Kamal,

This email was titled differently so missed to see this earlier.

On Wed, May 14, 2008 at 9:21 PM, Kamal Dave wrote:
>
> Manish/ List
> Under the Consumer protection act, action can be initiated against such 
> bundling
>
> for the benefit of all,
>
> [As per section 2 (c) (i)
> "complaint" means any allegation in writing made by a complain­ant that—
> an unfair trade practice or a restrictive trade practice has been adopted by 
> any trader or service provider;

Complaint to whom: authorities or vendor?  Is email considered "in
writing"?

> and as per section 2(nnn)Restrictive Trade practice is
> (nnn)    "restrictive trade practice" means a trade practice which tends
> to bring about manipulation of price or conditions of delivery or to affect
> flow of supplies in the market relating to goods or services in such a manner
> as to impose on the consumers unjustified costs or restrictions and shall
> include—
> (a)  delay beyond the
> period agreed to by a trader in supply of such goods or in providing the
> services which has led or is likely to lead to rise in the price;
> (b)  any trade practice which requires a consumer
> to buy, hire or avail of any goods or, as the case may be, services as
> condition precedent to buying, hiring or availing of other goods or services;]

Can I interpret (b) to mean that Lenovo requiring that I purchase a
Windows license as a precedent to buying their laptop as a restrictive
practice?

> Therefore action under consumer protection act be initiated.  No
>  lawyer is needed in contesting the case, so you can choose the forum
>  where you wish to initiate proceedings.

You mean, I represent myself? :) That will be some experience.  BTW,
generally, how much time does a case take in a consumer court?

I do not think a consumer court would be empowered to rule beyond this
specific case to hit at the root cause and prevent such cases from
happening again.  For example, like my earlier suggestion (in a
separate email) of requiring vendors to publish a refund policy as a
pamphlet and bundle with the machine. I would love to be wrong on
this.

> Civil Courts and as also said by Sudev, you can alternatively go
>  before the Monopolies and Restrictive Trade Commission with your
>  complaint.

Who sends notice to Lenovo and when?  What's the first step?

Thanks for your expert advice.  Appreciate it.

-- Manish

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