Gaurav Gujrati (Auditor) 31 March 2020

Repair of private terrace

Respected Sir/Madam, We have a Ground Plus 12 floor building, I am an one of the member of the society. I would like to ask from our respected members that on 12th floor there is a Private Terrance which is in exclusive possession of the owner of the 12th Floor but the society has an access of the said terrace subject to approval of the said owner. Now there is a leakage on the said 12th floor terrace which damages the 11th floor and 10th floor's flat. On the above conditions, who is liable to bear repair cost of the said terrace whether owner is responsible or society ??? Notes: Keeping in mind that society has an access only subject to approval but the terrace is being used by the owner. I will appreciate your response on above query. Thanks and Regards Gaurav

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8 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 31 March 2020

As per me, the owner is responsible for damages to the terrace. You shall bring it to the notice of society to get it to be repaired by the owner.

V. VASUDEVAN (LEGAL COUNSEL) 31 March 2020

For Private Terrace, its only the Owner. However, write to society for intervention failing which you can complain to the Register as the first Step. You may also DM Me for specific details and advise

Kishor Mehta (CEO) 01 April 2020

Since the society does have a conditional access to the terrace, the responsibility for repairs will depend on the terms of agreement with which the member was given exclusive use of the terrace.

P. Venu (Advocate) 01 April 2020

What is the response from the Owner?

T. Kalaiselvan, Advocate (Advocate) 02 April 2020

The responsibility for the leakage from the terrace affecting the 11th and 10th floor can be fixed on the 12th floor owner who owns this terrace also.

Considering the urgent nature the affected persons can get the repairs done at their cost and get it recovered from the terrace owner since he is liable for the damages caused.

If he is refusing then you can file a recovery suit to recover the money spent

Dr J C Vashista (Advocate) 02 April 2020

In the instant circumstances it is the liability of owner of 12th floor to get the damages repaired.

Whether the Society is a Coopertive Housing / Group Housing Society or RWA ? Managing Committee of CHS is responsible to manage repair of damages, if flat owner refuses/ reluctant.

Which state the premises is located as certain rules/ Act differ in case of CHS?

You can get the damages repaired and reimbursed/ compensated from owner of 12th floor if he fails to manage repair after a written request/ notice..

Dr J C Vashista (Advocate) 02 April 2020

Terrace / roof top is part of "common area," which can not be allotted/ sold to a member in cooperative housing/ group housing society (in any state).

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 06 April 2020

WHEN ALL THE ABOVE LOGICAL SUGGESTION DO NOT WORK, THEN:
1. AFTER serving due Legal Notice to 12th floor Flat Owner and the Society, you may prefer to file a grievance petition before the local Consumer Court, relating to the leakages, damages, compenations etc.... for the physical & mental trauma that you have been going thru.

ADDITIONALLY & ALONGWITH ABOVE:
2. "IF" the property is in Mumbai area, THEN file a complaint to BMC, regarding the leakages, against the 12th floor Flat Owner and the Society, and request them for investigation & relevant prosecution. This would permanently set right all the leakage issues in the entire bulding.

Keep Smiling .... Hemant Agarwal
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