A Mumbai consumer commission ordered Apple India and Croma to refund Rs 65,264 for an iPhone with a microphone defect to a deceased customer's family. The commission ruled both companies were "deficient in service" and "jointly and severally liable" for failing to fix the faulty device
The directive came after the companies allegedly failed to resolve a microphone defect in the device. Representational Pic/File
A consumer commission in Mumbai has instructed Apple India and Croma to refund the Rs 65,264 cost of an iPhone to the legal heirs of a customer.
The directive came after the companies allegedly failed to resolve a microphone defect in the device, leading the commission to deem both deficient in service, reported news agency PTI.
The commission, in its order issued earlier this month, declared that both the manufacturer and the seller are "jointly and severally liable for the defective product" because they failed to fix the issue in the device, which was purchased by the now-deceased customer.
According to PTI, the District Consumer Disputes Redressal Commission, Mumbai (Suburban), stated that "the manufacturer (Apple) merely mentioning certain unauthorised modification or damage in hardware cannot be the correct resolution" for the customer’s grievance. It further ruled that the seller (Croma) also cannot escape liability simply by claiming the "defect is attributable to the manufacturer."
"Once the product was sold through their outlet, they assumed responsibility for ensuring that the product was free from defects and serviceable," the commission noted. It added that the "principle of vicarious liability squarely applies," as the seller holds a position of trust and benefits commercially from the sale, reported PTI.
The complainant purchased an iPhone 11 for Rs 65,264 from a Croma store in Mumbai on 4 June 2021. However, shortly after the purchase, the device developed a problem: the speakerphone function did not work during calls, specifically exhibiting "no speech from mic."
Following this issue, the complainant approached Apple’s authorised service centre, but repairs were refused on the grounds of "unauthorised modifications in the device," which rendered it ineligible for warranty service. Despite repeated complaints and emails, the opposing parties failed to address the grievance, prompting the complainant to approach the commission, reported PTI.
During the proceedings, the customer passed away, but their legal heirs continued the complaint.
Apple India Private Limited, in its response, acknowledged the purchase and the microphone issue but reiterated that the device had unauthorised modifications, thereby voiding the warranty. Infiniti Retail Limited (Croma) failed to appear and was consequently proceeded against ex parte.
After reviewing the submitted documents, the commission held that Apple failed to specify exactly which term or condition of the warranty the complainant had breached, reported PTI.
"Merely referring to clauses of warranty terms and conditions cannot be sufficient to attribute the particular defect as certain unauthorised modification or damage to software," it noted.
The commission concluded that the documents and evidence on record were sufficient to confirm the defect in goods, coupled with a deficiency in service provided by the opposing parties. It ruled that both the manufacturer and the seller are "jointly and severally liable for the defective product."
Furthermore, the commission directed both opposing parties to refund the iPhone cost of Rs 65,264, along with 6 per cent interest per annum from the date of the complaint (6 August 2021) until the date of actual payment.
The two companies were also instructed to pay Rs 15,000 as compensation for mental agony and Rs 2,000 for legal expenses to the customer’s family.
(With inputs from PTI)
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