iPhone warranty row: Amazon asked to pay Rs 50k for unfair trade practice

Hyderabad: District Consumer Disputes Redressal Commission has directed Amazon to pay Rs 50,000 to a customer for failing to provide an extended warranty.

Complainant P Anudeep, a resident of Sai Nagar Colony purchased iPhone X through amazon.in. It was supplied by Appario Retail Private Limited and the item was delivered at the complainant's address in July 2018.

The complainant paid an amount of RS.97, 999. The complainant visited. apple service center in Banjara Hills in May 2019 seeking extended warrantee for another year as per the apple policy. However, they denied the service stating that the warranty of the mobile has expired in February 2019. As per the apple policy terms and conditions, the warranty should start from the date of purchase.

On inquiries by the complainant, the iPhone was sold in February 2018 to some other persons. It confirmed that the product was in use from February 2018.

The complainant alleged that Amazon sold a used product with a new product tag again to the complainant in July 2018 with a promise of warrantee for one year from the date of its purchase.

In its reply, Amazon Seller Service Private Limited(ASSPL) said it is neither responsible for the products that are listed on the website by various third-party sellers nor does it intervene or influence any customers in any manner.

It is not involved in the sale transaction between the customer and seller. It is only a facilitator and cannot be a party to control in any manner any sale transaction to the website. The contract of sale of products on the website is strictly a bipartite contract between the customer and the seller.

"It is denied that a used product was delivered to the complainant. The complainant approached ASSPL alleging that a used product was delivered to him as he had bought the product on the website in July 2018 but the date of purchase of the product as registered with the manufacturer is February 2018. The complainant is put to strict proof whether he even approached the manufacturer. This complaint is misconceived without having any basis as such the same is liable to be dismissed," argued Amazon.

After hearing the argument, the commission said that the invoice of the complainant is for July 2018, not February 2018. "Amazon did not establish its contention that the iPhone was sold either to the complainant or to anybody in February 2018. Amazon failed to extend the warranty for a period of another 1 year with effect from the date of issuance of the invoice despite the mobile being sold to the complainant in July 2018 and whereas he approached the opposite party's authorized service center in May 2019, which is two months prior of issuance" the commission said.

The commission commented that there is clear negligence upon the part of Amazon in providing an extended warranty It amounts to clear deficiency upon their part that leads to the adoption of unfair trade practice and also restrictive trade practice.

The commission asked Amazon to pay an amount of Rs. 50, 000 towards compensation for mental agony and physical trauma caused due to the unfair act and pay a sum of Rs. 5, 000 towards the cost of litigation.