Can I Sue DELL for Fraud to me?

[indian_nyc_guy]

Last year I bought a Dell Streak mobile Online in USA & I gifted the phone to my dad in India. My dad had problem with the phone last month. So, he went to local Dell Service Center, as the phone is under warranty (expires 04/22/12). They checked the phone and said "You need to pay some amount, as Dell streak does not come with international warranty and then they will replace the phone." My dad paid the amount. The Dell service center guys called my dad 6-7 days later and asked to pick his new replaced phone. Actually,The phone was used and was not in box. After this event, I talked to customer services in Dell India & Dell USA both. They ain't able to solve my query. So I am planning to sue them.
So my question is , Can I sue company for doing this fraud (gave a Used phone in stead of giving NEW phone with Box)? If yes, How? Do I need to sue Dell USA or Dell India?
The Phone was purchased in USA.
Any lawyer/legal adviser out there?
Or anyone who have sued a big company?
Thanks in Advance.

 

[Zigner]

This forum is for US law only. Your matter deals with Indian law.

 

[antrc170]

What does the warranty state about replacement items?

It is not unusual for warranties to include language that states that replacement items are new or refurbished items.

Without the language of the contract it will be difficult to give the proper advice. You won't be suing for fraud, it would be for a breach of contract. You can reasonably sue (if the breach is present) for the value of a new phone. Be advised that the court costs may far exceed that value.

 

[Zigner]

FURTHERMORE, this isn't even your issue to deal with as you don't own the item in question.

 

[indian_nyc_guy]

I own the item, as I bought it.
Just like, I bought it in USA and had problem in India.
But, Thanks for advice, at least now I know even if i have to Sue, I have to sue DELL India and not DELL USA.

 

[indian_nyc_guy]

@ antrc170
Thanks for the advice.

 

[OHRoadwarrior]

You are not entitled to US warranty coverage in India. There is no person you are going to sue successfully. You should have shipped the phone back to the US and processed the warranty here, if the issue was so important to you and you feel they violated the warranty terms.

 

[Zigner]

I own the item, as I bought it.
Just like, I bought it in USA and had problem in India.
But, Thanks for advice, at least now I know even if i have to Sue, I have to sue DELL India and not DELL USA.

No, you do NOT own the phone. You do know what a gift is, right?

Last year I bought a Dell Streak mobile Online in USA & I gifted the phone to my dad in India.

 

[swalsh411]

Read the terms of the warrenty. Essentially you gave your dad is a "gray market" phone.