K.S. Chaudhari, Presiding Member—These two appeals have been filed against the common order dated 25.03.2009 of the State Consumer Disputes Redressal Commission, Delhi, (in short ‘the State Commission’) by Nissan Motor India Private Ltd and M/s. Pushpanjali Motors Ltd. respectively passed in Complaint No.C-08/188.

2. Brief facts of the case are that the complainant/respondent No.1, Giraj Kishore Bansal, purchased a vehicle Nissan X Trail (SUV) car, Registration No.UP 80 AY-2122 for Rs.21,50,000/- on 16.08.2007 from the appellant in appeal no.276 of 2009, M/s. Pushpanjali Motors Ltd./OP-2, who is a dealer of OP-1/appellant in first appeal no.250 of 2009. The first service of the vehicle was performed on 24.08.2007. It has been alleged by the complainant that the vehicle broke down in the middle of Agra-Delhi Highway on 24.08.2007. The engine got over heated and emitted white smoke. Vehicle was towed to the workshop of OP-2 and was repaired. On 13.11.2007, the vehicle again broke down with engine emitting lot of smoke. OP-2 again repaired the vehicle and returned on 15.11.2007 with promise that it will not be over-heated again. On 25.11.2007, the vehicle again suffered from malfu