1.	By this appeal, the Appellant assails the order dated 19.12.2007 of the District Forum, Sidhi in C.C. No. 46/2006, whereby the District Forum has directed the Appellant to repair the engine and, if it is not possible to repair, then to replace the engine of the truck of the Respondent No. 1 and to pay Rs. 22,000 spent by the Complainant. It is not disputed that the Complainant purchased the truck on finance basis from Appellant. However, in view of the admission of the owner namely Devwati Patel W/o Bhagirathi Patel that the truck was purchased and used for commercial purpose and the affidavit of the Basant Kumar Patel S/o Badri Prasad Patel, it was evident that the truck was being plied for commercial purpose.
2.	There is admission to the effect that the truck was purchased for commercial purpose and it was being driven by Basant Kumar Patel who was in no way relative of the Complainant. It is clear that the Complainant was not using the truck for self-employment but for commercial purpose.
3.	In Laxmi Engineering Versus PSG Industrial Institute, their Lordships have ruled that whether the purpose for which a person has bought goods is a commercial purpose within the meaning of the definition of expression 'consumer' in Section 2(1)(d) of the Act is always a question of fact to be decided in the facts and circumstances of each case. The facts of the present case admit no room for any speculation, as it is an admitted position in the affidavit of the Respondent No. 1 that she had purchased the truck for commercial purpose and used it for commercial purpose. The affidavit of the driver was also clear that he was driving the vehicle, which rules out that lady was driving the truck herself or any member of her family was driving it. Under these circumstances, the truck was purchased and used for commercial purpose, with the result that no relief could have been granted to her by the Forum. Accordingly, the impugned order is set aside and the application of the Respondent No. 1 is dismissed with no order as to costs. The Complainant shall, however, be free to approach the appropriate Forum in which the Forum shall not allow itself to be influenced by any expression contained in this order.
Impugned Order set aside.