Defective Keyboard/Trackpad In Macbook Air Laptop, Kolkata District Commission Holds Reliance Digital, Apple and Imagine Liable For Deficiency In Service

The District Consumer Disputes Redressal Commission Kolkata Unit – II bench comprising Sukla Sengupta (President) and Reyazuddin Khan (Member) held Apple India Pvt. Ltd, Systematix Media (Imagine) and Reliance Digital are liable for deficiency in services and unfair trade practices to the Complainant for selling a defective MacBook Air to the Complainant. The bench directed them to refund Rs. 57,890 along with a compensation of Rs. 17,367 and Rs. 5,000 for the litigation costs to the Complainant. Brief Facts: Mr. Abishek Kabir (“Complainant”) a student in Kolkata and a loyal customer of Apple India Pvt. Ltd. (“Apple”), a multinational technology company, purchased a MacBook Air laptop from a Reliance Digital Store (“Reliance Digital”). The laptop, protected by a 1-year warranty, was initially priced at Rs. 61,990/- but, with a cashback offer, the Complainant paid Rs. 54,990/- to Reliance Digital. Shortly after the purchase, the laptop started having faults in the keyboard and trackpad. Despite attempts by Imagine, an authorized service centre, to repair the laptop, the issues persisted. Thereafter, the Complainant visited the Imagine store several times for repair within a few months. The Complainant experienced problems with the laptop, including a battery issue, logic board malfunction, and cursor disappearance. The Complainant made several communications to Apple and Imagine but he didn't receive a satisfactory reply from them. Thereafter, the Complainant approached the District Consumer Disputes Redressal Commission, Kolkata, Unit – II, West Bengal (“District Commission”) and filed a consumer complaint against Apple, Reliance Digital and Imagine. Apple admitted the purchase of the MacBook Air by the Complainant. However, it argued that the products sold in India meet high-quality standards and undergo rigorous testing. It further claimed that the Complainant approached Imagine for various issues, and the necessary repairs were conducted by the store. It emphasized that the Complainant demanded a free-of-charge service and the same was refused by Imagine as the laptop was out of warranty. It asserted that the Complainant lacked a cause of action and prayed for the dismissal of the complaint. Reliance Digital and Imagine didn't appear before the District Commission. Observations by the Commission: The District Commission noted that the Complainant purchased a MacBook Air from Reliance Digital protected by a 1-year warranty, and faced repeated technical issues since its inception. It noted that despite approaching Imagine on multiple occasions, the problems persisted and the Complainant paid a total service charge of Rs. 2,900/-. The District Commission held that, based on admissions and evidence, the MacBook Air, produced by Apple, was defective from the beginning. It held that Apple and Imagine charged the Complainant for repairs and therefore, it held Apple and Imagine liable for deficiency in service, negligence, and unfair trade practices. The District Commission noted that the Complainant, a student, faced mental distress and inconvenience due to the faulty device. Therefore, the District Commission directed Reliance Digital, Apple and Imagine to refund Rs. 57,890/- to the Complainant for the laptop's valuation and service charges, along with compensation of Rs. 17,367/- to the Complainant. Further, it directed them to pay litigation costs of Rs. 5,000/- incurred by the Complainant, collectively or individually, within 45 days.Case Title: Abishek Kabir vs Apple India Pvt. Ltd. and others Case No.: CC/405/2019 Click Here To Read/Download Order

Defective Keyboard/Trackpad In Macbook Air Laptop, Kolkata District Commission Holds Reliance Digital, Apple and Imagine Liable For Deficiency In Service

Smita Singh

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