Which of the following actions by a service provider would constitute "deficiency" under Section 2(11) of the Consumer Protection Act, 2019? 

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.