How Can Consumers Challenge Defective Vehicles and Dealer Negligence?
Buying a new vehicle is considered a big ticket purchase. Consumers expect safety and performance as well as after-sales services from the brand after splurging so much money from their pockets. But what if that brand new four wheeler or two wheeler which you bought starts giving you frequent issues or defects? Our research shows manufacturing defects, servicing issues, repair shop negligence or wrong attitude or dealer complaints which go unheard.
What Causes a Defect in a Vehicle?
Defect in a vehicle doesn’t necessarily mean breakdown every time. Repeated engine problems, safety issues at time of purchasing your vehicle, poor repairing services or genuine complaints being turned down which leads to dissatisfaction in customers can become a consumer dispute.
Consumers go to the service centre time and again with hopes that everything will get solved this time but all delays cause angry customers along with a hole in the pocket.
Every customer purchasing vehicles has the right to approach the vehicle manufacturer or dealer if they face deficiency of service, unfair trade practice or defective vehicle under the existing consumer protection laws. Consumers can approach the consumer forums and seek reliefs under Consumer Protection Act, 2019.
NCDRC Lawyers advise consumers all across India whether their vehicle related grievances amount to a consumer dispute or not and what kind of reliefs can consumers claim against vehicle manufacturers or dealers as per their legal rights depending on the documents, facts and circumstance of the case.
Many consumers from Delhi NCR, Noida, Ghaziabad, Gurugram or Mumbai, Bangalore, Chennai or Hyderabad who purchased vehicles have gone through the same situation. Consumers generally hesitate to approach a consumer forum as they believe car companies to be big giants.
Consumer law gives every consumer the power to approach and file their legitimate complaint at a consumer forum if you bought a product or received after-sales services which doesn’t meet your expectations.
NCDRC Lawyers also advise that Maintenance of documents plays a crucial role in case of any vehicle disputes. Vehicle invoices during purchasing of vehicle, warranty cards, Repair details if any, Service requests and complaints given to service executives, Vehicle Inspection report if serviced, communication via emails with dealership etc., will help you build your case.
Filing a consumer complaint against every defect which you see isn’t the solution. Consumers can claim against the seller or manufacturer what reliefs are suitable to your situation. Repair associated reliefs or costs, replacement of vehicle, refund of money paid, compensation or any other direction which consumer law has provided can be sought by consumer.
Why Do Consumers In India File Defective Vehicle Complaints?
Vehicle complaints are complex because of systems involved in today’s technology. Cars these days are made up of mechanics and electronics which coordinate through services.
A consumer might face the same faults even after visiting authorised service centre many times. Making them confused if its an intermittent problem or an actual major issue.
Delhi, NCT whether its New Delhi, Noida or Gurugram being congested cities we use our vehicles more in harsh conditions. Making us more conscious about our vehicle maintenance, performance or service fulfilment. Customers usually face issues when the dealer refuses to hear your complaint or make recurring problems as vehicle fitting.
NCDRC Lawyers say the primary reason disputes are made is because most buyers solely rely on oral conversations during the time of vehicle purchase. And they don’t maintain any paperwork.
If a consumer can prove that he has made previous complaints to the company about their services and they have replied to those. Your case as a consumer is already halfway built.
Vehicle owners tend to lose money by:
- Frequent repairing costs by taking your vehicle after purchase.
- Not being able to use your vehicle when its getting serviced.
- Lives at risk because of sudden defects.
- Loss of business if that vehicle was bought for selling purposes or business.
- Hiring the right lawyer at the start can save you from losing evidence and not filing your complaint in the right manner.
Few things to know about Consumers Rights Against Defective Vehicles :
Defective cars fall under Consumer Issues due to defective goods or deficiency of services.
Consumer disputes are filed under Consumer Protection Act, 2019 which is present in India.
Vehicle owners or consumers can file their complaints before any of the three Consumer Commission as per the investment amount in there vehicle. As there are certain criteria for filing a case in each consumer commission.
Vehicle sale papers and servicing records will be taken as proof against your statement.
Car manufacturer, dealer and even the servicing centre can be added as parties depending on your case.
Reliefs granted will be based on facts, proofs which you provide to the consumer forum about your defect. Judgements are given by the respective consumer forum presiding over your case. These judgements vary from case to case as every situation is different.
What is Considered As Defective Vehicle and Dealer Denial?
If a vehicle has problems, issues or faults in its usage, quality, performance, safety features or just not up to the expectations maybe considered as a defective vehicle.
Dealer Denial can constitute to rude behaviour during service, ignoring your complaints, lying to consumers or not understanding the complaint registered by consumer.
Buyers are able to file a consumer complaint if there is defect in goods or deficiency in service under consumer law.
As a consumer you have to prove the defect/service failure/unfair trade practice occurred with what evidence you have.
Repairing your vehicle can sometimes become part of vehicle maintenance NCDRC Lawyers will help you determine when your case isn’t normal.
Your defective vehicle case or Dealer denial has legal standing when :
- You get the repair issue back with your vehicle again.
- Safety concerns are not fixed by the dealer.
- Specifications or promises made by the brand isn’t given.
- Manufacturer doesn’t take responsibility for the fault without any proper cause.
- Consumer Court Lawyers for Car Problems in India.
- Customers should consider contacting a lawyer when there is no progress after trying to sort your issue with the dealer or manufacture side. Consumers these days just keep visiting the authorised service centres wondering what are their consumer rights.
