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
