...they have submitted that present complaint have been filed just with a sole purpose to harass. As per opposite parties no. 2 and 3 there is no proof of deficiency in services against them as alleged ...with the alleged deficiency in services if any of the delivery of the wrong product in question is done by the opposite party no.1. The role of the answering opposite parties no. 2 and 3 ...the complaint. As per their reply it is submitted that deficiency in service cannot be alleged without attributing fault, imperfection, short coming or inadequacy in quality, nature and manner of...

.... 8. Moreover, the onus of proof of deficiency in services is on the complainant in the complaints under the Consumer Protection Act, 1986. It is the c...against the changing of certain parts and it can only be sued if there is any deficiency in service in rendering services but same was not pleaded specifically that what services are not properly ...had approached the Commission, therefore, without any proof of deficiency, the opposite party cannot be held responsible for deficiency in 3...

...held liable on any count for want of proof of deficiency in services or otherwise. 8.4 The complaint fails. It is dismissed. No order as to costs.... Neither there is any deficiency in services nor unfair practice by OP1. But, the complainant is trying to misguide the Forum by giving false and fabricated averments, no claim under the Consumer Protection...proved his complaint?. For the following reasons, it is held that the complainant could not prove his complaint of either deficiency of services or unfair practices against any of the opposite...

...Complainant. The Complainant should be put to strict proof that the correct product was returned by him. It is noteworthy that the onus of proof of deficiency in ...liable for any deficiency in service as it did all within its means to resolve the Complainant"s concerns. That, despite being an intermediary and not the Seller of the product, the Impugned Product was...Opposite Party. In case the Complainant is not able to prove that the deficiency of service lies on part of Opposite Party, then Opposite Party cannot be held liable for deficiency of service...

...hold that the appellant is deficient in providing services therefore, drawn adverse inference against the appellant.22. The onus of proof that there was deficiency ...law and facts.19. The onus of proof of deficiency in service is on the complainant in the complaints under the Consumer Protection Act, 1986. It is the complaina...who had approached the Commission, therefore, without any proof of deficiency, the opposite party cannot be held responsible for deficiency in service. In a judgment of this Court reporte...

...was held to be proof of deficiency in services and unfair trade practices. 18- fojks/kh i{kdkj dzekad 02 ds }kjk ifjoknh dks ,-,e-lh- Ldhe izn"kZ lh&3 nh xbZ Fkh ftlds...: Authorized service centers are typically independent businesses that provide repair and maintenance services for products. Their liability for deficiency in service is...who fail to maintain service standards. It is held that the act of opposite parties in failing to provide proper service after sales services and forcing the complainant into unnecessary litigation...

...belonged to the petitioner/opposite party. 6. In the absence of proof of any negligence/deficiency on the part of the petitioner in rendering services to the de...proving some deficiency on its part in rendering services to his consumer. He also submits that no evidence to prove any such negligence or deficiency on the part of the petitioner was led before the...District Forum. On a perusal of the order of the District Forum and the State Commission, I do not find any evidence having been led by the complainant to prove any deficiency or shortcomings in the...

...allegations on respondent company of any deficiency in services. 3. The parties led evidence in support of their respective versions. 4. We have heard complain...true in the absence of any cogent proof submitted by the respondents. A consumer buys the product to avail hassle free services and no one has time to make rounds of the service centre if there is no...complainant got adamant to get the handset replaced by a new one. It is submission of the respondents that merely by oral version and in the absence of any documentary proof the complainant can not make...

...substantiate the factum of deficiency in service committed by the opposite party was primarily on the complainant. In the absence of proof of any negligence / deficiency on the p...the complaint on merits in the absence of the opposite party. 4. In order to prove the case, proof affidavit has been filed by the complainant as their evidence and Ex.A1...:- (1) Whether there is any deficiency in service on the part of the opposite parties? (2) Whether the complainant is entitled for the reliefs...

...raised certain preliminary objections interalia that in absence of any valid proof of negligence or deficiency in services of opposite party No.4, present complaint is liable to ...deficiency in services on the part of opposite parties. Accordingly, present complaint is allowed directing opposite parties jointly or severally to refund Rs.67,100/- to the complainant within forty five...opposite party No.1. In the month of March, 2016 complainant contacted with opposite parties No.1 to 3 for availing the services of Thailand and Singapore tour. On 30.03.2016, (wrongly mentioned as...

