The county commission did not repair the iPhone 13 under warranty: the county commission held Apple responsible for inadequate service

Background Facts

On April 29, 2022, the complainant purchased an Apple iPhone 13 Pro for Rs. 95,000 from Gulf Own Digital Hub in Perinthalmanna, Kerala. After a few months of use, the phone began to malfunction, manifesting itself with problems such as unusual battery drain, a non-functional receiver speaker, and a yellowed screen.

On December 15, 2022, the plaintiff took the faulty phone to an authorized service center (the second opposite party), who promised to repair it under warranty. He later received an email stating that the device had been sent to the first opposing party for further diagnosis.

On December 23, 2022, the service center informed him that the phone had internal physical damage and could only be repaired under warranty. They offered to replace it for an additional fee. 72,000.

On December 26, 2022, the complainant received an email with a detailed diagnosis and a message that the phone was ready for delivery. when he went to pick it up the next day, his phone was still not working.

The complainant then contacted Apple India regarding the matter but received no response. On February 1, 2023, the authorized service center stated that they were not responsible for the condition of the phone.

Feeling aggrieved, the complainant filed a complaint with the DCDRC of Palakkad, Kerala, demanding Rs. 95,000 for the price of the phone, Rs. 1 lakh for damage, loss of data and communication delay and Rs. 1 lakh for mental distress.

Commission supervision

The Commission noted that the opposite party alleged that the complainant’s phone had accidentally damaged the housing grille and the internal barometer.

However, the Commission noted that the burden of proof lies with the opposing party to demonstrate this through expert evidence, which it did not provide.

The Commission held that since the defect in the phone arose within eight months of purchase, the applicant was entitled to have it repaired free of charge.

The Commission found that the opposite parties did not repair the phone under warranty, which was a clear deficiency in service. In this regard, they must pay compensation to the plaintiff.

The Commission directed the opposite parties to either repair the complainant’s iPhone to his satisfaction or refund ₹95,000, the cost of the phone, with 10% interest from 15 February 2023 until payment is made.

Further, the Commission ordered the opposite parties to pay Rs. 30,000 for deficiency of service, Rs. 20,000 as compensation for the mental anguish suffered by the petitioner and Rs. 10,000 for legal costs.

Case – Sanjay Krishnan N.K. v. Apple India Pvt. LLC and ANR

Citation – CC/47/2023

Order date – 09/24/24.