entitled to recover Rs. 2,50,000/- on
account of construction defects left by the plaintiff / non-claimant in the
building, as prayed ... 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
entitled to recover Rs. 2,50,000/- on
account of construction defects left by the plaintiff / non-claimant in the
building, as prayed ... 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
building and that the
Developer has acted highhandedly without considering several
defects in construction pointed out by the members. Mr. Vashi,
has therefore submitted that ... structural
stability of Building C-1 as well as the alleged defects in
construction examined by an independent Architect appointed by
this Court
cure all the defects noted in the letter.
However, respondent No.1 did not cure the defects of the
construction as well as fixtures ... defects in the construction. Even at that time also there
was no joint inspection of the construction to assess the
defects/short comings
cure all the defects noted in the letter.
However, respondent No.1 did not cure the defects of the
construction as well as fixtures ... defects in the construction. Even at that time also there
was no joint inspection of the construction to assess the
defects/short comings
defect is due to structural
engineering calculations, then
respondent has to pay compensation to
compensate the damage caused by
deficient construction.
The other part ... incurred towards the construction of the
Factory/wall. It is contended that, even assuming
that retaining wall fell due to alleged defective
structural design, Plaintiff
specific performance, damages for
defective construction, or mandatory injunction,
despite alleging serious deficiencies in construction.
His plea of substandard construction remains wholly
unsubstantiated ... Local
Commissioner's findings, thereby rendering the
allegation of defective construction unsupported by
any reliable material.
v) The Court further notes that the defendant
completion of the flat within the stipulated
time, or defective and faulty construction etc. Another
aspect of this issue is if the housing activity carried ... defective or it is not
what was represented then it would be unfair trade practice
as defined
257
in the Act. Any defect in construction
obstruct the construction and
completion of the work in any manner, but will have access to the
construction to point out any defect in construction ... defective or it is not what was represented then it
would be unfair trade practice as defined' in the Act. Any defect in
construction
flat tiles.
Therefore the damages are due to inherent defects in the construction of the roof and the Military cannot in any way be held ... December, 1945, wherein he refers to "certain defects in the construction of the roof".
As regards the actual use of the roof during
