Consumer court orders Tata Cliq, Apple to pay refund plus ₹45k for sending damaged iPhone to buyer

The District Consumer Disputes Redressal Commission at Sonipat, Haryana recently ordered e-commerce platform Tata Cliq and Apple India to refund an amount of ₹1,11,356 with interest to an online shopper who received a 'damaged' iPhone XS in 2019 [Sonu Umesh Paswan v. Tata Cliq]..An amount of ₹10,000 was also ordered to be paid to the complainant for causing him mental harassment, in addition to ₹5,500 for litigation costs. The interest on the cost of the phone accrued over four years amounts to over ₹30,000..A coram of President Vijay Singh and members Shyam Lal and Deepa Jain noted that the respondent companies have rendered 'deficient' service to the complainant.Despite the complainant flagging the 'damaged' mobile he received, Tata Cliq picked up the said product but did not refund the amount he paid to purchase the product, nor did it repair the same."The product sold by the opposite parties (Cliq & Apple) to the complainant was found to be damaged and was picked up by the opposite parties for replacement. Thus, it is clear that 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," the order stated.It said that this conduct of the companies amounts to malpractice. "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."It, therefore, ordered the companies to refund the amount paid by the consumer for purchasing the iPhone..The complaint claimed that he had purchased an iPhone XS from Tata Cliq, for which he paid ₹1,11,356. However, when the product was delivered, the complainant unboxed the packaging to find a damaged product. He immediately flagged the issue and asked for a refund or replacement.The company picked up the product for replacement. However, it did not give him any refund or a new product..Before the forum, Tata Cliq claimed that the product sent by the consumer was not the same which was delivered to him, and hence his request for replacement was rejected. Apple India took a similar stand before the forum. Tata Cliq also clarified that it is just an intermediary as the actual sale happens between the consumer and Apple India.However, the Commission found that both the respondent companies failed to prove that the complainant had sent a different product for replacement. As both did not provide any material to support their case, the Commission allowed the plea by the consumer..Advocate Bijender Singh appeared for the complainant.Advocate SK Kaushik represented Tata Cliq.Advocate Sourabh Chug represented Apple India..[Read order]