decide the defects if any in
the construction, since the opposite party is willing to rectify the defects,
if they are genuine, though ... amount, required for rectification of the
defects. As seen from Ex.C1 defects, including improper design, defects in
door, sump, drainage work, etc., which
side of which, the house was built,
but by reason of defective design or workmanship or use of defective
material, which fall under the exclusions ... subscribe to the view
that the damage was caused due to defective design of workmanship
or use of defective material. In this connection, it shall
movement of made up ground
c. coastal or river erosion
d. defective design or workmanship or use of
defective materials
e. demolrion, construction, structural
alterations ... under the policy as per civil Engineer
report it appears the design defect in the
building structure which caused the seepage due
to water pressure
required for better electric start. This is a design/manufacturing defect.
Conclusion 4 :- Normally a 173.5 CC 4 stroke petrol engine is inadequate ... more heat and may cause higher oil consumption. This is a design/manufacturing defect. Hence prayed to allow the appeal.
6. On hearing the counsel
land settlement or movement of made up ground
floor and defective design or workmanship or use of defective
material used in the construction gksuk
breakdown of the
machine was accidental in nature, may be for defect in design of the machine or
otherwise was not disputed or challenged
parts which during that period may prove to be defective on account of design, material or workmanship.
This guarantee shall not apply to fast wear ... Conditions of sale the complainant has to produce the defective parts or the defective machinery at the works of the opposite party. The aforesaid clause
services of structural Engineer or
Architect and also not followed any design and code of guidelines
given by Bureau of Indian Standards, the report ... effect that the collapse of
construction was due to defective structural design only. We are,
thus, unable to affirm the order of the District Forum
risk, not increase it. Then non-deployment is consistent with design
and not a defect.
19. The burden of proof lies on the Complainant ... defect. The
Complainant must show that the impact condition warranted deployment
and that the failure was due to defect and not design limitation
appellant(s)/complainant(s) complete in all respects (defect free) and designated car parking slot, after obtaining final completion certificate from the competent authorities, within ... question to the appellant/complainant complete in all respects (defect free) and designated car parking slot, after obtaining final completion certificate from the competent authorities
