Dealers are placed at an advantage over the Independent repairers

Why it’s not fair game?

Imagine being in a place where your fundamental human rights are traded for monetary gain.

Manufacturers are now incorporating advanced technologies into automobiles, making their service outside the dealer network very difficult. Our legal rights are compromised when contracts fail to give us, the vehicle/product owner, complete authority. Fundamentally, monopolization of repair methods violates the “freedom of choice” of the consumer.

As a vehicle owner, the lack of Fair Repair causes you tremendous inconvenience, such as:

While you are the vehicle owner, your ability to pick a repair and maintenance option that works best for you is limited – causing you tremendous inconvenience and incurring unnecessary costs.

Today, the following is the status of Genuine Spares (OEM) availability in India. Simply said, it means that where parts are only available via the OEM Dealer, car owners are inconvenienced (see above) with a lack of alternatives and burdened with higher costs.

Other brands not mentioned herein (e.g. Mini Cooper, Rolls Royce, Aston Martin, Bentley, McLaren, Maserati, Bugatti) also do not sell spares in the open market.

The automotive aftermarket is constituted of and supported by authorised and independent repairers, auto component manufacturers, distributors & suppliers, diagnostic tools and garage equipment producers, trade groups, roadside assistance operators, motorist clubs, insurance companies, marketplace operators and data/information technology providers. 

In addition to the consumer, all these entities are aggrieved by the status quo.

Even when a warranty does not explicitly require that repairs be performed by the original equipment manufacturer (OEM) using OEM parts, many manufacturers restrict independent repair and repair by consumers through:

• Product designs that complicate or prevent repair;
• Unavailability of parts and repair information;
• Designs that make independent repairs less safe;
• Policies or statements that steer consumers to manufacturer    repair networks;
• Application of patent rights and enforcement of trademarks;
• Disparagement of non-OEM parts and independent repair;
• Software locks and firmware updates; or
• End User License Agreements

Nixing the Fix: An FTC Report to Congress on Repair Restrictions, FEDERAL TRADE COMMISSION, May 2021