Company asked to return money after phone crash
AHMEDABAD: A consumer court has ordered Apple India Pvt Ltd to either to refund the cost of an iPhone to a customer or to give him a higher version of the phone by accepting extra money after computing the difference in prices.
The court also asked the company to pay Rs 4,000 to the consumer as compensation towards mental agony and legal expenditure.
The case involved Iqbal Dandhal, a student from Dhoraji town in Saurashtra, who had purchased an iPhone in Dubai in December 2015 at Rs 54,000. He also paid extra to get the warranty period of the phone extended till December 2017. In between, he found trouble with his phone twice, and the company replaced it with a new piece on both the occasions.
Dandhal’s third new phone also encountered a technical fault. The company agreed to replace it with a new piece and accordingly supplied a new piece to the local dealer. The company kept on offering new phones because the warranty period operated then.
Dandhal, however, did not accept the new phone on third occasion and insisted that the company should replace it with the latest model of iPhone. He offered extra money for the latest version.
He said that he would not accept the same model again because it failed him on two occasions. When he did not get any response, Dandhal approached the Consumer Dispute Redressal Forum, Rajkot (Additional) in February this year and sued Apple and the local dealer for deficiency in service.
In response to court’s notice, the local dealer filed its reply and maintained that he was bound to follow the instructions. New phone was offered on three occasions, but the demand for a phone with higher version was not the warranty condition.
After hearing the case, the court said that the customer was right in refusing to accept the same model which malfunctioned. There was nothing wrong in insisting that the company should give a new model of phone with upgraded version by charging extra money. If the company cannot do this, it should return the phone amount along with compensation for mental agony and litigation cost.
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