Chandigarh

DF-I

CC/14/2024

AKHIL BUDHIRAJA - Complainant(s)

Versus

M/S APPLE INDIA PVT. LTD. THROUGH ITS MANAGING DIRECTOR - Opp.Party(s)

SAHIL GARG

25 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/14/2024
Date of Institution	:	02/01/2024
Date of Decision	:	25/09/2024

 

Akhil Budhiraja S/o Sh.Jawahar Budhiraja, resident of House No.113, First Floor, Sector-15, Panchkula-134113.

 

...Complainant

 

Versus

 

1. M/s Apple India Pvt. Ltd., 19^th Floor, Concorde Tower C, UB City, No.24, Vittal Mallya Road, Bangalore 560001, through its Managing Director.

2. M/s Iconcept Chandigarh, SCO No.67, Sector-20-C, Chandigarh- 160020 through its Manager.

3. M/s Unicorn Infosolutions Pvt. Ltd., Unit No.8 Building-8C, DLF Cyber City, DLF Phase-II, Gurugram, Haryana-122002 through its Manager.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Sahil Garg, Advocate for Complainant.
	:	Sh.Rahul Garg, Advocate for OP No.1.
	:	None for OP No.2.
	:	None for OP No.3.

Per Surjeet kaur, Member

1.      Averments are that on 26.1.2022, the complainant purchased an Apple MacBook Pro M1, manufactured and marketed by OP No.1, from OP No. 2 for Rs.1,10,610/- (Exhibit C-1). After a short period of usage, the display of the device turned blank/black. The said issue was brought into the notice of the OP No.1 on 16.10.2023 and the complainant submitted the device for inspection on 31.10.2023 to the OP No.3. He is also gave a written confirmation on job sheet that there is no physical or liquid damage to the device (Exhibit C-2). The said device has been used for less than 500 hours, (approximately 21 days) which was also confirmed by the OP No.3 after running some tests. The Complainant was informed by the OP No.3 that to resolve the issue the display of the MacBook needs to be replaced and was also told that the cost of replacing the display was to be borne by the complainant himself, the device being out of warranty. Vide email dated 24.11.2023, the complainant brought the above stated position to notice of OP No.1 and also stated therein that the issue being a design flaw/defect inherent in the MacBook Pro M1 model, requested it to replace the display of the device free of cost Exhibit C-4. Since the OPs did not accede to the request of the complainant to replace screen 'Free of Cost', on 29.11.2023, the complainant was returned back the MacBook by the OP No.3 along with delivery report. Till date despite repeated requests to the OPs no action has been taken to rectify the defect and the complainant continues to suffer. Hence, is the present consumer complaint.
2.     OP No.1 contested the consumer complaint, filed its written reply and stated that the subject laptop functioned properly without any issues for approximately 1 year 9 months (21 months) and it was only after this period that the Complainant first approached the OPs alleging certain issues. Having used the subject laptop for this long, the Complainant cannot now allege manufacturing defects which could be attributed to the OP1. Thus, OP1 is not obligated to replace the display of the subject laptop free of charge. It is further stated that the service offered to the complainant was subject to costs since the “Apple One Year Ltd. Warranty” applicable on the subject laptop had expired on 26.1.2023. The complainant had refused this service as well for reasons best known to him. On these lines, the case is sought to be defended by OP No.1.
3.     OP No.2 contested the consumer complaint, filed its written reply and stated that the OP No.2 being seller of the said product having no liability regarding the service and manufacturing defect of the said product. On these lines, the case is sought to be defended by OP No.2.
4.     OP No.3 contested the consumer complaint, filed its written reply and stated that the OP No.3 found issue with display while diagnosis, display need to be replaced and the answering OP updated the customer for display replacement under exchange price as display was blank, but customer doesn’t want to replace the display under exchange price and device returned to customer on 29.11.2023. Denying all other allegations made in the complaint a prayer for dismissal of the complaint has been made.
5.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
6.     Parties led evidence by way of affidavits and documents.
7.     We have heard the learned counsel for the complainant & OP No.1 and gone through the record of the case.  
8.     It is evident from Annexure C-1, that the complainant purchased the product in question on 26.01.2022 with one year warranty. Admittedly, the warranty got expired on 25.01.2023. As per the case of the complainant, the issue with regard to the display cropped up subsequent to the expiry of warranty period in the month of October. Annexure C-2, is the job-sheet dated 31.10.2023, where the issue reported is display black. After thorough inspection of the device, as per Annexure C-5, being out of warranty, the OP asked for the repair charges as the display being faulty was needed to be replaced.
9.     Through the present complaint, the complainant is seeking repair free of cost alleging some manufacturing defect in the product in question. Perusal of warranty terms and conditions Annexure R-1/9 placed on record by OP No.1 reveals that

WHAT IS COVERED BY THIS WARRANTY?

Apple warrants the Apple-branded iPhone, iPad, iPod, Apple TV or HomePod hardware product and Apple branded accessories contained in the original packaging ("Apple Product") against defects in materials and workmanship when used normally in accordance with Apple's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"), Apple's published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.

 

10.     In our opinion, there is no cogent evidence to prove the manufacturing defect in the product in question in shape of some expert opinion. Therefore, it cannot be concluded that the product was suffering with some inherent manufacturing defect. More so, the product is out of warranty. Hence, we opine that the present consumer complaint is devoid of any merit and the same is hereby dismissed, leaving the parties to bear their own costs.
11.     Pending miscellaneous application, if any, also stands disposed of.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
25/09/2024			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member