Can't Charge For iPhone Repair Service Within Warranty Period, South Chennai District Commission Holds Apple And Its Service Providers Liable

The South Chennai District Consumer Disputes Redressal Commission bench is comprised of TMT. B. Jijaa (President), T.R. Sivakumhar (Member) and S Nandagopalan (Member) held Apple India Private Limited, B2X Service Solution India Pvt Ltd, and iCare Apple Authorized Service Centre jointly and severally liable for deficiency of service for refusing to repair an iPhone which was under warranty period. The bench noted that the complainant had valid grounds to expect the rectification of the iPhone's defects within the warranty period, as provided by the terms of the purchase. Brief Facts: V. Vasanthakumar (“Complainant”) purchased an Apple iPhone 6S Space Grey with 32 GB of storage from Flipkart on 17 October 2018, and the phone was under warranty for one year from the date of purchase. However, shortly after acquiring the device, the complainant experienced issues with it, particularly related to malfunctioning and the inability to power it on. In an attempt to address these problems, the complainant initially approached B2X Service Solution India Pvt Ltd, who evaluated the iPhone's condition. Subsequently, this service provider concluded that the iPhone was "beyond economical repair," ultimately returning it to the complainant without making any repairs. Following this, the complainant escalated the matter by contacting Apple Customer Care, who advised seeking further assistance from the iCare Apple Authorized Service Centre. The iCare Apple Authorized Service Centre, after inspecting the iPhone, claimed that it had sustained extensive physical damage, making it ineligible for an in-warranty repair. Dissatisfied with the responses from B2X Service Solution and iCare Apple Authorized Service Centre, the complainant continued to insist on receiving an in-warranty repair. He rejected any offers for paid repair services and further pursued the matter through legal channels, sending a legal notice dated 23rd February 2019 to the parties involved. Subsequently, the Complainant filed a consumer complaint in the South Chennai District Consumer Disputes Redressal Commission (“District Commission”). Apple India Private Limited admitted to the purchase of the iPhone and acknowledged the initial service provided by B2X Service Solution. They argued that B2X Service Solution had determined that the iPhone was "beyond economical repair" and needed to be sent to the Apple Repair Centre for further diagnosis. According to Apple India Private Limited, the Apple Repair Centre found extensive physical damage in the iPhone, which, in their view, disqualified it from an in-warranty repair. As a result, they offered a paid repair service, which the complainant refused. Observations by the Commission: The District Commission noted that the complainant had valid grounds to expect the rectification of the iPhone's defects within the warranty period, as provided by the terms of the purchase. However, the District Commission also recognized that the complainant had contested the allegations of extensive physical damage to the iPhone, and the available evidence did not conclusively support these claims. Consequently, the District Commission concluded that the Opposite Parties, including Apple India Private Limited and both the service providers, were liable to rectify the defects of the complainant's Apple iPhone as it was within the warranty period. The District Commission held that the complainant's right to an in-warranty repair should not have been refused, and he should not have been compelled to accept paid repair services. Therefore, the District Commission jointly and severally directed Apple India Private Limited, B2X Service Solution India Pvt Ltd, and iCare Apple Authorized Service Centre to pay the complainant the purchase cost of Rs. 22,499 along with interest at the rate of 9% per annum from the date of purchase. Additionally, they were also required to pay a sum of Rs. 10,000 to the complainant for deficiency of service and mental agony. The Opposite Parties were ordered to pay a cost of Rs. 5,000 to the complainant for proceedings costs. Case: V Vasanthkumar vs M/s Apple India Ltd & others Case No.: CC/221/2019 Advocate for the Complainant: M/s M Raja Advocate for the Respondent: J. Anand Click Here To Read/Download Order

Can't Charge For iPhone Repair Service Within Warranty Period, South Chennai District Commission Holds Apple And Its Service Providers Liable

Smita Singh

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