On Wed, May 14, 2008 at 7:26 AM, Raj Mathur wrote: > On Wednesday 14 May 2008, Manish wrote: > > [snip] > > > It's not Microsoft who is supposed to refund but the reseller (as I > > understand from the license.) Besides the license asks to contact > > the "manufacturer or installer", if you do not agree to the license, > > "to determine their return policy for a refund or credit". And then > > they tell you that the policy is to not refund. How contrivedly > > convenient. > > Ah, then you're very much within your rights to get a refund or credit. > After all, they can't blame you for following the instructions on the > licence itself!
I certainly hope so. > As a multitude of other people on this list have pointed out, the > consumer courts are probably the best place to take this issue to. > However, I'd let the vendor know that I was planning to approach the > consumer court beforehand, to give them a chance to be > gentlemen/gentlewomen/gentlepersons-of-indeterminate-gender, play nice > and refund the money before their name gets dragged in the mud. I have just been told not to waste their and my time about pursuing this further with them since "The management have made the decision, and we are not refunding you for the Operating System. This decision is final." I have told them that I intend to take this issue to Indian consumer court and have also requested them to share their Indian correspondence address so that a legal notice can be served on them. > On a side note, if this becomes common I wonder what changes MS is going > to make in their licence? :) Will they remove the ``if you do not > agree'' section altogether? Or are they required by law to keep it > there? None whatsoever. I suspect the clause exists because of US law and not because Indian law requires it which is why they sound so confident about brushing it off. Hence my repeated suspicion if it is binding under Indian law. Guess there's only one way to find out. > IANAL, TINLA. Ack. -- Manish _______________________________________________ ilugd mailinglist -- ilugd@lists.linux-delhi.org http://frodo.hserus.net/mailman/listinfo/ilugd Next Event: http://freed.in - February 22-24, 2008 Archives at: http://news.gmane.org/gmane.user-groups.linux.delhi http://www.mail-archive.com/ilugd@lists.linux-delhi.org/
