A person who uses the goods with the approval of the person who bought them for consideration is a 'consumer' as defined in the Consumer Protection Act.

Mr. Justice R.N. Mittal, President — This appeal has been filed against the order dated 30.3.92 of District Forum I by which the complaint of the complainant has been dismissed.

2. Briefly the facts are that the complainant purchased a Bajaj Super Scooter on 3.1.90 from the respondent, at New Delhi. It is alleged that it started giving trouble from the very inception as it had certain manufacturing defects. Those defects could not be rectified by the Engineers of the respondent. The main defect was that the alignment of the scooter was not proper on account of which the rear tyre continued to wear off from the corners. He, consequently, filed a complaint for replacement of the scooter by a new scooter.

3. The complaint was contested by the respondent. They pleaded that the scooter was checked in the work shop various times and it was found in perfect condition.

4. The learned District Forum during the pendency of the complaint directed the respondent to replace the chassis and one tyre. Accordingly the respondent replaced the same. However, the complainant was still not satisfied and alleged that the said defect persisted even after the chassis had been changed.

5. The learned District Forum held that the complainant was not entitled to any further relief. Consequently, it dismissed the complaint. The complainant has come up in appeal to the State Commission.

6. The contention of the learned counsel for the appellant is that in spite of the chassis and the tyre having been changed, the defect of the scooter persists and, therefore, he is entitled to a new scooter. On the other hand the learned Counsel for the respondent has submitted that the scooter was repaired to the satisfaction of the complainant and he after trial of the scooter issued a certificate, that he was satisfied with its performance. He further submits that the scooter met with an accident and it is possible that after that accident it developed some such defect.

7. We have duly considered the arguments of the learned Counsel. The complainant to support his case has referred to, two reports dated 26.9.91 and 6.1,92 of Shri Rabinder Singh and Shri Inderjit Singh, Surveyors respectively and his own affidavit dated 3rd March, 1992. Shri Rabinder Singh in his report dated 26.9.91 stated that the rear tyre of the scooter was wearing off the right corner. Similar certificate was given by Shri Inderjit Singh. The appellant in his affidavit dated 3.1.92 supported the version of the surveyors.

8. The respondent referred to the written submissions filed before the District Forum wherein some damage to the scooter has been mentioned. A reference has also been made to the job card maintained by the respondent. After going through the aforesaid documents we still feel that the version of the complainant appears to be correct. The allegation that the wearing off of the rear tyre was not proper, is being made by the complainant from the date of purchase of the scooter. It is clear from the documents referred to by the Counsel for the appellant that even after the repairs had been carried out by the respondent the defect persisted.

9. The version of the respondent that the scooter met with an accident cannot be accepted. If the scooter had met with an accident, a report would have been made to the police. However, no such report has been produced before us. It is common knowledge that in Delhi at the parking places the scooters and other vehicles are some time damaged by the other persons at the time of parking their vehicles. It appears that some scratches were caused on the scooter in such a place.

10. The complainant, however, as already been mentioned has been pointing out the defect regarding its alignment since the date of purchase. The Certificate was given by the complainant to the respondent after trial of the scooter for a short time. In such a short time it is not possible to find out whether the wearing off of the tyre or its alignment was proper or not. One requires s