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

Mr. Ajay, a dedicated physical trainer, has been a proud owner of his Apex Dominator 300 motorcycle for nearly a decade. His loyalty to the brand, however, has been severely tested by the consistently poor service from the authorized Vortex Motors Service Center in Ramanagar. For years, he faced issues like shoddy workmanship, being pushed to buy unnecessary parts, and inflated bills. The latest incident, however, has crossed the line from poor service to a life-threatening hazard.

He recently took his motorcycle to the Ramanagar service center to fix an overheating problem. When he got the bike back, the service was supposedly done, but he immediately noticed a new and dangerous issue: the gear lever and its entire assembly were alarmingly loose. Within just two days of riding, shifting gears became incredibly difficult. A mechanic at a local garage pointed out that a crucial part was precariously held in place by a mere rubber component. Mr. Ajay had to pay out of his own pocket to have it replaced.

Shockingly, after this “fix,” another severe problem emerged. The motorcycle refused to shift into first gear. When he returned to the Vortex service center, he was met with conflicting and unhelpful responses. One mechanic casually told him to “move the bike back and forth to engage the gear.” Another admitted that the entire gear assembly was now unstable and needed a full replacement—a problem that never existed before he brought the bike in for the initial cooling issue. A third mechanic performed a “temporary” tightening and told him to return later for a full replacement, effectively washing his hands of the immediate danger.

To make matters worse, the service center returned the motorcycle to him in this unfixed, dangerous condition, claiming they were closing for the day. Now, Mr. Ajay is forced to commute 50 kilometers daily on a motorcycle with a faulty gear system, putting his life at risk with every ride. This stands in stark contrast to his experiences with the Vortex Motors center in Shantinagar, where the manager, Mr. Sameer, has consistently provided excellent service, proving that quality workmanship is possible within the same brand.

Despite sending multiple emails detailing this severe safety lapse to the parent companies, Vortex Motors and Zenith Automobiles, Mr. Ajay has received no response. This is no longer a simple customer service complaint; it is a grave matter of public safety caused by gross negligence.

Advice in such cases

When a service center’s negligence leads to a safety-critical failure, it is a serious breach of their duty of care. You have legal recourse under consumer protection laws and, in some cases, criminal law.

• Document Everything: Keep all records, including service job cards, invoices, payment receipts, and any written communication. Take clear photos and videos of the faulty parts and the problems you are experiencing.
• Get an Independent Assessment: Take your vehicle to a different, reputable mechanic for an independent evaluation. Get a written report detailing the defects, the cause, and the estimated cost of repair. This will serve as crucial expert evidence.
• Send a Formal Legal Notice: A legal notice drafted by a lawyer is the first formal step. It outlines your grievance, the relief you are seeking (repair, replacement, or compensation), and the legal action you will take if your demands are not met.
• File a Consumer Complaint: If the company does not respond satisfactorily to the legal notice, you can file a complaint with the District Consumer Disputes Redressal Commission for deficiency in service and unfair trade practices.
• 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

The primary legal frameworks applicable here are:

• The Consumer Protection Act, 2019: This Act protects you against “deficiency in service” and “unfair trade practices.” A service that creates a safety hazard is a clear case of deficiency. You can seek compensation for the repair costs, mental agony, and any other damages incurred.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If the negligence is so severe that it endangers human life, criminal charges can be considered. Section 117 of the BNS deals with acts endangering the life or personal safety of others. Returning a vehicle with a critical safety defect knowingly could fall under this section.

If you are the complainant

If you are helping a friend or family member in this situation, your role is to provide support and help them navigate the process systematically.

• Help Organize Evidence: Assist the victim in collecting and organizing all necessary documents, photos, and videos. Create a clear timeline of events.
• Accompany the Victim: Go with them to the independent mechanic or to the lawyer’s office. Being a second pair of ears can be very helpful.
• Act as a Witness: If you have witnessed the defect or the interactions with the service center, your statement can be valuable evidence.
• 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

If you are the one with the defective vehicle, your safety is the top priority.

• Stop Using the Vehicle: Immediately stop riding the motorcycle. Continuing to use it not only puts you in danger but could also be used against you to argue contributory negligence.
• Preserve the Evidence: Do not attempt to fix the issue yourself after documenting it. The vehicle in its defective state is your primary piece of evidence.
• Follow Legal Advice: Engage a lawyer who specializes in consumer or personal injury law. They will guide you on the best course of action.
• 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

Initially, the police might direct you to the consumer court, viewing it as a civil dispute. However, you should emphasize that the service center’s actions constitute criminal negligence that has endangered your life. If you present a clear case, especially with a lawyer’s assistance, they are obligated to register a First Information Report (FIR) under relevant sections of the Bharatiya Nyaya Sanhita (BNS), such as Section 117. An investigation would then commence, which may involve seizing the vehicle for technical inspection by an expert.

FAQs people normally have

Can I sue the parent company (Vortex Motors and Zenith Automobiles) as well?

Yes. The parent company is responsible for the conduct and quality standards of its authorized service centers. They can be made a party to both consumer complaints and legal notices for failing to ensure proper service and for ignoring your communications.

What compensation can I claim?

You can claim compensation for the cost of repairs, the cost of an independent expert report, compensation for mental harassment and agony, litigation costs, and punitive damages for the company’s reckless behavior.

What evidence is required?

The stronger your evidence, the better your chances of success. Key pieces of evidence include:

• All service records, job cards, and invoices from the negligent service center.
• Photographs and videos clearly showing the defect.
• A detailed written report from an independent, certified mechanic.
• Copies of all emails, letters, and communication sent to the service center and the parent companies.
• Statements from any witnesses.

How long will the investigation take?

A consumer court case typically takes anywhere from 6 months to 2 years to reach a resolution, depending on the complexity and the workload of the commission. A police investigation under the BNSS (Bharatiya Nagarik Suraksha Sanhita) will have its own timeline, but a well-documented complaint can expedite the process. Sending a strong legal notice often prompts a quicker settlement from the company to avoid litigation.

Advocate Sudhir Rao, Supreme Court of India