Tribunal rejects claim by Dane
Published on: Wednesday, May 22, 2024
By: Crystal E Hermenegildus
“The respondent damaged my iPhone by opening it several times which also harmed the built-in speaker. I returned multiple times for repair, but they refused, saying they were unable to fix it,” the claimant said. - Pic (freepik) for illustration only.
Kota Kinabalu: The Consumer Claims Tribunal rejected a Danish citizen’s claim of RM2,500 from DNA Mobil for allegedly causing his iPhone XS Face ID to malfunction after repair.
Tribunal President Salmi Zalinah Abdul Rahim made the decision after hearing statements from both parties, ruling that the claimant failed to provide sufficient evidence such as technician’s report that the respondent directly caused the damage to his iPhone.
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The claimant alleged that after the battery replacement, his iPhone began to malfunction and discovered the Face ID application no longer worked.
“As a result, I was unable to access my banking and payment applications, or update the iPhone, as these functions were supposedly connected to Face ID.
“The respondent damaged my iPhone by opening it several times which also harmed the built-in speaker. I returned multiple times for repair, but they refused, saying they were unable to fix it,” the claimant said.
He said when he took the iPhone to an Apple-authorised repair shop in Suria Sabah, he was informed the Face ID could no longer be used, although it managed to repair the Iphone’s speaker.
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In defence, the respondent, told the tribunal that replacing the iPhone battery should not cause the Face ID to stop working, as it relies on specific hardware components.
He said if an iPhone user has any doubts upon receiving an unknown notification on the device, it is advisable to send it to an Apple-authorised repair shop rather than trying to save money by taking it to other shops.
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“The Face ID will not function after the earpiece speaker or sensor is replaced, as it is paired to each iPhone. If replaced, it will cease to work,” he said.
During the hearing, the respondent submitted evidence, including search results from Quora.com, the Apple Support Community, and a snapshot of a WhatsApp conversation between respondent’s staff with a technician, and information from Ifixit.com.
In light of this, Salmi struck out the claim by the claimants as the respondent was only following instruction from the claimant which was only to change the Iphone’s battery.
In another case, a woman’s claim for a refund of her laptop for RM2,300 was approved after numerous scratches were found on it.
The claimant claimed to have purchased a HP Elitebook 1030 from Imika Empire Sdn Bhd.
The claimant attempted to address the issue by contacting the respondent’s employee but was dissatisfied with the service provided.
She also said she was unaware the respondent only sells refurbished laptops, despite there being a “refurbished item” label attached to the shelves in the respondent’s store.
During the hearing, the respondent proposed a solution to replace the damaged laptop with another one, but the claimant did not agree.
In delivering her judgement, Salmi said under Section 45 of the Consumer Protection Act 1999, the claimant has the right to reject the item by informing the respondent and explaining why.
She further explained that according to Section 46(a) and (b) of the same Act, the claimant can choose to receive a refund for what they paid or opt for similar replacement goods of equal value, provided they are available from the seller’s stock.
Therefore, she ordered the respondent to repay RM2,300 to the claimant within 14 days from the date of the award.
In other development, TTPM expresses gratitude to the Ministry of Domestic Trade and Costs of Living (KPDN) for recently installing Court Recording Transcription (CRT) systems in all Tribunal Courts in Malaysia.
This installation will streamline proceedings by accurately recording when it occurs.
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