What are the remedies for service deficiency under Consumer Protection Act?

What are the remedies for service deficiency under Consumer Protection Act?

Through the Consumer Protection Act, some remedies are granted to the consumers who fell prey to the deficiency of service added on by no grievance redressal by the service provider.

The concept of Deficiency in Service is explained under the Consumer Protection Act which specifically covers the aspects of the banking service, However, before going to the discussion regarding deficiency, it is necessary to understand the service first.

What is a service?

Here, service means service of any description which is made available to potential users, and they mainly include:

• Facilities in connection with banking

• Financing

• Insurance

• Transport

• Processing

• Supply of electrical or other energy

• Boarding or lodging, or both

• Housing construction

• Entertainment

• Amusement or the purveying of news or other information

However, it is not but not limited to the provisions mentioned. Neither, it covers any free service or any service under a contract of personal services.

The idea is that under a personal service relationship, a person can discontinue the service at any time according to his will and he need not approach Consumer Forum to complain about deficiency in service.

What is a deficiency in service?

Any kind of fault, imperfection, shortcoming or inadequacy in the quality, As per Sec. 2(11) of the Consumer Protection Act, 2019, deficiency of service is "any fault, imperfection, shortcoming or inadequacy in the quality, nature or performing manner of the service and includes (a) any act of negligence or omission or commission by such person to the consumer and (b) deliberate withholding of relevant information by such person to the consumer."

What is the procedure for filing a consumer complaint?

The consumers have the liberty to proceed to the consumer court in case of a deficiency in service. An e-option for filing the complaint has been made under the provision of the New Consumer Protection Act, 2019. The electronic option is much easier and you can file your complaint in one of the following forums depending on the value of the claim:

• District Consumer Redressal Forum - when the value of a claim is up to ₹1 crore.

• State Consumer Redressal Commission - when the value of a claim is between ₹1 crore to ₹10 crore.

• National Consumer Redressal Commission - when the value of a claim is more than ₹10 crore.

How are the remedies available if experiencing deficiency in service?

The remedies can be sought by the consumers in the following three steps:

Step 1: First try to avail the grievance mechanism service of the service provider, which is popularly known as "customer care". Most of the time the grievance redressal platforms are active, as even they want to secure goodwill. The problem arises when the grievance redressal is not proper or not provided at all.

Step 2: The consumer can first try to resolve the matter by sending a legal notice demanding a proper redressal, otherwise the matter shall be taken to the Court. Except in a few cases, the companies reply to that, and if they don't, you can approach the Consumer Court.

Step 3: If the service provider fails to resolve the issue and disagrees to compensate the consumer for the loss that occurred to them then the consumer has full authority to lodge a legal complaint against the service provider in the consumer forum. However, if the consumer wants to directly approach the consumer forum, he/she can because there is no obligation to send a legal notice beforehand.

A complaint needs to be included with essential details of both consumer as well as the service provider such as name, address, facts, remedy, affidavit and other supporting documents.

What is the time period to file consumer complaints?

As per Sec. 35 of the Act, the complaint should be lodged within two years from the date of cause of action regarding the deficiency in service.

If the basic complaint filed through e-option is admitted by the court, then within 21 days of such admission, the petition or the complaint should be filed in the prescribed manner, says Sec. 36 of the Act.

In case, you file a complaint, and the company proposes for a settlement through mediation, you can apply for the same within five days of filing as per Sec. 37 of the Consumer Protection Act. However, if this settlement is not satisfactory to you, the matter can be taken back to the forum following the required procedure.