If you are stuck in such a situation, here is what to do.

Mrs. Anjali Sharma, a dedicated school teacher from the city of Ratanpur, finally realized her long-held dream of owning a car. On 15th May 2024, she purchased a brand-new ‘Aura Motors Swiftwing LX’ from Premier Motors, a local dealership. Her joy, however, was short-lived. Within a few days, the dream soured into a distressing ordeal.

Immediately after taking delivery, she noticed several alarming defects: a clear mismatch in the paint, suggesting a shoddy repaint job; misaligned doors with uneven gaps; poorly focused headlights; and a loose fog lamp. The vehicle also vibrated excessively, indicating alignment issues. Just a few hundred kilometers into its life, the car was back at the dealership for extensive repairs. The dealer replaced door strikers, adjusted headlights, refixed lamps, and performed alignment checks, all of which implicitly confirmed that the vehicle was delivered with pre-existing faults.

When Mrs. Sharma and her family tried to escalate the issue with Aura Motors’ customer care and regional management, they were met with a wall of denial. A regional manager, Mr. Vikram Singh, dismissed their concerns, suggesting they were “raising issues unnecessarily” and flatly denied any possibility of the car being repainted. The dealership echoed this stance but refused to provide a written declaration on their official letterhead confirming the vehicle’s pristine, pre-delivery condition. The stress of this situation has taken a toll on the family. Mrs. Sharma is distraught that her life savings were spent on a product that was sold as new but appears to be refurbished. They are now demanding a full replacement of the defective vehicle or a complete refund.

Advice in such cases

• Document Everything: From the moment you suspect a defect, start documenting. Take clear photos and videos of the issues. Keep all receipts, invoices, job cards from the service center, and any communication with the dealer or manufacturer.
• Communicate in Writing: While phone calls are quick, they leave no record. Follow up every phone call with an email summarizing the conversation. This creates a paper trail that is crucial as evidence.
• Get an Independent Assessment: If the dealer denies the defects, consider getting the vehicle inspected by an independent, certified automobile expert. Their report can serve as powerful evidence to substantiate your claims.
• Do Not Sign Vaguely Worded Documents: Be cautious about signing any documents from the dealer, especially “satisfaction notes” after a repair, unless you are genuinely satisfied.
• 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 of 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

Applicable Sections of Law

Such cases are primarily governed by the Consumer Protection Act, 2019, which protects consumers against unfair trade practices and defective goods. Key provisions include:

• Section 2(10): Defines “defect” in goods, which covers any fault, imperfection, or shortcoming in the quality, quantity, potency, purity, or standard.
• Section 2(47): Defines “unfair trade practice,” which includes falsely representing that goods are of a particular standard, quality, or grade. Selling a repainted or refurbished car as brand new falls squarely under this.
• Sale of Goods Act, 1930: This law implies certain conditions and warranties in every contract of sale. A key condition is that the goods must be of “merchantable quality.” A new car with significant defects is not of merchantable quality.
• Bharatiya Nyaya Sanhita (BNS), 2023: If it can be proven that the dealer or manufacturer intentionally deceived the customer from the outset to make a wrongful gain, a complaint for cheating under Section 318 of the BNS could potentially be filed, although this is a criminal matter and requires a higher burden of proof.

If you are the complainant

If you find yourself in the position of the aggrieved party, you are the complainant. Your goal is to gather evidence and build a strong case to claim your rights. Here are the steps to follow:

• Issue a Legal Notice: The first formal step is to have a lawyer send a detailed legal notice to both the dealership and the car manufacturer. This notice should clearly state all the defects, the timeline of events, your demands (replacement/refund), and a deadline for them to comply.
• File a Consumer Complaint: If the legal notice is ignored or the response is unsatisfactory, you should file a complaint before the appropriate Consumer Disputes Redressal Commission (District, State, or National, depending on the value of the car).
• Preserve All Evidence: Systematically organize all your documents, photos, videos, emails, and any expert reports. This is the foundation of your case.
• 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 of 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

If you are the victim

As the victim of a defective product and unfair trade practices, the emotional and financial toll can be immense. It is important to remember that the law is on your side, provided you take the right steps.

• Do Not Accept Temporary Fixes for Major Flaws: If the defect is fundamental (like a suspected repaint or structural issue), do not settle for minor repairs. Insist on your right to a replacement or refund as guaranteed under consumer law for a product that is not of acceptable quality.
• Seek Compensation for Harassment: In your consumer complaint, you can claim not only the cost of the product but also compensation for the mental agony, harassment, and financial loss (e.g., travel costs, loss of work) you have endured.
• Use Social Media Responsibly: While sharing your story on social media can create pressure, ensure your posts are factual and avoid defamatory language. Stick to the evidence you have.
• 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 of 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

How the police behave in such cases

Typically, the police are reluctant to intervene in such matters. They view disputes over defective products as civil in nature and will usually direct you to the Consumer Commission. They will state that it is not a criminal offense. However, if you have strong, irrefutable evidence of deliberate fraud and cheating (for instance, proof that the dealer knowingly sold a damaged and repaired car as brand new), you can press for the registration of an FIR under Section 318 of the BNS. This often requires the intervention of a lawyer and may even necessitate approaching a senior police official or the Magistrate’s court under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

FAQs people normally have

What evidence is required?

To build a robust case, you will need:

• The vehicle’s purchase invoice and payment receipts.
• Delivery documents and the vehicle registration certificate.
• All job cards and service records from the dealership detailing the complaints and repairs carried out.
• Photographic and video evidence of the defects.
• All written communication (emails, letters) with the dealer and the manufacturer.
• A report from an independent automobile expert certifying the defects, especially if it’s a repaint or structural issue.
• A copy of the legal notice sent and any reply received.

How long will the investigation take?

The timeline for resolution can vary. The Consumer Protection Act, 2019, aims for speedy disposal of cases, ideally within 3-5 months. However, in practice, the process can take longer. A typical consumer case can take anywhere from 12 to 24 months to reach a final verdict, depending on the complexity of the case, the evidence presented, and the workload of the specific Consumer Commission. Engaging a competent lawyer can help navigate the procedures efficiently and avoid unnecessary delays.

Advocate Sudhir Rao, Supreme Court of India