Unhappy over Mahindra service, Thar Roxx owner moves Kerala HC for separate law on vehicle servicing, sales

A Public Interest Litigation (PIL) petition was filed before the Kerala High Court on May 12 seeking the enactment of a separate law to regulate vehicle sales, servicing and maintenance in the State, after a vehicle owner alleged serious deficiencies in service at an authorised service Centre. [TGN Kumar v State of Kerala & ors]

The plea was filed by a vehicle owner alleged that he faced serious deficiencies in service at an authorised Mahindra service centre

A Vacation Bench comprising Justice A Badharudeen and Justice Muralee Krishna S issued notice to the Chief Executive Officer of the Mahindra service centre at Maradu and Mahindra's Mumbai Head Office and sought their response to the plea.

The PIL was filed by Kochi native TGN Kumar, owner of a newly purchased top-variant Mahindra Thar Roxx.

In his plea, Kumar alleged that he faced repeated issues after entrusting his vehicle to the Vayalat Mahindra Service Centre at Maradu over a persistent noise from the front door.

According to the petition, the service rendered by the centre was negligent and far below expectations and it was alleged that there was lack of proper diagnosis, technical competence and adherence to service protocols.

"Further, the conduct and attitude of the staff at Respondent No. 4 service centre were highly unprofessional, indifferent, and discourteous. Despite repeated requests and follow-ups by the Petitioner, no satisfactory response or meaningful assistance was extended," the petition said.

Kumar claimed that he was even compelled to contact the General Manager personally but no effective assistance was extended.

The petitioner stated that the existing legal framework is inadequate to regulate manufacturers and authorised service centres, leaving vehicle owners vulnerable to exploitation.

He added that there is an urgent need for a dedicated law to deal with the issue.

Therefore, the petitioner proposed enactment of the Kerala Motor Vehicles Sales and Services Regulation Act and Rules to ensure accountability and consumer protection in the automobile servicing sector.

Before approaching the High Court, the petitioner had submitted a representation to the Transport Department, requesting for a separate law to prevent exploitation of vehicle owners in sales, servicing and maintenance of vehicles.

The Transport Department informed him that the representation has been forwarded to the Transport Commissioner for examination and a detailed report.

The petitioner in the PIL has sought directions to the State government to consider and implement a new legislation, apart from seeking inspection and inquiry into the functioning of the Vayalat Mahindra Service Centre.

The petition was moved through advocate Manoranjan VR.