3.

9 CONSUMER PROTECTION ACT, 1986

OBJECT OF THE ACT

According to the preamble, the Act is to provide for better protection of the interests of
Consumers and for that purpose to make provision to make provision for the establishment of
consumer councils and other authorities for the settlement of consumer’s disputes and for
connected therewith.
It may be noted that Consumer Protection Act (COPRA) is in addition to and not in derogation
of any other law. [Section 3]
BASIC RIGHTS OF CONSUMERS [SECTION 6]

The basic rights of consumers that are sought to be promoted and protected are;
a) The right to be protected against marketing of goods and services which are hazardous to life
and property:
b) The right to be informed about the quality, quantity, purity, standard and price of goods, or
services so as to protect the consumer against unfair trade practices;
c) The right to be assured, wherever possible, access to variety of goods and services at
competitive prices;
d) The right to be heard and to be assured that consumers’ interest will receive due consideration
at appropriate forums;
e) The right to seek redressal against unfair trade practices or restrictive trade practices or
unscrupulous exploitation of consumers; and
f) The right to consumer education.
CONSUMER PROTECTION COUNCILS

Introduction
The interest of consumers are sought to promoted and protected under the act inter – alia by
establishment of Consumer Protection Councils at the Central, State and District levels.
Central Consumer Protection Council
Section 4 provides that the Central Government shall, by notification, establish a Council to be
known as Central Consumer Protection Council, which shall consist of the following members:
(i) The Minister – in – charge of Consumer affairs in the Central Government, who shall be its
Chairman; and
(ii) Such number of other official or non – official members representing such interest as may be
prescribed.
The Central Council shall consist of 150 members and the term of the Council shall be 3 years.
The Central council shall meet as and when necessary, but atleast one meeting shall be held
every year.
State Consumer Protection Council
Section 7 provides that the State Government shall, by notification establish a Council to be
known as Consumer Protection council for (name of the state), which shall consist of the
following members:
(i) The Minister – in – Charge of consumer affairs in the state government, who shall be its
chairmans
(ii) Such number of other or non – official members representing such interest as may be
prescribed by the State Government; and
(iii) Such number of other official or non – official members, not exceeding ten, as may be
nominated by the Central Government.
The State Council shall meet as and when necessary but not less than two meetings shall be held
every year. The procedure to be observed in regard to the transaction of its business at such
meeting shall be prescribed by the State Government.
District Consumer Protection Council
Section 8A provides that the State Govt. shall establish for every district, by notification, a
council to be known as the District Consumer Protection council, which shall consist of the
following members;
(i) The Collector of the district (by whatever name called), who shall be its Chairman; and
(ii) Such number of other official and non –official members representing such interests as may
be prescribed by the State Govt.
The District Council shall meet as and when necessary but not less than two meetings shall be
held every year.
REDRESSAL MACHINERY UNDER THE ACT

Introduction
The Consumer Protection Act, 1986 provides for a three – tier quasi – judicial redressal
machinery at the District, State and National levels for redressal of consumer disputes and
grievances. They are known as Consumer disputes Redressal Agencies.
District Consumer Disputes Redressal Forum
The Act provides for the establishment of a District Forum by the State Government in each
district of the State by notification. The State Government may establish more than one District
Forum in a District if it thinks for to do so.
Section 10 provides that each District Forum shall consist of :
(i) a person who is, or who has been, or is qualified to be, a District Judge, who shall be its
President; and
(ii) two other members, one of whom shall be a woman.
The members of District Forum should be persons of ability, integrity and standing and should
have experience relating to economics, law, commerce, accountancy, industry, public affairs or
administration. They must be graduates and over 35 years of age.
Every member of the District Forum shall hold office for a term of 5 years or up to the age of 65
years, whichever is earlier, and shall be eligible for re – appointment.
Jurisdiction [Sec. 11]: Section 11 provides for the jurisdiction of the District Forum under the
following two criteria:
1. Pecuniary limits: The District Forum can entertain complaints where the value of goods or
services and the compensation, if any, claimed is up to Rs.20 lakhs.
2. Territorial limits: The District Forum can entertain complaints if any of the opposite party
ordinary resides or carries on business or personally works for gain or has a branch office; or the
cause of action arises within the local limits of its jurisdiction.
State Consumer Disputes Redressal Commission
The Act provides for the establishment of the State Consumer Disputes Redressal Commission
by the State Government in the State by notification.
