Re: [ilugd] ilugd Digest, Vol 62, Issue 20

2008-05-13 Thread Kamal Dave

Message: 11
Date: Tue, 13 May 2008 19:13:31 +0530
From: Manish [EMAIL PROTECTED]
Subject: Re: [ilugd] M$ Tax Refund Quest
To: The Linux-Delhi mailing list ilugd@lists.linux-delhi.org
Message-ID:
[EMAIL PROTECTED]
Content-Type: text/plain; charset=ISO-8859-1
 
On Tue, May 13, 2008 at 6:18 PM, Sudev Barar wrote:
 2008/5/13 Manish

 
Is the practice of tying or bundling illegal under Indian laws?  Do
we have any lawyers on the list?  Should this be taken up in consumer
court or elsewhere?  Suggestions please.
  
  Consumer court is better. Haing dealt with them in past as a defendant
  I think if you can raise the hackles of judge in your sympathy they
  can really push the defendants. Plus it gives you additional platform
  to appeal in case of adverse judgement.
  Caution I am not a lawyer.
 
Thanks.  What I am beginning to wonder is if it's okay under Indian
law to bundle products (that too from different companies.)  Feels
like arm twisting to me.. and it hurts. But if it's okay under law
then I am not sure I have a case.
 
I am sure many people on the list have bought notebooks and use
GNU/Linux exclusively; why have they taken it lying down? (Or perhaps
they dual boot in secret. :-p)
 
Any pointers/links to how one should prepare the case for consumer
court?  Is a lawyer required?  Who (and when) will send notice to
Lenovo?  Sorry for too many questions. :-/
 
-- Manish
 
 
Dear Manish,
This is an unfair trade practice, and it can be challenged before in courts : 
both before Consumer Court as well as under Civil Law.

You need to choose your course.   
A legal notice properly drafted needs to be sent to the 

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Re: [ilugd] ilugd Digest, Vol 62, Issue 20

2008-05-13 Thread Kamal Dave

Message: 11
Date: Tue, 13 May 2008 19:13:31 +0530
From: Manish [EMAIL PROTECTED]
Subject: Re: [ilugd] M$ Tax Refund Quest
To: The Linux-Delhi mailing list ilugd@lists.linux-delhi.org
Message-ID:
[EMAIL PROTECTED]
Content-Type: text/plain; charset=ISO-8859-1
 
On Tue, May 13, 2008 at 6:18 PM, Sudev Barar wrote:
 2008/5/13 Manish

 
Is the practice of tying or bundling illegal under Indian laws?  Do
we have any lawyers on the list?  Should this be taken up in consumer
court or elsewhere?  Suggestions please.
  
  Consumer court is better. Haing dealt with them in past as a defendant
  I think if you can raise the hackles of judge in your sympathy they
  can really push the defendants. Plus it gives you additional platform
  to appeal in case of adverse judgement.
  Caution I am not a lawyer.
 
Thanks.  What I am beginning to wonder is if it's okay under Indian
law to bundle products (that too from different companies.)  Feels
like arm twisting to me.. and it hurts. But if it's okay under law
then I am not sure I have a case.
 
I am sure many people on the list have bought notebooks and use
GNU/Linux exclusively; why have they taken it lying down? (Or perhaps
they dual boot in secret. :-p)
 
Any pointers/links to how one should prepare the case for consumer
court?  Is a lawyer required?  Who (and when) will send notice to
Lenovo?  Sorry for too many questions. :-/
 
-- Manish
 
 ===
Apology to for sending half message.  This is complete message.

Dear Manish,
This is an unfair trade practice, and it can be challenged before in courts : 
both before Consumer Court as well as under Civil Law.

You need to choose your course.   
A legal notice properly drafted needs to be sent to the M$ for the refund.

You are free to return on this matter for any further or other advice

Kamal Dave
Advocate

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