– Aazmeen Kasad –

Who doesn’t love a freebie, especially when inflation makes everything pricier? A free conditioner with shampoo, a printer with a laptop, or complimentary services on white goods can make deals more tempting. Many buy things they wouldn’t have, just for the free add-on. But is it truly free, or are you indirectly paying for it? Even if it’s genuinely complimentary, what if the free product is defective or the service inadequate? Can you complain or seek legal action for issues with ‘free’ goods or services? Understanding your legal rights in such cases is essential to avoid being misled.

As a consumer, you have legal rights against defective goods and deficient services. The Consumer Protection Act, 2018, grants you fundamental rights and remedies, ensuring protection against unfair practices by manufacturers and service providers. However, what you are probably unaware of is that you are only protected if certain conditions are fulfilled or met.

The first condition is that there should have been a sale and you should have purchased these goods and/or services (the law applies equally to both, availed via offline, online, teleshopping or direct selling /multi-level marketing). But what would happen if you didn’t purchase the goods or services and used them nevertheless?

You are equally protected provided you use these goods (or services) with the approval of the person who has purchased the goods. That said if a person obtains goods for resale or commercial purpose or avails any service for commercial purpose, that person does not qualify as a ‘Consumer’.

It’s important to note that that any GOODS/ SERVICES availed FREE OF CONSIDERATION, provide no protection under Consumer Law. Meaning, a Service rendered free of charge by a medical practitioner attached to a hospital/Nursing home or a medical officer employed in a hospital/Nursing home, where such services are rendered free of charge to everybody, would not be considered ‘service’, and the person availing the same would not be protected in the event of any deficiency in the service.

The payment of a token amount for registration purpose only at the hospital/nursing home would not alter the position. The same holds true at a free medical camp including free eye camps where cataract surgeries etc are done gratis. The free service, if deficient, may prove more costly for you in the long run. It’s like how one cannot argue that the taxes paid to the Government entitles one to claim compensation for deficient government services!

Although the Consumer Protection Act provides a right to redress against defective goods and deficient services, what many consumers are unaware of is that in order to exercise that right, the said goods or services should not be availed of without a consideration being paid for. This is because the law defines a consumer as any person who ‘buys any goods for a consideration’, or ‘hires or avails of any service for a consideration’. The definition of service excludes services availed free of charge. So, if the services or goods are given free, one cannot complain before the consumer courts about them.

There is however, an exception to this rule, where the Supreme Court has ruled that a service rendered at a non-Government hospital/Nursing home, where charges are required to be paid by all and service rendered free of charge too, would fall within the ambit of the term ‘service’ under the consumer law, irrespective of the fact that the service is rendered free to individuals, who are not in a position to pay for the said services.

The Consumer Law as regards good offered free on purchase of other goods/service, if a trade practice which, for purpose of promoting sales, use or supply of any goods or for the provision of any service, adopts any unfair method or deceptive practice (like creating an impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged in the transaction) – is deemed Unfair Trade Practice and consumers can complain to the Consumer courts. If the allegations are proven, then the court may issue orders directing the manufacturer to discontinue the unfair trade practice and offer compensation to the consumer. However, this doesn’t stand when goods/ services are genuinely offered at no additional cost to the consumer.

In light of the above, it’s important to note that while it may be said that the best things in life such as love, laughter, friendship and loyalty are free, when it comes to seeking legal protection, one should bear in mind the quote of Will Leamon, “Sooner or later there will always be a cost for ‘Free Stuff’!”