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Defects in Goods and Deficiency in Service — MCQs

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  1. Under Section 2(10) of the Consumer Protection Act, 2019, 'defect' applies to

    • Services only
    • Goods or products (correct answer)
    • Government offices only
    • Advertisements only

    Explanation. 'Defect' under Section 2(10) is defined specifically in relation to goods or products.

  2. A trader advertises a claim about a product's performance that the product does not actually meet, even though no separate law or contract required that specific standard. Can this still amount to a 'defect'?

    • No, only a legal or contractual standard can create a defect
    • Yes, because 'defect' includes falling short of any claim made by the trader about the goods (correct answer)
    • No, advertised claims are never relevant to a defect claim
    • Yes, but only if the product also violates a government regulation

    Explanation. 'Defect' under Section 2(10) expressly includes a shortfall against a standard 'claimed by the trader in any manner whatsoever' about the goods.

  3. Under Section 2(11), 'deficiency' in a service expressly includes

    • Only intentional fraud by the service provider
    • Any act of negligence, omission, or commission causing loss or injury, and deliberate withholding of relevant information (correct answer)
    • Only delays exceeding six months
    • Only losses exceeding one lakh rupees

    Explanation. Section 2(11) expressly writes negligence and deliberate withholding of relevant information into the definition of 'deficiency'.

  4. How does proof of a defect in goods usually differ from proof of a deficiency in a service?

    • There is no difference in proof
    • A defect in goods is often proved by a laboratory test, and a deficiency in a service by evidence, affidavits and documents (correct answer)
    • A deficiency is proved only by a laboratory test
    • A defect is proved only by oral evidence

    Explanation. Goods can be sent to an appropriate laboratory for analysis or test (section 38(2)(c)). A service is judged on the evidence, affidavits and documents.

  5. In Indian Medical Association v. V.P. Shantha, what did the Supreme Court hold about medical services?

    • Medical services are entirely exempt from the Consumer Protection Act
    • Medical services rendered for consideration fall within 'service', and patients availing them are 'consumers' (correct answer)
    • Only government hospitals can be sued under the Act
    • Doctors can only be proceeded against by the Medical Council, never by a consumer forum

    Explanation. The Supreme Court held that medical services rendered for consideration fall within 'service' under the Act, making patients 'consumers' with a right to complain of deficiency.

  6. In V.P. Shantha, which medical treatment did the Supreme Court hold to fall outside 'service'?

    • Treatment given at a private hospital
    • Treatment rendered entirely free of charge, with no part of it charged for (correct answer)
    • Treatment given by a specialist doctor
    • Treatment given during an emergency

    Explanation. V.P. Shantha held that medical service is a service, except where it is rendered completely free of charge to every patient, or under a contract of personal service. Section 2(42) excludes both.

  7. The reasoning in V.P. Shantha, applying 'deficiency in service' to doctors, extends equally to which other category of service providers?

    • No other category — the holding applies only to doctors
    • Banks, insurers, transporters, and other persons undertaking services for consideration (correct answer)
    • Only lawyers and advocates
    • Only educational institutions

    Explanation. The same statutory logic applied to doctors in V.P. Shantha applies to any service provider — banks, insurers, transporters, builders, and so on.

  8. How is a defect in goods or a deficiency in a service usually proved before a Commission?

    • Goods are often tested in a laboratory, and a service is judged on evidence, affidavits and documents (correct answer)
    • The service provider automatically bears the entire burden with no input from the consumer
    • No evidence is required in any consumer complaint
    • Only oral testimony under cross-examination is permitted, exactly as in a criminal trial

    Explanation. Under section 38(2)(c) a sample of the goods can be sent to an appropriate laboratory. For a service, the proof is by evidence, affidavits and documents.

  9. A hospital argues a consumer forum has no jurisdiction over a doctor's negligent treatment because medical discipline belongs only to professional bodies. Applying V.P. Shantha, is this argument correct?

    • Yes, professional bodies have exclusive jurisdiction over doctors
    • No, professional regulatory oversight does not exclude the concurrent jurisdiction of a consumer forum for a service rendered for consideration (correct answer)
    • Yes, but only for surgeries, not for general consultations
    • No, but only government hospitals can be proceeded against

    Explanation. V.P. Shantha expressly rejected the immunity argument — professional body oversight does not exclude a consumer forum's concurrent jurisdiction over deficiency in a paid medical service.

  10. A doctor administers a high-risk medication without checking the patient's known allergy history, causing permanent disability, at a fee-charging hospital. Does this satisfy the definition of 'deficiency'?

    • No, because the treatment was for a medical condition, not a commercial product
    • Yes, because it is a clear act of negligence causing injury during a service rendered for consideration (correct answer)
    • No, because only hospitals, not individual doctors, can be held liable
    • Yes, but only if the patient dies as a result

    Explanation. A negligent act causing injury during a paid service squarely satisfies 'deficiency' under Section 2(11), consistent with V.P. Shantha's extension of 'service' to fee-charging medical treatment.

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