n India, the vehicle recall policy has evolved from a purely voluntary code to a regulated framework under the
Ministry of Road Transport and Highways (MoRTH). Governed primarily by Section 110A of the Motor Vehicles Act, 1988 (inserted via the 2019 Amendment), the policy empowers the Central Government to mandate recalls for defective vehicles that pose a risk to safety or the environment.
Key Provisions & Mechanism
- Mandatory Recall Power: The Central Government can order a manufacturer to recall specific vehicle types or variants if a defect is reported by a prescribed percentage of owners, a testing agency, or other sources.
- Voluntary Recall: If a manufacturer identifies a defect independently and initiates a recall, they must inform the government. By doing so voluntarily, the manufacturer is generally exempted from fines.
- Eligible Vehicles: Recall provisions typically apply to vehicles that are less than seven years old from the date of manufacture or import.
- Remedies for Owners: When a recall is issued, manufacturers are legally required to:
- Repair the defect free of cost.
- Replace the vehicle with one of similar or better specifications.
- Reimburse the full cost of the vehicle to the consumer.
How to Report or Check for Recalls
Consumers can actively participate in the safety process through dedicated portals:
- Vehicle Recall Portal (Parivahan): MoRTH launched a centralised portal where vehicle owners can register complaints about manufacturing defects. If enough similar complaints are received, it can trigger a government investigation and subsequent recall.
- SIAM Voluntary Recall Repository: The Society of Indian Automobile Manufacturers (SIAM) maintains a public database of all voluntary recalls initiated by various automakers in India.
- Manufacturer Websites: Most major OEMs (Original Equipment Manufacturers) provide a "Recall" section where owners can enter their Vehicle Identification Number (VIN) to check for active service campaigns.
Penalties for Non-Compliance
Failure to comply with a mandatory recall order or hiding known defects can result in heavy financial penalties. For instance, a mandatory recall involving over 6 lakh two-wheelers or 1 lakh four-wheelers can attract a penalty of up to ₹1 crore