Section 16 provides that each State Commission shall consist of :
(i) a person who is, or has been a judge of a High Court appointed by the State Government (in
consultation with the Chief Justice of the High Court), who shall be its President; and
(ii) not less than two, and not more than such number of members, as may be prescribed, and one
of whom shall be a woman.
The members of State Commission should be persons of ability, integrity and standing; and
should have experience relating to economics, law, commerce, accountancy, industry, public
affairs or administration. They must be graduates and over 35 years of age.
Every member of the State Commission shall hold office for a term of 5 years or up to the age of
67 years, whichever is earlier, and shall be eligible for re – appointment.
Jurisdiction [Sec. 17]: The jurisdiction of the State Commission is as follows:

1. Original Jurisdiction : The State Commission can entertain complains where the value of the
goods or services and the compensation, if any, claimed exceeds Rs.20 lakks but does not exceed
Rs.1 crore. [Pecuniary Limits]
The State commission can entertain complaints if any of the opposite party ordinarily resides or
carries on business or personally works for gain or has a branch office; or the cause of action
arises within the local limits of its jurisdiction. [Territorial Limits]
2. Appellate Jurisdiction: The State Commission also has the jurisdiction to entertain appeals
against the orders of any District Forum within the State.
3. Reversionary Jurisdiction : The State commission also has the power to call for the records
and pass appropriate orders in any consumer dispute which is pending before or has been
decided by any District Forum of the same state.
National Consumer Disputes Redressal Commission

The Act provides for the establishment of the National Consumer Dispute Redressal Commission
by the Central Government by notification in the Official Gazette.
Section 20 provides that the National Commission shall consist of :
(i) a person who is or has been a judge of the Supreme Court, to be appointed by the Central
Govt. (in consultation with the Chief Justice of India), who shall be its President; and
(ii) not less than four, and not more than such number of members, as may be prescribed, and
one of whom shall be a woman.
The members of National Commission should be persons of ability, intergrity and standing; and
should have experience relating to economics, law, commerce, accountancy, industry, public
affairs or administration. They must be graduates and over 35 years of age.
Every member of the National Commission shall hold office for a term of 5 years or up to the
age of 70 years whichever is earlier and shall be eligible for re-appointment.
Jurisdiction [Sec. 21]: The jurisdiction of the National Commission is as follows:
1. Original Jurisdiction : The National Commission can entertain complaints where the value
of the goods or service and the compensation, if any, claimed exceed Rs.1 crore.
2. Appellate Jurisdiction :The National Commission also has the Jurisdiction to entertain
appeals against the original orders of any State Commission.
3. Reversionary Jurisdiction: The National Commission also has the power to call for the
records and pass appropriate orders in any consumer dispute which is pending before or has been
decided by any State Commission.
Time limit for filing the Complaint
A complaint must be filed within two years from the date on which the cause of action arose.
However, the District Forum, State Commission or National Commission may entertain
complaint even after the expiry of two years, if it is satisfied that there was sufficient cause for
not filing the complaint within prescribed period of two years.
Time limit for filing the Appeal
An appeal to the:
(i) State Commission against the orders of District Forum:
(ii) National Commission against the original orders of State Commission.
(iii) Supreme Court against the original orders of National Commission.
Must be filed within 30 days from the date of receiving the order or District Forum / State
Commission / National Commission. However the State Commission, National Commission
Supreme Court may entertain an appeal even after the expiry of said 30 days, if it is satisfied that
there was sufficient cause of not filing the appeal within the prescribed period of 30 days.
Further, appellant shall also be required to deposit 50% of the amount required to be paid as per
the order of the District Forum/State Commission /National commission or
Rs.25,000/35,000/50,000, respectively, whichever is less.
It may be noted that appeals are allowed only against the original orders passed by the concerned
Redressal Agency. Thus, appellate orders passed by the State Commission or National
Commission cannot be further appealed against. Similarly, the revisional orders passed by the
State Commission or National Commission are also not appealable. However, only the National
Commission has the power to review any order made by it when there is an error apparent on the
face of the record.
