2008/5/19 Manish <[EMAIL PROTECTED]>: > Lenovo finally sent an address for legal notice. >
Good. Some progress. > And I just spoke to a local lawyer. Here are the minutes: > - Explained the situation to him. > - He said that vendor can not disown the product and this is > tantamount to cheating. > - He suggested approaching high court since consumer forums are not > equipped for this. Lawyer will not like CF's simply because there you can represent directly. The consumer courts have to give decision within 90days. Look up government web site http://delhistatecommission.nic.in/ And not that the case has to be decided within 3 months (5 months if there is any analysis or testing). CF's are quasi judicial bodies and have used this satus to cut through lot of red tape and procedure. One caveat - you will have to attend all hearings since non attendance by complainant is ground for trowing out the case. > - My suggestion of approaching consumer forum/MRTP was not taken > very enthusiastically. MRTP is a long drawn affair but it would not hurt to just file a complaint there in addition to what ever else. > - He told that many cases in consumer forums drag from 3 months to > over an year. Yes and no. The defending parties try to drag cases. But if you are insistent and come armed with consumer protection act basics the judges are pretty much able to direct many things that within normal law court would not be allowed or get delayed by procedural restrains that high priced lawyers specialize in. > - He suggested also filing for damages as well for lost time and > mental peace. +1 for that but In CF's this may no amount to much. > - I told him that I am not primarily after financial damages (and > determining fair price of Windows would be another long debate) > and would like Lenovo to admit that what they did was wrong and > issue a written apology. Look at my suggestion posted earlier and let them give you another laptop, they will try to give you a lower specs one. Get the replacement offer in writing if possible and then ask for help of consumer forums for offering you a lower specs product in replacement. > - I also that I wish a PIL could be filed since it is a general > practice/problem and most consumers either are not aware or do not > bother and are taken for a ride. I doubt it will work. > - He reaffirmed that High Court would be the right place. Are you sure. Why high court? Fees would be higher (and will depend on amount of claim) for just the basic laptop value and some sufference lower courts would have jurisdiction. > - He told that INR 12,000.00 would be the charges for the whole case > including serving legal notice, court appearances etc. Okay. So how many want to take this up as a community issue? I think the LUG's and individuals can come toghether and fund this. Lets hear others. On the lighter side this is what the web pages of consumer forum displayed while browsing in Firefox on Kubuntu: "Microsoft VBScript runtime error '800a003e' Input past end of file /ll.asp, line 106 " -- Regards, Sudev Barar Read http://blog.sudev.in for topics ranging from here to there. _______________________________________________ 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/
