Legal safeguards for customers facing defects in EVs-Electric Vehicles

In India, customers who purchase Electric Vehicles (EVs) are protected under various legal provisions that safeguard their rights in case they face defects or issues with the vehicle. These legal protections are particularly significant in the growing EV sector, where technological advancements can sometimes result in defects. Here’s a detailed overview of the legal safeguards available for customers facing defects in Electric Vehicles and the procedure to file a complaint:

1. Consumer Protection Act, 2019

The Consumer Protection Act, 2019 provides an extensive legal framework to safeguard the interests of consumers, including those who purchase EVs. Under this law, customers who face defects in Electric Vehicles have the following rights:

Key Provisions:

  • Right to File a Complaint for Defects in Goods: If a customer buys an EV that is defective, they can file a complaint under the Consumer Protection Act. A “defect” in goods is defined as any fault, imperfection, or shortcoming in the quality, quantity, potency, purity, or standard, as required by law or the contract.
  • Product Liability: The concept of product liability is introduced under the Consumer Protection Act, 2019. It allows customers to claim compensation for harm caused due to a defective EV. The liability can be imposed on the manufacturer, seller, or service provider.
  • Right to Seek Redressal for Unfair Trade Practices: If the EV manufacturer or dealer makes false claims about the vehicle or engages in unfair trade practices (such as misleading advertisements), the customer can file a complaint.
  • Right to Replacement or Refund: If the defect in the EV is proven, the customer can seek remedies such as replacement, repair, or a refund of the purchase amount.

Remedies Available:

  • Replacement of the Defective EV
  • Refund of the Purchase Price
  • Repair of the Defective EV
  • Compensation for the Loss or Injury

2. Motor Vehicles Act, 1988

The Motor Vehicles Act, 1988 also provides certain protections for EV owners. Under this act, vehicle manufacturers must meet specific safety and environmental standards. If a defect in the EV is due to the failure of the manufacturer to meet these standards, legal action can be taken against the manufacturer for negligence.

3. Bureau of Indian Standards (BIS)

The Bureau of Indian Standards (BIS) is responsible for ensuring that products, including EVs, meet quality and safety standards. If an EV does not meet the prescribed standards, customers can file a complaint with BIS for non-compliance, which may lead to action against the manufacturer.

4. Legal Recourse for Defects in EVs

Customers who experience defects in their Electric Vehicles can follow the following legal recourse:

Step-by-Step Procedure to File a Complaint

  1. Lodge a Complaint with the Dealer/Manufacturer:
    • Before approaching legal authorities, customers should first lodge a complaint with the EV dealer or manufacturer. Many manufacturers offer a warranty for defects, and the defect might be resolved through repairs or a replacement.
  2. Send a Legal Notice:
    • If the dealer or manufacturer does not provide a satisfactory resolution, the customer can send a legal notice demanding resolution, such as repair, replacement, or refund.
  3. File a Complaint with Consumer Commission:
    • If the manufacturer or dealer fails to respond or resolve the issue, the customer can file a complaint before the appropriate Consumer Dispute Redressal Commission.
    Jurisdiction:
    • The complaint should be filed before:
      • District Consumer Disputes Redressal Commission: If the claim amount is up to ₹1 crore.
      • State Consumer Disputes Redressal Commission: If the claim amount is between ₹1 crore and ₹10 crore.
      • National Consumer Disputes Redressal Commission: If the claim exceeds ₹10 crore.
  4. Documents Required for Filing a Complaint:
    • Purchase Invoice of the EV
    • Warranty/Guarantee Card
    • Service Records and Bills
    • Complaint/Communication with Dealer/Manufacturer
    • Photographs, Videos, or any other evidence proving the defect
    • Legal Notice Copy (if sent)
    • ID Proof of the Complainant
  5. Drafting the Complaint:
    • The complaint should be drafted clearly, stating the facts, the defect in the vehicle, and the relief sought (refund, replacement, or compensation). Supporting documents must be attached.
  6. Filing the Complaint:
    • The complaint can be filed physically or through the E-Daakhil Portal (online filing portal) for consumer complaints. Once the complaint is filed, the Consumer Commission will issue a notice to the opposite party (dealer/manufacturer) and proceed with the case.
  7. Appearances and Hearings:
    • The complainant (or their lawyer) will need to appear before the Consumer Commission on the scheduled hearing dates. The commission will hear both sides and, based on the evidence, will issue a judgment.
  8. Relief Granted:
    • If the Consumer Commission finds that the EV is indeed defective, it may order the manufacturer or dealer to:
      • Repair or replace the defective EV.
      • Refund the purchase price of the vehicle.
      • Pay compensation for mental agony, inconvenience, or financial loss caused by the defective EV.

5. The Role of Warranty and After-Sales Service

Most EV manufacturers provide warranties that cover certain defects for a specified period. Customers should carefully check the warranty terms to ensure their claim is covered. If the manufacturer fails to repair or replace the vehicle as per the warranty, the customer can still file a legal complaint under the Consumer Protection Act.

6. Product Recall

If an Electric Vehicle has a manufacturing defect that poses a threat to public safety, the manufacturer may be forced to recall the product. Regulatory bodies like the Ministry of Road Transport and Highways (MoRTH) can direct manufacturers to recall vehicles under certain circumstances. Customers affected by such a recall are entitled to a replacement or compensation.

7. FAQs on Filing Complaints Against Defective EVs

Q1. What is the time limit to file a consumer complaint regarding a defective EV?
Customers must file a complaint within two years from the date they first discovered the defect in the EV.

Q2. Can I file a complaint online for a defective EV?
Yes, you can file a complaint online through the E-Daakhil portal for consumer disputes.

Q3. Can I claim compensation for mental agony if my EV is defective?
Yes, under the Consumer Protection Act, you can claim compensation for the mental agony, inconvenience, or any financial losses caused due to the defect in the EV.

Q4. What if the defect in my EV causes an accident?
If the defect in your EV causes harm or injury, you may file a product liability claim and seek compensation for any personal injury or damage caused by the defective EV.

Conclusion

In India, legal safeguards for customers facing defects in Electric Vehicles (EVs) are well established under the Consumer Protection Act, 2019, and other related laws. Customers can seek redressal through repair, replacement, or compensation by following the appropriate legal process, including filing a consumer complaint. Whether it’s a minor defect or a serious issue, the law provides mechanisms to hold manufacturers and dealers accountable, ensuring that consumers’ rights are protected.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.


Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304


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