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Ludhiana: Consumer forum slaps ₹43k fine on phone maker for faulty device
The complainant Arpan Sabharwal, a resident of Rajguru Nagar, Ludhiana, said that he had purchased the OnePlus 7 (Mirror Grey, 6GB RAM, 128GB Storage) on June 4, 2019, through Amazon Seller Services Pvt Ltd and from the very beginning, the device suffered from severe network connectivity issues, making it nearly impossible to use for calls
The District Consumer Disputes Redressal Commission has asked tech giant OnePlus India Pvt Ltd to refund ₹32,999 to complainant Arpan Sabharwal, a resident of Rajguru Nagar, for selling a defective mobile phone. The commission also imposed a penalty of ₹10,000 on the company for unfair trade practices and mental harassment caused to the consumer.
According to Sabharwal, he had purchased the OnePlus 7 (Mirror Grey, 6GB RAM, 128GB Storage) on June 4, 2019, through Amazon Seller Services Pvt Ltd. However, from the very beginning, the device suffered from severe network connectivity issues, making it nearly impossible to use for calls.
He further asserted that despite multiple visits to OnePlus authorised service centre, (Qdigi Ludhiana), and repeated repairs including the replacement of the motherboard and microphone, the issue remained unresolved.
Hence, frustrated by the persistent problem, he filed a consumer complaint on January 29, 2020, seeking a full refund or replacement, along with ₹3 lakh in compensation for mental distress, financial loss, and legal expenses.
Notably, OnePlus India Pvt Ltd and Qdigi Ludhiana failed to appear in court, leading the commission to proceed ex parte, meaning the case was decided in their absence.
However, in response, Amazon, defended its role as a mere e-commerce marketplace with no direct involvement in the sale, which was handled by third-party vendor Rocket Kommerce LLP.
After reviewing the case, the commission, led by president Sanjeev Batra and member Monika Bhagat, held OnePlus guilty of unfair trade practices and deficiency in services.
In its ruling, the court emphasised that since the phone was under warranty, the consumer should not have been forced to visit the service centre repeatedly for unresolved issues within months of purchase.
The commission citing Section 2(10) of the Consumer Protection Act, 2019, ruled that the device had a manufacturing defect, making OnePlus liable for a full refund.
The commission directed OnePlus India Pvt Ltd to refund ₹32,999 to Sabharwal within 30 days of returning the defective phone to the service centre. Additionally, it must also pay ₹10,000 as compensation for the inconvenience caused. If the firm fails to comply with the order, an 8% annual interest will be applied to the refund amount.
