District Commission Holds One Plus Technology India Private Limited & Service Provider Liable For Deficiency In Service And Unfair Trade Practices

The District Consumer Disputes Redressal Commission Ernakulam comprising Shri. D.B. Binu (President), V. Ramachandran (Member) and Sreevidhia T.N (Member) held the seller and the manufacturer of a mobile phone liable for deficiency in service and unfair trade practice as the mobile phone displayed defects and the grievances of the Complainant remained unaddressed for a long time. The Bench held that the failure to respond to legal notices strengthened the liability of both the Opposite Parties. Background On 23/12/2021, the Complainant purchased a OnePlus 9R Lake Blue mobile phone worth Rs.43,999 from One Plus Exclusive Service Provider, GEE CELL. The phone was manufactured by One Plus Technology India Private Limited and the Complainant after using the phone noticed a pink line on the phone's display in 2023 after an automatic software update in the phone. On contacting the service centre that promised to avail a free screen replacement to the Complainant, the Complainant faced a delay in getting the new screen due to the unavailability of the screen at the service centre. The Complainant sent emails and was given an option of buyback of 19,000 or to wait for an unspecified time period till the availability of the screen at the service centre. Despite repeated follow-ups, there was no resolution offered to the complainant's problem. The Complainant further claimed that the phone could not install updates without damaging the screen which according to him was a manufacturing defect. Later, in the same year, on 19/09/2023, the Complainant noticed another line on the screen disrupting his professional work. He approached the District Commission alleging deficiency in service and unfair trade practices. Accordingly, the Consumer sought a refund of Rs. 43,999 along with compensation and 1,00,000 for damages and mental agony. Findings of the Commission: The Commission observed that the complainant was a 'consumer' as defined in the Consumer Protection Act, 2019. Citing Section 2(11) of the Act, the Commission held that the approach of the opposite party amounted to deficiency in service. It was held that the seller as well as the service centre did not help the complainant to resolve the issue of pink and green lines on the mobile display after a software update and moreover the promise of a free screen replacement was also not availed to the Complainant. The Commission held the prolonged delay to be a service deficiency. Further citing Section 2(47) of the Act, it was stated that it was an unfair trade practice to introduce software updates that were incompatible with the device. The Commission noted that the failure to respond to the legal notices sent by the Complainant also amounted to negligence. Additionally, the Commission observed that by denying to offer a replacement or repairs and even an alternative resolution, both the manufacture and the seller were accountable for unfair trade services and deficiency in service. The Commission held that the Complainant had faced inconvenience, mental distress, hardships, and financial losses as a result of the negligence of the Opposite Parties. Thus, it was observed that the manufacturer had supplied defective goods and the supplier was responsible for failing to fulfil the warranty obligations. The opposite parties were also held liable for inaction and failure to respond to the legal notices. Therefore, the manufacturer was directed to refund Rs. 43,999 to the Complainant i.e., the actual price of the mobile phone and both the opposite parties were directed to pay Rs. 25000 as compensation for the mental agony, hardship and financial loss caused by the deficiency in service and unfair trade practices. Moreover, an amount of Rs. 10,000 was also ordered towards litigation expenses. Case Title: Hariraj M.R versus One Plus Technology India Private Limited & Anr Case No: CC No. 661 0F 2023 Click Here To Read/Download The Order

District Commission Holds One Plus Technology India Private Limited & Service Provider Liable For Deficiency In Service And Unfair Trade Practices

Syed Nazarat Fatima

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