Rajkot: In a ruling reinforcing consumer rights in Gujarat, the Rajkot District Consumer Disputes Redressal Commission ordered a mobile phone retailer and a warranty provider to replace a defective iPhone or refund Rs 1.67 lakh with interest, after repeated malfunctions and alleged service lapses.The commission ruled in favour of Kirit Mardiya, a Rajkot resident, directing Phonewale Limited and Onsitego Pvt Ltd to either provide a fresh device or return the full purchase amount with 6% simple interest.Mardiya had bought an Apple iPhone 13 Pro Max in November 2022 along with a two-year comprehensive coverage plan from Onsitego. The total cost, including protection cover, was Rs 1.67 lakh.According to his advocate Gajendra Jani, the device was later replaced with an Apple iPhone 14 Pro Max on Aug 11, 2023, after Mardiya paid an additional Rs 10,000 following damage to the original phone.However, the replacement device allegedly developed faults while still under warranty. When Mardiya sought a replacement under policy terms, the companies delayed action, claimed the phone had no defects and refused to replace it, prompting the complaint.Mardiya approached the consumer forum, alleging deficiency in service and unfair trade practices. He argued that services promised at the time of sale were not provided when required. Jani said the retailer collected the premium for the protection plan on behalf of Onsitego.The commission issued notices to both firms, but their representatives failed to respond, appear or file a defence within the stipulated time. The forum then proceeded ex parte.Relying on documentary evidence, including email exchanges in which the companies appeared to acknowledge the defects and discuss replacement, the commission found merit in the complaint.In order of April 7, 2026, the forum directed both companies to jointly replace the phone. If the model is no longer in production, they must refund Rs 1.67 lakh with 6% interest. The commission also awarded Rs 5,000 to Mardiya towards litigation costs.
