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(Guest)

Dell Laptop Cheating Case

Customer bought a Dell Laptop Studio 1555 in October 2009 on a payment of Rs. 59918 via DD. The order included a Video Graphics Card of 512Mb. When she checked the Laptop, the card was only 256Mb. The sales guy promised on the phone to have the balance money refunded to me. I also have email conversation where I have sent a complaint on his request through email. No response yet. Before that customer sent multiple emails through their website. Talked to their manager in sales side. He said he will respond in 2 days and its been more than a week now. Customer doesnt have the copy of the DD, but has all other documents (sales receipt etc) from Dell to show that they have charged more for a product with less specifications.

The problem is - Customer is in mumbai and ordered through their website. Their customer service is in Bangalore and the Dell sales office is in Gurgaon. What would be the jurisdiction if i file a consumer complaint? Who would the complaint be addressed to and what are the documents needed?
PLease help



Learning

 22 Replies

adv. rajeev ( rajoo ) (practicing advocate)     03 December 2009

Bombay Dist., consumer forum will have the jurisdiction to entertain the complaint.  Order was placed from bombay thru., the website and it is delivered to you at Bombay.

Your averment should be clear like this. And another thing is that you have to plead the laptop is using to earn  for daily livelyhood.

2 Like

(Guest)

From where Customer placed her order is her Jurisdiction. i.e.Bombay. You have to file on Dell in Indian Office branch. i.e.Gurgaon and making Customer Service as a Party (second respondent). You have to produce order copy, DD counterfoil, receipt of the Dell, Configuration of order placed DELL LAPTOP computer and its price.

 

1 Like

Kiran Kumar (Lawyer)     03 December 2009

Dell people are fraud...even i faced a problem with them.

 

i also purchased Dell laptop online....they dont give what they committ online and on phone, in fact their sales people cheat customers....thats why most of the customers say Dell is Hell.

 

act as Rajeev ji advised.


(Guest)

Good Lawyers. Tell a lie like constitunal law and complain against the sales personal. Those instructions are advised from the top management not a sales tacktics. The sales personal only earn for daily livelyhood lawyer sir. They are doing the business in India each and every purchaser is not complained. Out of 100 hundren it is possible it may be one or two wrong doing. The sales personal already commited we will return back the amount. They are presurised every day work. There is a system for refund of balance.It has to come from accounts department. Not from sales. Please bare with them. After getting the refund please again tell in this forum I recieved my money from them. Thanks. But not to blame any one. You must blame your self ordering a computer from internet.

Kiran Kumar (Lawyer)     03 December 2009

Mr. Gandhi then make an effort and get me my money back.

 

for DELL there are no showrooms and the purchase has to be made online only to the extent i know.

 

if the management guides them to do so then its more like a fraud and illegal trade practice.

 

i had to accept the laptop as i have no time to prusue personal litigation, but i made sure that my friends should not buy Dell machines.


(Guest)

MK Gandhi ji,

Both customer service is in Bangalore and the Dell sales office is in Gurgaon held responsible. When Customer placed his order and they have to provide as per customer's order. If they failed to provide efficiency of service it is nothing but cheating. Customer is a God to the business establishments.

I personally experienced in Exports some companies show standered products and after import about 40 to 45 percent found sub standered.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 December 2009

I do agree with Kiran and Sathya ji.

Gundlapallis (Advocate)     04 December 2009

Why buying something like laptops through internet??? when we have somany outlets selling them (may be not DELL) but all other reputed makes !


(Guest)

What is wrong with ordering from the internet? What sort of an argument is that its the customers fault that the order was placed on the internet. the order was placed through a legitimate channel online directly from Dell. No third party site was involved. And why to get defensive about problems of sales department. As far as the customer is concerned, he doesnt need to subject to deficient service just because the sales team is under pressure. And reminder that the case is about not fulfilling promises that were expressly made to the customer. The customer is not asking for something that is not supposed to be given or a favor. He is asking what he is entitled to. The sales is mentioned because they are the ones that the customer interacted with. This reflects the bureacratic mentality of ours. Shunting from department to department without any clue as to who should we be talking to. customer services and sales support is non-existent is India. The customer is not expected to be concerned about whats wrong with sales. The sales team is not going to give money out of their pockets.

Like lawyer or any other analytical person, everyone offered their opinions. To denounce them for giving their opinion and  then not arguing on facts reflects lack of understanding of how forum discussions work. But then, not everyone is perfect. Even i am learning.

Legal Wizard (Advocate)     04 December 2009

Well I will go with Mr. MK Gandhi, his stand goes with his name. Patience is the golden rule here. Dell commands a high good will and it can not be shrugged off in one incident. we have tendency to make hill out of a mole. 


(Guest)

this is not a show of strength or popularity contest. :(


(Guest)
Well Dear All, Please contact Dell India on 1-800-425 8045 ( Toll Free) or call 080 - 2506 8026 Dell Computer India Private Limited, 12/1, Divyasri Green, Inner Ring Road, Domlur, Bangaloor. Tel No. 080 2535 7311 If you have hardware related problem please press 3 and choose option sir. But not to blame any one as you wish. That is your weakness to express. But follow the procedure

(Guest)
Well All, Please contact Dell India on 1-800-425 8045 (Toll Free) or Call 080 2506 8026 DELL COMPUTER INDIA PVT LTD, 12/1, DIVYASRI GREEN, INNER RING ROAD, DOMLUR, BANGALOOR. TEL NO 80 2535 7311. IF YOU HAVE HARDWARE RELATED PROBLEM PLEASE PRESS 3 AND CHOOSE OPTION. BUT NOT TO BLAME DELL SIR.

(Guest)

my god. i cant believe that this is the same LCI where we used to have good discussions (even fighting). Do you presume that the customer comes here without contacting Dell Customer care. Its only after all other options have been exhaustive, including customer support, online support, technical support, email support as well as talking to the manager of Dell Sales, that finally its come to seeking legal opinions. The first mark of a legal professional is never presume or assume facts.

 

First of all, its never said that the Dell people are not talking to me. its just that they are delaying it beyond reason and without customers fault.

Secondly, directing the customer to a customer support number publicly available on the dell website is no suggestion at all. Its assuming that the customer has done nothing to get service from dell and has come to LCI directly.

Thirdly, the assumption that procedure was not followed. Again, here its assumed that the customer has done nothing but talk and has not followed procedure. Whereas the question is about what is the jurisdiction of the case.

Lastly, yes its my fault t hat i should have been more elaborate about my friends dillema. but the question was about jurisdiction which as already been answered. The needless defensive attitude of some members here is shocking. A simple question about jurisdiction turned into "who is wrong" debate. Thank god that there are still some professionals here who do not rest on past experience to type whatever t hey want. They encourage healthy debate and share their experience rather than impose it on someone.

Even then, if a customer shares his/her bad experience with Dell there is nothing wrong with it. I dont wake up one day and start hating dell. there is a reason to it. Just type dell customer care in google and you will know. Better still - Go to www.consumercourt.in where my friend and several others have talked about their experience with dell under the Laptop section.

Lets end this bickering here and move on to healthy discussions.


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