File a Complaint Against an Automobile in India

Buying a car is often a dream come true, but it can quickly turn into a nightmare when unexpected problems arise. From hidden manufacturing defects and poor after-sales service to misleading promises by dealers, consumers sometimes face frustrating experiences. Thankfully, Indian law protects car buyers under the Consumer Protection Act, 2019, ensuring you have the right to raise your voice and seek justice. Whether it’s demanding proper repairs, fair compensation, or even a refund, you can hold manufacturers and dealers accountable for their actions. In this blog, you will learn how to file a complaint against an automobile in India.

Reasons to File a Complaint Against an Automobile in India

Here are the reasons to file a complaint against an automobile in India:

1. Persisting Manufacturing Defects: If your new or used car consistently breaks down, especially due to deep-rooted engine or gearbox issues despite repeated repairs, you may have grounds for a complaint. Consumer forums often recognise serious or irreparable defects as manufacturing defects. A recent ruling ordered a carmaker to refund a faulty engine purchase.
2. Poor Warranty Service or Delayed Repairs: When a car under warranty isn’t repaired on time or gets repeatedly returned with the same issue, it shows a service deficiency. In one case, a South Indian court awarded Rs 1.5 lakh because the car stayed unrepaired under warranty for weeks.
3. Hidden or Misleading Dealer Promises: Dealers or manufacturers who promise perks like free services or discounts and fail to honour them can face consumer action. One person won Rs 5 lakh after the dealer quietly cancelled a promised service discount.
4. Repeated Breakdowns That Harm Livelihood: Frequent technical failures can hurt your income, especially for cab or delivery drivers. In such cases, compensation includes a refund plus losses suffered, as seen in a Tata Magic case.
5. Safety or Steering Flaws: If your vehicle makes strange sounds (like steering creaks) or has structural issues causing danger, it may count as a safety defect. Forums have backed customers in such claims.
6. Service Centre Negligence: Serious mistakes, such as misuse of your car while servicing or issuing fake traffic fines, also justify complaints. A scooter owner received Rs 2 lakh for rights violation by the service provider.
7. Non Delivery or Undue Delay in Delivery: If you fully pay for a car and never receive it, or wait years, consumer courts have ordered full refunds plus compensation. One customer received Rs 15 lakh after a six-year delay in receiving a Maruti vehicle.

Eligibility Criteria to File a Complaint Against an Automobile

Let us discuss the eligibility criteria to file a complaint against an automobile:

1. You Must Be a ‘Consumer’

Only individuals who bought an automobile for personal or business use, and paid for goods or services can file a complaint under the Consumer Protection Act 2019. This also includes legal heirs, consumer groups, and government bodies.

2. Grievance Must Involve Defect or Service Deficiency

Complaints qualify when they involve defective parts, manufacturing issues, misleading advertisements, substandard repairs, overcharging, or unfair trade practices.

3. Complaint Must Be Within Two Years

You must file within two years from when the defect appeared or when poor service was received. In special cases, a court may accept a later complaint if there was a valid delay.

4. Correct Monetary & Territorial Forum

• File in the district, state, or national consumer forum based on the claim amount (up to Rs 1 crore,  Rs 1–10 crore, and above Rs 10 crore, respectively).
• File where you live, where the dealer operates, or where the issue occurred.

5. Document Your Claim Properly

Your complaint must include:

• Purchase documents (invoice, warranty, RC copy)
• Repair history and bills
• Photos/videos of defects
• Communication records with dealer/manufacturer

These documents support your claim and boost your case strength.

6. No Lawyer Required—But You Can Use One

You can file personally or appoint an agent or lawyer. Most consumer forums welcome self-representation, and the process is designed to be simple and approachable.

7. Attempt to Resolve with Dealer First

Before approaching the forum or ODR, you should reach out to the dealer or manufacturer to resolve the issue (via emails, calls, or grievance channels). This step is strongly recommended and sometimes required.

File a Complaint Against an Automobile in India

Filing a complaint when your car disappoints isn’t just about venting, as it’s your right under the Consumer Protection Act, 2019. Whether you’ve faced persistent defects, poor service, misleading promises, or unfair charges, here's how to easily raise your voice and seek justice:

Step 1: Gather Strong Evidence

The foundation of a successful complaint is well-documented proof:

• Keep your purchase invoice, warranty papers, and registration certificate
• Collect repair bills and service records from the dealership or garage
• Take photos or videos of any defects—like engine trouble, paint damage, or faulty parts
• Save phone recordings, emails, or chat logs with customer support
• Keep any written complaint references or service booking numbers

Strong evidence speeds up resolution and boosts your chance of success

Step 2: Complain via Official Channels

You must approach the dealership or manufacturer first:

• Contact the brand helpline or your local service centre in person
• Provide clear details, like your name, car model, VIN or registration number, dealership location, and purchase date
• Attach supporting proof: photos, invoices, communications
• Always ask for a reference or complaint number to track progress

Most issues are resolved within a few weeks via these channels

Step 3: Track, Follow Up & Escalate

After filing, monitor the response closely:

• Use the reference number to check status online or through calls
• Send gentle reminders via email or message if there's no update
• Log all your interactions and follow-up dates

If the issue remains unresolved, say, engine faults persist, repairs fail, or billing remains unfair, you can escalate your case. The law advises attempting resolution with the dealer first before filing a formal complaint. Online Dispute Resolution (ODR) platforms like Online Legal India offer fast, paperless mediation options, too.

Why Consumers Choose ODR for Automobile Complaints?

