[Resolved]  Dell — Unfair Trade Practices- Dishonour of warranty and complete accidental cover for 1 year

Address:

Bangalore, Karnataka

Hi,

I would like to highlight the unfair trade practices and deficiencies in services by Dell India in clear violation of Indian laws of land specifically Sales of Good Act 1930. They are exploiting ignorance of customers and defrauding them. Add to the same, different Dell executives are highly indifferent and least bothered about customer’s plight inspite of the legal notice.

The relevant fact based details which are well supported by legal documents are as follows:

1. I had received quotation IRSO2883556 for Dell Studio Laptop 1555 with certain additions to the standard configuration like 1 year complete cover for accidental damage protection, thereby covering the intended laptop with all accidental damage to the laptop and free replacement of damaged parts for one year. I placed order 0415699 under Dell employee order scheme through employee Ms. Sonali Vijay and the advance payment was made Oct 02, 2009 (a national holiday) by credit card. It is pertinent to mention over here that Dell customer is supposed to make the advance payment and only after 7-10 days of such advance payment the laptop is sold/ delivered to the customers. Accordingly, I was confirmed order and email copy was received from sales person Ms. Ratna Sharma on Oct 05, 2009. It is also important to mention here that Oct 03 and Oct 04 were weekly offs and Dell India was also closed on Oct 03 and Oct 04 2009.

2. I was confirmed vide email dated Oct 05, 2009 that manufacturing and shipment of the laptop would take maximum 7 days

3. I followed the order status online from Oct 05, 2009 onwards for the production movement records from work-in-progress, manufacturing build complete, ship from factory, courier and final delivery. The ordered laptop was put into production on Oct 05, 2009 and the manufacturing build was completed on Oct 07 in Dell factory in Tamil Nadu and the courier of laptop was received by my client in good order at his residence in Bangalore on Oct 09, 2009.

4. I had been enjoying good usage of the laptop till night of Oct 03, 2010 when the laptop bag containing the laptop fell from the chair from the height of about 2 feet. Upon checking the laptop, I noticed cracks on the LCD screen and big black spot of dead pixel measuring about 3 X 3 inch. I tried to call Dell support but could not lodge complaint on the night of Oct 03, as the Dell support is open on weekdays till 6 PM only. Accordingly, I lodged complaint on Oct 04, 2010 and was assigned Case #[protected] by Dell.

5. I received calls from Dell Support executives Ms Jaya, Mr. Rajeev and Mr. Deepak on Oct 05 and Oct 06 and to utter shock and surprise, I was refused the replacement of the laptop LCD screen on the grounds that both warranty and cover had expired on Oct 03, 2010.

6. I was extremely shocked and expressed dismay at the invoice date of Oct 03, 2009 when the order was confirmed only on Oct 05, 2009 and manufacturing of the specified laptop (with additional configuration) was completed by Oct 07, 2009 only and shipped accordingly. I had sent emails providing documentary evidence to the stated facts to: ‘[protected]@dell.com’ and ‘[protected]@Dell.com’

7. I was refused replacement of LCD for the accident happening on Oct 03, 2010 on Oct 04, 2010 although the laptop was under warranty and complete accidental damage cover till Oct 07, 2010 as per the actual facts of purchase order. Instead I was asked to pay about Rs.16,200 for replacement of LCD on Oct 05 by Mr. Rajeev. However, when I strongly disputed the acts of Dell and arm-twisting tactics of Dell India and misinterpretation of Sales of Goods Act, 1930, Mr. Deepak confirmed that even though he may agree to the facts, he is not authorized to ship LCD as the system won’t allow him to ship replacement LCD for want of the extended warranty and accordingly offered the cost of Rs 7,500 to Rs. 12,500 based on review by technician for additional cost of Rs 720, for replacement of LCD along with extension of warranty and complete cover for next one year.

8. I strongly feel cheated and at the mercy of Dell India inspite of payment of insurance cover for full one year for the laptop shipped from Dell factory on Oct 07, 2009 which was valid till Oct 07, 2010. The very fact that different costs were quoted on two different dates Oct 05 and Oct 06 raises suspicion on the support practices followed at Dell.

Legal Provisions

1. That as per applicable act, The Sale of Goods Act, 1930, Sec 18 provides
I. Goods must be ascertained- Where there is a contract for the sale o[censored]nascertained goods, no property in the goods is transferred to the buyer unless and until the goods are sanctioned.

Further, Sec 21 provides that in case of
II. Specific goods to be put into a deliverable state.- Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state, the property does not pass until such thing is done and the buyer has notice thereof.

2. I ordered for additional configuration to the standard configuration of Dell Studio 1555, the laptop was not in a deliverable state till Oct 07 when the laptop build was completed. Accordingly, as per the laws of the land, the said laptop cannot be invoiced earlier than Oct 07, 2009 and one year warranty and complete cover accidental damage protection should be valid till Oct 07, 2010.

3. I am entitled to full and free replacement of damaged LCD screen at the earliest and should not be subjected to evasive arguments which again highlights the malpractices of Dell India to back date invoice to ensure early lapse of warranty and accidental damage protection cover.

4. Dell India is indulging in unfair trade practices and there are deficiencies in the services. It is clearly cheating me and trying to take the benefit of its own wrongs as I have documentary evidences that the order was confirmed only on Oct 05, 2009 and the ordered laptop was actually received on Oct 09, 2009.

Under these facts and circumstances I hereby call Dell to:
1. Immediately replace LCD of the laptop of my client
2. Provide option to extend warranty and accidental damage protection cover for next one year at the standard rates
3. Pay the damages for delay in replacing the LCD

Since my work is adversely affected because of LCD damage, the replacement of LCD of the laptop and extension of warranty and accidental damage protection cover should be completed immediately.

In case of any default, I will take recourse of the court of law and to the followings:
1. File civil complaints against Dell under the above stated Acts and other relevant Acts like Consumer Protection Act, for the replacement of LCD and associated damages resulting from non-working of my client’s laptop.
2. Recovery of legal costs and incidental charges
3. Report the matter to the media and other regulatory bodies about the malpractices at Dell, misrepresentation of the provisions etc.
4. Report the matter to any other relevant medium, including social media

And in that event, Dell shall be entirely liable for all the cost(s) and consequences resulting there from.