BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE, TAMIL NADU COMPLAINT NO. 127/2022 IN THE MATTER OF: SRINIVASAN THANIGAIVEL .COMPLAINANT Versus REALME MOBILE TELECOMMUNICATIONS .-OPPOSITE PARTY INDEX SR. No. PARTICULARS DaTE PAGES 1. Reply on behalf of the Opposite Party Verification ‘Affidavit PLACE: (_) DateD: ADVOCATE COUNSEL FOR THE OPPOSITE PARTYFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE, TAMIL NADU COMPLAINT NO. 127/2022 IN THE MATTER OF: SRINIVASAN THANIGAIVEL «COMPLAINANT Versus REALME MOBILE ‘TELECOMMUNICATIONS ..OPPOSITE PARTY REPLY ON BEHALF OF THE _REALME MOBILE TELECOMMUNICATIONS (INDIA) PRIVATE LIMITED ~ THE OPPOSITE PARTY (HEREIN REFERRED TO AS THE “ANSWERING OPPOSITE PARTY”). Most RESPECTFULLY SHOWETH: 1. That the Consumer Complaint under reply is being filed against «REALME MOBILE TELECOMMUNICATIONS (INDIA) PRIVATE LIMITED” the Answering Opposite Party. The present Written Statement is being filed by the answering opposite party which has its Registered Office at 3rd Floor, Tower-B, Building Number 8, DLF Cyber City, Gurugram-122002, Haryana, India. 2, At the outset, the Answering Opposite Party deny, with vehemence, each and every statement/submission and contention set forth in the Complaint to the extent the same is contrary to and/or inconsistent with the true and complete facts of the case and/or the submissions made/to be made on behalf of the Answering Opposite Party. The Answering Opposite Party further humbly submits that except for what is expressly and specifically admitted, nothing in the Complaint be deemed to have been admitted by the Answering Opposite Party, and th contents of the Complaint unless admitted specifically by ‘Answering Opposite Party may be read as travesty of facts.PRELIMINARY OBJECTIONS / SUBMISSIONS: - 1. That at the very outset it is humbly submitted that the instant consumer complaint (hereinafter referred to as “complaint’) is not only completely devoid of merit but amounts to blatant and flagrant abuse of the procedure established under the consumer laws of the country. The complaint, without doubt, is a vexatious and petulant litigation, filed with mala-fide and motivated intention aimed at harassing, harming and humiliating the Answering Opposite Party. The complaint is ex- {facie false, erroneous, flimsy, misconceived and built on self- serving assumptions and interpretations. The complaints like the present complaint deserve to be treated with judicial disdain and unqualified opprobrium since they are meant only to waste the precious time of the Hon’ble Forum. 2. That the Complainant has not approached this Hon'ble Consumer Forum with clean hands, which per ipsum disentitles them to invoke the jurisdiction of this Hon’ble Consumer Forum for the desired relief. With regard to the averments made in the complaint, the Complainants are guilty on two counts: a) they have wilfully and with fore-knowledge, withheld true and complete facts and b) have resorted to distortion of material facts, exhibiting scant regard for propriety and procedure. There has been selective presentation of facts and further the chronology of the events leading to the filing of the complaint has been cleverly tweaked in order to show the Respondents in poor light. There has been a deliberate and dubious attempt on the part of the Complainant to mislead this Hon’ble Forum. 3. It is submitted that under the CP Act 2019, the liability of product manufacturer arises in case of any (a) ManufacturingFACTS OF THE CASE: the product does not conform to the express warranty; or (¢) the product fails to contain adequate instructions of correct usage to prevent any harm or any warning regarding improper or incorrect usage or (f) service provided is faulty, inadequate and deficient. The complainant has failed to prove any of such condition in the complaint so complaint should be dismissed out-rightly. 4. In this case, there is no expert opinion with Complainant under Section 38 of the Act to show that the product in question has/had inherent defect or the fault arose due to some manufacturing defect. 5. This Complaint deserves Dismissal on the sole ground that Complainant has not asked any relief from this Hon'ble Commission Bachhaj Nahar vs Nilima Mandal & Ors on 23 September, 2008 Supreme Court of India it is clearly mentioned as “A Court cannot make out a case not pleaded. The court should confine its decision to the question raised in pleadings. Nor can it grant a relief which is not claimed and which does not flow from the facts and the cause of action alleged in the plaint.” ‘The following facts are shared and same are reproduced as ‘under for reference of the Hon’ble Consumer Commission: 1. That the complainant has stated the false facts and tried to hide the real facts of the instant case in order to support his claims. ly a 2. To clarify, the Complainant has Purchased Realme 3 Pro. humbly submitted that in this impugned case there is no issue in the device however Complainant himself has damaged hischarging cable for which he wants to purchase the new however since device of Complainant is 3 years old that particular model is an End-of-Life model so opposite party offered Complainant an alternate model cable that is compatible with his device however he is not ready to accept that and asking for the same cable which is practically impossible. 