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Samir Prabhudesai (Freelancer)     09 October 2013

Leaking private terrace

Hi,

 

I own a top floor terrace flat in a co-op society in Airoli, Navi Mumbai. The open provate terrace is the roof of the flat

owner below it. The overhead water tank overflow pipe was let on to our terrace for the past 5 years. Water used to

overflow twice a day for atleast 60-90 mins due to negligence of the security men of the society.
We have some plants on the terrace and water them every alternate day. There is a leakage problem in the flat below the

terrace. The flat owner wants us to do all the maintenance of our terrace at our cost (100%). The main reason for the

leakage was the overflowing of the tank and not due to the water flowing from our plants. Now the overflow pipe has been

diverted by the builder. We have paid the society maintenance charges as and when required by the society.
Need to know who is supposed to pay for the terrace maintenance which is causing leakage to the other flat owner.



Learning

 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     10 October 2013

1.   Irrespective any earlier or current reasons, the terrace flat-owner has to repair the leakage, at his own expenses.

2.   The below flat-owner, has option open to file case before the Police and the Local Municipal Body, for such leakages, which may be damaging the RCC iron bars of the building.


Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

Samir Prabhudesai (Freelancer)     10 October 2013

Dear Hemant,


Thank you for the response.

Is there any by-law stating this to be true? I am asking as ours being a society its just for namesake. There are no meetings etc and so can't reach the correct person to check out the laws.


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