Electric scooter or car with battery or software problems: consumer remedies

Electric scooters and cars are now common on Coimbatore’s roads, and so are complaints about them: batteries that lose charge or stop working, range far below what was advertised, software that freezes or locks the vehicle, chargers that fail, and long waits at service centres for parts. Because these vehicles are new, buyers are often unsure whether ordinary consumer law applies. It does.

The same law, applied to new problems

The Consumer Protection Act, 2019 treats an electric vehicle like any other goods. A battery, motor, controller or software fault that appears under normal use is a defect if it is a shortcoming in the quality or standard promised by law, by contract or by the trader. Delays and failures at the service centre can be a deficiency in service.

Common EV complaints and how the law sees them

Problem	How it may be framed
Battery fails or loses capacity well within the battery warranty	Defect, and failure to honour the express warranty
Range far below the advertised figure in normal use	Defect, if it falls short of what the trader claimed; and possibly an unfair trade practice for representing performance the vehicle does not have
Software faults, frozen screens, the vehicle locking or shutting down	Defect; repeated failed updates strengthen the case
Months of waiting for parts or repairs	Deficiency in service by the dealer or service provider
Warranty refused for “misuse” or a non-approved charger	Ask for written reasons and the inspection report; dispute them with an expert opinion

Read the battery warranty

The battery is usually the most expensive part, and its warranty is often separate from the vehicle warranty, limited by years and kilometres, and tied to a minimum capacity. Before a dispute, find out:

• the period and distance covered, and the capacity level below which the battery counts as failed;
• whether the warranty passes to a second owner; and
• what the maker says about chargers, software updates and service intervals.

Unreasonable conditions in a standard-form warranty can be challenged as unfair contract terms before the State or National Commission.

Fire, injury and damage to the home

If a defective battery catches fire or causes injury, the owner can bring a product liability claim. Under Section 84, the manufacturer is liable for a manufacturing defect, a design defect, a deviation from specifications, failure to conform to an express warranty, or inadequate instructions or warnings, even if it was not negligent. “Harm” for this purpose includes personal injury and damage to other property, such as the house or other vehicles, and the mental agony that goes with them. Damage to the vehicle itself is claimed as a defect in the ordinary way. A motor insurance claim may also lie, and is a separate matter.

When many owners have the same problem

• Several owners with the same interest can, with the Commission’s permission, file one complaint for all of them.
• A complaint about violations affecting consumers as a class can be sent to the District Collector or to the Central Consumer Protection Authority (Section 17). After an investigation, the Authority can order recall of unsafe goods, reimbursement of their price and discontinuation of unfair practices (Section 20).
• Grievances can also be registered with the National Consumer Helpline (call 1915, or WhatsApp 8800001915).

Evidence specific to EVs

• Screenshots from the vehicle’s app showing battery health, charge levels, range and error messages, with dates.
• Service tickets raised through the app, and the replies.
• The advertisement, brochure or web page that stated the range or battery life.
• Charging records, to answer any allegation of misuse.

Save these as you go, because apps change and old data may disappear.

Common questions