Mr. Justice R.G. Desai, President— The complainant is an Orthopaedic Surgeon practising at Bangalore. In order to get his patients brisk, quick and efficient service, in operating, by investing about Rs. 3,00,000/- , he. purchased instruments including AO Phenuinatic Air Drill from the respondents. Without AO Phneumatic Air Drill, the other instruments cannot be used. He gave that instrument for repairs to the respondent and the respondent has not returned it after repairing it. Hence, he has filed this complaint for recovering the cost of the instrument together with interest at 24% and Rs. 50,000/- towards damages and costs.

2. The complaint is resisted by the respondent by contending, inter-alia, that the complaint is not maintainable as the. complainant had purchased the instrument for commercial purpose and as such he will not be. a consumer.

3. We. heard the learned Counsel for the. parties on the question whether the complainant is. a consumer and whether his complaint can be entertained by this Commission.

4. The learned Counsel for the complainant urged that as the complainant is using it for operating his patients, it cannot be, said that he purchased it for commercial