New Delhi: The Supreme Court has expunged an observation made in an order passed by the Odisha Consumer Commission, saying it is the duty of Apple India to trace stolen iPhones with the help of Unique Identity Number.
A bench comprising justices Vikram Nath and Satish Chandra Sharma said, "We feel that the said observations were not warranted. Accordingly, we direct that paragraph 14 shall stand obliterated from the order dated 26th November 2020 of the State Commission. The Special Leave Petition is disposed of accordingly. Pending application(s), if any, shall stand disposed of”.
The counsel, representing Apple India Private Ltd., submits that the respondent-complainant has been suitably compensated after the order of the District Forum, before filing the present special leave petition. The counsel further contended that the grievance which remains with the petitioner is with regard to Paragraph 14 of the order dated 26th November, 2020 passed by the state commission.
“From the above observations, it is clear that on receipt of a complaint from the complainant, it was the duty of O.P. No. 2 to take proper steps to trace the stolen mobile. O.P. No. 2 failed to take immediate steps even after receipt of relevant documents from the complainant. This amounts to deficiency of service on the part of O.P. No. 2. It was the responsibility of O.P. No. 2 to trace the stolen iPhone with the help of a unique identity number provided by O.P. No. 2 specifically for the purpose of stealing, missing, and damage caused to iPhone”, said the paragraph from the order passed by the state commission.
Apple’s counsel said if such observations/directions are continued to remain, the petitioner company would become a law-enforcing agency for recovering lost products marketed by the petitioner. “Learned counsel for the respondents state that it is true that the respondent has been suitably compensated. However, he has nothing to say so far as the existing grievance of the petitioner is concerned”, noted the bench, in its order passed on February 16.
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