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TMI Blog1995 (1) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... or loss of service due to illegal strike by its employees. 2. Reasons for the strike due to enforcement of scheme of transfer by the Bank and its being illegal due to employees resorting to it during pendency of conciliation proceedings before the Commission have not been assailed in this appeal. Even the finding that the bank was prevented from rendering any skeleton service to its customers due to unruly behaviour of the employees who not only created barricades by forming human wall before the bank but even mutilated and defaced the signature on cheques issued by the bank to cater to urgent demands of its customers by colluding with employees of Reserve Bank of India is well founded and unassailable. But what was argued was that s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , it is necessary to advert to certain provisions of the Act. A consumer or any registered voluntary consumer association, like the appellant, is entitled to file a complaint, as provided in sub-clause (iii) of Clause (c) of sub- section (1) of the Act for deficiency in service. 'Service' has been defined in clause (o) of Section 2 of the Act and reads as under :- " "service" means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or loading or both housing construction entertainment, amusement or the purveying of news or other information, but does not inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the Commission is to award compensation under Section 14(1)(d) of the Act as it has been made applicable to to the Commission by sub-rule (b) of Rule 19 of the Rules framed under the Act. Clause (d) of sub- section (1) of Section 14 is extracted below: "to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party". Each of these expressions used in the subsection are of wide connotation and are fully comprehended both in common and legal sense. Negligence is absence of reasonable or prudent care which a reasonable person is expected to observe in a given set of circumstances. But the negligence for which a consumer can claim to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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