Apple ordered to pay Rs 35K to consumer

During adjudication, Apple India responded to the notices and filed a written statement casting doubts on the Jena’s complaint.

CUTTACK: The Cuttack District Consumer Disputes Redressal Commission has directed Apple India and its service centre in Bhubaneswar to pay Rs 35,000 as compensation to an iPhone customer for manufacturing defects in the device. 

Santosh Jena, a local, said he had bought iPhone 7 (32 GB) from Gungun Mobile Centre in Kendrapara on August 19, 2019. In July last year, he faced problems relating to the phone’s microphone, speaker and the battery. When efforts to contact Apple’s customer service online did not yield any result, he deposited the phone with FI Info Solutions and Services Pvt Ltd, the company’s service centre in Bhubaneswar.  But, when the phone was not replaced, he filed a complaint with the Commission seeking replacement of the device along with Rs 1.25 lakh as compensation for the physical strain and mental agony caused by the issue and Rs 10,000 as litigation cost. 

During adjudication, Apple India responded to the notices and filed a written statement casting doubts on the Jena’s complaint. The company termed the claims in his complaint as malafide and devoid of merit. However, the Commission held that the company not only attempted to delay the matter but also used the conditions under the limited warranty clause to the disadvantage of the complainant by pitching up a plea of misuse when such is not substantiated by sufficient means.  

The bench comprising president-in-charge Sarmistha Nath and member LN Dash Choudhury observed in the March 31 order, “In our considered opinion, Apple India Pvt Ltd and FI Info Solutions and Services Pvt Limited being jointly and severally liable are hence directed to compensate the complainant  to the tune of Rs 35,000 towards hardship faced by him.”

The Commission also directed the company to conduct repairs without any cost and provide the complainant an extended warranty of six months and in the event of recurrence of any such defect unconditionally provide him with a new replacement with the remaining warranty period. While directing to pay Rs 3,000 towards litigation and miscellaneous expenses, it warned that the payments should be made within one month from date of the order.

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