Received Faulty EV from company and dealership Received Faulty EV from company and dealership

5 months ago

Bought a 4 wheeler EV on loan from a prominent Indian company, immediately after taking out of dealership(doing vehicle puja), observed inside broken rear view mirror and Faulty AC. Raised the issue to dealership, they tried to resolve the issue by repairing a newly manufactured vehicle. Wouldn't the company and dealership be liable to provide me another new car of same model(as the existing newly out of plant vehicle is having issues and what other issues may develop later) and liable for a compensation for the time, resources spent on a product which I am unable to utilize.

Legal Counsel Vidhikarya

Responded 5 months ago

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A.Dear Client,
When you bought the car from the company's authorized dealer and on detection of multiple post-sale defects in the product you brought the matter to the notice of the Dealer while the product was under the coverage of warranty, then failure on the part of the Dealer/ service center to repair/replace the defects on multiple occasions, then it is amounted to deficiency in service on the part of the Dealer/service center appears to be unfair and unjust that also amounted to unfair trade practice. So, on detection of defects in the product, it is termed and defined as "Product Liability" under Sec.2(34) of the Consumer Protection Act, 2019 which means the responsibility of a product manufacturer or product seller, to compensate for any harm caused to the consumer by such defective product manufactured or sold or for a deficiency in services relating thereto. So, as a Consumer, you can file a complaint u/s.35 of CPA, 2019 against the Seller, including the manufacturer and service center for deficiency in service and unfair trade practice before the Dist. Consumer Commission claiming refund of the entire value/cost of the defective product or replacement of the defective product with a new one along with compensation for harassment and cost of litigation. The complaint needs to be filed before the Dist. Consumer Commission within TWO YEARS from the date of cause of action.
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Anik

Responded 5 months ago

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A.Dear Client
Check the warranty provided by the company for the electric vehicle (EV). Most new vehicles come with a manufacturer's warranty that covers certain defects or issues within a specified period. Review the warranty terms to understand your rights. Consumer protection laws in India may provide certain rights and remedies to consumers in case of defective products. Familiarize yourself with the applicable laws, such as the Consumer Protection Act, to understand your rights. Review the terms and conditions of the purchase agreement you entered into with the dealership and the company. It may outline the procedures and remedies available in case of defects or issues with the vehicle. Ensure that you have formally notified both the dealership and the company about the issues you've encountered with the newly purchased EV. Written communication is often important for record-keeping and potential legal action.
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