SC dismisses Apple's plea over faulty hardware

NEW DELHI: The Supreme Court on Monday dismissed the plea of computer-to-consumer electronics company Apple Computers International, against a consumer forum order that asked it to refund the money to a buyer for supplying faulty computer hardwares.

A bench comprising Justice B Sudershan Reddy and S S Nijjar dismissed Apple's petition challenging the orders of the National Consumer Disputes Redressal Commission (NCDRC).

Passing an order on February 10, 2010, NCDRC had directed Apple Computers and its Chennai-based dealer to refund Rs 8.3 lakhs along with 9 per cent interest to a consumer who had purchased Macintosh in 1996.

Macintosh popularly called as Mac is a series of several lines of personal computers designed, developed, and marketed by Apple Inc.

The apex consumer body had found that hardware supplied to one Chennai-based Toppers Multimedia suffered from various manufacturing defects and several problems persisted despite frequent change of components.

Earlier, in this matter, the Tamil Nadu State Consumer Disputes Redressal Commission had directed Apple, its dealer and Wipro, which has a after-sales service contract, liable and directed that they pay compensation and refund the amount along with 12 per cent interest.

This was challenged by Wipro before NCDRC which said that it was not liable after finding that "the customer call feedback reports clearly showed that the appellant (Wipro) did attend to frequent complaints regarding the system promptly and effected replacements whenever called for".

NCDRC had also dismissed the plea of Apple that it had no role in the transaction and said "Apple Computers International cannot absolve itself of responsibility".

"In case of manufacturing defects in goods, it is the manufacturer which is primarily responsible for the consequent liability of replacement/repair/refund of the cost," NCDRC said.