ANKUSH SARDANA (TECHNICAL) 30 April 2013

Want to appeal in state commission

ALL RESPECTED SIR/ MADAM

I HAVE PURCHASE LAPTOP FROM DELL FOR 68,800/-

THE ACTUAL PRICE OF LATOP WAS 75,704/- I GOT CORPORATE DISCOUNT WHILE PURCHASE. SO I PAID 68,800 WHILE PURCHASING LAPTOP.

LAPTOP WAS UNDER 1 YEAR COMPLETE COVER WARRANTY POLICY. INITIALLY I FACE PROBLEM IN MOTHERBOARD OF LAPTOP WHICH WAS REPLACED BY DELL. AND AFTER 2-3 MONTHS HARDISK OF LAPTOP GOT FAILURE FOR THAT COMPANY WAS READY TO REPLACE THE HARD DISK. BUT AS MY LAPTOP WAS VERY NEW AND SO I WAS SHOCKED WITH SO MUCH OF MAJOR COMPONENTS FAILURE IN VERY SHORT PERIOD. THATS WHY I DENIED THEIR PROPOSAL OF HARD DISK REPLACEMENT.

FINALLY CASE WAS TRANSFERRED TO REPLACEMENT TEAM OF DELL AND THEY APPROVED REPLACEMENT OF WHOLE UNIT.

NOW THE MAIN PROBLEM STARTS......

THIER COMPLETE COVER WARRANTY POLICY SAYS "IF WE DECIDE THAT IT IS NECESSARY TO REPLACE THE PRODUCT RATHER THAN REPAIR IT YOU WILL RECEIVE THE PRODUCT EQUIVALLANT TO OR BETTER THAN THE PRODUCT YOU ORIGINALLY PURCHASED FROM US IN OUR SOLE AND REASONABLE DISCRETION."

IN MY CASE DELL REPLACEMENT TEAM TOLD ME THAT THEY HAVE STOPPED PRODUCTION OF SIMILAR PRODUCT SO THEY CANT OFFER ME SAME PRODUCT.

NOW THEY STARTED OFFERING ME LOWER CONFIGURATION OR MY PAID AMOUNT 68800/- WHICH WAS AGAINST THEIR POLICIES.

ACTUALLY DELL TEAM IS HAVING ONLY ONE BETTER CONFIGURATION AVAILABLE IN PRICE RANGE OF RS. 1,60,000/- SO THEY ARE NOT READY TO REPLACE MY LAPTOP WITH BETTER ONE / SIMILAR ONE. DUE TO THIS THEY STARTED BREKING THEIR POLICIES

I FILED A CASE IN DISTRICE CONSUMER FORUM. DISCTRICT CONSUMER FROUM HAVE DISMMISED THE CASE WITH NO COST. FORUM HAVE MENTIONED THE THING AS OPPOSITE PARTY IS READY TO PAY AMOUNT OF RS. 68800/- SO THEY ARE NOT HAVING DEFICIENCIES IN THIER SERIVCES. I AM NOT HAPPY WITH THIS DECISION AS IT IS CLEARLY MENTIONED IN THIER POLICIES THAT OPPOISTE PARTY SHOULD OFFER SIMILAR / BETTER PRODUCT IN THIER SOLE AND REASONABLE DISCRETION. IN THEIR SOLE AND REASONABLE DISCRETION THEY ARE BOUND TO OFFER ME A BETTER LAPTOP. DISTRICT FORUM HAVE NOT CONSIDERED THE PART THAT THEIR IS NO OPTION OF REFUND AVAILABLE IN CASE OF REPLACEMENT. OPPOSITE PARTIES ARE OFFERING ME REFUND AS THEY ARE GETTING LOSE OF APPROX 90,000.

DISTRICT COURT HAS JUST GRANTED ME 68,800/- WHICH IS MY PAID AMOUNT. AS ON DATE THIS AMOUNT IS NOT SUFFICIENT TO PURCHASE SIMILAR CONFIGURATION. EVEN DELL TEAM IS ALSO NOT HAVING SIMILAR CONFIGURATION IN SAME PRICE RANGE.

SO FACT IS THAT DELL IS OFFERING ME LOWER CONFIGRUATION LAPTOP IN CASE OF NON AVAILABILITY OF SIMILAR LAPTOP WHICH IS AGAINST THEIR POLICIES SO IT IS DEFICIENCIES IN THEIR SERVICES. THEY ARE OFFERING ME REFUND OF MY PAID VALUE AS THEY ARE GETTING LOSE IN CASE IF THEY FOLLOW THE POLICIES.

I WANT TO APPEAL IN STATE COMMISSION IN MY CASE.

WHAT SHOULD I DO?

AM I RIGHT AT MY PLACE?

OFFERING A LOWER LAPTOP / REFUND OF PAID AMOUNT (WHETER BETTER LAPTOP IS AVAILBALE) AGAINST THEIR COMPLETE COVER WARRANTY POLICY, IS THE DEFICIENY IN THEIR SERVICES OR NOT?

AWAITING REPLY

THANKS TO ALL

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4 Replies

(Guest)

@Querist,

The company is right.You have no case in hand.

If you have got the amount, you can purchase new brand laptop of different company.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

ANKUSH SARDANA (TECHNICAL) 30 April 2013

Originally posted by : newS_Know!!!
	@Querist, The company is right.You have no case in hand. If you have got the amount, you can purchase new brand laptop of different company. Note-This reply should be taken as per the declaration given in my profile page. Thanks, Regards,

BUT SIR, THEIR POLICIES SAY THEY HAVE TO GIVE ME EITHER SIMILAR OR BETTER LAPTOP. BUT THEY ARE OFFERING ME EITHER LOWER LAPTOP OR REFUND? IS IT JUSTIFIED? AS ON DATE SAME CONFIGURATION IS NOWHERE AVAILABLE IN SAME BUDGET. SO WHAT IS MEANING OF THEIR WARRANTY POLICIES... DELL CHARGES 11,000 PER ANNUMN FOR ONE YEAR COMPLETE COVER WARRANTY. ITS A HUGE AMOUNT IN CASE OF LAPTOPS SO THEY SHOULD BE BOUND BY THEIR POLICIES.

(Guest)

@Querist,

1.See the above 'Companies terms and condition' which you posted in your query itself.You missed the word 'Reasonable'.

2.The Company was agree to provide you next higher configuration in case that the laptop having the configuration which you bought with,But this higher configuration replacement must be reasonable. The difference between the price range you bought the laptop and the price range of next higher configuration is very high and your demand looks un-reasonable.

3.The company has no malicious intent.They also offered you to pay back that amount.

4.On the question of the current value of your money paid, think from company point of view. You used the laptop for some time and left it to be called only a second hand laptop which may not any market value.Can you compensate company for that!!!

5.The company is ready to pay back your amount.Therefore,accept this amount and buying a new laptop of your choice will be a best path to choose.

I have nothing more as a suggestion to offer.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

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