The inhabitant of Krasnoyarsk sued store over 50 000 rubles for a defective iPad. According to the materials of the case, last summer, a man bought at a local store with an iPad mini tablet $ 20-600 rubles. But after a month and a half in the device is found to be defective — flickering screen, hang a picture, but after reboot the screen turned white. The man asked to replace a defective product, but the seller refused him, offering self-refer to an authorized service center. The buyer sent to the seller a written claim on the replacement iPad or termination of the contract of sale and purchase and the refund, but again was refused. Then the buyer filed a lawsuit in the court.
According Newslab, merchandising expertise have established the presence of a defect in the hardware of the iPad production and technological nature, with traces of breach of terms and conditions have been identified. In the spring of this year the court decided to terminate between the parties to the contract and to recover from the company in favor of the buyer 20 600 the cost of the tablet, 3 000 roubles of the penalty, 3 000 rubles compensation for moral damage and 13 300 rubles fine for dissatisfaction of customer requirements on a voluntary basis.
The court also ordered the defendant in favor of plaintiff 7 000 rubles for legal costs for representation in court and for the formulation of claim or claim, 1 500 rubles per power of attorney and 7 $ 100 for the expert services and income of the local budget 1 500 roubles of the state duty. The plaintiff, the court ordered them to return the tablet to the seller.
“Considering underestimated the amount of a penalty, the man disagreed with the judgment and twice appealed to the appellate and cassation. But Krasnoyarsk regional court upheld the judicial act without change, indicating that the court of first instance reduced the amount of damages in connection with its excessive and thereby established the necessary balance between responsibility and assessment of consequences of infringement of obligations. Thus, in September 2015, the regional court refused to transfer the cassation complaint of the plaintiff for consideration in judicial session of court of cassation,” explained a press-the court Secretary Natalia Mishanina.
This is not the first case of return of the defective iPad to the seller through the courts. In 2013 the buyer of the new iPad sued for a dent on the device housing 33 000.