3. That there is no deficiency from Answering Opposite Party side as they have never denied for the service to Complainant and whenever Complainant contacted Opposite party best resolution was provided to him, It is Complainant who is not cooperating and illegally filed this Complaint with a malafide intention. 4. That no deficiency in service or unfair trade practice can be attributed to the Answering Opposite Party. At this junction, the Complainant has come up with a concocted story to harass the ‘Answering Opposite Party, and asking for compensation even after the all possible/ reasonable extensions given by the Answering Opposite Party. Para-WISE REPLY ON MERITS: 1 As the Complainant has not filed the said Complaint in Paragraphs, ‘Answering Opposite Party is not in a position to reply on merits. 2 Complainant has not asked any relief from this Commission, on this ground the said Complaint deserves Instant dismissal. PRAYER In the light of the facts and circumstances of the case and in the light of the submissions made herein above, it is most humbly submitted that this Hon’ble Forum maybe pleased to:5 Dismiss the present complaint qua the Answering Opposite Party, as the same is baseless and not maintainable Awards the cost of the present proceedings in favour of the Answering Opposite Party; and » Any other order or direction, which the Hon'ble Forum may deem fit and appropriate in the circumstances of the case, may also kindly be passed against the Complainant ‘The Complainant is also not entitled to claim any relief either in law or in equity against the Answering Opposite Party. It is prayed accordingly. PLACE: DATED: ADVOCATE COUNSEL FOR THE OPPOSITE PARTY VERIFICATION: Verified that the contents of initial Para nos. 1 and 2, Para Nos. 1 to 4 of the Preliminary Submissions, Para Nos. 1 to 4 of the facts of the case and Para Nos. | to 2 of the Para-wise reply on merits are true and correct to my knowledge. No part of it is false and nothing material has been concealed therein, PLACE: DATED: DEPONENTBEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE, TAMIL NADU COMPLAINT NO. 127/2022 IN THE MATTER OF: SRINIVASAN THANIGAIVEL «COMPLAINANT Versus REALME MOBILE TELECOMMUNICATIONS ...OPPOSITE PARTY AFFIDAVIT I, Gaurav Sachdeva, being the Authorised Representative of the Realme Mobile Telecommunications (India) Private Limited, having its registered office at 3rd Floor, Tower B, Building no 8, DLF Cyber City Gurgaon, Haryana, 122002, India, do hereby solemnly affirm and declare as under:- 1. That the deponent is the duly Authorised Signatory of the Answering Opposite Party in the aforesaid complaint and is well conversant with the facts of the present case. 2. That the contents of the accompanying Reply to the Complaint are true and correct to the best of my knowledge as per the records maintained by the company, and the same are not being reproduced herein for the sake of brevity. 3. That the annexure (if any) attached to the accompanying Reply are true Copy of their originals.VERIFICATION: Verified at ... on day of , 2022 that the contents of Para No. 1 to 3 of my above affidavit are true and correct to the best of my knowledge as per the records maintained by the company. No part of it is false and nothing material has been concealed there from. Deponent nonartienanealme CERTIFIED TRUE COPY OF THE BOARD RESOLUTION PASSED AT THE MEETING OF THE BOARD OF DIRECTORS OF REALME MOBILE TELECOMMUNICATIONS (INDIA) PRIVATE LIMITED HELD ON MONDAY, 17™ DAY OF OCTOBER, 2022 AT 10:00 A.M. AT THE REGISTERED OFFICE OF THE COMPANY AT 3"° FLOOR, TOWER B, BUILDING NUMBER 8, DLF CYBER CITY, GURUGRAM-122002, HARYANA, INDIA : Authorization in fav a ch M. tt “RESOLVED THAT in supersession of earlier resolution passed by Board of Directors, Mr. Gaurav Sachdeva (PAN: FSVPS1724R), AGM-Legal & Secretarial be and is hereby authorized on behalf of Company to do the following unless revoked in writing: 1. Tosign/execute, authenticate and submit all kind of information, replies and documents as may be required to the various authorities, Government Department/Authority including but not limited to all civil and criminal court in India including consumer court i all states in India. To appear and represent the Company before various Government authorities ie. Central and State both including but not limited to Judicia/Quast- Judicial Authorities as the case may be. 3. To sign/execute all kind of contracts/agreement/bond/documents including but not limited to the Marketing Agreement, Advertising Agreement, Rent Agreement and other miscellaneous ‘agreement required for the day to day operation on behalf of Company. 4, Toile petition, applications, appeal before any Civil and Criminal Court, Consumer Court, High Court and before any appellate Authority on behalf of Company. 5. To delegate any of the above power to any subordinate/any other employee of the Company by way of authority letter in his favour or signing Power of Attorney to do any of the above act oF to represent the Company before any of the above mentioned authorities and to engage advocates or professional consultant on behalf of the Company, if required, 6. To affix Company stamp on various documents, agreement, deeds and any other document as may be required on behalf of Company.’ Certified True Copy For and on behalf of Board For Realme Mobile Telecommunle: ns (India) Private Limited Director Ue DIN No: 01634318 REALME MOBILE TELECOMMUNICAT TE LIMTED EOISTERED OFFICE 34 Fl Tower-8,04 bad KaPaNe LOE Cyber Cn cman a Orr Sar Sozoniaoieercoeot Conticrwn sas-areries mas, ar