The District Consumer Disputes Redressal Commission, Mumbai (Suburban), has directed Apple India and Croma to jointly refund Rs 65,264, the cost of an iPhone 11, to the legal heirs of a customer after the two companies failed to address a microphone defect in the device. The panel held both the manufacturer and the retailer "jointly and severally liable" for deficient service.
The complainant had purchased the iPhone 11 from a Croma outlet in Mumbai on June 4, 2021. Shortly after the purchase, the device developed a fault—specifically, the speakerphone function failed to transmit speech during calls.
Apple denied repair, cited ‘unauthorised modification’
When the customer took the phone to an Apple authorised service centre, repair was denied. Apple claimed the device had undergone “unauthorised modifications,” thereby voiding its warranty. Repeated complaints and emails to both Apple and Croma failed to elicit a resolution, prompting the customer to approach the consumer commission.
Customer passed away, heirs continued case
During the proceedings, the customer passed away. His legal heirs continued with the complaint against Apple India and Infiniti Retail Limited (Croma). In its reply, Apple admitted the purchase and the microphone issue but stood by its claim that unauthorised modifications had rendered the device ineligible for warranty service. Croma failed to appear before the commission and was proceeded against ex-parte.
Commission rejects Apple’s warranty argument
The consumer panel found that Apple had not specified which exact warranty clause the customer had violated. “Merely referring to clauses of warranty terms and condition cannot be sufficient to attribute the particular defect as certain unauthorised modification or damage to software,” it said.
Croma cannot escape liability, says panel
The commission rejected Croma’s attempt to pass the blame onto the manufacturer. It noted that once a product is sold through the retailer’s outlet, the retailer assumes responsibility for ensuring the product is free of defects and serviceable. “The principle of vicarious liability squarely applies,” the order said, adding that a seller cannot shirk responsibility after deriving commercial benefit from the sale.
Both parties held liable for deficient service
After reviewing the evidence and documents, the commission concluded that there was a clear defect in the product and a deficiency in service on the part of both companies. It held Apple and Croma jointly and severally liable for the defective device.
Refund, interest, and compensation awarded
The commission directed both Apple India and Croma to refund the iPhone’s cost of Rs 65,264, along with 6% interest per annum from the date of the complaint (August 6, 2021) until the date of actual payment. Additionally, the panel awarded Rs 15,000 as compensation for mental agony and Rs 2,000 for legal expenses to the complainant’s family.
(With inputs from PTI)
