Commission that no defects certificate of
complainant at the time he took possession refers
to patent defects and not to latent defects-
Complainant entitled ... construction was filed in the year 2005.
9. In our view when there is no expert evidence to show that
construction work is of defective
about the design defects. It is true that the expert has reported that some defects have occurred due to design defects. But that does ... expert has reported that due to the design defects there occurred some defects in the construction of the foundation and basement. He also reported about
claim of Rs. 4,30,360/- was
raised. The allegations of defective construction were raised to deprive the
opposite party of his legitimate dues ... especially at member
junctions. The construction deficiency is confirmed. It is well known that
honeycombing is a construction defect/shortcoming caused by improper
shuttering, improper
Housing Allotment of flat - possesion offered - Defective
construction -- Deficiency in service - State Commission
allowed complaint -- Hence Appeal - Photographs annexed to
the letter of complainant reveals ... hidden defect - R2 could not have detected at time of taking,
possession - Duty of OP to provide defect--free construction
and structures -Duty
same defective and dangerous condition. Another apartment
named Golden Oak is also facing the same problem of defective
construction and use of substandard material ... regarding the completion of construction work and about the
defective construction but the O.P. kept ignoring the initiation taken by
the Samiti. At last
brought it to the notice of OPs about above
defects in the construction at the initial stage which could cause
further threat to the life ... defects by OPs. The complainant was aggrieved with the above
referred construction defects before the execution of sale deed and
as such it cannot
clause-8. The opposite
parties were deficient in service in raising defective construction. The
Architect and Valuer prepared a detailed report in regard ... more. The opposite parties did not complete the
construction in time and the construction was defective and Verma &
Associates inspected the site and construction
weak and less in strength, defectively constructed
and the size of the rooms stunted by defective construction and the sanitary
and drainage pipes ... located; to pay a compensation of Rs. 5,00,000/- for defecting construction of
her flat; to pay a compensation @ Rs.2,000/- per month
loss if any, was
caused due to the defective construction used by the respondent. In this background complaint under Section 12
of the Consumer Protection ... earthquake on
26.1.2001, but it has been damaged due to the defective construction by the
respondent.
4. Brief
resume of the evidence
that the construction of the residential building was defective and on account of the said defective construction there was leakage of water on the roof ... construction was defective. The only reason stated by the opposite party for the defects is that the complainant failed to complete construction of the building
