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
bringing to the notice of the promoter the defect in the building or unauthorised construction has to be done within one year from the date ... bring to the notice of the promoter the defect or the unauthorised construction is the date on which the possession of the flat is given
Kapil Madhukar Betgiri vs Secretary For Urban Development And 13 ... on 23 January, 2026
2026
under obligation to carry out repairs of the technical
defects in the construction. She submitted that there is no
complaint from any of the beneficiaries ... carry out repairs of the construction in case of
the defects in the construction. The non-applicant Nos.
1 and 2 have not pointed
under obligation to carry out repairs of the technical
defects in the construction. She submitted that there is no
complaint from any of the beneficiaries ... carry out repairs of the construction in case of
the defects in the construction. The non-applicant Nos.
1 and 2 have not pointed
under obligation to carry out repairs of the technical
defects in the construction. She submitted that there is no
complaint from any of the beneficiaries ... carry out repairs of the construction in case of
the defects in the construction. The non-applicant Nos.
1 and 2 have not pointed
context. It is a sound and indeed a well known principle of construction that the meaning of words and expression and in an Act must ... defect for which the common law did not provide and what remedy the Parliament has provided to cure the said defect. A construction will have
construction. Indeed the
construction of the MIDC is shown by the petitioner to be so dismal as to
have various defects of cracks, leakages ... petitioner. The construction was grossly poor.
Whilst the parties negotiated and did not reach a consensus the
construction gave way. Various defects were noticed. These
there is defect in the building, (2) defect in the material used, (3) there is introduced any unauthorised change in the construction, the promoter ... flat owners, (2) defect in the building, (3) use of defective material and (4) unauthorised change in the construction. The Housing Commissioner has, therefore, also
because
the petitioner was to obtain the material and carry out the
construction. It was, therefore, accountable for any wastage, a part of
which ... respect of :
a. excess consumption of material used for construction ;
b. defective work required to be rectified; and
c. refund of excess amount paid.
Clause