NATURE AND SCOPE OF REMEDIES UNDER THE ACT [SECTION 14]
Where the goods complained against suffer from any of the defects specified in the complaint or
any of the allegations contained in the complaint about the services are proved, the District
Forum/State Commission / National Commission may pass one or more of the following orders:
a) To remove the defects pointed out by the appropriate laboratory from the goods in question.
b) To replace the goods with new goods of similar description which shall be free from any
defect?
c) To return the prices or the charges, as the case may be, to the complainant.
d) To pay the amount of compensation to the consumer for any loss or injury suffered and in
addition, punitive damages can be granted:
e) To remove the defects in goods or deficiencies in the services in question.
f) To discontinue the unfair trade practice or the restrictive trade practice.
g) No to offer the hazardous goods for sale;
h) To withdraw the hazardous goods from being offered for sale.
i) To cease manufacture of hazardous goods;
j) To pay such sum as may be determined by it;
k) To issue corrective advertisement; and
l) To provide for adequate costs to parties.

IMPORTANT DEFINITIONSW [SECTION 2]

Complainant [Sec. 2(1) (b)]
Complainant means –
(a) a consumer
(b) any voluntary consumer association registered under any law;
(c) the Central or any State Government
(d) one or more consumers, where there are numerous consumers having the same interest; or
(e) in case of death of a consumer, his legal heir or representative,
Who or which makes a complaint.
An association of persons to have locus standi as consumer, it is necessary that all the individuals
forming the association must be the consumer having purchased the same goods or hired the
same services from the party.
In case the affected consumer is unable to file the complaint due to ignorance, illiteracy or
poverty, any recognized consumer association may file the complaint as per the above clause (b).
Thus, rule of ‘privity of contract’ or ‘locus standi’ , which permits only the aggrieved party to
take action, has very rightly been set aside in the spirit of public interest.
Complaint [Sec.2(1)(c)]
Complaint means any allegation in writing made by a complaint that –
(i) an unfair trade practice or a restrictive trade practice has been adopted by any trader;
(ii) the goods bought by him or agreed to be bought by him be suffer from one more defects;
(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from
deficiency in any respect;
(iv) the trader has charged a price in excess of the price; (a) fixed under any law; (b) displayed
on the goods or any package containing such goods; (c) displayed on the price list exhibited by
him; or (d) agreed between the parties.
(v) goods which will be hazardous to life and property when used are being offered for sale to
the public;
(vi) services which will be hazardous to life and safety of the public when used, are being offered
by the service provider.
With a view to obtain any relief provided by law under this Act.
Consumer [Sec. 2(1) (d)]
Consumer means –
(i) In respect of goods, any person who purchases goods for a consideration but does not include
a person who has purchased goods for re – sale or commercial purpose. Such consideration may
be paid or promised or partly paid and partly promised or under the system of deferred payments.
(ii) Any person who is using the goods, with the permission of the buyer of such goods as
specified in clause (i).
(iii) In respect of service, any person who hires or avails service for a consideration but does not
include a person who has availed service for commercial purpose. Such consideration may be
paid or promised or partly paid and partly promised or under the system of deferred payment.
(iv) Any person who is beneficiary under the services with the permission of the hirer of such
services as specified in clause (iii);
(v) A person who purchases goods or avails services exclusively for the purpose of earnings his
livelihood by means of self employment.
Commercial Purpose: A person who has purchased goods for “commercial purpose” shall not
be deemed to be a consumer. A purchase of goods could be said to be for a “commercial
purpose” only if two conditions are satisfied, namely : (i) the goods must have been purchased
for being used in some profit – making activity on a large scale; and (ii) there should be close
and direct nexus between the purchase of goods and the profit – making activity.
Thus, a person who buys goods for re – sale or commercial purposes or avails services for
commercial purposes is specifically excluded from the definition of ‘consumer’. For example, a
person buying one truck or tempo or sewing machine or one computer for the purpose of earning
his livelihood by self – employment will be eligible to qualify as consumer. However, if a person
buys two typewrites, out of which one is used by a person employed by him, he will not be
eligible to file a complaint as a consumer because a person buying goods for re – sale or
commercial purpose is not a consumer.
For instance, a lawyer purchased a computer and a printer for his office. The printer started
giving trouble form the day one. The lawyer lodges a complaint under the Consumer Protection
Act. In this case, the printer has not been purchased by the advocate for any commercial purpose
treated as consumer and will succeed in his complaint.
