• Consumer case

Pipes purchased from distributor and stated that a guarantee letter said to have been issued by the distributor for the  PVC casing pipes and period of alleged guarantee is for ten years.
Now filed complaint against distributor and manufacturer claiming heavy amount 8 years after purchase of pipes. There is no guarantee from the manufacturer company and no authority to the distributor to give any such guarantee letter. Is the manufacturer and distributor liable for the claim. is the claim sustainable and what is the defense  and is it barred by time.
Asked 7 months ago in Civil Law from Eluru, Andhra Pradesh
Distributor had given 10 years guarantee 

2) purchaser can make claim during period of guarantee 

3) claim is not barred by limitation 

4) distributor is acting as agent for manufacturer and hence both would be liable to rectify defects 
Ajay Sethi
Advocate, Mumbai
24848 Answers
1337 Consultations
5.0 on 5.0
The manufacturer is not liable for the unauthorized guarantee given by the distributor. Unless there is a manufacturer's guarantee the purchaser cannot make him liable for the damages claimed by hi,. Contest the case fittingly in th cort.
Ashish Davessar
Advocate, Jaipur
18884 Answers
474 Consultations
5.0 on 5.0
1. If the purchaser has been issued with guarantee letter/certificate by the manufacturer or the distributor confirming that the guarantee for the said pipes are for 10 years then the purchaser is entitled to seek relief as promised in the guarantee letter,

2. There could be replacement or repair guarantee and the purchaser can claim such repair or replacement as per law,

3. The manufacturer and/or the distributor is liable to act as mentioned in the guarantee letter or pay the penalty as decided by the Court if any case is filed before the Consumer forum. 
Krishna Kishore Ganguly
Advocate, Kolkata
12737 Answers
263 Consultations
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1. The purchaser is entitled to prefer the claim after 8 years as the durability was guaranteed for 10 days,

2. If the guarantee letter was written in an evasive form then the charge of unfair business practice to be alleged by the purchaser will be proved. 
Krishna Kishore Ganguly
Advocate, Kolkata
12737 Answers
263 Consultations
5.0 on 5.0
The guarantee letter given by the distributor shall be valid and strong evidence for filing consumer case.
The manufacturer cannot escape the liability stating that he he has not assured the guarantee, because it is on his product and insistence that the distributor sold the product with conditions of guarantee.
T Kalaiselvan
Advocate, Vellore
15343 Answers
141 Consultations
5.0 on 5.0
The purchaser filed a case alleging that pipes at 225 feet below the ground level in the bore damaged and asking of replacement of pipes and also for the expenses for new bore. is the purchaser entitled to claim eight years after purchase of pipes. The alleged guarantee letter is not in the proper form and manner generally the companies used to issue.

This is a matter of trial and all these issues can be confronted and challenged during trial based on the merits on the side of the seller/manufacturer.
T Kalaiselvan
Advocate, Vellore
15343 Answers
141 Consultations
5.0 on 5.0

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