Apple penalised ₹15,000 after phone develops fault
APPLE REPRESENTATIVE PLEADED BEFORE THE FORUM THAT THE ONLINE SITE OR ITS SELLER HAD ILLEGALLY SOLD A TAMPERED IPHONE
JALANDHAR: District consumer disputes redressal forum has directed Apple India Private Limited to refund the price of the mobile phone along with ₹15, 000 as compensation and litigation expenses for causing harassment to a consumer.
Kundan Singh Bisht, a resident of Jalandhar City, had filed a complaint before the forum on June 9, 2017, claiming that he had purchased an Apple iphone 5s (32Gb-gold) from e-commerce site ebay and had made the prepayment of ₹20,100 through credit card.
He said the handset started heating up during use after few days and the company advised him to approach its service centre. “The service centre employee told me that according to their record the said IMEI number was allotted to some different handset of the model ipad Mini 3 (16Gb-silver),” he told the forum in his complaint.
The representative of Apple and its service centre pleaded before the court that the online site or its seller has sold an illegally tampered iphone the complainant whose IMEI is not matching its model. Hence, the complainant will have to pursue the matter against ebay or its seller.
After considering both sides, the forum observed that it is bounded duty of the manufacturing firm to take appropriate legal action against ebay, who is illegally using the name of Apple India Private Limited for selling the product, but the company did not take any initiative for carrying out criminal proceedings against the delinquent firm.
“It is the duty of the manufacturing firm to make it clear whether the IMEI number is printed on a right product or not and further if any tampered and dismantled mobile phone has been sold by the dealer. Liability cannot be shifted upon the dealer or any other person,” forum stated in his order.
Forum ruled that ebay is entitled to get a relief and Apple India Private Limited has been directed to refund ₹20,100 price of mobile and ₹15,000 as compensation and litigation expenses.