[Sanjay Krishana Kant v. M/s Grooy Communication & Others]
Who is a Consumer : Following are some of the important decided cases in this regard:
1. Railway passengers traveling on payment of fare is consumer. [GM, South Eastern Railways
v. Anand Prasad Sinha]
2. Beneficiary of bank guarantee is a consumer. [Union Bank v. Seppo Rally]
3. Parents who bring the child to hospital and the child both are consumers. [Spring Meadows
Hospital v. Harjot Ahluwalia]
4. Allottees of house by Housing Board are consumers [UP Avas Gram Vikas Parishad v.
Garima Shukla]
5. A person obtaining water from a government agency and paying water bills for the water
supplied is a consumer. However, only if the water tax is levied, the person availing services will
not be a consumer. [Nagrik Parishad v. Garhwal Jal Sansthan]
6 The widow of a deceased policy holder is a consumer, as the term ‘consumer’ includes any
beneficiary of service other than the person who hires the services for consideration. [A
Narsamma v. LIC of India]
Who is not a Consumer: following are some of the important decided cases in this regard.
1. A charitable trust is not a consumer if it has purchased machinery for its diagnostic centre,
when only 10% patients are provided free services and charges are levied on remaining patients
Charitable Trust v. Toshniwal Brothers]
2. Person buying goods for manufacture of another product is not consumer as the goods were
intender for commercial purpose. [Rajeev Metal Works’ v. MMTC]
3. A tenant is not consumer when landlord has not agreed to render any service to tenant in lease
agreement. [Laxmiben Laxmichand Shah v. Sakerben Kanji]
4. A hospital will not be liable, if the hospital happens to be a government hospital where no fee
is charged for consultation and treatment, but only a token registration fee is charged. [Indian
Medical Assoc. v. V.P. Shanta & others]
Goods [Sec. 2(1) (i)]
Goods means goods as defined in the sale of goods Act, 1930.
As per Sale of Goods Act, goods means every kind of moveable property other than actionable
claims and money; and includes stock and shares, growing crops, grass or things attached to or
forming part of the land which are agreed to be severed before sale or under the contract of sale.
Therefore, most common products would come within the purview of this definition.
Shares have been specifically included in ‘goods’. However, shares before allotment are not
goods, as they do not exist before the allotment is made. To constitute a consumer, there must be
transaction of goods. Hence, a prospective investor cannot be regarded as a consumer within the
meaning of this Act, [Morgan Stanley Mutual Fund v. Kartik Das]
Services [Sec. 2(1) (o)]
Service means services of any description which is made available to potential users and
includes, but not limited to the provision of facilities in connection with banking financing,
insurance, transport, processing supply of electrical or other energy, board or lodging or both,
housing construction entertainment amusement or the purveying of news of other information,
but does not include the rendering of any service free of charge or under a contract of personal
services.
“Potential Users’ mean those who are capable of using the service. [Lucknow Development
Authority v. M.K. Gupta]
Contract of Personal Service and Contract for Personal Service: In contract of personal service,
the master can order or require what is to be done and how it is to be done. This is out of the
purview of COPRA as the master can always dispense with the service of the servant and hence
no occasion would arise for him to complain about service of the servant. However, in contract
for personal services, the person cannot order what is to be done and how it is to be done.
Services rendered in professional category could be treated as contract for personal service and
hence covered under COPRA.
Consumer Forum cannot decide disputes arising out of contract of appointment of personal
service For instance, Civil Servants and Professors in Universities are appointed under contract
of personal service and hence are not covered under COPRA. [Centre for Research & Industrial
Development v. Madam Lal Sahni]
What is Service: Following are some of the important decided cases in this regard:
1. Passengers traveling by trains on payment of the stipulated fare charged for the ticket are
consumer’ and the facility of transportation by rail provided by the railway administration is a
‘service’ rendered for consideration as defined in the Act. [GM, South Eastern Railways v.
