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BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

AT TIRUPUR

C.C.No 67 OF 2024

Between:
Gowthaman Ganeshan
9790502720
…Complainant
VS

1) Xiaomi technology India private limited (ex party)

2) Flipkart India private, limited (ex party)


Opposite parties

PROOF AFFIDAVIT OF COMPLAINANT

EXPLANATION OF LIST OF DOCUMENTS

Notes: In India maximum recorded temperature 51 C.


As a customer we assume All mobile's are able to work normally at 51 C in India without any
health, safety hazard.

World No #333 corporate company Xiaomi (OP 1) selling mobiles in the names of xiaomi,
redmi, mi, poco.

1) Aadhaar card Xerox (Complainant)

2) Flipkart invoice bill (22-06-2023)


Ordered Redmi k50i 5G mobile

3) Redmi K50i 5g user manual (23-06-2023)


"Operating temperature 0-40C"

Xiaomi didn't mention or show this in the advertisement, product page at Xiaomi website.
According to Xiaomi Using this mobile above 40 C temperature can cause the device to overheat.
This leads to mobile on fire, health hazard, all components failure, reduced battery health, display
burn in, motherboard dead, data loss. So It's not safe to use this mobile in India.
Even if Xiaomi gives a new mobile as replacement under warranty period that is also facing the same
issues.
After the warranty period is over, customers need to spend money to repair this mobile again and
again because of its "design flaw".
In Xiaomi mobiles advertisement they are saying high brightness display so customers are able to see
the letters clearly at Direct sunlight, the latest technology cooling system used to cool the mobile. So
this is a " false advertisement" about this product.
Due to not having a proper cooling system in Xiaomi mobiles all customers are not able to do basic
tasks in this mobile like video recording with flash light on. In the AC Room at Xiaomi service center,
within 3 minutes the torch light turned off with an error message showing "Your device is overheated
and you can't use the torch now". That's clear proof of not giving a proper cooling system even under
40 C.
Device overheated means the processor is going above its maximum operating temperature of 65 C.
Processor is a system on chip "SOC" which includes a temperature sensor to monitor.
Ex: processor is like an engine in a car.

4) Flipkart response to my complaint (25-06-2023)

Delivered on 23/06/2023 evening.


I found multiple issues (touch not working properly, battery percentage reduced quickly, not getting
proper signal in mobile) on 24/06/2023.
So I am complaining to Flipkart for replacement as per Flipkart 7 days replacement policy by
contacting Flipkart customer care.
On 25/06/2023 Flipkart customer care contacted me and said to visit a nearby manufacturer service
center and get DOA (dead on arrival) mentioned in the job sheet.
Flipkart has software to check if the mobile has any issues. It only takes a maximum of 5 minutes.
Instead of this, Flipkart asked me to provide DOA mention in the job sheet. As per Xiaomi
(manufacturer) policy they don't give DOA mention in the job sheet.
So it's clear that Flipkart does not want to give me a 7 days replacement as per Flipkart policy.
So, Flipkart refused to give me the mentioned service.

5) Xiaomi Coimbatore service centre Job Sheet (5-09-2023)

I submitted my mobile on 26/06/2023 at Dharapuram (3KM from my location) Xiaomi service center
and received it without proper repair on 22/07/2023. Visit multiple times (service center technicians
take multiple videos more than 1 hour of issues I am showing and send it to Xiaomi).
"Xiaomi denied to give me proper service" after purchasing their mobile and was not ready to give me
job sheet copies even after requesting them multiple times.
So Xiaomi forced me to quality check the mobile and submit it to another service center which is 100
KM away from my location.
6) NCH Grievance case (5004402) (7 -10-2023)

NCH grievance case against Xiaomi because Arun (Xiaomi tamilnadu representative) said Xiaomi is
ready to give me a coupon instead of money. Using that coupon I am limited to spending it at xiaomi
website. After this complaint Xiaomi is ready to give me the refund as money.

7) Xiaomi grievance support (Mail) 9-10-2023

Xiaomi grievance support email: Xiaomi accepts this is not a solvable design flaw. So give you a full
refund.

8) Amount refunded bank statement (10-10-2023)

amount refund from Xiaomi account statement.

9) From 94422-44626 received settlement refund document.docx (18-11-2023)

Xiaomi designed this device to fail quickly and harm users, nobody in xiaomi quality checked the
mobile before selling, software developers know that this mobile will overheat, that's why showing
this error message. So it's clear that Xiaomi knows all the issues and keeps selling their products. I am
finding all this information with my knowledge and experience in the computer service industry.

10) Settlement refund document (18-11-2023)

After helping shomesh.


"Xiaomi threatened me" "don't share this information to anyone in person or on social media
platforms". Arun is also threatening me via call.

Short notes of Complaints


(OP 1)
denying to give me service after sales. advertising false claims about cooling systems. restricted
operating temperature not showing in the product page. I have spent more than 200 hours in customer
care to try all possible solutions given by Xiaomi experts to prove that this is an unsolvable issue with
proof. I need to spend more time to quality check the mobile instead of using it normally. I spend
more time and money visiting service centers again and again. Xiaomi gives me mental pressure by
threatening me to the extreme.
(OP 2)
Flipkart (OP 2) denying to give me service (7 days replacement policy).
Prayer
Direct the opposite parties Xiaomi and Flipkart to pay damages of Rs.5 lakhs for my mental agony
Award the cost of the petition
Xiaomi needs to give full refunds for all mobile customers with the "operating temperature under
51C mobile models.
Flipkart needs to give a 7 days replacement for all mobile products purchased in India.

COMPLAINANT VERIFICATION

We the above-named complainants do hereby declare that the above contents are true to the
best of my knowledge and hence verified and signed on this -- the day of JUNE 2024 at
Tiruppur.
LIST OF DOCUMENTS

IN THE COURT OF THE DISTRICT CONSUMER DISPUTES REDRESSAL


COMMISSION AT TIRUPUR
C.C.No 67 OF 2024
Between
Gowthaman son of Ganeshan Petitioners
________________________________ Plaintiff
_________________________________Appellant
Xiaomi Technology India Private Limited Respondent/ Defendant

LIST OF DOCUMENTS SUBMITTED UNDER ORDER……………..RULE………....I.C.P.C


ON BEHALF OF THE__________________________

DATE OF
SI NO DESCRIPTION OF DOCUMENTS REMARKS
DOCUMENTS

1) Aadhaar card Xerox

2) Flipkart invoice bill


22-06-2023

3) Redmi K50I 5g user manual


23-06-2023

4) Flipkart response to my complaint


25-06-2023

5) Xiaomi Coimbatore service centre


5-09-2023
Job Sheet

6) NCH Grievance case (5004402)


7 -10-2023

7) Xiaomi grievance support (Mail)


9-10-2023

8) Amount refunded bank statement


10-10-2023
9) From 94422-44626 received
18-11-2023
settlement refund document.docx

10) Settlement refund document


18-11-2023

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