One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X purchased a new motorcycle from XYZ Motors dealership in City A. When he requested the mandatory safety helmets that should accompany the vehicle purchase, the dealer representatives refused, stating they don’t provide helmets. Mr.X discovered through government websites that dealers are legally obligated to provide complimentary helmets with new two-wheeler purchases. The dealership’s refusal constituted both a consumer protection violation and non-compliance with motor vehicle safety regulations. This case highlights how dealers sometimes exploit customers’ lack of awareness about their legal rights, particularly regarding mandatory safety equipment that comes with vehicle purchases.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Document all communications with the dealer and gather evidence of their refusal. Research government notifications about mandatory helmet provisions for your state. Contact the Regional Transport Office to confirm current regulations. File complaints with consumer forums if the dealer continues to refuse compliance.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 318 deals with cheating and dishonest inducement. The Consumer Protection Act 2019 provides remedies for unfair trade practices. Motor Vehicle Act provisions regarding mandatory safety equipment compliance apply. Under BNSS Section 173, police can register complaints for violations of consumer rights and regulatory non-compliance by commercial establishments.

If You Are the Complainant

• Gather all purchase documents and receipts from the dealer transaction
• Take screenshots of government notifications mandating helmet provision
• Document all conversations and refusals by dealer representatives
• File complaint with District Consumer Redressal Forum within jurisdiction
• Submit complaint to RTO regarding dealer’s non-compliance with safety regulations

If You Are the Victim

• Immediately demand written explanation for helmet denial from dealer
• Contact manufacturer’s customer care to report dealer non-compliance
• File online complaint through National Consumer Helpline portal
• Approach consumer forum for compensation and compliance order
• Report to transport authority for dealer license violation investigation

How the Police Behave in Such Cases

Police typically treat these as civil consumer disputes rather than criminal matters initially. They may suggest approaching consumer forums first. However, if fraud or intentional cheating is established, they can register FIR under relevant BNS sections. Police cooperation improves when complaints involve systematic violations by dealers affecting multiple customers.

FAQs People Normally Have

Are dealers legally required to provide helmets? Yes, most states mandate complimentary helmets with new two-wheeler purchases.

Can I get compensation beyond just the helmet? Consumer forums can award additional compensation for harassment and unfair trade practices.

What if the dealer offers to sell helmets separately? This violates regulations if helmets should be complimentary as per state notifications.

How long do I have to file complaints? Consumer complaints can be filed within two years of the cause of action arising.

What Evidence Is Required?

• Vehicle purchase invoice and all transaction documents
• Government notifications mandating helmet provision in your state
• Written or recorded communications with dealer representatives
• Witness statements from other customers facing similar issues
• Photographs of dealer premises and any displayed terms
• Manufacturer’s official policy documents regarding helmet provision
• RTO regulations and compliance requirements for dealers

How Long Will the Investigation Take?

Consumer forum proceedings typically take 3-6 months for resolution. RTO investigations may take 2-3 months for compliance orders. Police investigations, if criminal charges apply, can extend 2-4 months depending on case complexity and evidence gathering requirements.

Advocate Sudhir Rao, Supreme Court of India