Apple India Directed To Pay ₹1 Lakh Compensation; South Delhi Consumer Commission Says “iPhone Findable After Power Off” Feature Lacked Disclosure Of Pre-Conditions

The District Consumer Disputes Redressal Commission, South Delhi, comprising President Monika A. Srivastava and Member Kiran Kaushal, has held Apple India liable for deficiency in service for failing to disclose the conditions attached to its “iPhone findable after power off” feature. Observing that the representation was displayed without any disclaimer or indication of conditions, the Commission directed the company to pay ₹1,00,000 as compensation to the complainant. Facts: The complainant, Shan Mohmmed, purchased an iPhone 13 on 10.02.2022 for ₹70,500, relying upon Apple's representation that the device was “findable after power off.” On 02.09.2022, the complainant's phone was stolen from his residence, following which an FIR was registered. Expecting that the device could be traced using the stated feature, the complainant approached Apple's customer support and followed the instructions available on its official platforms. However, the device could not be located. It was alleged that despite taking all necessary steps, the complainant failed to trace the phone, resulting in mental harassment and financial loss. A legal notice was issued to the company, and upon receiving no satisfactory response, the complainant approached the Commission seeking refund and compensation. Contentions: Apple India submitted that there was no contractual or legal obligation upon it to trace a stolen mobile phone. Relying on its warranty terms, the company argued that cases of theft were expressly excluded. It was further contended that the “Find My” feature must be enabled by the user for the “findable after power off” functionality to operate, and that the complainant had not activated this feature prior to the incident. The company asserted that adequate assistance had been provided through customer support communications and emphasised that the responsibility to trace stolen devices lies with law enforcement agencies, not the manufacturer. Observations: The Commission observed that the representation “iPhone findable after power off” was displayed without any asterisk, disclaimer, or indication of pre-conditions, thereby leading a reasonable consumer to believe that the feature would operate unconditionally. It noted that although the requirement of enabling the “Find My” feature could be accessed upon clicking the message, there was no clear guidance or prompt informing users of this condition. The Commission held that such incomplete disclosure amounted to a misleading representation and deficiency in service, as consumers were not adequately informed about the limitations of the feature. Holding Apple India guilty of deficiency in service, the Commission directed it to pay ₹1,00,000 as compensation to the complainant. Case Title: Shan Mohmmed v. Apple India Case No.: Consumer Complaint No. DC/83/CC/122/2023 Click Here To Read/Download Order

Apple India Directed To Pay ₹1 Lakh Compensation; South Delhi Consumer Commission Says “iPhone Findable After Power Off” Feature Lacked Disclosure Of Pre-Conditions

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