A Mumbai-based customer bought an iPhone 11 from a Croma store in June 2021 for Rs 65,264. The phone malfunctioned shortly after. The microphone was not working properly during calls, making it difficult to talk. To get this problem fixed, the customer contacted Apple's official service center. But there he was told that unofficial changes have been made to the phone, due to which the device is no longer covered under warranty. Therefore, Apple flatly refused to repair the phone.
Customer complaints and forum proceedings
The customer repeatedly complained to Apple and Croma, sent emails, but no solution was found. Tired and frustrated, he knocked on the door of the Mumbai Consumer Forum. The customer died during the hearing of the case, but his legal heirs continued the complaint.
Apple accepted that the phone was purchased, and there was a microphone defect in it. But the company still tried to avoid its responsibility, while Croma did not appear in the hearing. Therefore, an ex-party judgment was given against them.
Decision of the Consumer Forum
The court held both Apple and Croma guilty. They said that the goods sold should be fully functional. This responsibility also lies with the seller (Croma). Simply saying that the defect is of the manufacturer does not absolve the seller of responsibility. It is wrong to blame the customers, because Apple could not prove which warranty condition was violated. The principle of vicarious liability applies, meaning both the seller and the manufacturer are accountable.
Money and interest will be given.
The court ordered that both Apple and Croma return Rs 65,264 to the customer's family, along with paying 6 percent annual interest, which will apply from the date of complaint (6 August 2021) to the date of payment.
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