The District Consumer Disputes Redressal Commission has directed Apple India and Flipkart to jointly refund ₹54,846 to a Jalandhar resident who purchased a defective iPhone 14 during the e-commerce platform's 'Big Billion Days' sale in October 2023. The commission also ordered the companies to pay ₹20,000 as compensation for mental harassment and ₹10,000 towards litigation expenses within 45 days.
Complaint Details
Gagandeep (33), a resident of Sodal Nagar, Jalandhar, bought the iPhone 14 through Flipkart during the sale at a price of ₹54,499 under an exchange offer. However, upon delivery, he noticed that the phone box did not have Apple's original tamper-proof seal; instead, only Flipkart's seal was present. The package was opened in the presence of the delivery executive, and the entire process was recorded on video.
From the first day, the phone's battery drained abnormally within a few hours. Gagandeep reported the issue to Flipkart within the replacement period and requested a replacement. Instead, he was directed to Apple's authorised service centre, where neither was the handset replaced nor was any job sheet issued after inspection.
Defense Arguments
Apple India defended itself by claiming that diagnostic tests found no hardware defect and that the complainant had been advised to update the software. Flipkart argued that it merely acted as an intermediary between the buyer and seller and, therefore, could not be held responsible for the alleged defect.
Commission's Observations
Rejecting both arguments, the commission observed that Apple failed to produce any records to support its claim that the device was functioning normally. It also noted that no job sheet was issued despite the complainant approaching the authorised service centre within days of purchase.
The commission further held that Flipkart could not escape liability by describing itself as an intermediary. Since the transaction, payment, and consumer interaction took place through its platform, it remained accountable under the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020. The commission also found that Flipkart had failed to demonstrate compliance with its obligation to ensure that product descriptions and quality matched what was delivered.
Verdict
Observing that the consumer had raised complaints immediately after receiving the handset and consistently pursued the matter, the commission concluded that the companies had failed to provide effective redressal, making them jointly liable to refund the purchase amount and compensate the complainant. The order includes a refund of ₹54,846 (the purchase price plus additional costs), ₹20,000 for mental harassment, and ₹10,000 towards litigation expenses, to be paid within 45 days.
