Apoorva M. Sheth (Unemployed) 21 August 2009

HP 530 Laptop sold from Grey Market to me.

Respected All,

Hello! This is Apoorva from Mumbai. I am in deep trouble at the moment. Following is my painful issue:

I purchased an HP 530 Laptop from a private dealer here in Mumbai in the month of June, 2008.

At the time of delivery, I did not receive Proof of Purchase copy nor a Warranty card. Furthermore, I received this HP 530 Laptop in an HP Carry case bag in an unsealed condition. I asked my PC Dealer that I have seen Laptops sold in supermarket in a proper seal box carton whereas he has given me in an HP Carry case bag to which he replied:

“The place from where he obtains this HP 530 Laptop, they open the seal carton at their end and supply it in this manner”. However I found this explanation of his to be quiet wired to be accepted however, I somehow accept it just b’coz previously I purchased many other computer products from him in the past.

Now, in April 2009, my HP 530 LCD Screen developed faults therefore, I took this laptop to his office. He further sent it to a service centre name Ashtech Infotech Pvt Ltd in Mumbai. After few weeks, I HAD TO follow it up with him (Instead him informing me with the update to my case of LCD Screen replacement) and he said to collect the laptop from his office as my case has got rejected by this small HP Service Centre. I couldn’t accept this argument of his at all b’coz it is not my fault at all if my LCD screen developed faults. I called up HP Bangalore and talked to their top supervisor and they were extremely kind enough to understand my issue and were ready to replace my LCD Screen.

Now, I had to run all the way to my PC dealer’s office to collect the laptop and Proof of Purchase copy and then run all the way to HP’s main Service Centre located at Andheri (e).

At the service centre, they said that the Proof of Purchase copy that I have does not contain my HP 530 serial number and company stamp on it therefore replacement of LCD screen might get rejected in the HP replacement dept. However, they insisted that even if I could arrange to send them a scan copy of the Proof Of Purchase copy via email on that day before 17:30 with the needed information, they will accept it for LCD screen replacement purpose. I begged in front of my PC Dealer on phone that afternoon on Saturday to atleast send me a scan copy as requested by HP so that I can forward it to HP Service Centre however, he didn’t co-operate with me at all and remain completely adamant.

Finally, day ended and I was left back without any help. I also told him how critical it is to send it before 17:30 b’coz the next day happens to be Sunday and my case of replacement will unnecessarily get pended to Monday. However, he didn’t show any mercy on me at all.

You know why? B’coz I have already paid him all the money of the laptop but service is still remaining to be given. Therefore, now he knows that since he is in possession of all the money, he can behave and press the customer below his feet whenever he wants to and this is what happening with all the poor customers like me.

My PC Dealer is not a human being but a wild animal with Wild Animal’s mind fitted in this criminal brain. Furthermore, he expected me to COME BACK to his office again to take the company stamp on this Proof of Purchase copy when it was his responsibility in first place to provide me with the perfect proof of purchase copy the day I purchase this HP 530 laptop from him. However, he was not at all ready to provide the Printed Serial number on the Proof of Purchase copy (HP strictly insisted to provide printed serial number and not hand written) and made all false argument to harass me saying that my software doesn’t have setting to further edit and enter the serial number.

After submitting my laptop to HP service centre, I get a shock of my life when I received an email from HP Bangalore (within few days of submitting my case) mentioning that this laptop was supposed to be shipped to Dubai and if it is sold here in India, then it belongs to grey market product. So, this cunning PC dealer left no stone unturned in harassing me all the way right from selling such illegal products to customers without their knowledge till the replacement procedure.

Now I would like to ask all of you: “What should I do if I am being harassed till such extent? Is it just b’coz we as customers faithfully pay all the money to these criminals (PC Dealer) + on time to later suffer from such problems and feel ourselves as completely small in front of such cheap mentality computer dealers?”

I am looking forward to following relief:

1. Complete refund of money paid against purchasing this HP 530 laptop.

2. Refund of Court fees, Advocate fees (if hired), etc…

3. Compensation of Rs. 1 Lakh for the mental tension I went through and for such high level of cheating case of selling grey market laptop to a customer.

4. Since April, I was unable to use my laptop therefore; I am also looking forward to 18% interest on my HP 530 Laptop’s actual cost of Rs. 36’500 as further compensation.

Therefore, what are my chances of winning this case and surety to get all the above mentioned relief? I have a strong proof from HP via email that confirms that this laptop was supposed to shipping to some city in Dubai.

Kindly help me out please…..And Thanks for your valuable time in going through this painful experience of mine ! ! !

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4 Replies

Raman ( ) 21 August 2009

Dear Apoorva,

I fully understand your anguish and would like to ask you few questions here:

Was your inquiry placed in oral format or written format in regards to find the Proof of purchase copy, immediately after purchasing the computer (in 2008)?
Have you finally got the Proof of Purchase Copy and the Serial Number from your private dealer? If not, how could you submit your laptop to HP center as you mentioned "...After submitting my laptop to HP service centre, I get a shock...." ?
Have you ever checked the BIOS of the computer to see the Serial Number ? Normally SN# sits there!
Have you filed a Complaint in Consumer Forum?

If you didn't meet the above points (especially point# 1) then I don't think, you have sufficient ground to claim ...

I believe, the private dealer has meticulously wiped out the evidence. Please let us know your thoughts ... thanks.

