Mr. Justice T.M. Hassan Pillai, President—The grievance of the appellant voiced before us for challenging the order passed by the CDRF, Ernakulam in OP : 66/2002 is that without considering the pleadings particularly the pleadings regarding the existence of warranty, the Forum below passed the impugned order on the ground that the vehicle was purchased for commercial purpose and the provisions of the Consumer Protection Act are not applicable to a vehicle which was purchased for commercial purpose. The Counsel canvassing the correctness of finding recorded by the Forum below submitted that even if it is assumed without admitting for a moment that the vehicle was purchased for commercial purpose as the defects developed during the period of warranty, the respondents herein are liable to rectify the defects. In support of his contention the learned Counsel relied on the decision rendered by the National Commission in Jay Kay Puri Engineers and Another v. Mohan Breweries and Distilleries Ltd. I (1998) CPJ 38 (NC).

2. The facts of the case pleaded are to the effect that the vehicle (Maruti Waganor) was purchased by the complainant/appellant from the 2nd opposite party who is the au