BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.81 of 2022
Date of Instt. 13.03.2022
Date of Decision: 11.11.2022
Mr. Ankit Bhalla H. No.31 Atwal Colony, Near Park, Cantt Road Jalandhar, Punjab Ph. No.9599936053 Email-ankitbhalla58@gmail.com.
..........Complainant
Versus
M/s Oneplus 5th Floor, Kabra Excelsior, Opposite Wipro Park 80 Ft. Road, Koramangala, 1st Block, Bangalore, Karnataka-560025 Email:legal.india@oneplus.com.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Subhash Chander, Auth. Rep. for Complainant.
OP exparte.
Order
Jyotsna (Member)
1. The instant complaint has been filed by the complainant through E-Dakhil Portal, wherein it is alleged that the Complainant ordered One Plus 6T (Mirror Black, 6GS KAM, 128GB Storage) from Amazon website on 01.11.2018 vide. Order id: 402-9417369 5154734 for Rs.37,999/- and the complainant paid the amount of Rs. 37,999/ to the Amazon company. The complainant got an offer from the respondent's concern after the expiry of 1 year for extending the warranty period and the complainant had accepted the offer and the warranty for the mobile got extended till October, 2021. The product was not functioning properly i.e. screen burn in the month of April, 2021. So, the complainant raised a request to the respondent's concern on 13.04.2021 for the repair of his mobile and on 15.04.2021, the product was taken by the respondent's concern for repairing it. And, the very next day, the complainant got a call from the respondent's concern and informed that the phone cannot be repaired under warranty as the warranty period of the mobile was expired. The respondent's concern website and application showed the complainant that the warranty for the product was till October, 2021 and on the basis of that information, the complainant was entitled to get his phone repaired for free. The phone was still with the respondent's concern and there was no solution provided to the complainant till today however such unethical and unlawful act is not tenable under the eye of law, the complainant had also raised a complaint on consumer helpline portal but still the respondent's concern had not provided any solution to the complainant. The complainant has been trying to contact the respondent concern via the medium calls. Emails & twitter, but the complainant has not received any constructive reply from the respondent's end and being deprived of the right and being duped of the hard-earned money the complaint intimated the respondent concern multiple times however no constructive reply has been received by the complainant to date and by the respondent's unethical act and conduct the complainant got offended immensely, however, the respondent concern have acted like flogging of a dead horse in respect of the difficulties faced in concern in respect of purchasing faulty service and due to the delay by the respondent's concern a new phone bought for the purpose of the gift was being used by the complainant. That being deprived of the proper and facilitated procurement he again and again intimated the respondent by way of the telephonic conversation and by way of electronic mail conversation in order to solve the said issue, received a mail from one plus it was app glitch in their system due to that warranty was not considered. However the executive of the respondents have acted like flogging of a dead horse in lieu of providing the proper services to the complainant and in lieu of providing the constructive reply to him till date. The above mentioned dispute clearly states that there was negligence on the respondent and the said respondent company is running an Unfair Trade Practice in order to dupe the hard earned money of the complainant wherein respondents have intentionally provided the de novo dreadful and deceitful service to the complainant and has not provided the proper and facilitated services towards him which has caused his unnecessary agony and stress and as such the present complaint filed the prayer that the OP be directed to duly look into this matter with foremost importance to take necessary steps to render the proper service to the complainant and further OP be directed to pay Rs.20,00,000/- as a compensation for causing mental tension and harassment to the complainant and litigation expenses.
2. Notice of the complaint was given to the OP, but despite service none has appeared on behalf of the OP and ultimately OP was proceeded against exparte.
3. In order to prove his case, the complainant tendered into evidence his duly sworn affidavit Ex.CA alongwith some documents Ex.A to Ex.F.
4. We have heard the authorized person of the complainant and have also gone through the case file very minutely.
5. The complainant has alleged that he has ordered for One Plus 6T (Mirror Black, 6GS KAM, 128GB Storage) from Amazon website on 01.11.2018 vide. Order id: 402-9417369 5154734 for Rs.37,999/-, vide Invoice No.DEL4-355534 Ex.D. As per the contention of the complainant that he got an offer from the OPs after expiry of one year for extending the warranty period till October, 2021. He had accepted it, which is Ex.C. In the month of April, 2021 his phone was not functioning properly, so the complainant raised a request to OPs on 13.04.2021 and 15.04.2021 for the repair of mobile phone. OPs was requested to repair the mobile phone, but complainant got a call from OPs, the very next day that the mobile phone cannot be repaired under warranty as the warranty period of the mobile has expired.
6. In this complaint, the OP despite service did not bother to appear to contest the instant complaint. So, the version of the complainant remained un-rebutted and un-challenged, even then the same is required to glance very deeply. The allegations of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.CB to Ex.CF.
7. The complainant has attached photocopy of print from the website which shows that warranty has been extended till 31.10.2021 Ex.B.
8. The complainant has also attached copy of email reply dated 20.06.2021 from the OP which states as under :-
“We are sending this mail to keep you informed that as per the policy maximum warranty period for a One Plus device is two years including extended warranty. As your device was purchased on 01.11.2018 the manufacturing warranty will be till 01.11.2019 and including extended warranty will be till 01.11.2020. According to the purchase date the warranty on the 6t device (861803041975850) as expired on 01.11.2020. We are sorry for the inconvenience because of the app glitch, the warranty will not be considered.”
9. The mobile was not functioning properly i.e. screen burn in the month of April 2021. The complainant has claimed that warranty was extended till 31 October, 2021 whereas the OP has claimed that warranty was extended till 01.11.2020 and mobile was not in warranty period in April, 2021. The OP in his reply has written that mobile was purchased on 01.11.2018 and manufacturing warranty was uptil 01.11.2019 and extended warranty was uptil 01.11.2020. OP has also informed that maximum period of warranty is two years including extended warranty. We have gone through Ex.B in which warranty period is mentioned till 31 October, 2021. In the Ex.B the date of purchase has been wrongly mentioned as 29 November, 2019 and accordingly, two years warranty period has been calculated till 31 October, 2021. Whereas the actual date of purchase is 01.11.2018 as mentioned in the complaint and also in the bill Ex.D and the extended warranty of two years expired on 01.11.2020.
10. From the above discussion, we conclude that extended warranty period was expired on 01.11.2020 and complainant cannot take the benefit of the glitch in the App. There is no deficiency in service on the part of the OP. Hence the complaint is dismissed without no order of cost. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.
11. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
11.11.2022 Member Member President
