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    Question

    Which of the following actions by a service provider

    would constitute "deficiency" under Section 2(11) of the Consumer Protection Act, 2019? 
    A A delay of 1-2 days in performing contracted service delivery, if not specified as essential Correct Answer Incorrect Answer
    B Deliberate withholding of material information from a consumer that causes them loss or injury Correct Answer Incorrect Answer
    C Failing to provide services that exceed the contractual specifications Correct Answer Incorrect Answer
    D Services provided at a price higher than initially discussed but within permissible increase Correct Answer Incorrect Answer
    E Any act of negligence regardless of causation between the negligence and harm Correct Answer Incorrect Answer

    Solution

    Section 2(11) defines "deficiency" as imperfection, fault, or inadequacy in quality or manner of performance required by law or contract, and expressly includes: (a) any act of negligence or omission or commission causing loss or injury to consumer; and (b) deliberate withholding of relevant information to the consumer. Notably, the provision requires actual causation between the act/omission and consumer loss. Services rendered free of charge or under a pure contract of personal service are excluded from this definition. Deficiency covers service sectors including banking, insurance, transportation, hospitality, education, and utilities. The consumer need not prove negligence; deficiency can arise from mere non-performance or inadequate performance.

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