ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite parties to replace the defective iPhone, or to refund Rs.72,900/- with 18% interest from the date of purchase and pay Rs.1,00,000/- towards mental agony and Rs.50,000/- towards cost of litigation”.
Brief fact of the case is that complainant being a Government Officer working in Jagatsinghpur district booked an Apple iPhone on 24.8.2021 and on payment of Rs.72,900/- vide order ID-OD222666533811804000 invoice date 24.8.2021 online mode through Flipkart for his personal use. The complainant received the same from Sane Retails Private Limited opposite party No.3 vide invoice No.FAAOWC2200048911. The Model of iPhone is EID No.8904903200600888 2600115480071374, IMEI No.23580271732225286, Sl. No.C7CF418JOGPX, MEID No.350271732 04752. The product has one year warranty which is clearly written on the invoice. On 02.8.2022 the iPhone set switched off automatically for which complainant went to Macintel Bhubaneswar the authorized service centre for Apple iPhone who is opposite party No.2 on same day. After verifying the iPhone set the opposite party No.2 has not short out the problem and referred the same to opposite party No.1 i.e. Apple India Pvt. Ltd., Bangalor. After some days the opposite party No.1 pointed out some hardware problem in that set and on 09.8.2022 demanded Rs.60,949/- for its repair even though the iPhone has became defective within the warranty period. Hence this complaint.
Complainant submitted following documents in support of the consumer complaint:
- Tax invoice
- Copy of the Pleader’s Notice
- Original iPhone set
- Letter dt.09.8.2022 issued by the O.P. No.1 demanding Rs.60,949/-.
Notice is issued to opposite parties vide letter No.732 dt.23.9.2022. Opposite party No.2 i.e. Macintel, Bhubaneswar neither appear nor submit any written version to this Commission. Hence opposite party No.2 set ex-parte vide order No.10 dt.29.5.2023.
Opposite party No.1 submitted their written version and stated that the complainant purchased an iPhone 12 Mini 128 GB White bearing IMEL No.358027173204752 and Serial No.C7CF418J0GPX on 24.8.2021. On 02.8.2022 the complainant visited the opposite party No.2 who is the Apple authorized service provider, complaining that his iPhone was not powering on. The opposite party No.2 informed the complainant the iPhone needs to be deposited for diagnosis of the issue and if the issue is not diagnosed by the opposite party No.2 then the iPhone will be sent to Apple repair centre at Bangalore. Accordingly the complainant deposited the iPhone and thereafter performed various tests using Apple authorized tools and sent the iPhone to Apple Repair Centre of opposite party No.1 for detailed and further diagnosis. During diagnosis, the apple repair centre of opposite party No.1 found internal damage caused due to unauthorized modification in the iPhone. In view of the same, the apple repair centre of opposite party No.1 offered the complainant an exchange price. However, the complainant on his own volition denied option the offer given by the opposite party No.1 and for that reason the apple repair centre of opposite party No.1 returned the iPhone back to the opposite party No.2 in the same condition. Accordingly the opposite party No.2 informed the complainant to collect the iPhone. Thereafter, the complainant visited the opposite party No.2 on 16.8.2022 to collect his iPhone.
It is not a disputed fact that complainant purchased the iPhone set from opposite parties on payment of Rs.72,900/- on 24.8.2021 and the defects shown in the phone set within the warranty period and the opposite party No.1 agreed to offer the complainant on exchange price but the complainant on his own volition denied the optioning the offer given by the opposite party No.1 which clearly shows the deficiencies in service on the part of opposite parties as they neither short out the mechanical problem of the set nor replace the same with new one.
We therefore direct the opposite parties to replace the iPhone with same make and model or else refund the cost of iPhone i.e. Rs.72,900/- to the complainant within 30 days from the date of receipt of the order. The opposite parties shall pay Rs.10,000/- as mental agony and Rs.5,000/- as cost of litigation to the complainant.The consumer complaint is disposed of.
Pronounced in the open Commission on this 25th August,2023.
