Kerala

Thiruvananthapuram

CC/16/2023

Arun - Complainant(s)

Versus

oneplus - Opp.Party(s)

29 Sep 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

 

PRESENT

 

                                     SRI.P.V.JAYARAJAN        : PRESIDENT

         SMT.PREETHA.G.NAIR    : MEMBER

                                     SRI.VIJU.V.R.                 : MEMBER

CC.NO.16/2023 (Filed on: 18/01/2023)

ORDER DATED : 29/09/2023

COMPLAINANT

Arun S Dharan,

S/o.K.K.Sasidharan,

Aiswarya, KP 10/145 A, Palamvila Lane,

Ambalamukku, Peroorkada.P.O

Trivandrum, Pin code – 695005

(By Adv.Janaki.P)

VS

OPPOSITE PARTIES

1. One Plus Technology Co.Ltd,

UB City, 24, Vittal Mallya Road, KG Hali,

D’Souza Layout, Ashoka Nagar,

Bengaluru, Karnataka, Pin – 560001

Rep.by its Managing Director

2. The Manager,

One Plus Technology Co Ltd,

UB City, 24, Vittal Mallya Road,

KG Hali, D’ Souza Layout,

Ashoka Nagar, Bengaluru,

Karnataka, Pin – 560001

3. The Manager,

One Plus Exclusive Service Centre,

2.  

Pattom, Thiruvananthapuram,

Kerala – 695004

1.  

4. The Manager,

Amazon Easy Store, TC17/1760(2), Sivani Building,

Opp Market, Nethaji Road,

Poojappura, Trivandrum, Pin – 695012

(OP4 deleted as per the order in

IA.No.286/23 dtd : 26/07/2023)

 

 

 

ORDER

SMT.PREETHA.G.NAIR  :MEMBER

1.       The complainant has filed this complaint under section 35 of Consumer Protection Act 2019. The brief facts of the case is that the complainant had purchased a One Plus 8 Pro mobile phone from Amazon India on 09/09/2020 for an amount of Rs.59,999/- (Rupees fifty nine thousand nine hundred and ninety nine only). The complainant has been using the mobile phone with due care and diligence and has updated the software wherever the system prompts for a software update. However, soon after the update during the month of August 2022, the complainant has noticed one white vertical line on the screen, which then turned to green. The damage caused to the device is solely due to the software update. The complaint was raised with One Plus Care Application during September 2022. The executive, who attended the complaint, had acknowledged the persisting issue reported during updation on similar other devices and the complainant was assured about replacement of the display and instructed to handover the device to its collection agent. As such, the device was handed over to the collection agent on 15/09/2022 upon proper acknowledgment. After few days later, the complainant was intimated that his request was rejected as a small scratch was identified on the device, which was alleged to be the cause of damage. Complainant has intimated the executive about the similar complaints raised by consumers across the country on online platform. But the executives were not ready to solve the problem of the mobile phone and the device was returned to the complainant on 30/09/2022. During the span of six months new lines appeared in the screen, one by one, showing sheer degradation of display. The damage caused due to the software update proposed by first and second opposite party caused immense problems to the complainant. On 05/12/2022 the complainant approached the third opposite party with a request to replace the device. But they were not ready to accept the fault and were adamant that the software update issue is reported in other models except the one owned by the complainant. The act of the opposite parties 1 to 3 amounts to deficiency in service, hence this complaint.

2.       Even though the opposite parties 1 to 3 received notice; the opposite parties 1 to 3 did not appear before this commission and opposite parties 1 to 3  were  set exparte.

3.       Issues to be ascertained:

1. Whether there is any deficiency in service from the side of opposite parties 1 to 3?
2.  Whether the complainant is entitled to get the reliefs?

4.       Issues:-

The complainant has filed proof affidavit in lieu of chief examination and has produced four documents which were marked as Exts.A1 to A4. It is evident from Ext.A1 that the complainant has purchased a One Plus 8 Pro mobile phone for an amount of Rs.59,999/- (Rupees fifty nine thousand nine hundred and ninety nine only) and also it can be seen from Ext.A4 that the mobile phone will be collected by the logistics agent from the complainant on or before 16^th September 2022. On going through Ext.A3 series it can be seen that some white lines are seen on the display of the mobile phone. The opposite parties 1 to 3 did not turned up. Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence putforth by the complainant. The opposite parties 1 to 3 are bound to rectify the problem occurred to the complainant’s mobile phone. But they haven’t done that. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case. The act of the opposite parties 1 to 3 amounts to deficiency in service,  hence the opposite parties 1 to 3 are liable to compensate the complainant.

               In the result, complaint is allowed.   The opposite parties  1 to 3 are jointly and severally directed to replace the device with a new one of the same specification or else pay Rs.59,999/- (Rupees fifty nine thousand nine hundred and ninety nine only) to the complainant and pay Rs.15,000/- (Rupees fifteen thousand only) as compensation for the mental agony suffered by the complainant and pay Rs.2,500/- (Rupees two thousand and five hundred only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the entire amount except cost carries interest @ 9% per annum from the date of order till realization.

                                 A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

                  Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 29^th day of September 2023.

 

                                                                                          Sd/-

P.V.JAYARAJAN   : PRESIDENT

 

 

                                                                                            Sd/-      

  PREETHA .G.NAIR: MEMBER

 

 

                                                                                               Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

Be/

 

 

APPENDIX

CC.NO.16/23

List of witness for the complainant

PW1            - Arun S Dharan

List of Exhibits for the complainant

Ext.A1                  - Copy of invoice

Ext.A2 series         - Copies of images of mobile phone

Ext.A3                  - Colour photographs of the device

Ext.A4                  - Copies of text message

List of witness for the opposite parties – NIL

List of Exhibits for the opposite parties - NIL

                                                                                                       Sd/-

                                                                                                PRESIDENT