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ajax (student)     19 September 2013

Meaning of final hearing

Can anybody please answer my queries

Legal meaning of final hearing in District forum, I mean what will happen in court on the day of final hearing..?

What is meaning of clean hands..?



Learning

 6 Replies

rahul (director)     20 September 2013

case is listed for argument, and then judgment will be passed.

ajax (student)     20 September 2013

and what's that clean hand.

Mohammed Sajid Khan (Advocate)     21 September 2013

You should approach court with clean hands, i.e. freedom from guilt, esp. from the guilt of dishonesty in money matters, or of bribe taking. Sometimes called the clean hands doctrine or the dirty hands doctrine,[1] is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy on account of the fact that the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands".[2] The defendant has the burden of proof to show the plaintiff is not acting in good faith. The doctrine is often stated as "those seeking equity must do equity" or "equity must come with clean hands". A defendant's unclean hands can also be claimed and proven by the plaintiff to claim other equitable remedies and to prevent that defendant from asserting equitable affirmative defenses. In other words, 'unclean hands' can be used offensively by the plaintiff as well as defensively by the defendant.

ajax (student)     28 September 2013

Thanks for Reply Mr. Khan ...

In my case neither I take any bribe nor I have any guilty.

Basically my case in Consumer District Forum is against Dell Company. They sold me defective laptop which dies after 19 months and when I ask them to repair it they says "its out of warranty  sir and I have to pay them 14500 Rs for its repair and warranty extension". I wasn't having that much money at that time so didn't accept their offer and left my laptop as it is.

The problem in my laptop was it graphic card failure. And when I searched about this problem on internet I  came to know that this problem of laptop failure is affecting thousand  and thousand of peoples across the world. The Reason for graphics failure in laptop is defected Graphic card in laptop which is manufactured by NVIDIA Company ( Nvidia is leading manufacturer of Graphics card for laptops and Pc's). When this problem hit peoples in U.S they complaint against dell , Hp , and Apple. After Receiving So many complaints from customers these three companies file suit against Nvidia for providing defective graphic cards in their laptops which leads to laptop failure and Ultimately Nvidia accept that their cards are faulty. Dell and other two companies claim two million U.S dollars from Nvidia and assure Nvidia that the customer with Nvidia Defect will be given free repair and refund.

Dell announces on its website about the warranty extension from 12 to 24 months for  21 models affected by nvidia defect.

So when my laptop fails and bought to dell service center instead of telling me that my laptop is having extended warranty of one year they knowingly try to charge 14,500 Rs from me on the name of warranty extension.

So my Question is if they have claimed such a huge amount of 2 Million U.S dollars from Nvidia just to reimburse the customers then why company is not doing so and rather then reimbursing customers dell is asking customer to pay 14500 Rs for a defective laptop. Isn't it a big scam....?

In this regard I file a case against dell in Consumer District Forum. 

Honestly I don't have much knowledge about law as I am an Engineering Student So any help from the member of www.lawyersclubindia.com will be highly appriciated. 

4 oct 2013 is date of my final hearing. Till now what happened in this case is as follows:

1. Complaint is made against dell in may 2012

2. Court accept the case in 2012.

3. Dell lawer responded to my complaint in written

4. I replied back in written.

5. He again Responded back in written.

6. And now next hearing is final hearing 

What will happen there I really don't know and need help for that...!!

Mohammed Sajid Khan (Advocate)     28 September 2013

Your case is strong with all documents and proofs. Let us hope for the best in final hearing in your favour. In case of injustice done, you may appeal further. I expect some senor lawyers of this forum to advise you also in this issue. good luck.

Mohammed Sajid Khan (Advocate)     28 September 2013

Your case is strong with all documents and proofs. Let us hope for the best in final hearing in your favour. In case of injustice done, you may appeal further. I expect some senior lawyers of this forum to advise you also in this issue. do get back after final hearing. good luck.

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