In a notable consumer rights case, the District Consumer Disputes Redressal Commission in Mumbai (Suburban) has directed Apple India and Croma to jointly refund ₹65,264—the cost of an iPhone 11—to the legal heirs of a deceased customer, citing deficiency in service. The customer had purchased the iPhone from a Croma outlet on June 4, 2021. Shortly after the purchase, the phone developed a microphone issue, specifically the speakerphone function failing during calls, rendering “no speech from mic”. When the customer approached Apple’s authorized service center, the repair was denied, with Apple citing “unauthorized modifications” that allegedly voided the warranty. Despite repeated complaints, neither Apple nor Croma resolved the issue.
Apple and Croma Held Jointly Liable for Defective iPhone Under Vicarious Liability
The commission strongly criticized both companies, stating they were “jointly and severally liable” for the defective product. It emphasized that Apple merely mentioning unauthorized hardware modifications without specific details was not an acceptable resolution.
Furthermore, it ruled that Croma could not escape liability by blaming the manufacturer, noting that once a product is sold through a retail outlet, the seller also assumes responsibility for its quality and serviceability. The principle of vicarious liability applied in this case, the commission observed, highlighting that the seller gains commercial benefit from the sale and thus shares responsibility.
Apple, Croma Ordered Refund, Compensation for iPhone
During the proceedings, the original complainant passed away, but his legal heirs continued the case. Apple admitted to the purchase and the microphone defect but maintained its stance on unauthorized modifications voiding the warranty. Croma (Infiniti Retail Ltd.) failed to appear and was thus proceeded against ex-parte. After reviewing the evidence, the commission found that Apple had failed to explain precisely how the warranty was breached. Merely referencing general warranty clauses was deemed insufficient.
Consequently, the commission ordered both Apple India and Croma to refund the phone’s cost with 6% annual interest from August 6, 2021, until the actual date of payment. Additionally, they were instructed to pay ₹15,000 for mental agony and ₹2,000 towards legal expenses to the customer’s family.
Summary:
The Mumbai Consumer Commission ordered Apple India and Croma to refund ₹65,264 for a defective iPhone 11, citing service deficiency. The customer faced a microphone issue, and Apple denied repairs citing unauthorized modifications. Both firms were held jointly liable and must also pay ₹17,000 for mental agony and legal expenses.
