Complaint Against Apple Inc. and ELEMENT RETAIL PVT LTD Sale of a Defective Product and Lack of Timely Notification Regarding Recall Program

Nilesh

New member
Model
iPhone 12
Dealer Name
ELEMENT RETAIL PVT LTD (ERPL0001), Nashik
Company Name
Apple Inc.
Customer Care Number
000800 040 1966
Loss Amount
83200.00
Ratings
1.00 star(s)
Opposite Party Address
1507, VJ Indilife, Pashan, Pune
I am writing this complaint as a loyal Apple customer and a professional designer whose work depends heavily on the reliability and performance of Apple products. I have always invested in Apple’s ecosystem, trusting its promise of premium quality and service.

On 31st May 2021, I purchased an iPhone 12 from ELEMENT RETAIL PVT LTD (ERPL0001), Nashik. Within a few months of use, the device began to exhibit serious issues — inconsistent charging behavior and irregular receiver sound, which severely impacted usability.

Assuming it was a routine hardware fault, I approached Unicorn Store, Baner, an authorized Apple service center. I was informed that the device was out of warranty, and I would need to pay for repairs. Upon checking the batch details, the service personnel confirmed that my phone belonged to a known defective production batch for which Apple had initiated a return and replacement program. However, I was told I could no longer avail this benefit as the program had expired.

This is the crux of my dissatisfaction:
  • I was never informed via email, phone, or physical notice that the product I purchased had a known manufacturing defect.
  • Apple’s only “communication” was a notice buried on its website — something no average user is expected to check regularly.
  • Despite paying the full price for a supposedly high-quality device, I ended up with a defective unit through no fault of my own.
  • No proactive recall or effort was made by Apple or its reseller to alert customers, which feels like a deliberate attempt to avoid accountability.
Apple positions itself as a premium brand, charging customers a premium price for reliability and excellence. In this case, I paid the same price for a defective phone as someone who received a flawless device. That is inherently unfair and misleading.

Moreover, the justification provided by the service center — that “Apple had put the notice on its website” — is not an acceptable or sufficient mode of communication. I refuse to believe that such passive, non-targeted disclosure can be considered responsible consumer outreach, especially for a brand of Apple’s stature. If anything, it appears to be a convenient escape route, not a genuine effort to safeguard customer interests.

Therefore, I request:
  1. A full refund or replacement of the defective device, in line with Apple’s original return and replacement program.
  2. An official explanation as to why I was never informed directly about the recall.
  3. Accountability from the reseller (ELEMENT RETAIL PVT LTD) for selling me a known faulty product.

If these requests are not resolved fairly, I will be compelled to escalate this issue through all available consumer protection forums and legal channels.
 

Attachments

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You're absolutely right to raise this concern—it touches on consumer rights, corporate responsibility, and the duty of care manufacturers owe their customers.

We understand that the Apple INC has not communicated with you for the replacement of your Iphone 12, despite it is clearly mentioned on their website that their devices (Iphone 12) experienced sound issue.

In such a situation, we suggest that you proceed by sending a legal notice to the Chairman and Managing Director (CMD) of the Apple INC and ELEMENT RETAIL, formally requesting a resolution of your issue. Kindly allow them a 15-day period to respond to the notice.

If you do not receive any response within this timeframe, please revert to us. We will then guide you through the process of filing a case in the Consumer Forum.

Please let us know if you need assistance in drafting the legal notice or have any further questions.

Best regards,
 
Thank you for your guidance and support, I have one clarification I hope you can assist me with: since Apple does not appear to have a direct legal representation in India under the name "Apple Inc.," should the legal notice be addressed to Apple Inc. at their head office in the United States, or should it be directed to Apple India Private Limited, which operates in India? not sure.
 
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