SMT. RAVI SUSHA: PRESIDENT

          Complainant filed this complaint U/s 35 of Consumer Protection Act 2019, seeking to get an order directing opposite parties to replace the defective phone with new one or else return the amount of Rs.51,999/- which was paid for the phone and to pay a compensation of Rs.3,00,000/- and Rs.25,000/- as cost of proceedings, to the complainant.

            Facts in brief of this case are that the complainant purchased Apple brand Phone 12(Green 128 gb) with brand warranty for 1 year from Flipkart on 02/10/2021.  The said product was delivered on 06/10/2021 and it was set up on 12/10/2021 up on the arrival of her daughter to Kannur.  Within 48 hours it was observed that the audio levels were very low and voice notes were not audible to the recipients, also in addition the SIRI feature was disabled and not recognizing voice command.  The complainant’s daughter was visiting Kannur for a gum surgery and was in town only for a week, because of the surgery she was talking very softly, so it was assumed that may be the reason for low audio.  But within a week’s time the problems started multiplying.  All the issues are related to the bottom mic.  On behalf of the complainant her daughter first contacted Apple support on the 27^th October 2021 (case id:101530473698).  The software updated was completed the same night,, but the issue persisted.  She again called customer support the next day and they said if the issue is still there that suggests it is a hardware problem and to submit it at the service center.  On 9^th November 2021 phone was submitted at B2X Thane, Apple support had promised that phone will be sent to Bangalore for repair.  The service person at B2X informed that there is no issue to mic.  After two days of submitting the phone they sent an email to pick up the phone, upon going for collection they said they have reset the OS and that it should work fine.  The phone worked perfectly fine for 2 days, then the problem started again.  The complainant submits that the service center people were defensive and trying to shift the problem on the user claiming it was a bug in her data.  The real problem was a software bug which they don’t have solution to hence they tried to cover up this fact and blame the user. They did not provide a solution and made up many excuses, this caused such a huge inconvenience.  According to the complainant it is due to the unhelpfulness and negligent ac to both apple support and the service center that the issue is persisting.  The complainant has had to face many issues at work in coordinating her business because she was not able t contact people because of the disturbance during calls.  The user also had to get earphones twice, without which it is impossible to use the phone.  Hence this complaint.

            After receiving notice, OP1 and 4 filed version sating that the complainant purchased the iPhone 12, on 03/10/2021 and activated the said iPhoen on 12/10/2021. The complainant on 27/10/2021 reached out to Apple customer support seeking mic issue on the iPhoen.  The representative of Apple India assisted the complainant by updating the software and informed the complainant that she can approached the nearest Apple authorized Service Provider (“AASP”) in case of any difficulty in updating the software.  Thereafter, the complainant on 09/11/2021 approached the OP No.2 who is an AASP with issues related to mic in the iPhone.  The complainant accepted the same and deposited the said iPhone with the AASP.  However, the phone which was presented with issues passed all technical tests and no issues were reflected as reported by the complainant. The complainant was satisfied with the service of the AASP and has acknowledged the same by endorsing her signature on the Delivery report dated 11/11/2021.  The AASP informed the complainant on 24/11/2022 to collect the iPhone from the Service center.  The Delivery report is produced by the complainant as Document No.3.  It is pertinent to note that the complainant was satisfied with the service of the AASP and has acknowledged the same by endorsing her signature on the Delivery report dated 24/11/2021.  Subsequently, the complainant approached the Apple care support of the Apple India and demanded replacement under warranty.  The representatives of the Apple India tried reaching the complainant to solve the grievances of the complainant, however, the complainant did not answer any of the calls of the Apple India and has filed the present case for alleged deficiency in service.  The present complaint is devoid of any merit and prayed for the dismissed of the complaint.

            Complaint has filed chief affidavit and documents.  Examined as Pw1.  Marked Ext.sA1 to A3 and the expert report submitted by Dr. Sajith K, Professor in Electronics and communication engineering, is marked as Ext.C1.  Pw1 was cross-examined by OPs 1 and 4. On the side of OPs though the contracts manager of OP1 filed chief-affidavit, he has not been examined.  Copy of Apple terms of warranty is produced along with the version is marked as Ext.B1.  OPs 2 and 3 remained absent and did not filed version. Hence OPs2 and 3 were declared as ex-parte.

            OP4 filed version.  After adducing evidence by complainant and OP No.1, the learned counsel of OP No.1 filed argument note.

            Complainant’s main allegation is that within 48 hours of it purchase, the mobile was observed that the audio level were very low and voice notes were not audible to the recipients, also in addition the SIRI feature was disabled and not recognizing voice commands.  According to complainant all the issues are related to the bottom mic.  Though the software update was completed by OPs, the issue  persisted.  Further, the phone was presented to OPs many times for repair work, but the issue is persisting.

            According to OP1, the phone which was presented with issues passed all technical tests and no issues were reflected as reported by the complainant.

            On perusal of Ext.A1 and A2, it is revealed that problem reported was ‘No speech from mic’.  ‘AST test performed and diagnose test run, working fine Audio test passed and checked manually and working fine.  Further in both delivery note, customer’s signature seen in the satisfaction column.  Further on analysis of Ext.C1, the expert report that expert observed that at the inspecting time the issue alleged by complainant ie.  “No speech and noisy” has not occurred.  Also reported that the defects points to possible hardware issue, but the same could not be ascertained by the laboratory faculties available at the institute.  Though complainant filed objection to c1, she did not tried to ascertained the actual issue by checking through scientific methods.  So there is no report of expert before us to come to a conclusion that the phone in dispute has problem of noise as alleged and it was happened due to manufacturing defect of the phone.

            Hence from the available evidence of Ext.A2, and Ext.A3 and from Ext.C1, we are of the view that, complainant failed to prove the allegations raised in the complaint.

            In the result complaint fails and hence the same is dismissed.  No order as to cost.

Exts.

A1-Tax invoice dated 02/10/2021

A2-Delivery report 11/11/2021

A3-Delivery report 24/11/2021

C1-Commission report

B1-Copy of apple terms of warranty

Pw1- Jereena Sanjay-Complainant

     Sd/                                                                                  Sd/                                                         Sd/

PRESIDENT                                                                 MEMBER                                               MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

                                               /Forwarded by order/

Assistant Registrar