Downspout inconsistency

oltyan gutter cut off
oltyan gutter drain pipe

First question from my mock inspection. The two pictures are two different ends of the same gable. The roof had been installed within the last 12 months.
I wanted to call out the cut off gutter as a defect. The water will now run down the slope of the roof, potentially causing ice dams in winter. On the other sode of the house, the installers used a downspout which placed the exit just a few inches above the main gutter. Are these just two different solutions to the same issue on a house, or am I right in calling the cutout a defect?
I would add too, that the cut out spills directly on to wood, which although (mostly) treated for moisture is not a fix-all.

Scott, downspout water should not drain onto shingles, or wood for that matter, because it will wear them out faster than normal, etc., etc.