Mr. Justice A.L. Bahri, President — This appeal is by Tarlochan Singh filed against order of District Forum, Amritsar dated February 5, 1997, whereby his complaint was dismissed without going into merits of the complaint with costs of Rs. 500/- holding that he was not a consumer as defined under the provisions of Consumer Protection Act.

2. Only brief facts are required to be noticed as on merits this Commission at this stage is not required to make any comments or decision. Jyoti opposite party purchased new Maruti car. She sold the same to Tarlochan Singh within the period of guarantee/warranty given by Maruti Udyog Limited, manufacturers of the car (OP). Defect having occurred in the functioning of the car. District Forum was approached. Objection being taken by the opposite parties that the complainant was not consumer as defined, the same prevailed and the complaint was dismissed.

Section 2(1)(d) defines the same as under:

"(d) "consumer" means any person who—

(i) Buys any goods for a consideration which has been paid or promissed or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys su