- (1.) Leave granted.
(2.) We have heard learned Counsel on both sides.
(3.) The only question for consideration is whether the respondent has been using the machine 'Brickman' for clay preparation, brick-moulding, brick-dying and brick burning after purchasing the same from the appellant for earning his livelihood within the meaning of Explanation to section 2(1)(d) of the Consumer Protection Act, 1986 Section 2(1)(d) reads as under : "2. (1)(d) 'consumer' means any person who,--- (i) 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 ; or (ii) hires any services 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 beneficiary of such services other than the person who hires the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person." ;