Car service did a poor repair or damaged the car: what to do under Georgian law

What to do

1. Deadlines: claims for defects in repair work are time-barred after one year (Civil Code of Georgia, Art. 655), counted from acceptance of the work, i.e. when the car was collected (Civil Code, Art. 655). If you accepted the car with a known defect and made no claim, you have no rights for that defect (Civil Code, Art. 652). Therefore note the remarks in the acceptance certificate when collecting the car.
2. Classification: a repair is a contract for work; a defect is a non-conformity with the agreed terms (Civil Code, Art. 641). If the car is used for personal needs and the service is a business, the Law of Georgia on the Protection of Consumer Rights (Consumer Rights Law) also applies (Consumer Rights Law, Art. 2).
3. New damage: the service is liable for damage to the car handed over to it, even if caused by negligence (Civil Code, Art. 650). “Not our fault” and disclaimers on the receipt do not help: a clause releasing the service from liability for intent is void (Civil Code, Art. 395).
4. Defect not fixed: rework is at the contractor’s expense (work, materials, transport) (Civil Code, Art. 642). Give the service a reasonable additional period for the repair in writing (Consumer Rights Law, Art. 18). After that you may have the repair done by another provider at the service’s expense, reduce the price, or terminate the contract with damages (Consumer Rights Law, Art. 18). Under the Civil Code, if the period for remedying the defect has expired, you may have the repair done at another service and recover the costs (Civil Code, Art. 643), or reduce the fee by the amount of diminished value (Civil Code, Art. 645). If used parts were installed instead of new ones, the contractor is liable for its own low-quality materials (spare parts) (Civil Code, Art. 646).
5. Estimate and retention: if the estimate is significantly exceeded, only the agreed price is payable, except for unforeseeable costs (Civil Code, Art. 631). The service must notify you immediately of an unforeseen increase in the estimate (Civil Code, Art. 631). The service may retain the car as security for its claims (Civil Code, Art. 634), but only for justified claims: pay the undisputed part and dispute the disputed part in writing.
6. Evidence and route: you may commission your own expert examination and attach it to a lawsuit (Civil Procedure Code of Georgia, Art. 162), preferably before the rework. A claim followed by a complaint to the Competition and Consumer Protection Agency (კონკურენციისა და მომხმარებლის დაცვის სააგენტო) does not deprive you of the right to sue (Consumer Rights Law, Art. 28). The Agency examines violations against a group of consumers; your personal money is recovered through court (Consumer Rights Law, Art. 30).
7. Where to apply: the service (claim) → Competition and Consumer Protection Agency → court.
8. Evidence: work order; estimate and correspondence about the price; acceptance certificate with remarks; photos at drop-off and collection; removed parts; expert opinion of an independent car expert; claim with an additional period.
9. Pitfalls: collecting the car without remarks in the act; having the defect fixed at another service without a claim and without recording the defect; applying the general three-year limitation period instead of the one-year period; expecting the Agency to recover money for the owner.

Be sure to check

• deadline for repair defects is one year from acceptance; accepting the car without remarks about a visible defect means losing rights
• the service is liable for damage to the car handed over to it, even if caused by negligence
• order: remedy at the service’s expense within an additional period → repair elsewhere at its expense / price reduction / termination with damages
• no obligation to pay for an estimate overrun without immediate notice; retention of the car only as security for justified claims
• independent expert examination before rework; claim → Agency → court