Apple, Croma asked by consumer panel to refund customer's iPhone cost

A consumer panel in Mumbai asked Apple India and Croma to refund the cost of an iPhone to a customer for not being able to fix a microphone defect. According to a PTI report, earlier this month, the panel said both the manufacturer and seller are jointly liable for the defective product and should refund ₹65,264 to the customer - who is now deceased.

'Both manufacturer and seller jointly liable'

Mumbai's District Consumer Disputes Redressal Commission ruled that the manufacturer (Apple) mentioning 'unauthorised modifications' is not a resolution to a customer's grievance. It further said that even the seller (Croma) cannot evade responsibility by simply blaming the manufacturer for the defect.

 

 

The panel reportedly said it was the duty of both the seller and manufacturer to ensure the credibility of the product that was sold through them. It said the "principle of vicarious liability squarely applies", as the seller stands in a position of trust and derives commercial benefit from the sale.

Grievance was not addressed

The complainant had bought an iPhone 11 from a Croma's Mumbai store in 2021. Shortly after the purchase, the user found out that the device's speakerphone was not functioning during calls. The device kept flashing prompts like "no speech from mic". 

 

On approaching Apple, the complainant was denied repairs as the company said that 'unauthorised modifications' were made on the device. Despite various attempts, neither party addressed the grievance.

 

According to the PTI report, the complainant died while the proceedings were still ongoing. The complaint was continued by his legal heirs.

Clearing stance

Apple India later admitted to the issue with the microphone but reiterated that the device had unauthorised modifications because of which warranty was denied. Croma, on the other hand, failed to appear for the proceedings.

 

The panel concluded that both the manufacturer and the seller are "jointly and severally liable for the defective product".

 

According to the PTI report, the commission asked both the opposite parties to refund the cost of the iPhone, along with a 6 per cent interest per annum from the date of the complaint until the date of actual payment. The companies also have to pay ₹15,000 as compensation for mental agony and ₹2,000 for legal expenses.