Below is the standardized legal notice structure drafted under Sections 2(10), 2(11), and Chapter VI of the Consumer Protection Act, 2019. It puts the OEM and dealer on strict 15-day notice:
LEGAL NOTICE UNDER SECTIONS 2(10), 2(11), 2(47) & CHAPTER VI OF THE CONSUMER PROTECTION ACT, 2019
REGISTERED SPEED POST WITH A.D. & EMAIL DISPATCH
Date: [DATE OF NOTICE]
TO:
1. [NAME OF EV MANUFACTURER / OEM]
Through its Managing Director / Authorized Representative
Registered Office: [OEM CORPORATE HEADQUARTERS ADDRESS]
Email: [OEM NODAL GRIEVANCE EMAIL]
2. [NAME OF AUTHORIZED DEALERSHIP & SERVICE WORKSHOP]
Through its Dealer Principal / Branch Manager
Address: [LOCAL SERVICE CENTRE WORKSHOP ADDRESS]
SUBJECT: STATUTORY DEMAND FOR IMMEDIATE RESOLUTION OF CHRONIC SERVICE DELAY, RECTIFICATION OF MANUFACTURING DEFECT / FREE BATTERY PACK REPLACEMENT UNDER EXPRESS WARRANTY, AND REIMBURSEMENT OF ACTUAL CONVEYANCE CHARGES IN RESPECT OF ELECTRIC TWO-WHEELER REGISTRATION NO. [VEHICLE REG NO.], CHASSIS NO. [VIN NUMBER].
Sir / Madam,
Under instructions from and on behalf of my client, [CLIENT FULL NAME], residing at [CLIENT COMPLETE ADDRESS], I hereby serve upon you this Statutory Legal Notice:
1. That my client is a bona fide "Consumer" within the meaning of Section 2(7) of the Consumer Protection Act, 2019, having purchased an electric two-wheeler model [VEHICLE MODEL NAME], bearing Chassis No. [CHASSIS NO.] and Battery Serial No. [BATTERY SERIAL NO.] from Noticee No. 2 manufactured by Noticee No. 1 vide Tax Invoice No. [INVOICE NO.] dated [INVOICE DATE] for a total valuable consideration of ₹[TOTAL AMOUNT PAID]/-.
2. That at the time of purchase, Noticee No. 1 and 2 expressly represented that the vehicle was covered by a comprehensive warranty of [X] years, and an explicit traction battery warranty of [3 / 8] years or [50,000 / 80,000] kilometers, guaranteeing capacity retention of not less than [70% / 80%] State of Health (SOH) under standard driving conditions.
3. That within the active warranty period, on [DATE OF FAULT], the vehicle developed severe defects, specifically [DESCRIBE FAULT: E.G., ABNORMAL BATTERY DRAIN FROM 100% TO 20% WITHIN 30 KM / SUDDEN SHUTDOWN DURING RUNNING SPEED / FAILURE TO INITIATE CHARGING]. My client deposited the vehicle at Noticee No. 2's workshop on [DATE OF DEPOSIT], for which Job Card No. [JOB CARD NUMBER] was issued.
4. That despite the lapse of [NUMBER OF DAYS, E.G., 35] calendar days, Noticees have failed to repair the vehicle, replace the defective battery pack, or provide any verifiable completion date, arbitrarily citing non-availability of spare components. Noticees have further failed to provide a courtesy mobility vehicle or travel allowance, forcing my client to incur daily conveyance expenses of ₹[DAILY CAB COST]/- per day, totaling ₹[TOTAL CAB AMOUNT]/- to date.
5. That Noticees' arbitrary conduct, failure to maintain requisite spare parts inventories, and wrongful refusal of warranty replacement constitutes gross "Deficiency in Service" under Section 2(11), marketing defective goods under Section 2(10), and strict product liability under Section 84 of the Consumer Protection Act, 2019.
THEREFORE, I HEREBY CALL UPON YOU, THE NOTICEES, TO COMPLY WITH THE FOLLOWING DEMANDS WITHIN FIFTEEN (15) CALENDAR DAYS OF RECEIPT OF THIS NOTICE:
a. Immediately complete the repair of the said vehicle and deliver it in flawless roadworthy condition with a brand-new, factory-sealed battery pack carrying fresh warranty; OR in the alternative, refund the full purchase price of ₹[TOTAL AMOUNT PAID]/- with 12% interest per annum;
b. Reimburse the actual conveyance expenditure of ₹[TOTAL CAB AMOUNT]/- incurred by my client during the detention period;
c. Pay a sum of ₹50,000/- towards damages for mental agony, severe harassment, and professional inconvenience;
d. Pay a sum of ₹11,000/- towards legal drafting and notice charges.
TAKE NOTICE that should you fail to comply within 15 calendar days, my client has given me peremptory instructions to initiate appropriate legal proceedings before the competent District Consumer Disputes Redressal Commission (DCDRC) under Section 35 of the Consumer Protection Act, 2019, as well as file formal regulatory complaints with the Central Consumer Protection Authority (CCPA), holding you jointly and severally liable for all consequential costs, interest, and punitive damages.
A copy of this notice is retained in my chamber records for production before the court.
[ADVOCATE NAME & ENROLMENT NUMBER]
Advocate, High Court / District Bar Association
