Misleading and Restrictive Product Information Provided, for inducing customer to buy – by Apple Premium reseller - Unicorn Info Solutions Private Limited

Question

Level 1

0 points

Misleading and Restrictive Product Information Provided, for inducing customer to buy – by Apple Premium reseller - Unicorn Info Solutions Private Limited

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 10^th 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.

Grievance

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.

iPhone 3GS, iOS 4

Posted on Aug 27, 2012 11:53 AM

Reply

Answer 1

varjak paw

Level 10

170,200 points

Aug 27, 2012 12:29 PM in response to rupesh11

Unless Unicorn Info Solutions is an authorized Aircel or Airtel reseller, then they were not authorized to sell the iPhone. Being an Apple-authorized reseller of other Apple products does not automatically allow any reseller the right to also sell iPhones; such authorization is separate. Only Airtel Stores and Aircel Stores are authorized to sell the iPhone in India. If Unicorn sold you an iPhone locked to Vodaphone, they not only were not authorized to sell you an iPhone of any type, they must have brought that iPhone in from another country, which would mean that you could get no support from Apple for that iPhone there in India (an iPhone can be supported and services only in the country in which the iPhone was intended to be sold).

So, since you apparently purchased from an unauthorized source, the responsiblity is solely that of Unicorn. There is nothing Apple can do directly about this matter, nor with Vodaphone have any voice since they were not involved in the transaction in any way. You will have to pursue options to try and force Unicorn to honor their sales agreement, presuming that you can show that you asked to purchase an unlocked iPhone and were sold what was claimed to be such a unit. You can, if you wish, write Apple's corporate headquarters to express your displeasure that a dealer authorized for other Apple products was erroneously claiming to be authorized for the iPhone, if indeed they did so, but that will almost certainly not help you with your current problem.

Beyond that, all we here, your fellow users, can offer is sympathy for your situation.

Regards.

Reply

Answer 2

Aug 27, 2012 12:29 PM in response to rupesh11

According to this article:

http://support.apple.com/kb/HT1937

The only Apple authorized stores to purchase an iphone are from Aircel & Airtel.

If you purchased the phone from any other store then the phone was imported and hacked.

You will need to follow up with M/S Unicorn for a resolution.

Good luck.

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Answer 3

wegras

Level 6

15,305 points

Aug 27, 2012 12:29 PM in response to rupesh11

Facts of the fact you are not addressing Apple here ,this is a User to User technical

help community ( clue in the name )

Sad tale but no-one can be of any help here

ps most iPhones are locked to the original carrier because they subsidise the original cost

generally non locked iPhones are only available from Apple or in countries

where locking is forbidden by law (not many )

Buyer beware

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Answer 4

carl wolf

Level 6

14,625 points

Aug 27, 2012 5:45 PM in response to rupesh11

"The important legal principle of caveat emptor (let the buyer beware) was obviously absent and not followed by the reseller."

The "legal principle" was not followed by YOU, the buyer. "Caveat venditor" is Latin for "let the seller beware."

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Answer 5

MacIndia

Level 1

0 points

Nov 30, 2012 8:03 AM in response to rupesh11

Posting a review on Unicorn Infosolutions Pvt Ltd, Third Floor, Himalaya Mall, Gurukul Road, Near Drive In Cinema, Ahmedabad, Gujarat - India

Person whom I spoke to - Ritesh Chauhan (I think, not sure of this first name)

My Macbook pro battery has given up, its time for replacement.
I happened to visit this store a few days ago, store is not the IMAGINE Retail store at Ground floor instead on the opposite side wing its on third floor, and a small board outside called Unicorn.

The executive whom I spoke with turned out to be really rude. Didn't understand my concern and went on forcing his views on me.
Although my laptop was still under warranty and having spoken to Apple Technical Support, I already gave him the information on phone prior to my visit, things were just not alright even then.

He was just way to busy explaining me how he does things and what are the procedures and so on, very bad behaviour, no care towards their customers and because we are customers who are not going to pay them anything as our products are still under warranty, they are really not interested in us, we are more like a liability on them (at least that's what I felt from my visit).

Refrain from going there guys, look out for an alternative Apple Authorised Service Centre. My positive experience was with the one at Galaxy Mall, Nehru Nagar, Near Shiromani Complex.
Their office is located at second floor in that mall, the person whom I met with was very humble and actually cared for me queries to get them resolved in a manner that would be best for me.

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