In August 2014, the resident of Penza has become the store of this organization iPhone 6 cost 52 990 rubles. Soon there was trouble: attempting to call, pentenes found that the device turns itself off, even though he was charged more than half, and more didn’t give life signs. It happened during the warranty period.
As reported by Penzainform, Ron contacted the seller with the claim in which asked to return money for the goods. He also paid for the examination, which found: there is a lack of industrial character.
Without waiting for a response to the statement, the man filed a statement of claim in which asked to collect in its favor the cost of the iPhone, the penalty for violation of terms of satisfaction of claims, incurred losses, compensation for moral damages and a fine in the amount of 50% of the amounts awarded in favor of the consumer.
A representative of the company with a lawsuit disagreed and stated that the defect could be remedied, but the buyer is not addressed with the requirement to replace or repair the device.
Merchandising judicial examination confirmed the industrial nature of the fault: down came the CPU.
According to the Law of the Russian Federation “About protection of the rights of consumers” the buyer, upon discovering the shortage in technically complex product, has the right to withdraw from the contract of sale and demand the return of money or replacement of the goods with the recalculation of the price within 15 days of purchase. When this period expires, the claims are satisfied in the case, if the goods suffer a significant disadvantage.
The court of first instance to collect from the JSC “the Messenger logistics” in favor of the buyer 196 565 rubles. Not agreeing with the decision, the Respondent appealed.
“Judicial Board on civil cases changed the decision, reducing the size of the penalty and fine. Thus, the defendant has to pay 185 437 rubles. The decision entered into legal force”, – reports a press-service of the Penza regional court.
This is not the first case of the return of the defective iPhone to the seller through the courts. In January 2014 years ago the inhabitant of Krasnoyarsk has seized at “Coherent” 90 000 rubles for the defective model iPhone 4s. In March of the same year, the court ruled “Euroset” to pay 95 000 rubles, a resident of Volgograd, who bought a broken iPhone 4s. In November, the court ordered more than 147 000 with a dishonest seller iPhone in favor of the buyer. At the end of 2015, the resident of Ekaterinburg were able to sue the money for the Apple iPhone 6, three months later, started to hang and shut down.
In all cases, the court decided to terminate the contract of sale and to recover from retailers in favor of the plaintiffs the amount spent on the purchase of phones, and liquidated damages, compensation for moral damage a penalty, the cost of the examination and legal fees.