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Synopsis

The Supreme Court has removed an observation made by the Odisha State Consumer Commission that it is the duty of Apple to trace stolen iPhones with the help of unique identity number.

A bench of Justices Vikram Nath and Satish Chandra Sharma said the observation was not warranted.

The court allowed a plea by the mobile phone maker if such observations or directions are continued to remain, the petitioner-company would become a law enforcing agency of recovering lost products marketed by it.

"We feel that the said observations were not warranted. Accordingly, we direct that paragraph shall stand obliterated from the order dated 26th November, 2020 of the State Commission," the bench said.

The counsel, appearing for Apple India Private Ltd, submitted that the respondent-complainant has already been compensated suitably.

He, however, said that the grievance which still remained with the company is with regard to the paragraph by the State Commission.

In its order, the Commission has said it was the duty of the company to take proper steps to trace the stolen mobile. The company failed to take immediate steps even after receipt of relevant documents from the complainant, it had noted.

"This amounts to deficiency of service. It was the responsibility of the company to trace the stolen iPhone with the help of a unique identity number provided by it specifically for the purpose of stealing, missing and damage caused to iPhone,” the Commission had said.