JUDGMENT - Justice G.G. Loney, President:---This is an appeal against the order of District Forum Aurangabad dated 13-4-1992 passed in Complaint No. 185 of 1992. 2. A complaint was made by M/s. Mahavir Trading Company (Oil Mill) through its partner against the Maharashtra State Co-operative Cotton Growers Marketing Federation Ltd., claiming the excess amount paid towards the purchase of goods and penalty therefor while purchasing the cotton seeds. The complaint is running Oil Mill and from time to time purchased the cotton seeds from the opposite party. In such purchase transactions according to the complainant on 10-5-1991 and 17-5-1991 he purchased 1862 quintals of cotton seeds from the opposite party as per terms and conditions of auction and amounts towards price and penalty were to be paid within 18 days from the purchase and in case of failure to do so, time was to be extended for 7 days. However, the complainant paid the amounts towards price and penalty after the period of 38 and 31 days respectively, and therefore, the complainant has claimed in that complaint of Rs. 60,577/- towards price and penalty with 18% interest and Rs. 10,000/- towards the compensation. The District Forum Aurangabad allowed the claim and passed impugned order with direction to opposite party to pay Rs. 60,577/- with 18% interest to the complainant within six weeks. 3. We have heard Shri S.T. Shelke, Ld., Advocate for the appellant and V.K. Patni, Advocate for the respondent. It has been argued by Shri Shelke, Ld. Advocate for the appellant that an application was made before the District Forum Aurangabad raising preliminary issue as regards the maintainability of the complaint on the ground that the goods purchased by the complainant were for commercial purposes. As such, the complainant is not a consumer within the meaning of section 2(i)(d)(1) of the Consumer Protection Act, 1986. Shri Shelke, Ld. Advocate for the appellant very vehementally submitted that The District Forum Aurangabad should not have allowed a complaint of the complainant as the goods in question were clearly purchased for commercial purposes. The District Forum Aurangabad while allowing the complaint has held that the complainant purchased the cotton seeds in the shape of raw material for the personal consumption, which practice no longer disputed in this case. In our view, this observation of the District Forum Aurangabad is entirely incorrect. The District Forum Aurangabad while allowing the complaint has held that the complainant purchased the cotton seeds in the shape of raw material for the personal consumption, which practice no longer disputed in this case. In our view, this observation of the District Forum Aurangabad is entirely incorrect. It does not appeal to the reason that 1862 quintals of cotton seeds were purchased by the complainant for personal consumption. The complainant is a company whose business is to manufacture oil from the cotton seeds. From the nature of complaint, it is very obvious that the complainant purchased the cotton seeds of such huge quantity for purposes of extracting oil and for commercial purposes. The commercial purposes in this transaction is writ large in the transaction. The opposite party has filed an application for deciding the preliminary objection on the ground of maintainability of complaint. The observation of the District Forum Aurangabad that the seeds in question were purchased for personal consumption and that the said fact was not disputed by the opposite party, cannot be accepted. Hence, we find that the appellant succeeds on this ground alone. We have absolutely no hesitation to hold on the basis of the fact that the complainant had purchased the cotton seeds for commercial purposes and as such he is not a consumer and consequently cannot file a complaint before the Consumer Court. Hence, we pass the following order : ORDER The appeal is allowed. The impugned order is set aside and the complaint stands rejected. Appellant be paid Rs. 500/- as throughout. Appeal allowed. *****