In a significant legal clarification, the State Consumer Disputes Redressal Commission has affirmed that services provided free of cost do come under the ambit of consumer protection laws. This ruling came during the appeal against a 13-year-old decision by the Haridwar District Commission.
The case in question dates back to 2008, where a woman filed a complaint against a doctor in Haridwar, alleging negligence during her treatment, which led to her deteriorating health and the subsequent death of her unborn child. On April 6, 2011, the Haridwar District Commission acknowledged the doctor’s fault and ordered compensation of ₹17.60 lakhs.
During the appeal, the defense argued that the patient had not been charged for the treatment, suggesting that the service should not be covered under the Consumer Protection Act. They contended that the district commission should not have accepted the complaint.
Rejecting this argument, the State Commission, chaired by Kumkum Rani with member B.S. Manral, referenced a Supreme Court decision in the IMA vs VC Santha case, which stated that even free services are considered services under the law. After a thorough review of all aspects of the case, the State Commission overturned the district commission’s decision to award compensation, delivering their final judgment on August 30.
