P.N. Kashlkar, Presiding Judicial Member—Being aggrieved by the judgment and award passed by District Consumer Disputes Redressal Forum, Nashik in consumer complaint No.15/2002 decided on 9.10.2003, whereby the District Consumer Disputes Redressal Forum allowed the complaint and directed the opponent Nos. 1 to 3 jointly and severally to replace the Maruti Zen Car and give it to the complainant within reasonable time and if it is not possible to replace, refund amount of Rs.3,94,779 to the complainant and also direct to pay Rs.1,000 as costs, opponent Maruti Udyog Ltd. (Manufacturer) and Seva Automotive Ltd. (Dealer) have filed these two appeals. Maruti Udyog Ltd. has filed Appeal No.1735/2003 and Authorised Dealer Seva Automotive Ltd. has filed Appeal No.1594/2003. Both these appeals have been filed challenging judgment and award passed by the District Consumer Disputes Redressal Forum, Nashik and therefore, we are disposing of these appeals by this common order.

2. The facts to the extent material may be stated as under:

Complainant Shri Anil Bansilal Chordiya, resident of Manmad, Tal. Nandgaon, District Nashik had purchased Maruti Zen car Diesel on 4.12.1995 from opponent No