Verdict out on Dell laptop's fraud case

The People's Court in the Luwan District of Shanghai recently announced its verdict on the Zhang vs. Dell Incorporated case. It mandated Dell to give Mr. Zhang a full refund for the return of his Dell laptop computer. However, the court did not side with Mr. Zhang on his demand that Dell should give him another computer of the same value, as compensation for his grievances.

In June of 2006, Mr. Zhang purchased a Dell Inspiron 6400 laptop computer for 8398.26 Yuan. He discovered that the computer contained an Intel T2300E Central Processing Unit chip rather than the T2300 chip, as was written in the product's order contract. Dell claimed that the only difference between the two chips is that the latter supports virtual technology which cannot be accessed by the Inspiron 6400. Dell also asserted that the T2300E does not interrupt with the daily functions of the laptop, and therefore denied any legal responsibility for the situation.

The dispute between the two parties resulted in Mr. Zhang filing a lawsuit against Dell. Mr. Zhang insisted that Dell had cheated him and demanded a full refund, as well as compensation in the form of another laptop free of cost. Mr. Zhang said that Dell had committed fraud by switching the CPU chips without notifying him; it is his right as a customer, under the Consumer Interest Protection Act, to receive double compensation. Dell maintained that although it did indeed switch the T2300 chip with the T2300E chip; the only difference lies in the ability of the T2300 to support virtual technology- a feature inaccessible through the Inspiron 6400. It claims furthermore, that it labeled the T2300E as "T2300" because Intel determined that the "E" would be an optional label.

The Court's final decision only partially sided with Mr. Zhang. Mr. Zhang will be able to return his computer and receive a full refund; but will not receive any further compensation. The Court expressed that its verdict was based on the fact that, although Dell did indeed break the contract it had signed with Mr. Zhang, selling Mr. Zhang the computer comprising of a part not indicated in the document; there is no way to prove that Dell did this with the intention of cheating its customers. Within five days, Dell is to give Mr. Zhang his refund and Mr. Zhang will return the computer to Dell.

By People's Daily Online