BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.114 of 2023

      Date of Instt. 06.04.2023

      Date of Decision: 27.06.2023

Naveen Sureka Gali Banke Bihari Batala Road, Amritsar. ashwaniguptaca@gmail.com.

..........Complainant

Versus

One Plus, UB City, 24, Vittal Mallya Road, KG Halli, D’Souza Layout, Ashok Nagar, Bengaluru 560001 BangaloreKA 560001 Through Authorized Signatory and PC 38 PB Jalandhar SLS Services Solutions 185-L, Model Town, Jalandhar Opp. Nikku Park-144003

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       Sh. Rupansh Gupta, Auth. Rep. for the Complainant.

                   OP exparte.

Order

Jyotsna (Member)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant had purchased one plus 9RT from One Plus store in Jalandhar and paid Rs. 46,999/- bearing invoice no JUCTI-0122-01472. The complainant was shocked said phone from beginning as problems like getting stuck and restarting several times in a row while stuck at oneplus logo screen. The complainant went to service station for repair but no resolution till date. The complainant stated that it is completely the company's duty now to refund the complainant for the same which was not in the complainant's control and such issue is a matter of cheating innocent customer like the complainant which is not a matter to ignore. The complainant went to service center two times during warranty period. They kept the phone for 4 hours and formatted the complainant's phone. The complainant had to bear loss of whole data of my phone. Even after that the problems were not resolved and the phone continued to cause problems to the complainant. The complainant also submitted complaint several times on email and through Oneplus phone app but still no resolution was given. The complainant complaint to the company several times and even tried to contact the respondent wherein the respondent's company did not give any proper solution for the same. The respondent's company did not pay single heed to the urgency and importance of the phone trusted by the complainant to the respondent's company and in fact, the complainant faced ignorance from the part of the respondent's company yet being such cordial person. The Complainant states that the complainant raised this issue to the respondent's concern but he was not provided with any vivid resolution, such act of the respondent's is highly unexpected and unprofessional and that the complainant has been extremely harassed during the whole procedure however being deprived of the facilitated service the complainant intimated the respondent concern on several occasions in respect of the above mentioned issue. However, the respondent concern has acted like flogging of a dead horse in order to provide resolution which is extremely unprofessional in nature. The Complainant states that the complainant has not been getting good response from the respondent's end regarding the same given the unjustified, unacceptable and unreasonable delay in providing the same from the respondent's end and intentional lack of cooperation from the respondent concern as a consequence of which, the complainant has suffered severe and grave loss and harassment, in light of the aforementioned intentional act of negligence committed by the respondent concern, the complainant has requested the respondent concern several times for providing the said service but unfortunately, the complainant has got "NO SUPPORT" from the respondent's side to resolve this issue which is utterly unprofessional from the respondent's end being deprived of the facilitated support, the complainant intimated the respondent's concern on several occasions in respect of the said service however, but the respondent concern neglected in order to provide any of the aforementioned support due to the respondent's aforementioned malafide act and conduct, the complainant got duped the hard earned money of the complainant which caused mental tension and harassment and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to duly look into this matter with foremost importance to take necessary steps to render the proper service to the complainant in respect of proper compensation for the harassment. Further OP be directed to pay a compensation of Rs.5,00,000/- for causing mental tension and harassment to the complainant and cost of litigation also.

2.                Notice of the complaint was given to the OP, but despite service OP failed to appear and ultimately, OP was proceeded against exparte.

3.                In order to prove his respective version, the Auth. Rep. of the complainant has produced on the file his respective evidence.

4.                We have heard the Auth. Rep. of the complainant and have also gone through the case file very minutely.

5.                The complainant has purchased one plus 9RT from One Plus Store in Jalandhar on 30.01.2022 for Rs.46,999/-, vide Ex.C-1. As per contention of the complainant, the mobile started giving trouble from the very beginning as it kept on restarting several times, getting struck at one plus logo screen etc. The complainant has placed on record the number of emails and replied to the emails, given by OPs from Ex.C-6 to Ex.C-20. The complainant has not mentioned in his complaint when he lodged the complaint with the OPs first time. However, on going through the emails attached vide Ex.C-6 to Ex.C-20, we find that first email of complaint was sent on 27 March, 2022 i.e. almost two months after the date of purchase. In reply to above email, the OPs replied, vide Ex.C-8 on 28 March, 2022 as under:-

                   ‘We understand your concern and the above thread as   been reported by different devices at different times and is not    specific to a particular software. As it depend on device usage,         apps installed, launcher used and sometimes screen protector or       display damage issue. We cannot clarify until we check the   device or logs. He we request for logs from users and check or      inform them with basic troubleshooting steps. It doesn't work then we request you to check the device in service center.

                   The complainant has mentioned in Para No.3 of the complaint that he went to service centre twice during warranty period, but the OPs could not rectify the defect.

6.                On the other hand, the OPs have not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-20.

7.                In view of the above detailed discussion, the complaint of the complainant is partly allowed and OP is directed to repair the phone as per rules. Further, OP is directed to pay a compensation including litigation expenses of Rs.8000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

8.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

27.06.2023         Member                          Member           President