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Can I claim replacement for a new bike with repeated problems
17-Feb-2026 (In Consumer Court Law)
I purchased a new KTM Duke 200 in March 2025. Within weeks, the left handlebar switch and ABS cable were replaced under warranty. Later, engine stalling and RPM fluctuation between 1500–4500 started. TPS sensor and stepper motor were also replaced, but the problem returned again. The showroom says they will only repair under warranty and refuse replacement or refund. Can I file a case and win?
Getting a full replacement is not automatic or easy. Consumer Commissions usually first see whether the defect amounts to a proven manufacturing defect and whether the company was given sufficient opportunity to repair it. Only when the problem is serious, recurring, and substantially affects the vehicle’s performance despite multiple repairs, do commissions consider replacement or refund. So while it is legally possible, it depends on strong documentation and clear proof that the defect is persistent and not just a minor repair issue.
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Adv. K V Swajith Reddy
Hyderabad | 5+ Answers
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Yes, you have a strong legal case under the Consumer Protection Act for defect in product and deficiency in service. Repeated repairs within a short period, failure to permanently rectify the issue, and recurring engine problems indicate a manufacturing defect, not a minor repair issue. The dealer cannot indefinitely insist on repairs if the defect persists.
You may first send a legal notice to the dealer and manufacturer seeking replacement of the vehicle or full refund with compensation for mental agony, inconvenience, and litigation costs. If they fail to comply, you can file a complaint before the District Consumer Commission. Courts have consistently held that repeated unsuccessful repairs amount to unfair trade practice and consumers are entitled to replacement or refund in appropriate cases.
Maintain all documents such as purchase invoice, warranty records, job cards, and service reports, as these will be crucial evidence. Based on the facts stated, your chances of success are good if proper legal steps are taken promptly.
It is advisable to proceed immediately with a strong legal strategy to protect your rights.
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Adv. Pavani Kumari
Guntur | 400+ Answers
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Yes u can file a consumer case in court and ask for exchange or return the amount and court will check the evidence and judge will ask then to return the amount or exchanging with new bike , approach us we will help u
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Adv. Rajkiran Govindcar
Hyderabad | 700+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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