Facts of the Case
IPHONE 3GS – Serial QRxxxxxY7H
We have visited the apple premium reseller M/s Unicorn Info Solutions Private Limited, Himalaya Mall, Ahmedabad, hereinafter called as “reseller”. On 10th August 2012, the sales representative at the store informed us that since we have an old apple phone, we were offered a scheme whereby against payment of Rs. 10000/- a new apple 3GS phone was to be provided against return of the old phone.
We have an MTNL Sim and on our return to Mumbai, we were surprised to find that the product showed No Service. We visited the I store in Mumbai, Ghatkopar, R – City Mall and were asked to contact the apple care. Accordingly we contacted the apple care and we were assigned case id xxxxxxx, whereby we were informed to contact Vodafone.
On contacting the Vodafone gallery at Ghatkopar, Mumbai, we were asked to wait for two days. After 2 days Vodafone informed us to contact the apple care only.
Upon again contacting apple care we were asked to contact the apple reseller M/s Unicorn who has sold the product.
M/s Unicorn, Ahmedabad, directed us to contact support office in Mumbai, Andheri where the issue would be resolved. We visited the Andheri office, but we told that nothing could be done, and neither the product could be returned back, even if it is no use to us and was sold by adopting misleading and fraudulent information.
At no point we were informed that this phone will work with only Vodafone. The important legal principle of caveat emptor (let the buyer beware) was obviously absent and not followed by the reseller.
Moreover, the payment was made for an Apple phone and there was no mention of Vodafone, or of any agreement of whatsoever nature with the said company.
Firstly, to sell a product (Iphone) with a restrictive covenant to use complimentary product (Vodafone) without the knowledge of the buyer and in the absence of any legal contract, is a “Restrictive trade practice” under the Competition Act and erstwhile MRTP Act.
Secondly, the irresponsible attitude adopted by the reseller (M/s Unicorn) who sold the product, (M/s Apple Inc) the manufacturer and M/s Vodafone, which has put restriction on the product use without any valid contract is not at all appreciated. More so they have made us to run from pillar to post without even the product being able to start its usage.
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