Essay on Law Case Study

1197 Words Feb 10th, 2012 5 Pages
Mahan submitted certain documents before the Sub-Registrar for Registration claiming these as will. These documents were found to be a deed of conveyance and also improperly stamped. The Sub-Registrar impounded the documents and forwarded these to the collector of stamps. The Collector of Stamps asked Mahan to appear before him. He neither appeared before the Collector of Stamps nor submitted any other documents. Mahan has instead filed a complaint before the Consumer Forum that he has been harassed for three years and that there has been deficiency in service on the part of Sub-Registrar and the Collector of Stamps. Will he succeed. Explain.

Ans: Mahan will not succeed.
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SPURIOUS GOODS AND SERVICES
“Spurious goods and services” mean such goods and services which are claimed to be genuine but they are actually not so.
DEFICIENCY IN SERVICE
Section 2(1)(g) of the Act provides that, “deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance 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.
From this definition it can be said that
(i) “Deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance
(ii) Such quality and manner of performance of service should have been required to be maintained by or under any law for the time being in force or undertaken to be performed by a person in pursuance of a contract or otherwise.
(iii) The deficiency must be in relation to a service
Deficiency in service due to circumstances beyond control - In normal course, if the service is found deficient as per the above criteria, it is held deficient and the compensation is awarded. However there may be abnormal circumstances beyond the control of the person performing service.

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