some more defects and asked the
defendant to rectify those defects. In this way, the fact
remains that the alleged 'defects' contended ... experts in construction. They themselves have claimed
that they were ignorant of the construction activities.
Therefore, whether the alleged 'defects' averred
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
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
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
construction of residential house. It is pleaded that opposite
party delayed the construction work of residential house and
used substandard material for construction work ... order to
bear further load of construction. It is pleaded that defective
construction raised by opposite party required dismantlement
2
Naik Shri Santosh Kumar
took possession from September, 2014 onward, had noted number of major construction defects relating to seepage, elevator lifts, painting, internal roads, chipping, cracked plaster, water ... complaints and had removed the defects but they have not disclosed the sources of fund spent on fixing these defects. It is prayed that opposite
found to have technical breach. No reasonable generator would
intentionally purchase a defective equipment/machinery. To
substantiate his submissions, he placed reliance on the Judgment ... pertinent to note that on account of
the design and construction defects in the head race conduit, it has
been busted not once but twice
terms of the bank
guarantees, the invocation can be during the construction period / defects
liability period and maintenance period and the agreement having been
terminated ... faithful performance of the
contractors obligation during the construction period / defects liability
period and maintenance period and there is an obligation on the bank
construction of
flyover and the flyover did not suffer any defect in construction,
except those which could be repaired. It was also contended ... construction, he was transferred
to another work in April 2015,after completion of the
construction of piers. It is also seen that major structural
defects
conclusion that the
building is collapsed mainly due to construction defects
as well as using of the materials which are of low quality
and standard ... what quality of the materials used
for the purpose of construction of the building. It is only
the Structural Engineers as well as Contractor
