Non delivery of bike after service

It comes under bailment. A bailment agreement is an agreement where one person agrees to take physical possession of another person's property for safekeeping or other purpose, but does not take ownership of it, with the understanding it will be returned at a later date.You can send a legal notice for handover the vehilcle as per above said bailment procedure.

As per your scenario, let me tell you that there is something known as Contract of Bailment. The Section 148 of the Indian Contract Act, 1872 defines a contract of bailment as one in which the goods are delivered by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise be disposed of according to the directions of the persons delivering them.

The section 160 of the Act, deals with '"Return of goods bailed, on expiration of time or accomplishment of purpose".
It states that - "It is the duty of the bailee to return, or deliver according to the bailors directions, the goods bailed, without demand, as soon as the time for which they were bailed has expired, or the purpose for which they were bailed has been accomplished."

However, you in your query have not stated the time that was decided mutually between you (as a bailor) and the service centre (as a bailee), it's hard to acknowledge the fact wheather the actions of the service centre are actually in violation of the section 160 of ICA, 1872. Thus, it's important for you to understand that in the case of Chaturgun v. Shahzady it was held that there is an implied contract of in a bailment to return the articles in a reasonable time after the purpose is served even if no time is stipulated in the contract for return.

Therefore, if in case the service cetre to which you handed over your bike has possession over the said vehicle even though the time has lapsed (i.e. they have the bike even though the time specified by them for repairing has lapsed), then the only thing which could be concluded is that the service centre has failed to perform it's duty as a Bailee under the contract of Bailment, and such an action has violated the section 160 of the Indian Contract Act, 1872.

Henceforth, you may proceed to file/lodge a complaint under the above-mentioned sections of the Act.

Hope It Clears Your Doubts!

Regards
Kevin M. Paul

My lawyer says to file a damage suit notice. And go for compensation. Is that okay with this case.

Your lawyers said is correct. go ahead for compensation.