ORDER

1. Both these revisions arise out of the same order passed by the State Commission. Revision Petition No. 1244/08 has been filed by M/s. Hyundai Motor India Ltd., the manufacturer (hereinafter referred as manufacturer ) and R.P. No. 1341/08 has been filed by M/s. Deep Hyundai, dealer (hereinafter referred as dealer ). Delay of 8 days condoned.

2. The complainant's case is that he had purchased a Santro car DL 4CJ 0837 in the year 1999. The said car had met with an accident and due to high degree of corrosion resulting body weakness, the car was unable to bear the impact of accident but fortunately the complainant's life was saved in the accident. In January, 2001, the dealer agreed to sell a transit damaged repaired Santro car to the complainant on payment of Rs. 50,000 in cash on "as is where is basis". At that time, the ex-showroom price of Hyundai Santro LE-Euro car was Rs. 3,43,495 . It was agreed that the damaged car which was valued at Rs. 1.45 lakh would be kept by the dealer as also the amount of Rs. 1,05,000, which was to be received by the complainant from insurance. The number of the exchanged Santro car was DL 4C M 6282. After about 16 months of purchase of the tran