Legal opinion on motorcycle periodic service during consumer court case

Question

► Hi Sir/Madam, I have a consumer case pending against a motorcycle manufacturer for a recurring engine warning light (ECU) issue and other engine-related problems. The case is currently at the evidence stage before the Consumer Disputes Redressal Commission. My motorcycle’s periodic service is now due. However, I am concerned that allowing service or repairs at this stage may alter or destroy material evidence, such as by resetting the ECU, clearing fault codes, replacing parts, or masking the root cause. I seek your legal opinion on the following: In a case where the condition of the vehicle itself is evidence, is it legally advisable to defer periodic service until the court permits inspection or issues directions? I am worried that servicing now may allow the Opposite Party to claim that the defect no longer exists or that the vehicle has been tampered with. Kindly advise the legally correct course of action. Thank you.

Answer 1

Dear Sir, as per your query,

Do not permit repairs that alter evidence without court leave, Since the condition of the vehicle/ECU is material evidence, it is legally prudent to defer any service or repairs that may reset fault codes, update software, or replace parts. Allowing such work can weaken your case and give the manufacturer scope to allege tampering or that the defect no longer exists.

Seek protective directions from the Consumer Commission (Urgently do this)
File a short interim application before the Commission seeking directions for independent inspection/expert examination of the motorcycle and permission to carry out only essential safety maintenance (if required), with an order restraining ECU resets or part replacement without notice to both sides.

For further details, feel free to contact our OLQ Team for a detailed discussion

Answer 2

As the consumer case is at the evidence stage and the vehicle condition itself is material evidence, it is advisable to defer periodic service until the Commission issues directions. Servicing now may alter or erase ECU/engine evidence and allow the Opposite Party to allege that the defect no longer exists or that the vehicle was tampered with.

Legal opinion on motorcycle periodic service during consumer court case

2 Answers