Apoorva M. Sheth (Unemployed) 22 August 2009

Dear Aman,

Hi! Thanks for your reply to my query asked! Yes, I am seriously frustrated as I had purchased this laptop from my hard earned salary therefore you can imagine my pain. And this criminal PC dealer cheated me whom I used to deal with from past 3 yrs buying PC products. However, I started to face serious issues and many a times heated arguments with him over the phone when it came the time for me to claim service from him. He has harassed and make me go mad like anyhow b’coz of his extremely bad & poor service throughout the year 2008 and to top it up, his worse behaviour against me and his attitude of never listening to its customers or caring about the mental problems his customer faces b’coz of his adamant mind.

Anyway’z, seems like these all was meant to be in my destiny. Now, here are the answers to your questions asked:

1. Was your inquiry placed in oral format or written format in regards to find the Proof of purchase copy, immediately after purchasing the computer (in 2008)?

Ans: Well, I couldn’t understand this: “Was your inquiry placed…”. I mean are you asking if my inquiry for Proof Of Purchase copy was placed in oral / written format to my PC Dealer? All I could answer to this question is that I had purchased this laptop in June, 2008. At that time, I did not receive any Proof of Purchase copy Nor any Warranty card. However, this year, in the month of April when my HP 530 LCD screen developed faults and sent for replacement to HP, that’s when I realised that I don’t have Proof of Purchase copy which they are insisting for.

2. Have you finally got the Proof of Purchase Copy and the Serial Number from your private dealer? If not, how could you submit your laptop to HP centre as you mentioned “...After submitting my laptop to HP service centre, I get a shock....”?

Ans: Yes, before I dragged this culprit to his local area Police station (for not being ready to give me Computer Printed Serial Number of my Laptop on the Proof of Purchase copy as insisted by HP Bangalore), I did manage to obtain my Proof Of Purchase copy from him at the time of picking up my laptop from his office (a day before I dragged him to Police Station) and taking the same to HP Main Service Centre at Andheri (e).

“how could you submit your laptop to HP centre…”

At the time of submitting my laptop at HP Service Centre, I had Proof of Purchase copy (but without the Computer Printed Serial Number & Company Stamp on it) therefore I was able to submit my laptop. However, HP said that my case of LCD Screen replacement will get rejected at the HP Replacement Dept. since my Proof of Purchase copy were missing key information. I also had a Delivery Challan with me which had my HP 530 Laptop’s Serial Number printed on it. And this Delivery Challan had a Challan # which referred to that Challan # mentioned on the Proof Of Purchase copy. I know this sounds very idiotic, wired and complicated to understand and accept but this is what this wild animal has given me. However, I strongly believe that this shouldn’t be the way at all to provide a Proof of Purchase copy bill to a consumer wherein half information lies on one bill and the other half on another bill.

3. Have you ever checked the BIOS of the computer to see the Serial Number? Normally SN# sits there!

Ans: Well, never required to go into the BIOS to check the serial number as the same is mentioned at the bottom of the laptop in a permanent print mark.

4. Have you filed a Complaint in Consumer Forum?

Ans: Well, I did pay Membership fee of Rs. 250/- to ICRPC (International Consumer Rights Protection Council) and on my behalf, 1^st legal notice was sent to the opposite party. But as I told, it just makes a least difference to my PC Dealer to bother or think of….even if a legal notice from Consumer Council comes and lands in his Inbox. He least cares about the law and its powers. The notice was sent to him on 8^th August, 2009 but trust me, till date, I haven’t received any reply from him nor any phone calls.

This itself could make anybody understand how carelessly these computer dealers in India take the “Legal Notice” sent to them by Consumer Court / Council”. Now after the seven days notice period expired, Consumer Council has asked me to pay Rs. 5000 as full advance for preparation of case papers. Now from where will I arrange this Five Thousand rupees? I have already suffered a loss of Rs. 36’500/- on my Grey Market Laptop with no single gain so far but all I faced is harassment & mental tension day in and out. This is seriously unfair if I need to initially bear this cost.

Even while at Police Station, this culprit made my father and me wait for 1hr 30mins before he reported to Police Station. My father is a Blood Pressure patient and we didn’t even have our food that morning since we were called to come down to Police Station at 11:00 in regards to our verbal complain against this PC Dealer for harassing us and not helping us with a proper information required on Proof of Purchase copy.

However Aman you see…, this is the system of Law and our Police Department in India, though we are 100% right and we are the one to complain against our PC Dealer, yet as if we are criminals are being kept waited in the Police Station of this PC dealer’s local area and this accuse, culprit reports at Police Station like a king at his own convenient time after making us wait such long as if he has complained against us. After waiting for 15mins…30mins, we did ask one police at the police station that its high time you should approach his house and get him to Police station when we are here with complain against him, how could you make us wait to which this careless Police replies: “Ha Ha, Usko Bola Hai…Woh Aa Raha Hoga”, and this happened for twice as if my PC Dealer is Prime Minister of India. So, you can study the attitude of Police at Police Station as if he least cared about me or my father who at an age of 60 (Blood Pressure Patient) were being waiting for this culprit to report. This becomes another big harassment we faced apart from the Grey Market Laptop sold to us and thus cheating us.

Anyway’z, life itself at time is a problem and we all need to deal with it.

Apoorva M. Sheth (Unemployed) 24 August 2009

100 Views and no legal advice provided so far by any advocate?????

I don't think if my question asked is that difficult to understand and give free legal advice.

Or are advocate less capable of understanding my question mentioned above?

B'coz it is seriously shocking that 100 people have viewed this question of mine but nobody has answered yet? I simply cannot digest this.

Waiting for a reply at the earliest....

Regards,

Apoorva.

Vigneswaran (Lawyer) 12 October 2009

I think you should consult a lawyer at his office with the necessary particulars since your case seems to be complicated we cant discuss everything in the forum.Advocates are capable of understanding your question its just that they cant without prejudice guarantee u everything so better consult a lawyer whom would resort u to the best of the remedies.