BENGALURU: A city-based child rights activist has won a legal battle against an multinational company which was accused of failing to provide proper service.
Nina P Nayak, a resident of Malleswaram West, had dragged Apple India Pvt Ltd to a consumer court for deficiency in services.
The consumer forum directed the Apple India chairman to pay compensation of Rs 25,000 to Nina Nayak for causing hardship and litigation cost of Rs 10,000, besides repairing the laptop (Apple MacBook Pro 13”) at its cost or replace it within 30 days from the date of the order.
In its ex-parte order dated January 13, the IVth Additional District Consumer Forum, comprising president H Y Vasanthkumar and members D Suresh and N R Roopa said, “The complainant who is instrumental in ensuring protection of child rights across the country faced problems from the said laptop when she visited different parts of the country.
The hardship caused has to be estimated and cannot be termed as casual problems at usual places.”
The forum also said the complainant proved that there are defects in the laptop and it became non-functional despite several repairs done within the warranty period. There is a deficiency on the part of Apple too in not attending to the problems at its cost or to replace it. “Hence, the complainant is entitled to get compensation for hardship, besides alternate relief by the company,” the forum noted.
According to the judgment, Nina Nayak purchased the Apple MacBook Pro13” laptop in Australia on November 24, 2013 for Australian $1,714 with one-year international warranty. The laptop failed to function after eight months into the warranty period which was in force till November 23, 2014. Though it was repaired on August 16, 2014, it stopped functioning again after four days. Finally, the complainant received a note and quotation for Rs 61,093.73 stating the solid-state drive (SSD) of the laptop needed replacement under paid service and I/O flex cable under warranty.
The e-mail correspondence shows that the company has not disputed the purchase of the laptop nor the defects found in it on various dates. She sent about 17 e-mails regarding problems persisting in the laptop to the company between August 26 and November 7, 2014.
Nina impleaded one Adip Nayak as complainant, on the directions of the forum. In the complaint filed before the forum on November 15, 2014, she claimed a total Rs 2.40 lakh compensation, along with replacement of the laptop or repairing of the same.