Supreme Court says Apple cannot be expected to trace stolen iPhone using unique identity number

The Supreme Court recently expunged an observation made in an Odisha State Consumer Disputes Redressal Commission order that it is the duty of Apple to trace stolen iPhones. (Apple India Private Limited v. Harish Chandra Mohanty and anr).A Bench of Justices Vikram Nath and Satish Chandra Sharma termed such a remark unwarranted."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.".The Court was hearing an appeal filed by Apple India against a National Consumer Disputes Redressal Commission (NCDRC) order passed in a complaint filed over a stolen iPhone.The complainant had bought an iPhone with insurance that included coverage for theft. However, after filing of a criminal complaint once his phone was stolen, Apple allegedly did not pay heed to the same in terms of compensation.A district consumer court directed Apple to refund the cost of the iPhone, along with costs of ₹45,000.The same was upheld by the state consumer forum, which noted:"It is clear that on receipt of complain from 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 complainant. This amounts to deficiency of service on the part O.P. No. 2. It was the responsibility of O.P. No. 2 to trace the stolen iPhone with the help of unique identity number provided by O.P. No. 2 specifically for the purpose of stealing missing and damage caused to iPhone.”The NCDRC confirmed the said order, leading to the instant appeal..After noting that the complainant was adequately compensated for the loss of the iPhone, the Court disposed of the appeal..Senior Advocate Rajshekar Rao with Advocates TVS Raghavendra Sreyas, Munish Mehra, Riddima Sharma and Siddharth Vasudev represented Apple India.Advocates Anirudh Sanganeria and Siddharth Sinha appeared for the original complainant..[Read order]