My new car has recurring defects despite multiple service visits. What can I claim?

Question

My new car has broken down three times in six months despite being serviced each time. Can I demand a replacement or refund? I would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Consumer Protection Act 2019, Section 2(11) is the starting point for this consumer law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

A vehicle with recurring manufacturing defects despite repeated repairs indicates a manufacturing defect actionable under Section 84's product liability provisions.

Under Section 39, if goods suffer from a defect that cannot be remedied, the Commission can direct replacement or refund with compensation.

Sale of Goods Act principles on implied condition of merchantable quality and fitness for purpose under Section 16 support a claim where the vehicle is not fit for ordinary use.

Service history logs showing the same complaint repeated across visits are the strongest evidence of an inherent, unrectified defect.

Consumer Commissions have ordered full replacement of the vehicle, or refund of the price with interest, in cases of repeated and unrectified major defects.

What this means for you: 1) Maintain every job card and service invoice showing the recurring complaint and dates; 2) Get a written admission, if possible, from the service centre about the recurring nature of the fault; 3) Send a legal notice to the manufacturer and dealer demanding replacement or refund; 4) File a consumer complaint before the appropriate Commission if the demand is refused.

Where the facts are disputed, what usually decides a defective vehicle consumer complaint matter is the paper trail — dated complaints, acknowledgments and written replies under Consumer Protection Act 2019, Section 2(11). You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in consumer law.