JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL) 1. Learned counsel for the petitioner and learned counsel for respondent No. 1 present. Respondent No. 2 is absent despite service. Respondent No. 2 is proceeded against Ex parte. 2. Learned counsel for the petitioner and learned counsel for respondent No. 1 heard. 3. The complainant, Shri K. V. Janardana Pai purchased a car from Hyundai Motors India Ltd., opposite party No. 1, which was manufactured in August, 2007. It transpired that mileage of the vehicle was very low than assured by the opposite parties. It also transpired that the accessories of the vehicle were not upto the standard. The tyres and wipers were substandard in quality. The front tyre had burst while plying the vehicle. However, the record also shows that as a goodwill gesture, a new tyre was provided to the complainant. There was offer of exchange of old car. The complainant had purchased a new car after handing over the old car in the year 2007. After eight months, the car started giving trouble. The petitioner wanted to have another new car by way of exchange. The respondent assessed the value of the car as Rs.3 lakh only. The complainant’s grouse is that within eight -3- months, air conditioner was not working properly and producing humming sound. Seat belts also became defective. 4. The District Forum allowed the complaint and held: “In the result, we partly allow the complaint and direct that the 1st opposite party manufacturer shall either replace the vehicle with a new one after accepting 20% of the price of the vehicle or refund the price of the vehicle after retaining 20% of the price. In either of the event the complainant shall return the car to the 1st opposite party simultaneously. 5. Aggrieved by that order, the opposite party preferred an appeal before the State Commission. The State Commission allowed the appeal and dismissed the complaint. 6. We have heard the learned counsel for the parties. 7. Learned counsel for the petitioner submits that the car in question is not in working condition and it is lying in the service station of respondent No. 2. 8. Keeping in view the facts and circumstances of the case, we hereby order that the respondents will jointly and severally repair the car in its perfect condition and hand it over to the complainant by sending him an intimation that car is ready and take it within a period of 60 days otherwise the order passed by the District Forum will prevail. The -4- parties are directed to maintain the record and move an application before the District Forum that car is ready. If the complainant does not collect the car after receiving the notice he will do it at its own peril. It is further ordered that the opposite parties will give a warranty for the period of six months from the date of its delivery to the complainant. The revision petition is disposed of accordingly. A copy of this order be given dasti to learned counsel for the petitioner. | 
