Consumer Commission orders Apple India and Tata Cliq to pay refund with interest to buyer for sending damaged iPhone

Consumer Commission orders Apple India and Tata Cliq to pay refund with interest to buyer for sending damaged iPhone

Also directs them to compensate the complainant by paying Rs.10,000 for causing mental harassment and Rs.5,500 as litigation costs

The District Consumer Disputes Redressal Commission (DCDRC) at Sonipat, Haryana, has ordered e-commerce platform Tata Cliq and Apple India to pay Rs.1,11,356 to an online shopper who received a 'damaged' iPhone XS in 2019.

In the Sonu Umesh Paswan vs. Tata Cliq case, a Coram of Vijay Singh (President), Shyam Lal (Member), and Deepa Jain (Member) noted that the respondent companies rendered 'deficient' service to the complainant.

Despite the complainant flagging the 'damaged' mobile received by him, Tata Cliq picked up the product from him but did not refund the amount he paid to purchase the product nor repaired it.

While observing that the conduct of the companies amounted to malpractice, the order stated, "The product sold by Tata Cliq & Apple to the complainant was found to be damaged and was picked up by them for replacement. Thus, the complainant is the consumer of the opposite party and he had availed their services to rectify the defect but the same was not fulfilled.”

It added, "Not fulfilling the request (to replace or repair) the product amounts to deficiency in service and malpractice on the part of the opposite parties, which causes mental agony, humiliation, and financial loss to the complainant for which he deserves to be compensated."

Tata Cliq had claimed that the product sent by the consumer was not the same one that was delivered to him. Hence his request for replacement was rejected. Apple India took a similar stand before the forum. Tata Cliq also clarified that it was only an intermediary, as the actual sale happened between the consumer and Apple India.

However, the Commission found that both the respondent companies failed to prove that the complainant sent a different product for replacement. It allowed the plea by the consumer, as the companies did not provide any material to support their case.

The DCDRC ordered the two companies to refund the complainant the amount spent on the purchase of the phone, along with Rs.30,000 interest accrued over four years. Also, an amount of Rs.10,000 was to be paid for causing him mental harassment, in addition to Rs.5,500 as litigation costs.

Advocate Bijender Singh appeared for the complainant.

Advocate SK Kaushik represented Tata Cliq.

Advocate Sourabh Chug represented Apple India.