Monsoon leakage from private open terrace into my flat

Querist : Anonymous (Querist) 15 January 2025 This query is : Open
I have been facing a severe leakage issue into my flat for more than a decade, the rain water leakage originates from the private open terrace of the resident above, practically my entire flat sits under this open terrace. Who is responsible to repair this leakage ? Is it not the society's responsibility under society bye law 159 to repair this leakage at their cost even though it's a private open terrace ? The reason I say it's the society's responsibility is because the leakage occurs only during the monsoon season not otherwise but since the open to sky terrace belongs to a private owner, I am not sure who is responsible to repair it , society or owner of this private terrace

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Isaac Gabriel (Expert) 15 January 2025
You can report to the society and seek redressal of your grievance.The society is responsible to keep the services since it collects maintenance and other charges from the allottees.
, and this could be classified as deficiency in service.You can approach the consumers grievances redressal commission for remedy and damages caused to you.

T. Kalaiselvan, Advocate (Expert) 15 January 2025
If the open terrace belongs to a private person then the leakage issues are to be sorted out by the terrace owner even though the terrace is within the apartment complex but not considered as a common area.
You may have to sort it out with the owner of the private terrace

Querist : Anonymous (Querist) 16 January 2025
Thanks ! There is a difference of opinion between the 2 experts, yes it is a private terrace ( not society's common terrace) belonging to a owner

Look forward to advice from other experts as well

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