M.V. Viawanathan, Judicial Member —The above appeal is preferred from the order dated 17.10.02 of the C.D.R.F., Malappuram in O.P. No. 189/01. The complaint in the said O.P. 189/01 was filed by the appellant herein as the complainant against the respondents 1 and 2 as opposite parties claiming replacement of the defective cabin and spare parts fitted to the insured vehicle and also for the refund of the excess amount of Rs. 25,000 with compensation and costs. The above said claim was disputed by the opposite parties. They also raised the contention that the complaint filed as O.P. 189/01 is not maintainable as the complainant is not a consumer coming within the ambit of the Consumer Protection Act, 1986. The lower Forum accepted the objection raised by the opposite parties that the complainant is not the consumer coming within the ambit of the Consumer Protection Act. Thereby the complaint in O.P. 189/01 was dismissed. Aggrieved by the aforesaid Order passed by the Forum below the present appeal is filed.

2. When this appeal was taken up for final hearing, the appellant/complainant was represented by the Power of Attorney Holder Mr. U. Unniyan. The respondents/ opposite partie