A consumer complaint should be filed against them for unfair trade practices and deficiency in services immediately. You should file it in the district consumer forum.
Ask for refund along with a hefty penalty and litigation expenses.
Laptop Insurance
I have bought an Apple laptop on 17-Oct-2020 and along with that i bought a complete laptop insurance. This insurance repair the laptop free of cost in case of any accidental damage. As per the terms and conditions, "In case of any accidental damage, a processing fee of RS $Excess will be charged. The total liability of the program would be upto sum insured. However the customer can request for repair by paying the remaining repair cost" . Now my laptop got a crack in screen. However the laptop has no other damage or problem. I raised a service request for repair of screen on 25th Jan 2021. After multiple follow ups , without seeing my laptop they said on 24th Feb, that they will not be able to repair my laptop as the repair cost is exceeding the maximum cost as per Complete protection T&C. They proposed the refund and asked me to submit my laptop some 225 kms from my home for the refund. After speaking with the customer care, finally they agreed to repair my product on Mar 16. Multiple follow-ups again and finally they picked the product on Mar 28th. On 13th April, they replied that they have checked the unit and it is non serviceable. I again remind that its a simple crack in the screen and otherwise laptop is working normal and they get it repaired and whatever the amount which will be excess, i will pay. And that is what written in insurance policy. But they don't even read my mails and simply reply that product is Non economical repair. Not to mention , i have to write a dozens of mails and some 30-40 calls to the customer center to get a update from them. Please let me know if i can go to consumer court and sue them. Can they simply torture there customers like this. If i am going to consumer court, shall i take the refund first for the laptop. Or need to wait for the settlement of case. Product invoice purchased value : INR 59890.00 Applied depreciation value* : INR 27950.5 Final value (Post Depreciation ) : INR 31939.5
Asked 3 years ago in Consumer Law
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
9 Answers
If you take refund then you are taking almost 50% hit for 3.5 months use of laptop which is loss and 3.5 months in following-up .
they can simply torture there customers like this because its India. In India companies call the product back for repair at customer cost whereas they call products back on their cost in Europe. Companies know that many people dont go to consumer court.
You can definitely go to consumer court and sue them for unfair trade practices and deficiency in services.
But its pandemic time, so case might take a little longer or Apple can settle even after court notice.
File complaint against company and its dealer before consumer forum and seek orders to direct company to repair your laptop as per terms of insurance
2) seek litigation costs and compensation for mental torture undergone by you
File complaint before consumer forum against company and its local dealer. Seek damages and deficiency in services
You have a good case against them. As there is exchange of mails, you need not give them any notice. File a complaint in District Consumer Forum at your place. Under the new Consumer Protection Act, 2019 it the place of residence of consumer that is the place for adjudication of dispute. Seek refund with interest, compensation for mental harassment, cost of complaint and Advocate ’ fee. You will get everything after conclusion of trial. Under new Consumer Protection Act, 2019 the proceeding are fast. Add insurer, dealer and repairer as parties to complaint. File complaint with all proof of receipt, insurance covernote and email thread.
- You should send a legal notice to him and ask for full refund of the cost of the laptop.
- Further, if no response, then file a compliant before the Consumer court and claim compensation as well.
- You should wait for the settlement of the case , if you want to teach a lesson and need compensation .
Dear Sir,
1) As per the facts of your case you should approach the district consumer court against the company for deficiency of services.
2) You can claim damages, direction to service the laptop as per the terms of the insurance and litigation charges as well.
Thank you
You can sue the insurer through a consumer forum if they are not abiding by their conditions mentioned in the insurance police.
Your email correspondences with the company and its customer care would be evidence to the grievances you suffered due to their deficiency in service.
You can take the help of local lawyer and proceed with the proposed case before a consumer forum and ask for compensation too besides the insurance claim amount (not refund of the premium amount).
.
Yes first send them a legal notice through lawyer and then file a consumer complaint to consumer court against them
