Realme — Complaint under section 12 of consumer protection act

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
DHOLPUR, RAJASTHAN

Complaint Case No. ______ of 2022

IN THE MATTER OF:

SH. AKASH GOYAL
R/O SETH GALI CHHITARIYA
KA CHOWK, SARMATHURA
DHOLPUR, RAJASTHAN-328026 .. COMPLAINANT

VERSUS

1. REALME INDIA
ADDRES: - 3RD FLOOR, TOWER-B
BUILDING NO.8, DLF CYBERCITY
GURGAON-122002
2. FLIPKART INTERNET PVT.LTD
ADDRESS: - DEVARABEESANAHALLI,
BELLANDUR BUILDING ALYSSA,
BEGONIA & CLOVE EMBASSY
TECH VILLAGE, OUTER RING ROAD
BENGULURU, KARNATKA-560103
3. REALME SERVICE CENTER
PUNJAB NATIONAL BANK, DHOOTKOT ROAD,
DHOLPUR-328001 .. OPPOSITE PARTIES

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 2019 (AS AMENDED UPTO DATE)

MOST RESPECTFULLY SHOWETH:

That the Complainant is the consumer within the purview of the Consumer Protection Act, who has suffered due to the unfair due to deficiency in service of the Opposite Parties.
That the Opposite party No. 1 is engaged in the business of manufacturing mobile handsets besides other electronic equipment’s in India through its various distributors, Opposite Party No. 2 is one of the distributors of Opposite Party No. 1 and Opposite No. 3 is one of an authorized service centre of Opposite No. 1.
That the Complainant had purchased a Realme 6 mobile phone from Opposite Party No. 2 vide Invoice No. FADBZQ[protected] dated June 27, 2020 after making the full payment of Rs. 16999/- (Sixteen thousand Nine Hundred Ninety-Nine) with a warranty of one year. Photocopies of Invoice No. FADBZQ[protected] dated June 27, 2020 is annexed herewith as ANNEXURE-A (colly).
That after 1 year 5 Months on date 28.11.2022 on evening 6 o'clock the mobile started releasing smoke then Complainant threw it on bed thereafter the mobile got a blast as a result of which the blanket caught fire and phone stopped working. The Photos of the blasted phone is annexed herewith as ANNEXURE-B(colly).
That thereafter, the Complainant contacted O.P. No. 1 via toll free no. [protected] and O.P. No. 2 instructed the Complainant to contact O.P. N0. 3 as the O.P. No. 3 is an authorized service centre of O.P. No. 1.
That On 30.11.2022 the complainant rushed to the nearest service centre that is the Opposite Party no. 3 for a check-up and thereby the Complainant was told by one of the executives of the Opposite Party No. 3 that they will forward to company.
That the after 7 days Complainant received call from Opposite No. 3 and executive of Opposite No.3 spoke in rude manner that take your phone back company cannot do anything.
That the Complainant purchased the above said Realme handset on trust of brand from Opposite party No.2 for his personal use and convenience but Opposite Parties 1 and 2 provide him defective goods and deficiency in service from Opposite Parties Complainant life was in danger for which Opposite parties are responsible.
That the Opposite Parties are harassing the Complainant by not providing a new Realme 6 hand set and the same amounts to deficiency of service and unfair trade practices and for which the Opposite Parties are liable to compensate the Complainant.
That the Opposite Parties are liable to pay Rs. 16999/- (Sixteen thousand Nine Hundred Ninety-Nine) towards the consideration amount involved in the purchase of the said hand set.
That the Opposite Parties are situated within the jurisdiction of this Hon’ble Forum. Hence, this Hon’ble Forum is competent to adjudicate the present Complaint.
That the Complaint is within the period of limitation.

PRAYER
In view of the above facts and circumstances, it is most respectfully prayed that this Forum may kindly be pleased to:

direct the Opposite Parties are liable to pay Rs. 16999/- (Sixteen thousand Nine Hundred Ninety-Nine) towards the consideration amount involved in the purchase of the said hand set.
Direct Opposite Parties to pay Rs.10000/- (Rupees Ten Thousand only) towards deficiency in services.
pass any other/ further order(s), which this Hon’ble Forum may deem fit and proper in the facts and circumstances of the present case.

COMPLAINANT
Akash Goyal

VERIFICATION:
Verified at on this _____ day of December 2022 that the contents of para-No. 1-12 of the above complaint are true and correct to my knowledge and belief, nothing is false and no material has been concealed therefrom and Para-Nos. 1-12.

COMPLAINANT
Akash Goyal