Anand Prasad Sinha]
2. Similarly telephone services availed for consideration is a service. [District Manager,
Telephones Patna v. Lalit Kr. Baijla]
3. Service rendered to a patient by a medical practitioner (except where the doctor renders
service free of charge to every patient) by way of consultation, diagnosis and treatment, both
medical and surgical, would fall within the ambit of ‘service’. [Indian Medical Association
v.V.P. Shanta & Others]
4. Accepting deposits from public agreeing to pay interest is service. If interest and principal is
not paid on due dates, it is deficiency of service and consumer forums can issue orders for
payment of outstanding dues. [Kalawati v. United Vaish]
5. Education is an activity which comes within the ambit of ‘service’ because ‘service’ means
service of any description which is made available to potential users under this Act. [The CBSE
v. Consumer Disputes Redressal Forum]
What is not service: following are some of the important decided cases in this regard:
1) Conducting examination is not service as a candidate appearing for examination could not be
regarded as a person who has hired or availed the services of the University or Board for
consideration. Thus, the University or Board in conducting examination is not performed any
service. [Chairman, Board of Examination v. Mohideen Abdul Kader]
2. Registration of documents by government is not a service. A person presenting a document for
registration is not a consumer. There is no commercialization involved. Officers who are doing
the work of registration are doing the statutory duty. [S.P. v. collector of Stamps]
3. Payment of taxes is not hiring of services. No complaint can be lodged against Municipal
Corporation for failure to carry out its statutory duty of proper maintenance of drains, as payment
of taxes is not hiring of services. [Signet corporation v. Commissioner, MCD, New Delhi]
4. Promotional activities of state and its agencies are not services and complainants are not
consumers, as facilities are provided by State and its agencies without any specific
consideration. [T.N. Sethuraman v. Goa, Daman and Diu Industrial Development corporation]
5. Even if a litigant pays court fees, he is not hiring services of Court. The Court is exercising
sovereign function of dispensation of justice. Thus, complaint against Court for delay in
judgment is not maintainable under Consumer Forums.
6. Free Services are not covered under COPRA. The employer (Govt. in this case) deducted
insurance premium from salary of employee, but failed to make payment to LIC. When the
employee died LIC refused to pay as premium was not paid. It was held that the employer was
giving free service and hence he is not liable. [State of Orissa v. LIC]
7. However, if the employer is agent of LIC for the purpose of colleting premium, then general
principle of agency as contained in Contract Act shall apply. Employee has no responsibility to
intimate LIC about non – remittance of the premium. Hence, LIC has to make payment of
compensation if employer has deducted premium from salary of employee. [Delhi Electric
Supply v. Basanti Devi]
Consumer Dispute [Sec. 2(1) (e)]
Consumer dispute means dispute where the person against whom a complaint has been made,
denies in goods or against any deficiency in services or against charging an exorbitant price.
Defect [Sec. 2(1) (f)]
Defect means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or
standard of any goods which is required to be maintained by or under any law for the time being
in force or under any contact, express or implied, or as is claimed by the trader in any manner
whatsoever in relation to any goods.
In the case of Abhaya Kumar Panda v. Bajaj Auto Ltd. where the motor vehicle sold to the
petitioner was found to have major manufacturing defects which could not be removed despite
several repairs, it was held to be ‘defective’and the vehicle was ordered to be replaced.
Deficiency [sec. 2(1) (g)]
Deficiency means any fault, imperfection, shortcoming or inadequacy in the quality nature and
manner of performance of any service which is required to be maintained by or under any law
for the time being in force or has been undertaken to be performed by a person in pursuance of a
contract or otherwise in relation to any service.
In order to get any loss compensated for deficiency in service, mere loss or injury is not enough.
Loss or injury must be coupled with negligence. The term ‘negligence’ means absence of
reasonable care which a prudent person is expected to observe in a given set of circumstances.
Thus, no compensation can be claimed even in case of loss or damage. If it was not caused due
to negligence of the person. [Consumer Unity and Trust Society v. Bank of Boroda]
For instance, the driver of a bus suddenly, applied the brake to avoid a collision with bullock cart
and with result the bus met with an accident resulting in the death of a passenger. The legal heirs
of the deceased lodged a complaint with Consumer Forum for compensation on the ground of
‘deficiency in service.’ In the present case, the accident that occurred had nothing to do with
provided to the deceased because the injury sustained has nothing to do with the service
provided but due to the direct result of the accident, Further, there was no element of negligence
on the part of driver, as he had applied the brakes to avoid a collision. Hence, the heirs of the
deceased will not succeed in their complaint against the transport company.
[Chairman, Thiruvallavar Transport Corporation v. Consumer Protection Council]
It may be noted that COPRA does not have any jurisdiction in respect of any matter, if there is
some special law dealing with that matter.
