Damage to balcony roof due to leakage

Mario (Querist) 04 July 2020 This query is : Resolved
I stay in a cooperative housing society. Before i could purchase a second hand flat on 2nd floor which is also the last floor, the building terrace had asbestos sheets(This was fixed may be due to leakage) BUT still there was leakage ONLY from my balcony roof.

I brought it to the notice of CHS. The leakage was due to a concrete beam coming between asbestos sheets. To stop this leakage the concrete beam had to be demolished. The CHS funded the repairs. As the building itself is 20 years old, the demotilion of concrete beam has had a adverse affect on my balcony roof.

The leakage has stopped but concrete pieces are falling off from the balcony roof. This i feel was the direct impact of the demolished beam and also the LEAKAGE which was OVER SEVERAL MONTHS WHICH HAS WEAKENED THE STRUCTURE.

Now my question is who is responsible for the repairs(concrete pieces falling off) of the balcony considering its been 6 years since the repairs. Please note i had warned the committee the effects of beam demolition on my balcony roof and at the same time had vouched for its demolition as i was the affected party.

If the CHS says they are not responsible for repairs than what is the future course of action?

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A homeowner is seeking clarification on who is responsible for repairing their balcony roof, which is now shedding concrete pieces. The damage appears to be a consequence of past leakage and subsequent demolition work to fix it, funded by the cooperative housing society (CHS). Although the leakage is resolved, the structural integrity of the balcony roof has been compromised. The homeowner is concerned about the CHS's liability for these new repairs, especially since the initial repair work was completed six years ago.

Rajendra K Goyal (Expert) 05 July 2020
Repeated query:

https://www.lawyersclubindia.com/experts/damage-to-balcony-roof-due-to-leakage--720096.asp

Dr J C Vashista (Expert) 05 July 2020
Whether repitition of same story shall change the legal preposition, which has already been advised and obliged by experts ?
Absurd and ridiculous.

Rajendra K Goyal (Expert) 07 July 2020
Please avoid repetition if repeated intentional.

Mario (Querist) 14 August 2020
Thank you everyone for your time in sharing your inputs.

My query looks repetitive however for some part it is not. I am aware that damages due to leakage is the responsibility of the society to repair it however in my case i have mentioned that leakage work was undertaken and paid by the society(Damaged beam was demolished inorder to stop the leakage) . To sum up....there is no leakage work.

Keeping the leakage issue aside, what i am concerned is with the concrete pieces which are falling apart from the balcony roof.

Is the CHS responsible to repair the concrete roof though the leakage issue has been sorted 6 years ago?

Another point is who is responsible for inside repairs of the roof considering the apartment is on the last floor of the building?

Thank you all once again for giving ur expert advice.

Rajendra K Goyal (Expert) 14 August 2020
Take up the matter in writing with the society.

Mario (Querist) 15 August 2020
Thank you Mr. Goyal. I would certainly take the matter in writing with the society however before that please could you tell me if the responsibility falls to CHS to carry on repairs as laid down by law coz if the responsibility does not fall to them than they will reply to me that it is not their responsibility.

Rajendra K Goyal (Expert) 15 August 2020
Building is 20 years old, it should be responsibility of Housing Society.

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