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.
Source: Barandbench
