Dear Sir/Madam

Re: Cheated by the Purchase of Microsoft Windows XP Professional (OEM) at Low Yatt Plaza, KL

I am writing to you to complain about an incident which happened at Low Yat Plaza, KL on the purchase of an OEM Microsoft Windows XP Professional software recently.
On 28 December 2008 at around 11.45am, I went to Low Yat Plaza to purchase a Microsoft Windows XP Professional software for my PC at Prestige IT Distribuion Sdn Bhd (Lot 2.50 & 2.51, 2nd Floor). I asked for an original version of the software and the sales person promptly gave me this copy which I currently have now. He also assured me that the product key code is the original one and he even told me that he purchased one from the shop as well while showing me his product authenticity certificate (with product key code on it). Feeling convinced with his explanation, I bought the software and paid RM475.00.

My friend, Mr. Emil J. Fisk was helping me install the program into my PC and when he saw the software I purchase, he promptly told me that this software is an OEM version and not the Retail version. He explained there is a difference between these 2 licenses and that the OEM version can only be sold with a purchase of a new PC. (e.g.: when purchasing a DELL, HP or Acer pc, the OEM version is usually sold with it). He explained further that the OEM license will only allow for one installation into one PC only and would not allow the program/license to be installed or transferred to another PC if I purchase another one (uninstalling from the old PC and reinstalling into a new PC). This is because, when the OEM software is registered online, it will also register the mother board serial number, processor serial number and other items. This means, only one PC can be installed with the software. Furthermore, Mr. Emil pointed out that it is stated on the pack that this software is ‘for distribution only with a new PC’. The retail version allows the software to be transferred to a new PC.

All of this was not explained to me earlier by the sales person, and I am no PC genius. Feeling cheated, Mr. Emil and I went back to Low Yat Plaza to ask for a refund at around 4pm the same day. We spoke to the sales person who sold me the software and told him that we are returning the software we bought earlier and wanted our money back. We told him that he sold to me an oem version and that I wanted a retail version. He insisted that it was an original copy and we told him that it is an oem version. He called over his supervisor (a short, plum Chinese lady with spectacles) and she also explained that this is the version everyone is selling in Low Yat. We told her again that this is an oem version and that retailers are not suppose to sell this version. The version which they are supposed to sell is the retail version. The supervisor ask us if we knew the difference between the oem and retail version and Mr. Emil said that he knew the difference as he was a PC retailer for corporate clients at Apex Communications Sdn. Bhd.
We continued insisting for a refund and the supervisor said that all goods sold are not returnable. She refused to budge from her stance and even said that she spoke to her boss over the phone and her boss said no. I asked to speak to her boss and she refused to let me do so. A screaming match ensued when she banged the counter with her hand and I continued asking for my money back. She ultimately called security and Mr. Fairullizam (017-211 6026) from Low Yat Plaza Security arrived at the scene. He calmly asked me what was going on and I calmly told him that the sales person sold me a software which the retailer were not supposed to and that I wanted my money back. Mr. Fairullizam then radioed his colleagues and told them that it was ok and he could handle the situation. He said that he could not force the retailer (sales supervisor, in this case) to return the money and that it was at the retailer’s hands to do so. Mr. Fairullizam asked the sales supervisor if she could return the money and she sternly said no. He then advised me that if I was still not satisfied, the only thing now to do is to make a police report. I told him that I would do so. He took down my name and mobile number for his report and I did the same too. We left Low Yat Plaza thereafter. However, I have not made a police report yet.

Not being satisfied, Mr. Emil called up Microsoft Malaysia the next day (29th December 2008) and relayed to them the incident which happened. He spoke to Mr. Marlin from Microsoft and he said that they are aware of this problem but they are not doing anything about it as it was not a piracy case. This is because an oem version is technically an original software. Mr. Emil then asked why the double standards in policy for piracy and sofrware licenses. Mr. Emil pointed out that it is stated in the Microsoft website that an oem version cannot be sold by retailers and that it should be sold with a new PC. Only the retail version is allowed. Mr. Marlin then said that he would check with his supervisors and get back to Mr. Emil. Till today, no call-backs were ever received from Microsoft pertaining to this matter.

My grouse with this matter is the double standards practices by the so called authorities (Microsoft) when it is clearly stated in their website that the oem version cannot be sold by retailers. What is being done to right this issue? I know for a fact that there is nothing much I could do to educate the retailers at Low Yat Plaza on customer service. In the end, the customer is the one who suffers. Was it wrong for me to ask for my money back when I found out that the software I bought was not the one I wanted? I only wanted a software where I could use for a period of time and not be bound by the lifespan of the PC’s hardware. One thing is for sure, I will never ever buy any IT hardware or software from Low Yat Plaza. It is just not worth it.

I still have the original receipt of purchase from Prestige IT Distribution Sdn Bhd and did not open the software pack. It is still in the same condition when I bought it. Please advise me on how to go about getting my money back?

Thank you.

Regards,

Amarjit Singh Dorka
Mobile: 012-308 9038

Details of the retailer:
Name of Company: Prestige IT Distribution Sdn Bhd
Address: Lot 2.50 & 2.51, 2nd Floor, Plaza Low Yat, No. 7, Jalan 1/77, Off Jalan Bukit Bintang, 55100 Kuala Lumpur, Malaysia
Tel: 03-2143 4808 / 03-2148 9808
Website: www.pitb.com.my
Email: [email protected]