...evidence constituting deficiency in service are absent. 7.2. The initial burden of proof of deficiency in service was on the complainant, but ha...deficiency of service is upon the person who alleges it. The complainant has, on facts, been found to have not established shortcoming or inadequacy in the service of the opposite party. Hence, point 'a' is...) 1. The present complaint is filed under Section 35 of the Consumer Protection Act, 2019, alleging deficiency of service and unfair trade practice on the part of opposite par...

...deficiency in their services based on false ground of medical conditions, any proof of medicines and financial harassment due to speed post cost for article for Rs 39/-. So complaint based on fals...article was lost at NSH Ghaziabad on route to Meerut, certainly amounts deficiency in the services of OP. Considering Gazette notification for Indian Post Office, OP would be liable to compensate...supporting their services (OPW/3&4) as per the Gazette in reference to citations as RP 3395/2016 NC in Sr Supdt of Post Offices, East Div. Delhi vs Sayyeda Madiha (decided on 02/05...

...Suresh and the certain line of medical treatment adopted by treating Doctors .Normally the rule is that Burden of proof lies upon the person who asserts that there was medical negligence or deficiency in ...the part of the Opposite Parties . Complainants had failed to establish the medical negligence and the deficiency in service on the part of three Doctors (OP) by examining Expert medical...indicate deficiency in service or unfair trade practice on the part of Doctors engaged, unless the case is clearly governed under the principle of res ipsa loquitur. i.e .thing speaking for itself...

...to redress the complainant's concern is also answered in affirmative. 14. Issue no. 3: Learned Counsel for the respondents would contend that the onus of proof to show deficiency ...respondents under Section 35 of the Consumer Protection Act, 2019 for deficiency in their services. 1 2. The...our findings in issue no.1 and 2 and while reading Section 2(11) with Section 2(42) of the Consumer Protection Act, 2019 the inescapable conclusion is that there was deficiency in services on the part...

...171, insured vehicle was stolen and claim was not settled on the plea of lack of proper care of the vehicle as the key was stated to be left by the drive in the vehicle and for want of ...so, there was negligence and deficiency of services on the part of OPs. 1.2: The OPs remained absent for want of appearance, they were proceeded ex-parte vide...deficiency of services against OPs that despite total loss of the insured subject/ vehicle by way of theft, the insured was not released to the complainant. Therefore, the complainant is held entitled for...

...can be no better proof for deficiency in services on the part of the opposite parties that even after arriving in Canada, the complainant had to come back to India after some time. It was the...2010 and he went to Canada. But, after sometime, complainant came back to India and alleged deficiency in post arrival services. First of all, whatever deficiencies have been mentioned in the...). The Respondent shall also pay a sum of Rs.3,00,000/- as compensation for harassment and mental agony as well as for deficiency in service and unfair trade practice, apart from payment...

...services through GSBC in Canada, it was the opposite parties, who were totally responsible for the services to be provided in Canada. There can be no better proof for deficiency in ...back to India and alleged deficiency in post arrival services. First of all, whatever deficiencies have been mentioned in the complaint, most of them were not part of the agreement that w...compensation for harassment and mental agony as well as for deficiency in service and unfair trade practice, apart from payment of cost of Rs.5000/-. The entire amount shall be paid by...

...that the vehicle was suffering from manufacturing defects". 2. Whereas "onus of proof of the deficiency in service" in the matter of 'SGS India Ltd. Vs dolp...onus of proof of deficiency in service is on the complainant in the complainants under the consumer protection act,1986. It is the complainant who has approached the commission, therefore, without...proof of deficiency, the opposite party cannot be held responsible for the deficiency in service. In a judgment of this Court reported as...

...given detail of other days of his package but just confining to 2nd day of tour. (vi) There is no proof of that those services were to be provided by the OP, therefo...scheduled today for order (item no.7) 1.1. (Introduction to case of parties) -The complainant has grievances of deficiency of services and of unfair trade pr...deficiency of services or of unfair trade practice. The other services was availed by the complainant from someone else. The services of air tickets were completely provided by the OP...

...mystery for want of proof of record or facts under what circumstances these had happened, what were the documentary record, it is not made known. These aspects alleged remained uncorroborated. (vi) The ana...limited role to provide financial services, therefore, in case there was any defect in the vehicle, it could be sorted out by the authorized dealer. There is also no deficiency of services or unfa.... When it was complained to OP1, he asked and taken back the vehicle to refund the amount but it has not been refunded till date. There is unfair trade practice and deficiency of services on the part of...