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Dr.Eunice (Dentist)     11 June 2013

Dell india vs. dr.eunice

A few days after I started using a Dell laptop, it developed minor problems, which they offered to repair.

Dell instead deliberately spoilt my laptop (wires were hanging out) and refused to replace it after making me wait & run around for over 2 years.

So I filed a case at the District Consumer Forum at Hyderabad – C.C 408/11.

I won the case at the District Consumer Forum but was awarded only 1,000/- as expenses and 5,000/- as compensation after almost 2 years of litigating.

So I filed an appeal at the AP State Consumer Forum in F.A - 341/11 to increase the amount of compensation in view of the unique circumstances of the case - I suffered several serious setbacks due to this spoilt Dell laptop.

Much to my astonishment, at the first date, the Respondent/opposite party was absent & before I could say anything, the Forum suo motu asked that my laptop be checked by the Respondent/opposite party/Dell India Pvt Ltd for defects if any.

Naturally I refused as it was against the principles of natural justice. I submitted a memo asking an impartial, neutral 3rd party to check the laptop.

So an ex-parte order was given in my absence where cases that were used in support of consumers were quoted against me even in the final order!

 

So I filed an appeal at the National Consumer Disputes Redressal Forum (NCDRC) in RP 1666/13. I wanted to know:

1) what will happen at the first hearing at the NCDRC

2) Is it mandatory that I/the petitioner be present at the first hearing at NCDRC, as travelling is required?

3) what will happen if the petitioner is not present at the first hearing at NCDRC?

4) what is the next stage? ie; what normally happens at the second/next hearing at NCDRC?

 

Thanks



Learning

 1 Replies

mohd mahboob (financial assistant)     26 June 2013

Yes you have to present in NCDRC or otherwise your advocate or represent will be present


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