Mr. Justice R.N. Mittal, President — An Ambassador Car was purchased by the complainant from the respondent on 9.2.91. The warranty which was given by the respondent to him was as follows:

"For a period of twelve months or 16,000 kms., whichever occurs earlier from the date on which a new car is delivered, Hindustan Motors Limited, hereinafter referred to as the Company will exchange or repair any part or parts thereof which need replacement or repair by reason of defective workmanship or defective material (except batteries, bulbs, tyres & tubes and accessories not originally fitted by the Company). In respect of paint work the Company's warranty obligation shall terminate at the end of 6 months or 8,000 kms., whichever occurs earlier."

2. It is alleged that car has developed certain defects, which have not been removed by the respondent.

3. It has been prayed by the complainant that the respondents be directed to replace the car.

4. The question that arises for determination is whether the complainant is a consumer. It is not disputed that the complainant owns a factory, in which edible oil is being manufactured and the car has been purchased for the purpose of the Company. Sec