JUDGMENT : S.K. Kulshrestha, J.:- This appeal is directed against the order dated 6-7-2007 of the District Forum, Neemuch in Case No. 91/2005. 2. The facts in nutshell are that the respondent purchased a Tata 407 bus from the appellant No. 2. She purchased it for commercial purpose and bus was plied regularly. As many as six services were carried out during this period but, it was not complained that the bus was consuming three litres more diesel per day and oil than prescribed. No details of consumption were furnished and a general statement was made that it was consuming three litres of diesel more per day without reference to the actual consumption or mileage of the bus. 3. Learned Counsel for the appellant has raised two objections. His first contention is that the bus was being used for commercial purpose as is evident from Paragraph 1 of the complaint with the result she was not a "consumer" within the meaning of Section 2 (1) (d) (i) of the Consumer Protection Act, 1986. His second objection is that as many as three free services and three paid services were carried out but during this period, there was not a whisper about the consumption being high or that the bus was consuming three litres diesel more per day. No details were given as to how consumption of three litres per day was arrived at. The District Forum on its approximation in Paragraph 11 found without basis that the bus had consumed 500 litres oil and 1500 litres diesel more than it should have and on that basis awarded Rs. 37,440/- as compensation with direction to rectify the defect failing which to pay further compensation of Rs. 25,000/-. 4. We find that there is no acceptable evidence or data on the basis of which one could come to the conclusion that the bus was consuming three litres diesel more per day and that it was consuming more oil than prescribed. Under these circumstances, on such a guess work of the complainant, amount could not have been awarded. 5. The appeal is therefore, allowed and the impugned order of the District Forum, Neemuch is set aside.