Although Apple has created one of the strongest (likely the strongest) digital content stores in the world, it’s far from perfect. The iTunes Store has a number of fundamental problems, including the lack of a proper refund system.

Perhaps no one is more aware of this than Robert Herskowitz. The iTunes user was recently billed twice for the same song — Adam Lambert’s “Whataya Want from Me” — and was denied a refund by Apple. So he’s suing them…

According to Macgasm, Herskowitz has filed a class action lawsuit against the iPhone-makers for “unlawful policy and practice of refusing to refund customers who have been over-charged for purchases of products and services from Apple’s e-Stores.”

After discovering that he had been double-billed — an error that resulted in a $2.58 charge vs. $1.29 — Herskowitz contacted Apple asking for his money back. Here’s how they responded:

“Your request for a refund for “Whataya Want from Me” was carefully considered; however, according to the iTunes Store Terms of Sale, all purchases made on the iTunes Store are ineligible for refund. This policy matches Apple’s refund policies and provides protection for copyrighted materials.”

It’ll be interesting to see what the outcome of this case is. While it won’t likely force Apple to revisit its refund policies, it could pave the way for similar lawsuits which might eventually spark a change. Hey, it’s happened before.

What do you think? Is this guy being ridiculous, or is he fighting for a good cause?