Apple is facing a class-action lawsuit filed with a New York district court on Tuesday on account of crippling iPhone 4S devices with iOS 9 upgrade. The plaintiffs in the case are owners of Apple's 2011 flagship iPhone who claim that the company knew about iOS 9's incompatibility with iPhone 4S, yet it released the new software.

Several complaints have been reported with regards to iOS 9 slowing down older iPhones, including iPhone 4S, iPhone 5 and iPhone 5S. But, this is the first official complaint in the form of a lawsuit filed by Chaim Lerman, accusing Apple of deceptive trade practices and false advertising that iOS 9 is compatible with older iphones and improves performance, security and battery life, Apple Insider reports.

The lawsuit, which includes more than 100 members with similar problems with their updated iPhone 4S, highlights the issues faced by the owners. After upgrading to iOS 9, iPhone 4S' performance was significantly affected, overall launch time for first and third party apps delayed, touch screen input failed and exhibited slow response.

"Plaintiff and other owners of the iPhone 4S were harmed when their devices' software was updated to the newest version, iOS 9. The update significantly slowed down their iPhones and interfered with the normal usage of the device, leaving Plaintiff with a difficult choice: use a slow and buggy device that disrupts everyday life or spend hundreds of dollars to buy a new phone," the lawsuit, embedded by Apple Insider, reads.

Once updated to iOS 9, iPhone owners cannot downgrade to an earlier version, which is not less than a nightmare, given the sluggish performance. The plaintiffs in the case also claim that Apple was aware of the negative impact of iOS 9 on older iPhones through internet testing, yet failed to warn its customers. Apple's ignorance in this matter financially benefits the iPhone maker as users have no choice but to upgrade to a newer iPhone, the plaintiffs claim.

The lawsuit filed against Apple seeks more than $5 million in damages. Judge Sterling Johnson, Jr., who is handling the case, hasn't announced any hearing dates as of this writing.