Apple India and Croma have been directed by the District Consumer Disputes Redressal Commission, Mumbai (Suburban), to refund Rs 65,264 to the legal heirs of a customer who had purchased an iPhone 11 with a microphone defect that remained unresolved. The commission found both the manufacturer and the seller jointly and severally liable for deficiency in service.
The customer had bought the iPhone 11 from a Croma store in Mumbai on June 4, 2021. Soon after, the device began facing issues with the speakerphone function, particularly with no sound being transmitted from the microphone during calls. The customer approached Apple’s authorised service centre, but service was denied on the grounds of “unauthorised modifications in the device,” which the company claimed voided the warranty.
Despite repeated complaints and emails, neither Apple nor Croma addressed the issue. The customer later passed away, and the complaint was carried forward by his legal heirs.
In its response, Apple India admitted the issue and the device’s purchase but maintained that unauthorized modifications had voided the warranty. Croma, operated by Infiniti Retail Limited, did not appear before the commission and was proceeded against ex-parte.
The commission ruled that Apple failed to clearly point out which specific warranty term had been violated. It stated, “Merely referring clauses of warranty terms and condition cannot be sufficient to attribute the particular defect as certain unauthorized modification or damage to software.”
The commission also said that once a product is sold through a seller’s outlet, the seller assumes responsibility to ensure the product is free from defects. The principle of vicarious liability was applied, stating the seller cannot shift the blame entirely to the manufacturer.
The commission directed Apple India and Croma to jointly refund Rs 65,264 with 6 percent annual interest from August 6, 2021, until the payment date. Additionally, the companies were ordered to pay Rs 15,000 as compensation for mental agony and Rs 2,000 towards legal expenses to the customer’s family.
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