In Focus

Defective construction and liabilities

By Gajanan Khergamker

At the time of taking possession of a building, it just isn’t practical to detect the latent defects in the construction of the structure. Such defects surface in due course of time after one starts living in the house. However, it must be realised that the liability of the builder continues, even after the delivery of possession by the builder, if on a later date, deficiency in construction work is detected.

In Pushpa Pathania v. Rajasthan Housing Board, Kota, cracks had developed after five years of construction of building, the National Commission agreed with the claimant that while taking possession, it would not have been possible for him to make out defects and deficiency in the construction of the house. Several defects might not be materially viable at the time of inspection and it is only after one starts living in a house that one finds out such defects and deficiency.

It was observed by the National Commission in Megna P. Ltd. v. Salil Kumar Ghosh that there was serious deficiency in services where the construction suffered from serious defects that were bound to aggravate with passage of time on exposure to sun, wind and rain. Similarly, incomplete construction and defects such as leakage of water and cracks in the walls were considered as deficiency in service on the part of the promoter-builder in Anuradha Nivas Flat Owners’ Association v. Anuradha Estates.

To avail a legal service, an expert opinion or an appointment with Solicitor and Property Law Expert Gajanan Khergamker, call 8080441593