7. It was argued by the learned counsel that trial forum i.e. the District Forum has not found any manufacturing defects in the vehicle and the District Forum has commended the services given and prompt repairs done by the petitioners. The petitioners had already paid the amount ordered by the District Forum to the complainant. It was argued that the State Commission has wrongly recorded certain facts e.g. the State Commission has recorded that the vehicle was still with the workshop/garage, whereas the vehicle was handed over to the complainant in the year 2012 itself. Learned counsel stated that the State Commission has based its judgment on the judgment of Hon'ble Supreme Court in C.N. Anantharam Vs. Fiat India Limited and Ors., (2011) 1 SCC 460. In this judgment the vehicle had run 800 kms, whereas in the present case vehicle has run about 1,38,435 kms.
15. So far as the question of replacement of new car, which has already run for long year is concerned in first case by the learned counsel in Hyundai Motors India Ltd.(supra) the vehicle has travelled for only one year whereas in the present case the vehicle has run more than 13 years.
It is true that if there are frequent failures in the vehicle there is certain deficiency on the part of the opposite parties and this contention of the learned counsel supported by the order of this Commission in Mohini Wheat Products (supra) is being given due consideration in deciding the present revision petition.