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ADCTA at Loggerheads with Dell India

ADCTA has alleged that Dell India is misleading Indian consumers. The recent issuance of alert circular at the Mumbai airport dated January 6, 2012 on behalf of Dell India to curb parallel importers, has created a big chaos in the Delhi's IT market. Opposing the Dell's action and calling it unfair trade practice for misleading Indian consumers by misusing intellectual property rights (imported goods) enforcement rules, 2007, Delhi based All India Computer Traders Association (ADCTA) held a meeting on February 22, 2012 with Satyenda Mathuria, joint commissioner of custom ( I&G), SN Ojha, deputy commissioner of custom, SP Balmiki, appraiser custom, who also filed a complaint to deputy commissioner of custom, intellectual property right cell against Dell India.

According to Mahinder Aggarwal, President (ADCTA), this entire episode came to the notice when office of the commissioner of custom, Mumbai issued an alert circular (No LRM/TARGET-55/2008-09) with directions that all the consignments found to contain Dell laptops or portable computers shipments, under import by parallel importers are subject to be suspended/hold for Dell's clearance. President – ADCTA along with other members apprised to the officers of custom department about the unfair trade practice done by Dell India of cheating with Indian consumer by the misuse of Intellectual Property Rights (imported goods) Enforcement Rules, 2007, and Illegal Alert Circular issued by SIIB (IPR Cell),ACC, Mumbai.

The unfair trade practice by Dell India (Cartelization, against the customer's interest) and custom department action are against the consumer benefit, and mechanism to control the prices. Swarn Singh, Joint secretary, ADCTA said, “During the meet, the produced documents by the association were up to the satisfaction of the custom officers. Thereafter Mathuria, Joint Commissioner of custom, assured that all shipments which are put on hold on account of alleged Infringement of Rights of Dell India, will be released immediately without further delay. It was assured by custom officers that they will not let Dell India allow unfair trade practice on account of cartelization, which is illegal.”

Mr. Shyam Modi, Chairman – ADCTA briefed about the recent price increase of 7% by Dell on Laptop's irked the whole IT Industry. He alleged that Dell India is charging much higher prices from customers in India than price available in open international market. The unfair trade practice by Dell India and custom department action, are against the consumer benefit, and mechanism to control the prices.

Ratan Lal Jain – Treasurer (ADCTA) pointed out that, “The Company increased the prices with the reason that USD becomes stronger and hard disk price is increased in international market. Whereas the ground realities were entirely different as USD became soft and hard disk drive prices reduced sharply in the internal market.” The association called the entire episode as preplanned by Dell, so that they can sell

their laptops to Indian customers at very high price because of their monopoly which was managed by Dell after restricting the import consignments of other importers by misusing Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.

 

ADCTA has taken the issue very seriously since it affects the Indian consumer & raised the issue, seeking a prompt reply from Dell India: Why Dell India wants to stop the parallel import whereas Government of India encourages parallel Import. On what grounds Dell India feels their rights are infringed because of parallel Import, which are Why Dell India want to stop the parallel import whereas Government of India encourage parallel Import. On what grounds Dell India feels their rights are infringed because of parallel Import, which is not founded.

 

28-Feb-2012 10:09:54
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