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Showing contexts for: construction defect in Sanjeev Aggarwal vs Inder Sen Sharma on 3 April, 2025Matching Fragments
3. Whether the counter claimant is entitled to recover Rs. 2,50,000/- on account of construction defects left by the plaintiff / non-claimant in the building, as prayed for in the counter claim? OPC / OPD
4. Whether the counter claimant is entitled to damages on account of breach of contract, as prayed for? OPC
5. Whether the plaintiff completed the construction work as per agreement?
OPP
6. Relief.
29. It has been argued by Ld. Counsel for the defendant, that despite defendant's requests to complete the remaining work, the Plaintiff's rigid behavior led the defendant to hire private labor and artisans to finish the work and the defendant spent Rs. 98,398/- to complete the Civil Suit No. 651/2023 Sanjeev Aggarwal Vs. Inder Sen Sharma & remaining work, including expenses for electric items, paint, building material, etc. It has been argued by Ld. Counsel for the defendant, that numerous construction defects exist in the premises, including improperly erected brick walls, unstable pillars, poor drainage, faulty electrical fittings, and incomplete plastering.
31. It has been argued by Ld. Counsel for the defendant, that the plaintiff is liable to pay for construction defects in the property. It has been argued by Ld. Counsel for the defendant, that Indian Contract Act, 1872 imposes an implied warranty on contractors to perform work with reasonable care and skill and as per the Civil Suit No. 651/2023 Sanjeev Aggarwal Vs. Inder Sen Sharma & Principles of Contractual Warranties, contractors are liable for defects in workmanship and materials.
Thereafter, on 25.12.2022 plaintiff denied to continue with the further construction work and the defendant got completed the construction / repair work with the help of some other private workers and further invested the amount of Rs. 98,398/-. Further, the defendant / counter- claimant has also prayed for an amount of Rs. 2,50,000/- on account of the construction defects left by the plaintiff / non-claimant in the suit property.