• Consumer rights when sold a new vehicle that is faulty

Hello not really sure if my problem falls under Constitutional Law, if it doesn't then I am really sorry, please tell me which is the right category to post my Consumer Rights question

Here is the question:-
I wish to inquire about Consumer Rights when it comes to purchasing a new car or motorcycle, my question is if I buy a brand new car/bike and it turns out to be faulty then do I have the right to reject that vehicle and either ask for a replacement or refund

The thing is I bought a new Royal Enfield bike 1 1/2 years back and it was faulty from day 1, I complained about it as soon as I got it out of the showroom(took the delivery), but I was told that I cannot ask for a replacement or refund but rather they will fix the problem, now the warranty has expired but the problem is still there, the problem is in Gear Box shifting so its not some minor issue but a major issue as gears don't change properly and could result in an accident

So would really like to understand did I made a mistake by not filling a legal complaint against Royal Enfield for giving me a faulty bike? I really wish to understand my rights so that the same thing doesn't happen to me again in future, this was my first ever vehicle and the experience has been really really bad, I am now really scared to buy a second vehicle may that be car or bike

Thank you for taking time to read my problem
Asked 7 months ago in Constitutional Law from Mumbai, Maharashtra
1) if bike purchased is defective company has to rectify defect within the warranty period 

2) in your case company is liable to rectify defect in gear box during warranty period

3) on expiry of warranty period company will not rectify the defect free of cost . 

4) if product suffers from manufacturing  defect move consumer forum against company to direct company to replace the gear box  .
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
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I wish to inquire about Consumer Rights when it comes to purchasing a new car or motorcycle, my question is if I buy a brand new car/bike and it turns out to be faulty then do I have the right to reject that vehicle and either ask for a replacement or refund

The warranty and guarantee conditions will support youir views







The thing is I bought a new Royal Enfield bike 1 1/2 years back and it was faulty from day 1, I complained about it as soon as I got it out of the showroom(took the delivery), but I was told that I cannot ask for a replacement or refund but rather they will fix the problem, now the warranty has expired but the problem is still there, the problem is in Gear Box shifting so its not some minor issue but a major issue as gears don't change properly and could result in an accident

Within the warranty period you should have brought the issue to notice of the dealer and dragged them to the consumer forum.
Somebody's irresponsible reply should not have made you keep quite about the issue then, however you look for some options by first issuing a legal notice to the dealer about this and seek replacement or refund or repairs at free of cost.






So would really like to understand did I made a mistake by not filling a legal complaint against Royal Enfield for giving me a faulty bike? I really wish to understand my rights so that the same thing doesn't happen to me again in future, this was my first ever vehicle and the experience has been really really bad, I am now really scared to buy a second vehicle may that be car or bike

You had an opportunity to book the company before the consumer forum for relief and remedy however even now try to get some relief by sending a legal notice and wait for the developments. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
1. Your bike is having a manufacturing defect which youbreported on the fist day of its purchase,

2. Hope you have lodged your written complaint to the dealer and also the manufacturer and they have not yet settled he issue,

3. You should nor file a complaint case within 2 years of purchasing the bike before your local Disrict Consumer Dispute Redressal Forum with evidence alleging deficiencyb in service and unfair business practice claiming refund of the entire amount paid with interest or replacement of the bike with damage and cost,

4. Engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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The right category is Consumer Law. Be that as it may, your case is that of a deficiency in service by the company. You are late by 1.5 years in going to court. It seems that the product is faulty, which should be replaced. You have only 6 more months left now to knock at the doors of consumer forum, failing which your remedy will be time barred. Go to consumer forum to claim the replacement of the vehicle and also compensation for mental agony that you have suffered,
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
If you have bought a new vehicle and from the time of delivery if the vehicle was faulty from day 1 then how many times have you complained to the manufacturer, gotten the vehicle serviced so that the problem could be fixed, if you have done this and despite your best efforts the problem could not be fixed, then the manufacturer is at fault and you can file a consumer complaint against him and the dealer who sold the vehicle to you, before the consumer court.
In this complaint you can ask for restoration of your fault or alternatively if that cannot be fixed then ask for exchange of the bike with a new vehicle, if this is also not possible then you can ask for complete refund of the amount paid by you together with court costs as well.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
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In Mahindra & Mahindra Co. Ltd., vs Prashant Bibhishan Salunke CDC 2014, it is held by the state consumer forum that when vehicle is faulty immediately after purchase the vehicle..............revealed from the record that vehicle could not repair up to mark by the appellant........................In our view this itself is evidence regarding manufacturing defect in the vehicle. Since the day of purchase if new vehicle started troubles is itself causing harassment........................directed appellant to replace old vehicle to new one........... or pay price of the vehicle of Rs.5,33,000/- which was paid at the time of purchase of vehicle......@ 6% interest. 

you should file a case before the consumer forum. above decision will help you better.  
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0

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