PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-119/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Subham Agrawal, 

S/O- Dr. Purusottam Agrawal,

Radha Niwas, Jalangali Farm Road,

Sambalpur, Odisha-768002.

Mob-8280051051.                                                                  …………........Complainant

Vrs.

OnePlus Technology India Private Limited,

UB City, 24 Vittal Mallya Road, KG Halli, D’souza Layout,

Ashok Nagar, Bengaluru-560001.                                           .…...…….Opp. Party

Counsels:-

1. For the Complainant         :- Self
2. For the O.P. No.1 & 2        :- Ex-parte

Date of Filing:01.08.2023,  Date of Hearing :05.12.2023  Date of Judgement : 05.02.2024

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant has purchased a oneplus 11R 5G smartphone, Galactic Silver variant, with 16GB and 256GB storage, from the official website of the OP on 21th February, 2023 with a warranty of one year. Upon receiving the phone on the 2.3.2023 and commencing usage on 6.3.2023, the Complainant noticed a significant issue with the device, specifically excessive battery drainage, which was brought to the attention of the OP’s Customer Support team on 8.3.2023. Despite following the troubleshooting advice provided by the Customer Support representative, the issue persisted. When the issue remained unresolved, the Complainant registered a complaint on the OnePlus Care app on 18.3.2023. The device was then collected from the Complainant’s address on 20.3.2023 by an authorized OnePlus partner namely Aditya. On 22.3.2023, the OP’s service center informed the Complainant that the issue was related to the software, which was subsequently updated. On 3.4.2023 at 2.05pm, the Complainant received the device, only to discover numerous scratches on the side panel and a damaged screen guard. Upon discovering such damages the Complainant immediately, at 2.08pm, contacted the OP’s Customer Support app and provided photographic and video evidence of the damage via the OnePlus Care App and via email, to which the OP responded but failed to resolve the issues. Despite the Complainant’s repeated attempts to communicate with the OP’s customer care representatives through channels, including emails, WhatsApp, and other means, the OP continues to demand an unboxing video as necessary evidence to resolve the issue without providing any prior notice or indication of such requirement. The Op failure to disclose the necessity of an unboxing video or provide evidences of mishandling during delivery or servicing indicates their unfair trade practice and lack of adequate support and service.
2. The OP is set ex-parte.
3. From the facts above it is seen that the O.P did not take necessary step to solve the issue of the Complainant nor replaced the smartphone. Hence the O.P is deficient in service. When very purpose of purchase of the product is frustrated, the O.P. is deficient in service.

                     Accordingly the case is ordered.

ORDER

The O.P is directed to replace the defective Smartphone with a new device of same model or refund the cost of the Smartphone with 9% interest from the date of purchase, Rs. 50,000/- as compensation towards mental agony and harassment and Rs. 10,000/- to the Complainant within 30 days from the date of order, failing which the amount will carry with 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 5^th day of Feb, 2024.

Free copies of this order to the parties are supplied.