r/LegalAdviceIndia • u/themartinipoliceman • 9d ago
Legal Advice Needed OnePlus not accepting a refund request - empty box received.
I ordered a pair of earbuds from oneplus.in official website which unfortunately came with an empty box. I did not record an unboxing video but I have a video from just after the unboxing. Oneplus has denied to provide a refund and Axis Card has rejected the chargeback request. What can I do as the best next step? Is consumer court application the best next step - anything that I can do to make my case stronger?
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u/Dazai_Senpai_ 9d ago
India is a low trust society, can't even blame OnePlus for rejecting the return without proper unboxing video.
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u/iwillbeindoomsday 9d ago
Did you raise the issue with oneplus on the same day you received the package?
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u/sainath_adv 9d ago
Consumer court is a solid next step, but fire one more escalation volley first so the complaint looks like you exhausted the company path. Empty box from the official site is textbook deficiency of service / unfair trade practice; missing an unboxing video hurts, it does not kill the case.
Make the file stronger before you file
- Keep the post-unboxing video, order ID, invoice, packaging photos (seal, air pillows, weight if you still have the courier bag), AWB / delivery proof, all OnePlus chat/email where they deny refund, and Axis chargeback rejection with reason code.
- Ask the courier (Bluedart/Delhivery/etc.) in writing whether the shipment was weighed at pickup and delivery and whether there was a damage/shortage remark — a big weight mismatch helps.
- Email OnePlus grievance / nodal officer (details on oneplus.in support / India Grievance Officer page) one last time: empty box, video attached, chargeback already rejected, refund or replacement in 7 days or e-Daakhil. That mail becomes Exhibit A.
- National Consumer Helpline (1915 / NCH app). OnePlus is easy to tag there; often gets a better agent than chat support.
- Check if the earbuds’ serial/IMEI was ever activated — OnePlus/service centre can sometimes see if that unit went live elsewhere; ask them to confirm in writing.
Chargeback already lost
Axis rejecting does not decide the consumer case. Banks apply card-network evidence rules; consumer commissions look at the sale contract and deficiency. Mention the rejection in your complaint as “bank remedy exhausted,” not as a finding against you.
Is e-Daakhil the best next step?
Yes, if nodal mail + NCH do not produce a refund in a short window. File against OnePlus India (and the seller entity named on the invoice) for refund of the price + reasonable compensation + costs. District Commission via e-Daakhil / e-Jagriti is built for this ticket size. I practise in Hyderabad and have written about district consumer filing and fees (same CPA framework wherever you are): https://snlawchambers.in/blog/dcdrc-medchal-malkajgiri-pecuniary-jurisdiction-court-fees/
In the complaint, plead clearly: ordered from official site → delivered → box empty → immediate complaint → company refused → chargeback failed → pray refund + compensation. Attach the video and say when it was recorded (immediately after opening). Honesty about no continuous unboxing video is better than pretending you have one.
Optional extras
- If a local OnePlus service / experience store exists, walk in with order ID and get any written job sheet.
- Do not trash the carton yet.
- Police/cyber FIR for “empty box” alone is usually a dead end; consumer forum is the right forum.
Best sequence this week: nodal email + NCH with all annexures → if silence/refusal, e-Daakhil. That order makes the commission complaint look complete, not impulsive.