Mr. Justice A.K. Bhattacharjee, President— This is an appeal against an order No. 28 dated 16.1.1997 in C.D.F. Case No. 11 of 1994 passed by the Birbhum District Consumer Disputes Redressal Forum at Suri. The appellant is a dealer in HMT tractor and is the proprietor of M/s. Krishi Pragati at Berhampore, Murshidabad. The respondent No. 1 purchased an HMT tractor from the appellant's shop on 30.6.92 with Bank loan and with free service warranty of one year. The opposite party No. 1, two years after the purchase of the tractor, filed a complaint case in the Forum below against the appellant praying for several reliefs and alleging that the said tractor was defective. The appellant as opposite party entering appearance in the said complaint case in the Forum below filed a petition challenging the maintainability of the case on a preliminary point of law that the O.P. No. 1 was not a consumer as he had purchased and used the tractor for commercial purpose for earning profits therefrom. Both parties adduced documentary evidence before the Forum which heard the preliminary point of law on contest.

2. After hearing both the parties the Forum passed the impugned order dated 16.2.1997 h