complainant. They submitted that
surveyor had informed that because of the structural defects in the building,
there is leakage in the flat of the complainant ... They submitted that the
2
structural defects remained in the building at the hands of the builder and
hence builder is necessary party
construction quality, non-provision of agreed amenities, improper maintenance
accounts, structural defects, incomplete fire-fighting system, and irregularities in the
handover process, as detailed ... Details / Evidence Referred
No. Deficiency Alleged
Repeated complaints on 31.05.2010,
1 Structural Defects Leakage from podium
05.06.2010, 09.06.2010; not rectified.
Pool remains non-functional; poor
further contended that the complainant's building was having structural defect and so the opposite party is not liable to rectify the leakage ... defective construction. The mere fact that the complainant as Pw1 has deposed that there was defective construction can not be taken as structural defect
towards damages for the defective structures caused by
the opposite party and Rs.2,00,000/- for mental agony
sustained by the complainant ... that the flat of the
complainant
which 1s
in the walls
structural defects which
has led to cracks
substandard
party had used
the opposite
visible
developed not due to the problem of soil but due to structural defect in the building and agreed to construct 11 new piles connected ... opposite parties having defect in the building construction. The counsel also pointed out that to live in a house with defective structure certainly amount
quality/lower grade material and provided
poor workmanship during construction, creating structural defects of
permanent nature; skipped provision of so many items (especially
for finished ... appropriate size; lesser area has been designated for parking in
basement; structural defects in the towers; inferior finishing work; inferior
work of doors/windows/wood
opposite party no.6 clearly stating that " no obvious fetal structural defects" were observed. The fourth scan report dated 31.08.2012 was issued ... second scan. The report stating that there were "no obvious structural defects" is which was what the report sincerely meant.
7. The fourth
while entering the side of lift and stairs, which showed structural
and architectural defects in the building. It was further stated that the
complainant made ... offered by the Opposite Party No.1, when there were
serious structural defects in the main entry of the tower
clause, which reads The lessor shall not be
responsible for and defects structural or otherwise in the property and the
lessee shall be bound ... specifically agreed
between both the parties that if any structural defect develops within three
years, in the foundation or within two years in the superstructure
agreement, the
Lessor was not to be responsible for any defects structural or otherwise in the
property and the Lessee was bound to purchase ... what were the building requirements, as per the Plan;
what were the defects; what was to be provided in the building, but had not
been
