Petitioner manufacturer was the opposite party no.2 before the District Forum. Complainant/respondent no.1 purchased Hyundai CRDI Car through opposite party no.1 who was the dealer, respondent no.2 herein. Case of the respondent/complainant before the District Forum was that his car broke down on account of damage to the oil while he was traveling to Belgam. The car was taken to the service -2- station of the respondent no.2 at Belgaum. Respondent no.2 repaired the car by replacing the same cover. Thereafter, the car again broke down and was taken to service centre at Hubli. The grievance of the complainant was that in spite of major and severe defects in the car, respondent no.2 failed to replace the engine which was within the warranty period, but went on changing the part on ‘Trial and Error basis’. Petitioner – the manufacturer – as well as the respondent no.2 filed their separate written statements. It was pleaded by them that there was no manufacturing defect; that the car had already run nearly 50,000 kms. District Forum allowed the complaint and directed the petitioner to replace the vehicle with a new one of the same mode. District Forum also directed the opposite parties to pay Rs.25,000/- as compensation for mental agony and damages along with interest at the rate of 9% per annum from the date of filing of the complaint till realization. Petitioner and the respondent no.2 were held liable jointly and severally. -3- Aggrieved by the order passed by the District Forum, petitioner as well as the respondent no.2 filed separate appeals before the State Commission. State Commission has dismissed the appeals by a common order. State Commission has not recorded any positive finding regarding the manufacturing defect. Counsel for the parties are agreed that the impugned order be set aside and the case remitted back to the State Commission to decide it afresh and record positive finding as to whether there was any manufacturing defect or not. Parties through their counsel are directed to appear before the State Commission on 01.03.2012. All contentions are left OPEN. Since it is an old case we would request the State Commission to dispose of the appeal as expeditiously as possible and preferably within a period of four months from the first date of appearance. Office is directed to remit the record, if any, received by this Commission to the State Commission immediately. -4- Sum of Rs.3,50,000/- deposited under the directions given by the State Commission shall be subject to the final outcome of the appeal by the State Commission. | 
