The District Consumer Disputes Redressal Commission (South Delhi) has allowed the complaint, observing that the display message “iPhone findable after power off” on Apple devices constitutes a deficiency in service when it fails to inform users about mandatory pre-conditions such as enabling the “Find My” feature, and the absence of an asterisk or “conditions apply” tag misled the consumer into believing the statement was complete.
The case arose from a grievance raised by the complainant, who purchased an iPhone 13 for Rs. 70,500/- on February 10, 2022. However, the device was stolen from his residence on September 02, 2022, leading to the registration of an FIR. The complainant alleged that despite the “iPhone findable after power off” feature, all efforts to trace the phone through Apple’s customer care, authorized outlets, and official website went in vain. He stated that the inability to locate the device caused him trauma, unnecessary harassment, and agony.
The opposite party, while contesting the complaint, canvassed that it had no legal and contractual duty to trace the stolen phone and that the “iPhone findable after power off” feature relies entirely on the user enabling the “Find My” setting and the device being within a cellular/Wi-Fi network. It was also submitted that its warranty specifically excludes theft and that the responsibility to trace stolen property lies solely with law enforcement agencies.
Hearing the complaint, the District Consumer Disputes Redressal Commission comprising President Monika A. Srivastava and Member Kiran Kaushal noted that the message “iPhone findable after power off” informs users of a specific capability without any immediate warning of its limitations. The Commission observed that while clicking the message might reveal the “Find My” requirement, the initial display lacks an asterisk or any prompt for the user to seek further information.
Accordingly, the Commission found the Opposite Party guilty of deficiency in service in not providing the users complete information regarding the said feature by informing them to click on the said feature and thereby making them believe that the information “iPhone findable after power off” is complete. Thus, the commission directed the opposite party to pay a sum of Rs. 100,000/- to the complainant.
Appearance:
For Complainant- Adv. Aneesh Ahmed and Adv. Md. Miskeen along with complainant.
For Opposite Party- Adv. Anchal Pundir
