District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.91/2023.
Date of Institution: 08.02.2023.
Date of Order: .05.04.2023.
Madhav Bharti S/o Umesh Bharti 5L/64A, NIT, Faridabad – 121001, Haryana.
…….Complainant……..
Versus
1. Oneplus Service Center, SCF 135, Sectyor-17, Faridabad, Haryana.
2. Oneplus India, UB City, 24, Vittal Mallya Road, KG Halli, D’Souza Layout, Ashok Nagar, Bengaluru – 560 001.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana…………Member.
PRESENT: Sh. Madhav Bharti in person.
Opposite party exparte vide order dated 01.03.2023.
ORDER:
The facts in brief of the complaint are that the complainant purchased “Oneplus Buds 22” on 26.12.2022 through Oneplus mobile app and received it the next day i.e.27.12.2022. While using the buds till 29.12.2022, he faced some issues like automatic disconnect, weird call sound and ANC was not working properly as well.Regarding thise issues he visited service centre located at Sector-17, Faridabad, Haryana on 30.12.2022 and recollected the product on 31.12.2022, they told him everything was fine with the buds and he should get his mobile software checked/updated as he was using Xiaomi (Redmi) mobile and it sometime happens with that. Later that day while using the buds, he again faced same problem and notices some damages (crack & dent) on the buds. He immediately called helpline No. 1800-102-8411 to register his complaint and they referred him to contact the support tam on whatsapp, where he got connected with Shwetha and provided images of the damaged product on the same day i.e. 31.12.2022 and she asked for repair reference No. (job sheet No.) which he did not had at that moment. So he called customer care on 01.01.2023 to get that reference no. He again contacted the support team on whatsapp on 02.01.2023 and provided his job mobile NO. IN08119H221230004, the support team member (Sujay) studied his case and gave him assurance for the replacement of the product and toke him wait for 24-48 hours again. By calling them on 03.01.2023 he got to know that his complaint had not been raised and then he requested them to raise his complaint. On 04.01.2023 he had been told that his complaint had been rejected due to delay and this got him very frustrated because the delay was form Oneplus side not mine. After that he told them to either reopen his case or he would complain through consumer court and then finally he got response from Oneplus Support Team Member (Prithvi Raj) through mail asking for proof (packaging video or product images) before sending the buds to the service centre, he even sent the video multiple times (10 to be exact) through mail and then he was told that his mails had not been received by Oneplus. When he did not get any response till 09.01.2023, he called customer care and then they told him that “assurance of replacement for the product was just a miscommunication from the team member both the times. On 09.01.2023 he received a mail from Prthivi Raj (Oneplus Support Team Member) and he told him to wait for 5-7 days. When he called after the week they told him wait and they kept on stalling for a week more and in between this time gap he raised many requests regarding a callback or any type of answer from the Expert Team but unfortunately he hadn’t received any response from the team. When he didn’t got any any response till 20.01.2022 he called the customercare for the status regarding his complaint, then he received a mail from Prthivi Raj to wait for 3-5 days more and on 26.01.2023 he mailed Oneplus for the final time that either gave him solution or he was going for legal action. The next day i.e. 27.01.2023 he got another mail from Prithvi Raj for telling that his case was in progress and wait further more for 2-5 days. On 27.01.2023 he filed a grievance on National Consumer Helpline against oneplus regarding all the delay and not providing any genuine response regarding the replacement/refund and this complaint was also got disposed off stating that the product was damaged and it did not come under warranty bu8t his product had been damaged from the service center and not form his end. The complaint was started on 31.12.2022 and from then till today (07.02.2023) he had called more than 40 times and contacted 3 times on whatsapp support help and email as well. They didn’t told him to visit any service center once and when he asked them even then they told him not to worry as the team was validating his case by a thorough investigation and now suddenly they told him its fault that he didn’t visit the service center. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) pass an award of Rs.4999/- as the refund of the product which he had purchased from their official app.
b) Pass an action regarding the replacement of the damaged product.
b) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 10,000 /-as litigation expenses.
2. Registered notices were sent to opposite parties not received back in any form. Tracking details filed in which it had been mentioned that “Item Delivery Confirmed”. Mandatory period of 30 days expired. Case called several times since morning but none had appeared on behalf of opposite parties. Hence, Opposite parties were hereby proceeded against ex-parte vide order dated 01.03.2023.
3. The complainant led evidence in support of his respective version.
4 We have heard learned counsel for the complainant and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite part –Oneplus Service center with the prayer to: a) pass an award of Rs.4999/- as the refund of the product which he had purchased from their official app. b)Pass an action regarding the replacement of the damaged product. b) pay Rs. 50,000/- as compensation for causing mental agony and harassment . c) pay Rs. 10,000 /-as litigation expenses.
To establish his case, the complainant has led in his evidence Tax invoice, whatsapp messages, emails, grievance details.
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite parties have not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite parties have rendered deficient services to the complainant. Hence the complaint is allowed against opposite parties.
7. Opposite parties jointly & severally, are directed to refund the amount of Rs.4236.44 alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. Taxable amount will not be refunded. Opposite parties are also directed to pay Rs.2200/- as compensation for causing mental agony & harassment. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 05.04.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