The following details include why consumers choose ODR for automobile complaints:
Filing a complaint the traditional way, through consumer courts, can be slow, expensive, and stressful. That’s why many car owners now prefer Online Dispute Resolution (ODR) when tackling issues like factory defects, delayed repairs, unfair maintenance charges, or misleading dealer promises. Here’s why ODR is becoming the top choice:

• Speed and Efficiency: Traditional court cases can drag on for months or even years. ODR, on the other hand, resolves genuine car-related issues in just a few weeks, helping you get justice quickly and without unnecessary delays
• Convenience and Accessibility: All ODR processes, like filing documents, sharing evidence, and attending hearings—happen online. You can manage your case from anywhere, which is great for busy professionals or those who can’t visit service centres or consumer courts
• Save Money—No Court Fees or Lawyers: ODR often costs much less, with no need for legal representation. It cuts court fees, travel costs, and lawyer charges, making it a pocket-friendly option for straightforward car disputes
• Privacy and Less Stress: Unlike public court hearings, ODR maintains your privacy. Cases can be discussed discreetly in a secure online setting, making it easier to talk about sensitive issues like engine defects, dealership negligence, billing errors, or warranty conflicts.
• Customised Resolution: ODR platforms use flexible methods, like mediation, negotiation, or arbitration, to find fair solutions. Whether you need a partial refund, free service, or compensation, neutral experts help shape agreements that suit both parties.
• Reduces Pressure on Courts: By resolving simple disputes online, ODR reduces the burden on India’s overloaded courts, helping speed up justice for all.

Understanding ODR in Filing a Complaint Against an Automobile

Buying a car is a big decision, and if issues like defects, service delays, warranty denial, or unfair charges arise, it’s especially stressful. Fortunately, Online Dispute Resolution (ODR) offers a legal, fast, and cost-effective way to handle these problems without stepping into court.

What is ODR and why does it matter?

ODR is a digital system under India’s Consumer Protection Act, 2019, the Arbitration & Conciliation Act, 1996, and the IT Act, 2000. It covers mediation, negotiation, and arbitration, letting you resolve disputes like delivery delays, defects, overcharges, and warranty issues—all from your home. ODR saves time, money, and stress, it’s meant to be faster and cheaper than traditional consumer court processes

Step 1: Prepare your documents

Gather all supporting evidence to build a strong case:

• Car purchase invoice, insurance, and warranty papers
• Service and repair history from the dealership
• Photos or videos showing defects
• Email/chat records or call logs with dealer or manufacturer
• Previous complaint or reference numbers

A well-organised file speeds up your case.

Step 2:  Submit your complaint online

You can file your complaint via:

• National Consumer Helpline (NCH): Register on the portal, fill in details, upload documents, and track the complaint status
• State/National Consumer Commission portals: File directly online, submit payment, and get a complaint number

After submission, your case may be set for mediation.

Step 3:  Mediation - quick and friendly

Mediation is often the first step, and here’s how it works:

• A neutral mediator helps you and the dealer discuss issues and find a mutual solution

• Mediation must start within 30 days of filing under Section 74 of the Consumer Protection Act
• It’s suitable for delayed delivery, poor service, or warranty refusals
• If you settle, you might get repairs, replacement parts, refunds, or compensation

Mediation is free or low-cost. If no agreement is reached, the matter progresses.

Step 4: Negotiation - informal but effective

For smaller issues, like minor billing errors, overcharges, or spare-part delays, you can:

• Negotiate directly with the dealer via the platform
• Get your issue resolved swiftly, without needing formal mediation
• It’s your chance to peacefully sort out small grievances.

Step 5: Arbitration - the final step

If mediation and negotiation don’t work, arbitration kicks in:

• An impartial arbitrator reviews your evidence and arguments
• Their ruling is legally binding under the Arbitration & Conciliation Act
• The award is enforceable just like a court order

Arbitration provides a clear, final resolution.

The Consumer Protection Act, 2019 supports e-filing and online sessions. ODR helps reduce the backlog in consumer courts and speeds up outcomes

Owning a car should bring freedom, not frustration. If you’re facing defects, delays, or unfair service, don’t stay silent. India’s Consumer Protection Act, 2019 and Online Dispute Resolution (ODR) give you a quick, affordable, and legally valid way to fight for justice. From simple mediation to binding arbitration, you can resolve issues without stepping into a courtroom. This article provided you with detailed information on how to file a complaint against an automobile in India. To get support from professional experts in filing an ODR complaint, contact Online Legal India.

FAQ

1. When can I file a complaint against an automobile in India?

You can file a complaint if your car has manufacturing defects, delayed delivery, warranty denial, poor service, hidden charges, or misleading promises. Under the Consumer Protection Act, 2019, you have the right to demand repairs, refunds, or compensation.

2. Where can I file a complaint against an automobile in India?

You can first complain to the dealer or manufacturer. If they don’t resolve it, you can file online through the National Consumer Helpline or trusted Online Dispute Resolution (ODR) platforms.

3. Do I need a lawyer to file a complaint about my car?

No! Most automobile complaints can be filed personally, without a lawyer. ODR platforms and consumer forums are designed to be simple, quick, and affordable. You can still hire a lawyer if the case is complex.

4. How long do I have to file a complaint about my car?

You should file the complaint within two years of facing the issue, as per the Consumer Protection Act. In special cases, a delay may be accepted if you have a valid reason.

5. Why use Online Dispute Resolution for car complaints?

ODR is faster, cheaper, and stress-free compared to traditional courts. You can submit documents, attend mediation, and get solutions online, saving time and money while still getting a legally valid decision.