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K.VENKATESWARRAO (personal)     18 April 2011

bore well failure

I have dug an agriculture bore well and the casing pipe supplier had given me a guarantee for 5 years for the pipe. after one year the pipe has crumbled and the motor got struck inside. a complaint has been placed with the suppliers. they confirmed the failure.and ready to give the pipe .i have asked for the continuance of the guarantee which they are refusing.They are also refusing the bore digging charges and the motor loss charges.  I am planning to approach for a consumer forum.please advise me.



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 9 Replies

Arup (UNEMPLOYED)     18 April 2011

file case under consumer protection act.

Om Prakash Dhusia (HR assistant)     18 April 2011

Shri K Venkateswar Rao:May I ask you the follwings:

1) Do you have any receipt for the purchase?

2) Do you have any guarantee or warrenty for the purchase?

3) Do you have any agreement on the job executed by the supplier/vendor or contractor?

If the answer for the above is NEGATIVE then you have no chance to approach Consumer's Forum.

Regards

K.VENKATESWARRAO (personal)     18 April 2011

yes ihave the receipt of the purchase and the guarantee card given by the dealer.

Om Prakash Dhusia (HR assistant)     18 April 2011

Sorry to be more inquisitive: is that guarantee card having stamp with date of purchase from the supplier/vendor/contractor?If YEH then go ahead and file a case in the district consumer forum from where the purchases have been done.

Regards.

K.VENKATESWARRAO (personal)     18 April 2011

yeah everything is there the dispute is for the drilling charges and the loss of motor he is ready to give only the pipes

Democratic Indian (n/a)     18 April 2011

If you read the terms of the guarantee given by the pipe manufacturer, you are very likely to find it to be a "limited liability" guarantee. Hence you will have to plan your attack in the fight of your case accordingly.

Om Prakash Dhusia (HR assistant)     18 April 2011

If you have a separate written guarantee from the man who did boring and all other related jobs and that include PIPES,MOTOR and WORKMANSHIP then you can claim all the damages in Consumer forum,otherwise read the guarantee/warranty from the supplier of the pipes and the motor and act accordingly.But this is very tricky, so you have to do your homework very deligently.Regards.

K.VENKATESWARRAO (personal)     20 April 2011

generally the casing pipe is used to guard the well from collapse and the pipe  is supposed to guard the motor from sand and the mud here the pipe itself as caved in and caught the motor from coming out. iam not talking about the pipe of the motor but the well casing pipe which has crippled inside the earth.

Om Prakash Dhusia (HR assistant)     20 April 2011

Dear Venkat, I understood you have been talking about the BORE which is normally of PVC, placed inside the earth so that ground water can be accumulated and it is placed as a casing to accomodate all the fittings, including suction and discharge pipes, motor and strainer for filtering the ground water, am I correct?

Now whole of the bore pipe has crampled pre-maturally and you want damages from the mechanic who was engaged by you to do the boring and fix whole of the system for irrigating your crops.Right I am?

Now the questions are:

1) Did you make any written contract with the mechanic or the man who did this job or it was a verbal arrangement to fix the system?

2) If by chance you had a written contract  with the mechanic, was it only the workmanship or inclusive of materials too?Means the materials were purchased by you from the market or these were brought by the mechanic and mechanic did the boring and fittings?

3) If it were you who purchased the material and the mechanic did the boring and the fittings then how could mechanic be held responsible for pre-mature collapse of the Bore pipe the casing?

4) If the mechanic purchased whole of the materials and he gave you the guarantee/warrenty in writing and the things gave-in pre-maturally then he can be held responsible for the damages.

5) If you were the purchaser of the materials, partly or wholly and the shopkeeper gave you some guarantee/warrenty ton his bahalf hen he can be held responsible for pre-mature collapse.

6) If neither shopkeeper nor mechanic gave you anything in writing regarding the guarantee/warrenty of the material or the workmanship then both of them can not be held responsible since thay are not the manufacturers of the materials involved.

7) If  the shopkeeper gave you any guarantee/warrenty from the manufacturer, limited or extended then you can bring this to the notice of Consumer's Forums of the District of the manufacturer or the supplier because that falls under their jurisdiction otherwise shopkeeper or mechanic can not be held responsible on behalf of manufacturer or supplier.   OR

8) If the shopkeeper gave you any guarantee/warrenty in writing on behalf of manufacturer or supplier, then this question can be raised in the Forum, which I am afraid no shopkeeper or supplier would do in writing but ofcourse to sell material every shopkeeper worldwide gives you many unwanted assurances verbally and cases are not dealt with oral dialogues.

Now you are better in a position to judge the things in right perspective.

Regards


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