SERVICE
Introduction: The definition of service has been amended in 1993 and 2002 of the Consumer Protection Act, 1986. It is given in Section 2 (1) (o).
Definition: Service means service 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 or other information, but does not include the rendering of any service free of charge of under a contract of personal service;
Case Law:
- Kishori Lal, Chairman Vs. E.S.I. Corporation[1]: In case of contract for service it implies a contract whereby one party undertakes to render service e.g. professional or technical service to or for another in the performance of which he is not subject to detailed and control and exercises professional or technical skill and uses his own knowledge and discretion.
Supreme Court in this case a service hired or availed, which does not cost anything or can be said free of charge or under a contract of personal service is not included within the meaning of 'service' for the purpose of the Consumer Protection Act.
- Taneja Vs. Calcutta Dist. Forum[2]: Calcutta High Court held that the relationship of teacher and student of an educational institution is not a service on hire because student is not such a consumer which is liked any way with the buyer of any economic goods and hire has not been linked with education, teacher and student.
- Vimal Chandra Grover Vs. Bank of India[3]: In this case Supreme Court held that grant of overdraft facility by Bank to its customer, being not without consideration amounts to providing of 'Service'.
- Additional Director CHGS Vs. R.L. Butani[4]: Court held that the services rendered by the Government servant under the Central Government Health Scheme are not covered by the term 'Service' as defined in the Act.
[1] AIR 2007 SC 1819
[2] AIR 1992 Cal. 95
[3] AIR 2000 SC 2181
[4] 1996
