Pinku purchased a tractor from Jahanvi Ltd. for tilling the land but he used it in idle time for transportation of agricultural produce on hire. Some defects were developed in the engine of the tractor. He complained to

According to the Consumer Protection Act, Consumer is any person who (a) buys any goods for a consideration which has been paid or promised 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 such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose. In the case of Bhupendra Jang Bahadur Guna v. Regional Manager and Others (II 1995 CPJ 139) , the National Commission held that a tractor primarily to till the land of the purchaser and let out on hire during the idle time to till the lands of others would not amount to commercial use. If the commercial use is by the purchaser himself for the purpose of earning his livelihood by means of self-employment such purchaser of goods would yet be a consumer. In the light of the above facts and circumstances, Pinku will succeed. He is still a consumer within the definition of the Consumer Protection Act.