Chandigarh

DF-II

CC/612/2018

Saahil Soni - Complainant(s)

Versus

Oneplus India - Opp.Party(s)

Mohit Jaggi Adv.

15 Feb 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	612/2018
Date of Institution	:	05.11.2018
Date of Decision	:	15.02.2019

 

                                       

                                               

Saahil Soni son of Mr.Ravinder Kumar Soni age about 35 years r/o H.No.5172, Ground Floor, Modern Housing Complex, Manimajra, Chandigarh -160101

                                ...  Complainant.

Versus

 

1. Oneplus India Office at : Oneplus Kiosk, Plot No.177, Elante Mall, 178-178A, Purv Marg, Industrial Area, Phase-I, Chandigarh -160002 through its Branch Manager.

 

2. Oneplus India, Registered  Office Address : 46, High Grounds, Sampangi Rama  Nagar, Bengaluru, Karnataka-560001 through its Director.

 

3. Aneplus India, Authorized Service Centre: X-Zone, SCO No.54, First Floor, Sector 30-C, Chandigarh through its Service Manager.

…. Opposite Parties.

 

BEFORE: SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by: 

Complainant in person.

                OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, he purchased a mobile phone make Oneplus 6 vide Invoice dated 21.05.2016 for Rs.39,999/- having rain resistant feature.  On 06.06.2018, he had gone for seven days trek with 15 other friends to Indrahar Pass (Distt. Kangra), H.P. and on the fourth day while descending from Indrahas Pass, it rained for some time and considering the mobile phone to be rain resistant, he was rest assured that nothing would happen to it. However to his utter dismay, the mobile phone did not work after some time.  On reaching Chandigarh, he approached the service center i.e. OP No.3 on 13.06.2018 who told him to get in touch with Oneplus Support as they were unable to fix the mobile phone.   He approached Oneplus Support who asked the complainant to send the mobile phone to their exclusive service centre at New Delhi (through their service provided through Servify). The mobile phone in question was picked up on the next day by Servify. After few days, he got a call from the service centre that the motherboard and display of the mobile phone were damaged and the same were required to be changed on payment of Rs.24,000/-.  However, he refused to pay the same on the ground that the mobile phone is having rain resistant feature.  It has further been averred that the OPs have refused to repair the mobile phone free of cost despite his repeated requests and service of the legal notice.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         Despite due service through registered post, the OPs failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 11.01.2019.
3.         We have heard the learned counsel for the complainant and have gone through the documents on record.
4.         In his exparte   evidence, the complainant has tendered his duly sworn affidavit reiterating the averments made in the complaint along with the supporting documents.   He has also tendered into evidence invoice dated 21.05.2018 vide which he purchased the mobile phone in question.   According to the complainant, the mobile phone in question purchased by him was proclaimed to be rain resistant by the OPs.   He has also drawn our attention to the claims of the OPs regarding the mobile  phone in question given on the website which reads as under:-

                “Water Resistant

GUARD AGAINST RAIN 

“The OnePlus 6 is dust, splash, and water resistant, and was tested under controlled laboratory conditions. Dust, splash, and water resistance are not permanent conditions, normal wear and tear may decrease resistance over time. Do not attempt to charge or use the USB Type-C port of a wet OnePlus device, please refer to the support page for drying instructions. Liquid damage is not covered under warranty.”

5.         We are of the view that if the mobile phone was proclaimed to be water resistant (guard against rain) then it should have certainly withstood the test of rains  but on the contrary, it stopped working and as such the OPs were duty bound to repair the mobile phone, free of cost, as the same was well within the warranty period but they did not do so.   Besides this, the OPs did not put in appearance either in person or through their representative/Counsel despite due service to rebut the allegations made in the complaint.  In this view of the matter, the OPs are proved to be deficient in service as also indulged into unfair trade practice by not rendering the promised services within the warranty period to the complainant.
6.         In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed. The same is accordingly allowed. The OPs are directed as under :-
   1. To make the mobile phone in question fully functional by effecting the necessary repairs and replacing the defective parts, if any, free of cost.
   2. To pay Rs.2,500/- as compensation for mental agony and harassment caused to the complainant
   3. To pay Rs.5,500/- as costs of litigation. 
7.         This order be complied with by the OPs, within 45 days from the date of receipt of its certified copy, failing which the amounts at Sr.No.(ii) & (iii) above shall carry interest @9% per annum from the date of this order till actual payment besides compliance of other directions.
8.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

15.02.2019                                                            sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER