What can be done if a vehicle left at an authorized service center remains there for an extended period?

One of the most common problems faced by vehicle owners is that, despite leaving their vehicle at an authorized service center, repairs are not completed within a reasonable time, and the process is constantly prolonged with excuses such as "waiting for parts," "awaiting approval," or "ongoing review." This lengthy service process can cause significant inconvenience for vehicle owners, especially when the vehicle is used for daily life, work, business, or family needs.

Consumers have legal rights if their vehicle is not returned to an authorized service center for an extended period. In this case, factors such as whether the vehicle is under warranty, the nature of the malfunction, the date the vehicle was delivered to the service center, the service work order, the repair time, the waiting time for parts, and the information provided by the service center should all be considered.

What is the maximum repair time?

Authorized service repair times for vehicles are not unlimited. According to after-sales service regulations, the maximum repair time for vehicles such as passenger cars, vans, motorcycles, and caravans is generally 45 business days. This period begins when the fault is reported to the authorized service center or seller within the warranty period; and outside the warranty period, it begins when the vehicle is delivered to the authorized service center.

Therefore, when a vehicle is left for service, it is essential to obtain a service acceptance form, work order, delivery receipt, or fault report form. This is because the start date of the service period is one of the most important factors in resolving any future disputes.

Can the service extend the waiting time by saying "Part Waiting"?

Authorized service centers often use explanations such as "parts pending," "parts arriving from abroad," "awaiting central approval," or "technical inspection ongoing." However, these explanations do not mean that service times can be extended indefinitely.

Parts supply, the manufacturer or importer's organization, service workload, or internal processes cannot be placed on the consumer. If the consumer has submitted the vehicle to a service center and the legal/reasonable time limit for repair has been exceeded, liability may arise for the service center or the relevant seller/manufacturer/importer.

What rights can be exercised if the vehicle is under warranty?

If the vehicle is under warranty and the repair time has been extended, the consumer has stronger rights. Even if the right to free repair under warranty has been exercised, if the vehicle is not repaired within the maximum repair time, the consumer may exercise their right to choose from options such as a refund, a price reduction proportional to the defect, or, if possible, replacement with a defect-free equivalent.

Furthermore, if the faulty vehicle cannot be repaired within the warranty period, the consumer may request that another vehicle with similar specifications be provided. Therefore, if the vehicle remains in service for an extended period, it should not simply be asked, "When will you deliver my vehicle?"; the consumer's rights should be clearly stated in writing.

Do I have any rights regarding vehicles whose warranty period has expired?

The expiration of the warranty period does not mean that the vehicle owner has no rights. Even after the warranty period has expired, maintenance and repair services provided by an authorized service center must be performed properly, within a reasonable time, and with due diligence, in accordance with consumer law and contract law.

If an authorized service center unreasonably prolongs the repair process after receiving the vehicle, fails to inform the owner, performs work without approval, or refuses to return the vehicle, they may incur legal liability. For out-of-warranty repairs, the service work order, price quote, approval process, parts list, and delivery time are also crucial.

Can a replacement vehicle be requested for a vehicle that has been in service for an extended period?

When a vehicle is in service for an extended period, the owner may request a replacement vehicle. This request is especially strong if the vehicle is under warranty, the malfunction is not due to consumer fault, and the repair cannot be completed within a reasonable time.

However, a replacement vehicle may not be automatically provided in every case. The responsibility of the service provider, manufacturer, or importer is assessed taking into account the vehicle's warranty status, repair time, the nature of the malfunction, the consumer's inconvenience, and the time limits stipulated in the legislation. Nevertheless, it is important for the consumer to notify the service provider in writing of their request for a replacement vehicle if the service process is prolonged.

Can I claim compensation due to loss of vehicle access?

If a vehicle owner is deprived of their vehicle due to the authorized service center's failure to deliver it for an extended period, compensation may be claimed depending on the specific circumstances of the case. This loss may manifest as loss of daily vehicle use, vehicle rental expenses, taxi/transportation costs, or, in the case of commercial vehicles, loss of earnings.

For example, if the vehicle owner was forced to rent a vehicle during this period, rental invoices, taxi or transportation expenses, documents proving loss of income, and correspondence can be used as evidence. In the case of commercial vehicles, loss of earnings must also be proven.

Should a notarized warning be sent to the service provider?

