The Consumer Commission has convicted both Apple India and Infinity Retail Limited (Croma) for the iPhone 11 purchased from Croma by a Mumbai customer. The Commission has termed the technical flaw and poor customer service found in the phone as a reduction in clear service and ordered the two companies to jointly compensate. The matter became even more sensitive when the complainant died, but his family continued the legal battle and eventually attained justice. The commission also rejected Apple’s argument in which the company refused to repair by citing unauthorized changes in the phone.
The complainant bought the iPhone 11 from a Croma Store in Mumbai on 4 June 2021. However, shortly after, a serious malfunction in the phone was revealed- during the call, the voice from the speakerphone was not being transmitted. The repair was refused to take the phone to an official service center of Apple. The company claimed that ‘unauthorized changes’ have been made in the phone, due to which the warranty has been canceled. The customer sent emails and complaints to both Apple and Croma several times, but no solution was found, after which the Consumer Commission was approached.
The complainant died during the hearing of the case, but his legal heirs carried forward the case. Apple accepted the problem of purchasing and microphone in his counter -argument, but also stood firm on ‘unauthorized changes’. On the other hand, the Croma did not appear before the Commission and unilateral action was taken against it.
The Consumer Commission clearly stated that Apple failed to clarify which specific condition of the warranty has violated the customer. The order said that it is not enough to citing only the general terms of the warranty that it is said that there has been an unauthorized change in the device or any software has been tampered with.
The Commission also denied the attempt by Croma to blame Apple and said that once the product is sold by a seller, the seller is responsible for ensuring that he is defective and is service. The order said that this case is of Vicarious Liability, in which the seller cannot avoid responsibility after taking commercial benefits from sales.
Based on the documents and evidence presented by the Commission, concluded that the device had a clear defect and the lack of service was also clear. Both Apple and Croma were jointly held responsible for the reduction in this service. The Yoga ordered Apple India and Croma to return the price of the iPhone to ₹ 65,264 customer’s families, as well as 6% annual interest from August 6, 2021 to the date of real payment from August 6, 2021. In addition, the Commission also directed to give ₹ 15,000 for mental pain and as compensation as ₹ 2,000 legal expenses.
