The North District Consumer Disputes Redressal Forum held that iWorld, a premium reseller of Apple products, "practiced deception" by selling Ankit Singhal, a medical student, a second generation iPod by "representing" it as third generation and directed it to refund the cost of the gadget.
"When the customer demanded third generation iPod, it was duty of the seller to sell only third generation iPod. In the present case complainant (Ankit Singhal) was sold a second generation iPod representing it to be a third generation which is in the nature of deception practiced upon a customer just to sell inferior iPod.
"The thing sold did not conform to its description. In the circumstances we are of the view that complainant is entitled for refund of amount of iPod. Accordingly, we direct the opposite party (iWorld) to refund the amount of Rs 12,400, the price of the iPod," the bench presided by Babu Lal said.
Ankit Singhal, a student of Maulana Azad Medical College, had alleged that he had asked for a third generation iPod but the iWorld had sold him a second generation product instead.
He had said the invoice given by the store showed the iPod as third generation, but later when he had checked its details on the Apple website he found it to be second generation.
Singhal had said that despite his requests, the store neither replaced the iPod nor refunded the amount paid by him.
He said he had bought the iPod for Rs 12,400 from the iWorld, as he required it for the purpose of his studies.
The forum had proceeded ex-parte against iWorld as no one appeared for it and directed the retailer to collect the iPod from Singhal at its own expense and pay him the Rs 12,400 as refund and a sum of Rs 5,000 as litigation cost.
