Mr. Sunil Kanti Kar, Member — The instant appeal has been directed against the Judgment and order dated 18.3.96 passed by the District Forum, Calcutta in CDF Case No. 2068/ 93. The District Forum, Calcutta has dismissed the complaint petition without any cost inter alia upon observation that on anxious examination of the facts and circumstances of this case, the learned Forum holds that the dispute raised by the complainant/appellant is not a consumer as per decided principle and so he is not entitled to get any reliefs claimed.

2. The facts of the case in nutshell is that by virtue of an advertisement published in the "Statesman" dated 21st November, 1988 inviting tender for disposal of one Taxi (Ambassador of 1987 Model) on "as is where is basis" for which the complainant/appellant submitted its tender at Rs. 41,000/- which was paid by the complainant/appellant by way of earnest money and final payment of the same and the said Taxi was delivered by the opposite party /Insurance Company on 11.1.89. The complainant/Appellant received the said Taxi by issuing a receipt to the opposite party. After taking delivery, the complainant/appellant caused it to repair by spend ing about