What is Deficiency in Service: Following are some of the important decided cases in this
regard:
1. Negligence in settlement of Insurance claim, [Div. Manager, LIC of India v. Bhavanam
Srinivas Reddy]
2. Ornaments kept in the banks’ locker were found lost though the certificate recorded by the
custodian of the bank stated all lockers operated during the day had beenm checked and found
properly locked. [Punjab National Bank v. K. B. Shetty]
3. Issuing drafts on foreign banks where the bank had no account causing inconvenience to the
customer. [Tarun Kumar Kaniyalal Soni v. Punjab National Bank]
4. Honouring forged cheques [Corporation bank v. Filmalaya (P) Ltd.]
6. Debiting cheques to wrong accounts [Corporation Bank v. Filmalaya (P) Ltd.]
7. Failure to give possession of the house after receiving the price and registering the flat in
favour of the allottee. [Lucknow development Authority v. Roop Kishore Tandon]
8. Non delivery of letter by a courier company. [Skypack Couries Pvt. Ltd. v. Anupama Bagla]
9. Theft of car from parking of an hotel constitution the deficiency in service. [Atul Virmani. V.
Asian Hotels Limited]
10. Delay in issue of units by UTI of about 18 months is deficiency in service. In this case, 15%
interest was awared as compensation. [UTI. v. Smt. Bandana Roy]
11. To run a boat club without having necessary equipment and personal trained for meeting an
emergency constitutes gross negligence and serious deficiency in service. [Sandhu v. Union of
India]
12. Parking vehicle in parking lot on payment of parking charges is bailment. Persons
responsible for management of parking area is liable to make good the loss due to theft. [Mahesh
Enterprises v. Arun Kumar Gumber]
13. In the case of goods carrier services, the liability of a carrier to whom the goods are entrusted
for carriage is that of an insurer and is absolute in terms. So long as the goods are in the custody
of the carrier, it is the duty of carrier to take due care as he would have taken of his own goods
and he would be liable if any loss or damage was caused to the goods on account of his
negligence3 or criminal act or that of his agent and servants. This would be so even if goods are
carried ‘AT OWNER’s RISK ----------‘. Owners’ risk is understood in the sense that the carrier
would not be liable for damage or loss to the
goods if it was not caused on account of carrier’s own negligence or the negligence of his
servants and agents. [Nath Brothers v. Best Roadways Ltd.]
14. The transportation of goods through carriers cannot be considered as for commercial
purposes and the transporter is liable for any deficiency in service. [Express Goods Service v.
Standard Textile Mills]
15. Selling an item at double the price printed on the wrapper is an Unfair Trade Practice. [Kapil
Mitra v. Priya Village Roadshow, New Delhi]
What is not Deficiency in Service : Following are some of the important decided cases in
this regard:
1. Refusal to give credit to customers on grounds that the unit belonged to a sick Industry or was
not economically viable on any other grounds would not fall under deficiency of service as a
bank is the sole judge of the credit worthiness of any party. [Asha Sharma v. Union of India]
2. Failure to deliver goods carried by the railways is not covered clause ‘deficiency in service
rendered’ of Consumer Protection Act, But it is covered under Railway claims tribunal Act. 1987
and thus required to be compensated in that Act. [Union of India v. M. Adaikalan]
3. The National Commission held that where the bank has not been accommodating the
complainant sufficiency in the matter of grant of adequate mursing facility for small scale
industry which consequently became sick, the proper forum to agitable the said grievance is civil
court and not a consumer redressal forum. It further held that the banks have to exercise their
discretion and act in accordance with their best judgment after taking into account various
relevant factors and hence mere failure to provide financial facility cannot be said to constitute
deficiency in service. [Special Machines v. Punjab National Bank]
4. A person or organization engaged in the business of courier services for carriage of mail or
parcels falls within the purview of the COPRA, 1986 and delay in delivery of articles or non –
delivery will constitute deficiency in service. However the National Commission held that the
complainant ought to have insured the documents if they were of great value and as per IATA
Regulations, the consignee is bound to declare the nature of the contents and hence did not grant
any relief to the complainant. [Air Pack couriers (India) Pvt. Ltd. v. S. Suresh]
5. If the staff gives some information (or leaflet containing some information) which is against
the provisions of Statute, the Authority is not liable for deficiency in service. In this case, the
postal staff gave incorrect information about rate of interest and maturity period of National
Saving Certificate. The Supreme Court held that since the terms are specified by notification of
Govt. of India, any information contrary to the notification is not binding on Govt. of India. [Post
Master v. Ms. Raja Premeelamma]
6. Disconnection of electric supply for non – payment of charges by consumer is not deficiency
in service. Electricity Board has power to discontinue supply. It was also held that electricity
board can make supplementary bill for escaped bill. [Swanstic Industries. v. Maharashtra State
Electricity Boad