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KAPIL KUMAR GUPTA filed a consumer case on 18 Mar 2024 against ONE PLUS EXCLUSIVE SERVICE CENTRE in the North Consumer Court. The case no is RBT/CC/141/2022 and the judgment uploaded on 21 Mar 2024.
District Consumer Disputes Redressal Commission-I (North District)
[Govt. of NCT of Delhi]
Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054
Phone: 011-23969372; 011-23912675 Email: confo-nt-dl@nic.in
RBT/Consumer Complaint No.:141/2022
In the matter of:
Sh. Kapil Kumar Gupta
S/o Sh. Ram Gupta,
A-40G, Vijeta Apartments,
Delhi Police Society,
Sector-13, Rohini,
New Delhi-110085. … Complainant
Vs
OnePlus Exclusive Service Centre,
Unit No. GF-03,
TDI Mall, Plot No.11,
Shivaji Place, District Centre,
Raja Garden,
New Delhi-110027. ... Opposite Party
ORDER/
18/03/2024
Ashwani Kumar Mehta, Member:
1. The Complainant had filed this complaint before Hon’ble DCDRC-V Shalimar Bagh and was assigned the Consumer Complaint No.877/2018 and it was further transferred to this Commission by the Hon’ble Delhi State Consumer Disputes Redressal Commission vide its order dated No.F.1/SCDRC/Admn/Transfer/20222/330 dated 16.04.2022 and accordingly, this complaint was registered as RBT/CC NO.141/2022.
2. The brief details of facts, as alleged by the Complainant that he has purchased a mobile handset, thi-110003, i.e., One Plus 5T bearing IMEI Nos. 866817033381450 and 866817033381443 through the Ecommerce App Amazon (Order ID 406-9186490-9731557) vide invoice No. DEL2-234481 dated 21.12.2017 for Rs.32,999/- which was carrying one year warranty. It has been alleged that since the date of purchase, the Complainant has been facing many issues with the device and the device started malfunctioning. It crashed his computer when connected with USB. It has also kept freezing and didn’t respond until restarted. Its soft buttons became unresponsive off and on etc.
3. The Complainant, therefore, emailed the OP’s customer service on 08.02.2018 vide Service Request ID 1874188 and narrated them the issues the device was plagued with. The Complainant also emailed OP on 09.02.2018, 11.02.2018, 12.02.2018 and 14.02.2018 about the problems and as advised by the OP, he visited the OnePlus service centre (DEL-ESC) located at Unit No. GF-03, TDI Mall, plot No.11 Shivaji Place, District Centre, Raja Garden, New Delhi-110027 (Service Record No. SERS20180216000036) on 16.02.2018. However, the device instead of being error free, developed further complications. The Complainant again emailed them on 18.02.2018 explained OP about experience of the device after repairs. As the device had become almost useless due to several issues, the complainant again emailed them vide Service Request ID 2014844 on 18.02.2018, 19.02.2018, 20.02.2018, 22.02.2018 & 16.04.2018 but the Complainant did not get solution to his problem.
4. The Complainant further emailed the OP vide Service Request ID 2239558 on 22.04.2018, 23.04.2018, 25.04.2018, 29.04.2018 and he was advised to visit the service centre so he visited the service centre on 30.04.2018 located at OnePlus Care B-10, Ground Floor, North Ex Mall, Sector-9, Rohini, New Delhi. However, the device still kept malfunctioning as mentioned earlier. Therefore, the Complainant again emailed the OP vide Service Request ID 2634843 on 04.07.2018, 24.07.2018 and 23.08.2018 but did not get any reply to any of these emails.
5. It has further been stated that the Complainant approached the Delhi Mediation Centre, Rohini on 05.09.2018 but the OP did not turn up for resolution of the issue. Therefore, the Complainant has filed this complaint seeking refund of Rs.32,999/- i.e. cost of the device and Rs.25,000/- as cost of compensation for mental agony and harassment.
6. The Complainant has also filed copy of Invoice, certificate issued by Delhi Mediation Centre Sector 16 Rohini, New Delhi, Job sheet (Service Record No. SERS20180216000036 dated 16.02.2018), Job sheet (Reference No. ISO0GK6 dated 30.04.2018) and emails exchanged between the parties (Total 24 pages enclosed with complaint at pages 8 to 31) alongwith the complaint in support of the allegations levelled in the complaint.
7. Accordingly, notice was issued to the OP to defend the complaint before this commission but the OP neither appeared nor did send any communication despite service of the notice. Since the OP chose not to appear despite service, has been proceeded Ex-parte and the allegations remained un-rebutted.
8. The Complainant has filed evidence by way of Affidavit, Written Arguments and has also led the oral arguments.
9. Accordingly, the complaint has been examined on merit in view of the facts of the case and averments/documents/Evidence put forth by the complainant and it has been observed that the Complainant purchased the mobile set on 21.12.2017 from the OP and has submitted the device for rectification of faults with OnePlus Service Centre on 16.02.2018 and the OnePlus Service record filed with the complaint indicates the faults as under:
Fault Phenomenon | Slow response with third party apps |
Fault Reason | Root/Flash unofficial ROM/Flash unofficial recovery |
Detailed Problem Description | re flash |
10. Thereafter, the Complainant again submitted the device for rectification of faults with another service centre of OP at Rohini on 30.04.2018 and Service record filed with the complaint indicates the faults as under:
Problem Description by User | Other issue. SOFT BUTTONS KEEP FREAKING DOUBLE TAP DOES NOT FUNCTION OFF AND ON PC CRASHES |
11. It has also been seen that these faults were rectified by the OP’s service Centre free of cost being device in warranty period.
12. The Complainant has also filed long series of email conversation with the OP which has duly been acknowledged and replied by the OP and the Complainant has also been advised/educated about the process/functioning of phone by the OP. The OP has always offered its services to the complainant to rectify the faults in the device through its service centre but it is the Complainant only, who was continuously sending emails instead of taking the phone to the Service Centre for rectification of the errors and also to understand the process of handling the phone by way of “setting” option. We have also not seen any service record after 30.04.2018 of the service/repair of this phone after 30.04.2018 which indicates that the mobile phone was properly functioning after 30.04.2018 but the Complainant kept the OP involved in the correspondence just to build his case.
13. In view of the above observations that there is no deficiency of service on the part of the OP and the Complainant has not come to this Commission with clean hands. It is also seen that the Complainant himself has gone to the Mediation Centre, Rohini for the conciliation without the consent of the OP with obvious intention to build its case. On the other hand, the Complainant has continuously been using the phone after 30.04.2018.
14. Therefore, we are of the considered opinion that the complaint is devoid of any merit in the absence of any evidence of the allegations levelled in the complaint. Hence, the complaint is dismissed with no costs.
15. Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.
ASHWANI KUMAR MEHTA HARPREET KAUR CHARYA
Member Member
DCDRC-1 (North) DCDRC-1 (North)
DIVYA JYOTI JAIPURIAR
President
DCDRC-1 (North)
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