The South Delhi District Consumer Disputes Redressal Commission directed Apple India to pay Rs 1 lakh compensation after a consumer failed to trace his stolen Apple iPhone using the Find My feature despite it showing the device remained “findable”.
NEW DELHI: The South Delhi District Consumer Disputes Redressal Commission has instructed Apple India to compensate a consumer Rs 1 lakh due to the company’s failure to adequately disclose conditions related to the Find My feature on the iPhone.
The complaint originated when the consumer was unable to trace his stolen iPhone, even though the device indicated that it remained “findable” after being turned off.
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In their ruling, the panel, comprising Monika A Srivastava (President) and Kiran Kaushal (Member), noted that the message could mislead users into thinking that their phone could be tracked even if it was off, neglecting to clarify that the feature would only work if the “Find My” function had been activated beforehand.
They stated:
“This Commission finds OP (Apple India) to be guilty of deficiency in its services in not providing the users complete information regarding the said feature by informing/prompting them to click on the said feature and thereby making them believe that the information/statement ‘iPhone findable after power off’ is complete.”
The complainant, a resident of Delhi, had purchased an Apple iPhone 13 in February 2022, upgrading from his previous iPhone 11 Pro. He reported the theft of the phone along with other devices from his home in September 2022 and subsequently filed a first information report (FIR) with the police.
Having used iPhones since 2015, he believed in the brand due to the claim that the “iPhone findable after power off” message provided assurance that the device could still be tracked if lost or stolen.
After the theft, the complainant tried to locate his phone through Apple’s website and customer support but was unsuccessful. He alleged that there was no effective help despite reaching out to customer care and authorized service centers.
Feeling harassed and distressed, he sought a refund for the phone, Rs 5 lakh as compensation, and reimbursement for legal expenses.
Apple India disputed the claims, asserting that it was not legally responsible for locating a stolen phone, emphasizing that this duty falls to law enforcement. The company also contended that the feature in question would only be effective if the “Find My” function had been enabled and if the phone was connected to a cellular or Wi-Fi network.
Furthermore, Apple stated that the complainant had not activated the “Find My” feature until January 2023, months after the theft. They indicated that they had communicated via emails that the “iPhone findable after power off” function depends on the device’s association with the “Find My” network.
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The Commission acknowledged that the message on the phone simply indicated that the iPhone was findable after being turned off, without any accompanying asterisk, disclaimer, or indication that additional conditions were necessary for the feature to operate.
Although Apple’s legal representative demonstrated during the hearing that clicking the message reveals the need for “Find My” to be enabled, the Commission ruled that such critical information was not conveyed to users effectively.
The Commission observed,
“The user would take the statement (iPhone findable after power off) to be true and a complete statement as there is no pre-condition attached to it,”
As a result, the Commission ordered Apple India to pay the complainant Rs 1 lakh in compensation.
Advocates Aneesh Ahmed and Md Miskeen represented the complainant, while Advocate Anchal Pund defended Apple India.
Case Title: Shan Mohmmed v. Apple India.
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