J.JAYARAM, J. - (1.) The unsuccessful opposite party in the complaint is the appellant herein.
(2.) The opposite party has filed this appeal against the order of the District Forum, Chennai (South) in C.C.No.184/2004 dated 10.12.2008 directing the opposite party to pay a sum of Rs.52,148/- being the repair charges and to pay a sum of Rs.25,000/- as compensation for mental agony and costs of Rs.3,000/-. Aggrieved by this order opposite party has preferred this appeal.
(3.) The case of the complainant is that the complainant purchased a Pentium 2 C.D ROM Multimedia Computer and Alied Equipments which were insured with the appellant/opposite party for Rs.1,85,000/- in January 2001 and the policy was issued by the opposite party only after verification of the equipments and the policy coverage was from 19.1.2001 to 18.1.2002 and the policy was renewed for the period from 19.01.2002 to 18.01.2003. The system collapsed on 18.11.2002 and the systems were examined by the authorized service centre who gave a report that there was problem in the Mother PCA Board and that has to be replaced. The complainant informed the insurance company/appellant and in pursuance it a surveyor was sent by the appellant/opposite party who inspected the equipments at the premises of the respondent/complainant and the respondent/complainant was advised to take the equipments to M/s.MIKROLOGIC Systems Assessment and Repair and accordingly the respondent/complainant handed over the equipments to M/s.Mikrologic Systems. But the claim was repudiated by the appellant/opposite party on the ground that the equipment is of the year 1998 model whereas in the policy it is mentioned as 2000 as the year of manufacture. According to the appellant/opposite party the respondent/ complainant has purchased the equipments for commercial purpose and that he is not a consumer under the Consumer Protection Act and further at the time of taking policy the respondent/complainant had stated that the equipments were new one whereas it was found to have been manufactured in the year 1998 and the policy was obtained by the respondent/complainant suppressing material facts and so the respondent/complainant is not entitled to claim the benefits under the policy.;