If a vehicle has been in service for an extended period, one of the most effective methods is to send a notarized notice. The notary notice should clearly state the date the vehicle was delivered to the service center, the nature of the fault, the extended service period, the lack of written notification, the vehicle's non-delivery, and that all rights of action are reserved.

The notice should also state that the vehicle must be repaired and delivered within a specified period, or if this is not possible, a replacement vehicle will be provided, and that the customer will be entitled to a refund/price reduction/exchange and compensation if the fault cannot be rectified.

A notarized notice will serve as important evidence in future proceedings before the Consumer Arbitration Board or the Consumer Court.

Is it possible to file an application with the Consumer Arbitration Board?

If the dispute is below the monetary limit, an application can be made to the Consumer Arbitration Board. The vehicle owner's request may include a refund of the service fee, a price reduction due to defective service, compensation for loss of vehicle use, completion of repairs, or other consumer claims.

The application must include the service work order, vehicle delivery document, invoice, payment receipts, service correspondence, WhatsApp messages, emails, notarized notice, vehicle rental invoice, and any expert appraisal report (if applicable).

Can a lawsuit be filed in Consumer Court?

If the amount in dispute exceeds the limit set by the arbitration board, or if the nature of the case requires a more comprehensive trial, filing a lawsuit in the Consumer Court may be considered.

In this case, claims may be made for the delivery of the vehicle, rectification of defective service, refund of unjustly charged fees, price reduction, compensation for loss of vehicle use, replacement vehicle/transportation expenses, loss of commercial profit, and, if the conditions are met, compensation for non-pecuniary damages.

Legal action may be necessary, especially if the vehicle becomes unusable due to prolonged service periods, causing significant inconvenience to the owner, and if the service provider indefinitely prolongs the process.

Can evidence be collected?

If a vehicle is held at a service center for an extended period and the nature of the malfunction, the reason for the delay in repair, or whether the service center acted negligently is unknown, a forensic examination may be considered. Through forensic examination, the current condition of the vehicle, the nature of the malfunction, whether the repair has been completed, whether the delay was technically justified, and whether any new damage has occurred to the vehicle can be determined by an expert.

This method is especially important if the dispute with the service has escalated, the vehicle is not being delivered, or the current situation needs to be documented before the vehicle is delivered.

What can be done if the service vehicle doesn't deliver the goods?

If the authorized service center refuses to release the vehicle due to a fee dispute or for any other reason, a written application should be submitted first, followed by a notarized warning notice. Legal action can be initiated if an excessively high fee is charged for services not authorized by the vehicle owner, or if the vehicle is unjustly withheld.

In this case, it is necessary to examine whether the service fee is justified, whether the repair was actually carried out, the parts replaced, the labor costs, whether the vehicle owner's approval was obtained, and the service contract.

What should be considered when picking up the vehicle?

Careful handling is required when picking up the vehicle after a long service process. Before signing the vehicle handover form, the vehicle's external damage, mileage, whether the fault has been repaired, replaced parts, invoice items, and service descriptions should be checked.

If new damage, incomplete repairs, or the same fault persists on the vehicle, it is advisable to add a note to the delivery form stating "we reserve the right to object," "the fault in the vehicle persists," or "we reserve all our legal rights due to incomplete/faulty repairs.".

Which documents should be kept?

Documents are crucial in resolving disputes with authorized service centers. The vehicle owner should keep the following documents:

Service work order, vehicle delivery form, fault report, service acceptance form, invoice, payment receipt, correspondence with the service provider, call center registration numbers, WhatsApp messages, emails, vehicle delivery and return dates, notary notice, vehicle rental invoices, and expert report (if applicable).

Without these documents, it can be difficult to prove when the repair period began, how long the service was delayed, and what damage the vehicle owner suffered.

Conclusion

If a vehicle left at an authorized service center remains there for an extended period, the vehicle owner is not legally unprotected. The service center is obligated to repair the vehicle within a reasonable time, inform the consumer, and provide the necessary documentation. If the vehicle is under warranty, the maximum repair time, replacement vehicle, and other rights also come into play.

If a vehicle remains in service for an extended period, the owner must first submit a written application, obtain the service work order and delivery documents, send a notarized notice if necessary, document the damage, and if the dispute cannot be resolved, apply to the Consumer Arbitration Board or the Consumer Court.

During this process, the date the vehicle was delivered to the service center, the repair duration, the reason for waiting for parts, the request for a replacement vehicle, the damages incurred due to loss of vehicle use, and correspondence with the service center are of great importance.