Key Facts of the Case
Shimla District Consumer Disputes Redressal Commission has ordered iVent Apple Premium Reseller, located on Mall Road, to pay ₹15,000 to a consumer for failing to deliver a booked iPhone 12 Pro and not refunding the advance amount. The bench, comprising President Dr. Baldev Singh and Member Nidhi Sharma, held the store guilty of deficiency in service and unfair trade practice.
Details of the Complaint
Niharika, a resident of Shimla, booked an iPhone 12 Pro on October 24, 2020, by paying ₹5,000 as advance at the iVent Apple store. The store assured prompt delivery but failed to provide the phone. Later, the store claimed that the advance was adjusted against the bill for two Apple 20W USB-C power adapters and a grip clear case. The complainant denied purchasing any such items and sought a refund.
Commission's Ruling
The commission noted that the store management could not produce any solid evidence to support its claim. Consequently, it directed the store to refund ₹5,000 and pay ₹10,000 as compensation for mental harassment and legal costs within 45 days. The total amount of ₹15,000 must be paid to the consumer.
Impact and Consumer Awareness
This ruling reinforces consumer rights in Himachal Pradesh, especially regarding advance payments and unfair trade practices. Consumers are advised to keep receipts and documentation for all transactions and to approach consumer forums if their rights are violated.
Other Court Decisions
Sanjauli Youth Acquitted in Drug Case
Special Judge (Forest) Shimla Ajay Mehta acquitted Ujjalash Gupta of Sanjauli in a case involving recovery of 11.25 grams of chitta (heroin). The police failed to present concrete evidence, and witness statements were contradictory. CCTV footage was not recorded, making the recovery suspicious. The police had claimed the recovery occurred on April 26, 2023, during a nakabandi at Shoghi Barrier.
Bail Granted in Heroin Trafficking Case
The Special Court (CBI) Shimla, presided by Dr. Parvinder Singh Aroda, granted bail to an Ambala resident arrested in a heroin recovery case from Tara Devi. The court observed that prolonged detention would affect personal liberty. On May 18, 14 grams of heroin were recovered from the accused, who claimed to have purchased it from Kuldeep Singh for ₹21,000. Police arrested Kuldeep based on financial transactions.
Frequently Asked Questions
- What was the case about? A Shimla resident booked an iPhone 12 Pro at iVent Apple Premium Reseller on Mall Road by paying ₹5,000 advance. The store failed to deliver the phone and later claimed the amount was adjusted against accessories without the customer's consent.
- What did the Consumer Commission order? The commission directed the store to refund ₹5,000 and pay ₹10,000 as compensation and legal costs, totaling ₹15,000, within 45 days.
- Why did the commission rule against the store? The store could not provide concrete evidence to support its claim that the advance was adjusted. The commission found it a case of deficiency in service and unfair trade practice.
Source: www.amarujala.com