GaadiKey

Every new and used car purchased through the relevant vehicle sales agreement contains warranties about the mechanical soundness, road worthiness and performance capabilities of the vehicle amongst others. These agreements also list the circumstances in which such warranties could be limited or denied to the owner, for example for damage to the vehicle which results from negligent use, improper operation and improper or unauthorised repair, lack of or improper maintenance, environmental influences, flood, accident etc. Owners are also provided with detailed user manuals on proper car use and maintenance, failure to adhere to which also, such manufacturers deny or limit their liability for an alleged breach of vehicle warranty. However where negligence or misuse of the vehicle is denied and the manufacturer’s assurances and warranties fail the owner post-sale, what are the options left to the suffering car buying consumer. The Consumer Protection Act, 1986 In addition to other possible civil law remedies, the Consumer Protection Act, 1986 (the Act) through the appropriate Consumer Dispute Redressal Agency (District Forum, State Commission or National Commission depending on appropriate jurisdiction set by location of cause of action, claim amount etc.) may provide some ready and efficient solutions to the consumer for such paid-for defective goods and/or deficient services and possibly restrictive and unfair trade practices for any false or misleading statements, warranties and assurances. The Act defines key words like “defect”, “deficiency”, “service” and “unfair trade practices”. These cover matters like any fault, imperfection or shortcoming in the quality, quantity, potency, purity, nature or standard of goods and manner or time for performance of services (required by law or implied/express terms of a contract or as represented). Further, “unfair trade practice” has been defined to include misleading and false statements, representations and warranties and other unfair methods or deceptive practices on the public and consumer for the purpose of promoting the sale, use or supply of any goods or for the provision of any service. Complaint and Procedure The consumer who has acquired or is authorised to make use of such paid-for goods and services for non-commercial and private use purposes, may through a complaint in writing along with supporting documents and affidavits (if required) evidencing defective goods and/or deficient services and/or unfair trade practices can file after payment of prescribed court fees, the written complaint against the seller, trader, manufacturer...