BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION OF TELANGANA AT HYDERABAD FA.NO.507 OF 20188 Against orders in Cc.NO. 76 OF 2015 ON THE FILE OF DISTRICTcONSUME R COMMISSION,A DILABAD Between:

Samsung India Elcctronics Pvt. Ltd., #1-10-39 to 44, GUMIDELLI TOWERS Begumpet, Hyderabad-500016, T.S.

Rep.by its person in charge.

Appcllant/Opposite Party No.2 AND

1. Ch. Anand Goud S/o. Late Raja Goud, Age: 39 years, Occ: Business, R/o.H.No.1-324,Dasnapur, Adilabad.

.... Respondent/Complainant

2. Samsung Smart Phone Cafe, APEX Electronic Communication, #4-2-173/10, Cinema Road, Adilabad.

Rep.by it person Incharge.

3.Ingram Micro India Pvt. Ltd., 5th Floor, Block-B, Godrej IT Park, Pirojshanagar, LBS Marg, Vikhroli West, Mumbai-400079, Rep.by its person Incharge.

4.The Oriental Insurance Co., Ltd., Town Centre-1, 6h Floor, Andheri-Kurla Road, Andheri (East), MUMBAI-400059, Rep. by its person incharge.

..Respondents/0pposite Parties Counsel for the Appellant : M/s. Bhaskar Poluri Counsel for Respondents M/s. KNV Radha Krishna - R4 QUORUM:

SRI JUSTICE M.S.K.JAISWAL, HON'BLE PRESIDENT, SMT MEENA RAMANATHAN, HON'BLE LADY MEMBER SRI K. RANGA RAO, HON'BLE MEMBER{JUDICIAL FRIDAY, TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND TWENTY TWO Order:(as per Hon'ble Sri.K.Ranga Rao, Member-J)

1. This appeal is preferred by the appellant/second opposite party under section 15 of the Consumer Protection Act 1986 against the order dated 20.07.2018 of the District Consumer Forum at Adilabad in CC.No. 76 of 2015.

For the sake of convenience, the parties are referred

2 to as they were ^arrayed in the ^complaint.

3. The bricf facts of the case of the ^complaint are as ^follows:

) ^{The complainant purchased Samsung} SM-A700 mobile phone on 23.03.2015 from opposite party No.l on payment of Rs.29,900/-, The cell phone was ^imported by ^{opposite party No.2.}

(i) At the time of purchase of the cell phone opposite party No.1 advised the complainant to get the mobile phone insured upon which the complainant paid an amount of Rs. 1,999/- for the Cover Plus provided by opposite party No.3. The opposite party No.3 through its service provide opposite party No.4 and on the online registration is completed with opposite party No.3, opposite party ^No.4 issued policy to the compliant.

(ii) As per the policy issued by the opposite party No.4.

opposite party No.4 Oriental Insurance Limited undertook to indemnify for fire and allied perils, storm, Tempest, Flood, Inundation,Earthquake,Tsunami, Theft, Burglary, Roit, Strike, Malicious Damage, Housebreaking,AccidentalDamage, Liquid Damage, SIM mis-use and Mobile Bill Protection (Loss of Job)

and damage.

(iv) ^That on 19.07.2015the mobile phone of the complainant Samsung A700 after attending to a call, got heated and stopped functioning.^Then the complainant approached opposite party No.1 and on his advise approached the local servicing centre at Adilabad where the complainant was informed that there is touch screen problem upon which the complainant contracted the customer care and sent email on 20.07.2015 to opposite party No.3, with claim form, damaged cell phone picture, invoice copy, certificate of insurance and a cancelled cheque copy to the opposite party No. 3.

After near about 5 days the opposite party No.3 sent a mail to the complainant asking him to kindly mail again with detailed description that how the damage was happened and with clear image ^which shows the IMEl number clearly and the complainant received a call from them to give any reason as to how the mobile phone was damaged.

(v) ^Thereafter the complainanta gain ^{emailed another claim} form adding some details as per the request of the opposite partY No.4 on 04.08.2015, but surprisingly the opposite party N0.+ SCT a mail on 07.08.2015 repudiating the claim.

(vi The ^complainant due to malfunctioning of the cell ^phone Samsung A700 suffered a lot. There is ^a touch screen ^problem and the cell phone got heated was a manufacture defect. The complainant getting the touch screen replaced on payment