Delhi

North

CC/368/2022

SUDEEP - Complainant(s)

Versus

ONE PLUS INDIA - Opp.Party(s)

18 Mar 2023

ORDER

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

 

Consumer Complaint No.: 368/2022

1. Ms. Sudeep

S/o Suresh Pal Singh

R/o House No.93, Gali No.13

Darshan Vihar, Burari

Delhi-84                                                                          …Complainant

                                                          VS

1. The owner /Owners Oneplus India

213, Brigade Road, Shanthala Nagar

Ashok Nagar, Bengaluru Karnataka  

 

Regd. Office at

Hira Building Municipal No.

New 213, Ward No.76, Brigade Road

Richmond Town, Bengaluru

Karnatka-560001                                                             ….. Opposite party

 

2. Amazon.In

c/o Dawntech Electronics Pvt.Ltd.

Block B& C  Logos Luhari Logistics Estate

Village Luhari

           Gurugram Haryana-124108                                              …Opposite Party

         

ORDER

18/03/2023

Ms. Harpreet Kaur Charya, Member:-

Jurisdiction of this Commission has been invoked by Sh. Sudeep, the complainant against OnePlus India, the manufacturer as OP- 1.Though, the complainant had impleaded Amazon.in C/o Dawntech Electronics Pvt. Ltd. as      OP-2, however, notice was issued to OP-1 only by this commission.

Facts necessary for the disposal of the present complaint are that the complainant had purchased a OnePlus TV, 108 cm (43 inches) YSERIES 4K Ultra HD Smart Android LED TV 43Y1SPRO (Black) 2022 Model (B09BVCHLSJF) from Amazon India on 27/04/2022 by paying Rs.29,999/-, which  was delivered on 29/04/2022. 

It has been stated by the Complainant that on 09/07/2022, the product stopped working due the some manufacturing defect for which a complaint was registered with Customer Care on 12/07/2022 vide complaint No.INSI220712040.  On 13/07/2022, one Mr. Akash Rajput visited the residence of the Complainant and after inspection informed that there was defect in the panel, which required replacement.  The complainant was informed as the panel was under warranty of 02 years, therefore, it would be replaced.  

          The complainant has stated that after 13/07/2022, the complainant contacted the customer care several times but the only response he got was “the part is not available, kindly wait 4-7 days”.  The complainant was also informed on 16/08/2022 that the case had been escalated but the LED TV was not repaired till the filing of the present complaint.  The complainant requested OP-1 to replace the TV as the part was not available but the same was declined.  It has also been stated by the complainant that the LED TV is non-functional and lying as trash. 

Feeling aggrieved, by the acts/omission on the part of OP the complainant has prayed for directions to OP to refund the cost of the LED TV i.e. Rs.29,999/- and compensation on account of deficiency in services and mental harassment. 

          The complainant has annexed the tax invoice dated 27/04/2022, correspondence with the customer care of OP through email along with the complaint.

The notice of the present complaint was served upon OP.  Despite service no one appeared on their behalf neither any reply was filed, hence they were proceeded Ex-parte vide order dated 29/11/2022. 

          Ex-parte evidence has been filed by the complainant where the complainant has got himself examined and reaffirmed the contents of the complaint.   He have got exhibited the tax invoice dated 27/04/2022 as Ex.CW1/1, email exchanged between the complainant and OP as Ex.CW1/2, and copy of Aadhar card of the complainant as Ex.CW1/3.

          We have heard the submission made by the Ld. Counsel for the complainant and have perused the material placed on record.  The complainant is aggrieved by the non-functioning of his LED TV within 03 month of purchase and further by the failure on the part of the OP to repair the same.  The complainant has stated that the said LED TV is under warranty.   If we go through the emails annexed with the complaint (Ex.CW-1/2  colly),   it is evident from an email dated 04/08/2022, which is from one namely, Shabana, one of the senior from the escalation Team at One Plus ,that the concern regarding the service had been escalated and the complainant was urged to wait for 7-8 working days.  Further, in another email dated 05/08/2022 the complainant was assured that his case was escalated on high priority.  Another email dated 29/08/2022 which is in response to the mail by the complainant where he has requested for refund of the cost of the LED TV, the same assurance has been provided by the support team of OP.  The complainant has also placed on record the call log to support his claim with respect to the communication with the customer care of OP at OnePlus, Customer support Toll free number “1800-102-8411”.  As OP has been proceeded Ex-parte, the allegations made against them have remained unrebutted.  The complainant has successfully proved that OP not only failed in rectifying the defect in the product manufactured by them but also failed to provide after sale services. Despite, a lapse of two months from the date of defect reported by the complainant OP did not repair the LED TV which is lying redundant with the complainant definitely amounts to deficiency in service on the part of OP.

Therefore, in the facts and circumstances of the present complaint we direct OP-1 (OnePlus India)  to refund Rs.29,999/- being the cost of LED TV along with compensation of Rs.10,000/- on account of mental agony and harassment.  The Complainant is also directed to handover the LED TV to the OP-1, upon receipt of the awarded amount.

This order be complied within 30 days from the receipt of this order else Rs.39,999/- (Rs. 29,999/-+Rs.10,000) shall carry interest @6% p.a. from the date of order till realization.

          Office is directed to supply the copy of this order to the parties as per rules.  Order be also uploaded on the website. 

Thereafter, file be consigned to the record room.

(Harpreet Kaur Charya) Member

(Ashwani Kumar Mehta) Member

                                                         (Divya Jyoti Jaipuriar)

                   President