DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 29TH DAY OF JULY, 2024.
PRESENT : SRI. VINAY MENON .V, PRESIDENT
: SMT.VIDYA A., MEMBER.
: SRI. KRISHNANKUTTY N.K, MEMBER.
DATE OF FILING: 09.02.2024.
CC/59/2024
Madhu VK, S/o. Mohankrishnan.V.K, - Complainant
Velayadikode House, Nannamukku PO,
Malappuram District,
Kerala, India-679 575.
(Party-In-Person)
Vs
1. One plus technology India pvt. Ltd., -Opposite Parties
UB city, 24, Vittal Mallya Road,
KG Halli, D’souza layout,
Ashok Nagar, Bengaluru-560 001.
2. One plus Exclusive Service Centre,
Hira Building, Municipal No. New 213 (old #5),
Ward No.76, Richmond Town,
Brigade Road,
Bangalore-560 001.
3. One plus Authorised Service Centre,
Officer #15, 21/917, First Floor,
Prime complex, Menna Nagar Colony,
Kalmandapam, Palakkad-678 013.
(All Ops Ex-parte)
ORDER
BY SMT.VIDYA A., MEMBER.
1. The complainant purchased a OnePlus 9 5G phone from Reliance mall, Nagarcoil, Tamilnadu on 08.03.2022 for an amount of Rs.56,297/-. He purchased the phone for his wife who is working as principal in a CBSE school for meeting her professional requirements.
On 2nd week of January, 2024, there was an automatic software update imitated by OnePlus company, and unfortunately it resulted in damage to the screen. The auto-update process began on midnight and next day morning, they noticed a vertical green line on the screen. This issue was not present prior to update and the complainant believes that the issue was caused by the software update.
The complainant contacted the authorised service centre, GIZMOTEK located in Palakkad and they instructed him to bring the phone. On reaching the service centre, the first step required was to back up all the data on the device and they asked to submit the device. When he requested assistance from the service centre staff, they denied. He submitted the phone during his next visit on 31.01.2024. Subsequently, he received a mail from one plus offering a voucher amount of Rs.33,999/- as compensation. This voucher was limited to purchasing a specific model NOD3 with 8 GB RAM and 128 GB ROM from one plus online. It does and not match the specifications of his device and does not meet the requirements of his wife’s professional use. Further, on checking in online, he found its price as Rs.28,999/-.
He contacted one plus through E-mail to address his grievance and they informed him that only the voucher provided could be used and if he choose to purchase a device valued Rs.28,999/- the difference would not be refunded. He lodged a complaint and received reply from oneplus indicating that they would replace the voucher with Rs.32,000/- which can be used to purchase any one plus mode. Even with the order, the complainant would incur a financial loss as the available similar specification model cost is Rs.45,999/-. Thus, he would incur a total loss of Rs.44,796/- and it is the result of their negligence.
The act of the opposite parties caused financial loss and mental strain. Despite his attempts to seek a resolution, one plus have confirmed through mail that they are unable to provide any further assistance. So, he approached this Commission for the following reliefs.
1. To direct the opposite parties to refund the value of the phone or provide another available similar specification model with the same price.
2. To pay a compensation of Rs.2 lakhs as compensation for the mental stress, loss of time and financial loss incurred by the complainant and his wife.
3. To pay cost of the litigation.
2. After admitting the complaint, notices were issued to the opposite parties. Even after they receiving notice, they did not appear or file version. So, their name was called in open court and set ex-parte.
3. Complainant filed proof affidavit and Exts.A1 to A5 marked from his side.
4. The complainant’s case is that he purchased a OnePlus 9 5G phone on 08.03.2022 for an amount of Rs.56,297/- with specification Ram 12 GB/Rom 256 GB and had one year extended screen protection plan.
During the 2nd week of January, 2024 there was an automatic software updation initiated by OnePlus which resulted in damage to the screen and vertical green lines appeared on the screen.
He entrusted his phone with their service centre at Palakkad. Next day, the complainant received a mail offering a voucher amount of Rs.33,999/- as compensation. But this voucher was limited to purchasing a specific model NOD3 with 8 GB RAM and 128 ROM from online. This model did not match specifications of his device and was not sufficient to meet his needs. Further, on checking its price in the online, he found its price as Rs.28,999/- only.
So, he again lodged a complaint and they replied that they would replace it with voucher for Rs.32,000/- which can be used to purchase any OnePlus model. But the complainant did not accept this offer also as it will again cause him substantial financial loss.
5. In order to prove his case, the complainant produced 5 documents which were marked as Exts.A1 to A5.
Ext.A5 is the print out of the “life time screen warranty details” published on the one plus website. In this, the opposite parties offered “life time screen warranty” to users with phones that have a green line display fault. Further, on select OnePlus 8 and 9 series devices, they offered a voucher which provide the user with a fair percentage of the device value to upgrade to a new one plus device.” As per Ext.A5, one plus is offering one plus 8 pro, 8 T, 9 and 9R owners with a green line fault, a discount voucher to upgrade to a new one plus smart phone.
6. From the evidence adduced it is clear that the opposite parties had admitted that a particular brand manufactured by them had a problem and they have made offer to the purchaser to make good their loss. The voucher worth Rs.32,000/- offered to the complainant seems to be appropriate considering the phone’s depreciation value for use for nearly two years.
7. But there is deficiency in service on the part of the opposite party because the complainant had to suffer financial loss and mental agony due to their acts. According to the complainant, the automatic software update initiated by the opposite parties had resulted the damage. The evidence adduced also confirms that. So, the opposite parties are bound to compensate the complainant for their deficiency in service.
Hence, the complaint is allowed with a direction to the opposite parties;
1) To provide the mobile phone with the voucher worth Rs.32,000/- as per their offer or in the alternative to pay the amount in the voucher.
2) To pay Rs.25,000/- for their deficiency in service and Rs.15,000/- as compensation for the mental agony and financial loss caused and Rs.5,000/- as cost of the litigation.
Pronounced in open court on this the 29th day of July, 2024.
Sd/-
VINAY MENON .V, PRESIDENT
Sd/-
VIDYA A., MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: The one plus 9 5G invoice dated 08.03.2022, issued by Reliance Digital Nagarcoil.
Ext.A2: Received voucher and mail from one plus.
Ext.A3: E-mail conversations with one plus customer support team.
Ext.A4: Whatsapp communications with one plus customer support team.
Ext.A5: Print of life time screen warranty details published on the one plus website.
Document marked from the side of Opposite party: Nil
Witness examined on the side of the complainant: Nil
Witness examined on the side of the opposite party: Nil
Court witness: Nil
Cost : 5,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5)of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