- These scenarios may be the time where you would want to know your legal alternatives:
- Branded new vehicle giving you regular major issues
- Dealer is unable to fix the same issue no matter how many times you visit
- Claims being denied under warranty without any valid cause
- Manufacturer isn’t responding to your severe complaints
Potential damage to you because the car has safety issues or you lose money
You were fooled into buying a car or car features or condition were misrepresented to you.
Consumer Lawyers will go through your buying documents, servicing experiences any letters you might have sent to them complaining about your car and what you want to be done about it. Strategy and advice would be rendered based on nature of your defect, evidence, limitation status if any and what action was taken by the manufacturer or dealer after you communicated your issue to them.
We at NCDRC Lawyers have consumers from all over India. We focus on Delhi NCR areas Delhi, Noida, Ghaziabad, Greater Noida, Gurugram as a lot of purchases or servicing occurs in these areas.
Some cases can be discussed with you when you consult us to see if its even worth filing a consumer complaint or if we can talk to the other party and settle outside or any other remedy would be available.
How Can We Help You in Defective Vehicle Complaints?
Whether its your vehicle which is defective, dealer denying your complaints or negligence on manufacturer’s part and unfair trade practice or authorised service centres not fixing your servicing problems. We at NCDRC Lawyers are here to help consumers who want justice for these type of problems.
We listen to understand your case instead of hearing what you think is wrong with your car.
Review of documents include
- Vehicle purchased deed and invoice
- Service centre visits and repair analysis
- Communication with company
- Defect you face and repercussions
- Find out which Consumer Commission will look at your dispute
BK Singh Advocate and NCDRC Lawyers team specializes in consumer disputes and wants to represent consumers in the best way possible by proper drafts and through the correct forum which relates to your issue.
Consumers from all over India no matter if you reside in residential areas, business hubs or bought your vehicle online can face difficult situations with your vehicle that don’t get solved.
Just because the CPA allows consumers to file legitimate complaints doesn’t mean your case will be accepted. Every situation is different and comes down to proofs, valid reasons to file a consumer dispute and what the respective consumer forum thinks.
If you decide to formally proceed, the consumer complaint filing process can involve organizing the vehicle invoice, warranty records, service history, communications and other supporting documents.
Where a formal notice is appropriate before further consumer proceedings, consumers may also consider the consumer legal notice drafting service for preparing a structured communication to the manufacturer or dealer.
Because vehicle disputes often depend heavily on records, inspection reports and communications, evidence and affidavits in consumer cases can also become relevant to presenting the dispute before the appropriate forum.
FAQs
1. Can I make a case against vehicle companies for defect?
Yes if there is an actual defect in your vehicle or servicing related issues then you can take consumer action against them.
2. Can dealer be responsible for giving my vehicle bad service?
Yes if there is deficiency found in vehicle servicing or complaints are not taken seriously or denied on promised services by dealer then consumers can take legal action against him.
3. Under what consumer law can I make a case against defective vehicle?
Defective vehicle issues are normally handled under Consumer Protection Act, 2019 and all the related laws which speak about defective goods and deficiency in services.
4. What documents should I keep ready for consumer complaint against vehicle?
Vehicle invoices you were given during purchase/warranty cards/Service history/repair bills/complaint acknowledgment/messages or emails with dealership are some forms of evidence which can be used while filing consumer complaint against vehicle.
5. Can I ask for a new vehicle instead of my defective vehicle?
A consumer can seek such reliefs which the law provides him with under the Consumer Protection Act. This includes asking for a new vehicle depending on your facts and situations discovered by consumer court.
6. Will NCDRC listen to my vehicle cases?
National Consumer Disputes Redressal Commission has it’s own set of jurisdictions under consumer law and your case needs to fulfill requirements of statutes. Only then can we decide what consumer forum would suit your case.
7. How long does it take to solve defective vehicle cases?
Depending on your facts, evidence/how weak or strong your case is, complexity of consumer dispute, workload of forum and what the other party has to say.
8. Can I file a consumer complaint against both vehicle dealer and manufacturer?
It all depends on facts as to whether both are liable for the defect in goods or deficiency in services provided to consumer.
9. Can customers claim compensation if their vehicle caused loss of life?
Yes if your loss was because of some deficiency which can be proven by the consumer then compensation can be granted by the consumer court depending on your facts.
10. Is it necessary for me to consult a lawyer before filing a consumer complaint?
Consulting a consumer lawyer will help you understand your documents, which consumer forum to approach, merits of your case and what you can ask for before filing your case.
Closing thoughts
We understand that having a faulty vehicle is not just pricey but can also cause you stress on safety issues and getting fix the same problem over and over. Consumers should not be penalized just because the defect is with a large company or the vehicle was bought from an authorised dealer.
Maintain your vehicle documents and know your consumer rights so you don’t get intimidated if and when you step into a consumer court.
Consumer disputes are all based on facts and evidence. So any type of proof that will support your concern will be useful during consumer court hearings.
Bio
BK Singh Advocate is an advocate who deals with consumer disputes such as defective goods, negligent behaviour by dealers & consumer forum trials. BK Singh Advocate one of the NCDRC Lawyers understands consumers problems by providing them right related education, documents analysis and handling complex consumer disputes. Advocate BK singh has worked on cases which involves Consumer disputes and Consumer Commission Hearings. Advocate wants to provide his customers with realistic solutions and provides his customers with legal advice depending on their case merits and facts. BK Singh Advocate has experience and knowledge dealing with consumer disputes and can help you with any car related disputes and consumer law problems.
