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 have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

My new car has recurring defects despite multiple service visits. What can I claim? is governed in India primarily by Consumer Protection Act 2019, Section 2(11), Consumer Protection Act 2019, Section 84 and Sale of Goods Act 1930, Section 16. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

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 to do next: 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.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Consumer Protection Act 2019, Section 2(11) carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. 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 this practice area.