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Personal terrace leakage issue - co operative housing soc.

(Querist) 24 October 2017 This query is : Resolved 
Hello Sir,
One of our member is suffering from the leakage problem from the personal terrace above his flat, instead addressing the problem to the owner of the terrace , he is threatening the society committee with by laws of co operative society and quoting the section 67 & 158 to prove that it is the society's responsibility to repair it. and also quoting the HC judgment in Mr. Balani's case in 1990 and upheld in 2006.
we did tried explaining him the latest version of law is clear enough that personal terraces are the responsibilities of respective owners, and the HC judgment no longer applicable as per the latest edition of CHS laws, despite explaining him the newer version of by laws 2014 edition, he summoned the Committee in the office of registrar of Co-operative. we know that the CHS laws are supporting our stand please guide us to put up more stronger stand in front of officer.

Thanks & Regards

Ms.Usha Kapoor (Expert) 25 October 2017
whose responsibility is leakage?

Terrace repairs and other relevant external leakages are the responsibility of the Society (Bombay High Court Writ Petition No. 7231 of 2002 delivered on 28/06/2006) and Section 160 of Model Bye-laws.

Old Bye-laws stipulated that internal leakage as well as external leakage of the premises was the responsibility of society. However, in the new Bye-Laws it is specifically mentioned that internal leakage will be the responsibility of the member.

If the resident above and/ or society is not co-operating to solve the internal leakage problem, you can complaint to local BMC ward office. BMC has the power to inspect and then issue a notice to the resident staying above, under section 381 of the BMC Act. If the member or the society still does not act, then there are several district court orders (Vile Parle district court order on Prashant Trivedi v/s Bansi CHS, as reported by DNA newspaper on 22/1/2011) also in such matters of internal flat leakage.

Other solutions for solving internal flat leakage problem:

File police complaint.
Mandatory injunction against him/her for carrying out the repairs to the seepage or file a civil suit for injunction and obtain stay order restraining that resident from using the area which is the cause for the seepage
For quick response file a petition u/s 133 crpc in the court of local 2nd Class Magistrate.
Criminal cases can also be filed against him/her with charges of criminal intimidation and verbal abuses/insult.

Dr J C Vashista (Expert) 25 October 2017
It forms part of "common area" which is responsibility of Society.
Mohammed Mubeen (Querist) 25 October 2017
So in simple words personal terrace repair is the responsibility of the respective owners.
Mohammed Mubeen (Querist) 25 October 2017
The personal terrace in this case is open to sky and leakages happens during rainy season. These kind of leakages also responsibility on the owner, am I right ?
Ms.Usha Kapoor (Expert) 25 October 2017
Mohammed Mubeen (Querist) 25 October 2017
Thanks a lot madam for the responses,I was just carried away with the topic.
Mohammed Mubeen (Querist) 25 October 2017
Terrace is not mine , I am from the committee. But the takeaway from the responses is that society is not responsible for any repair to the personal terraces.
Mohammed Mubeen (Querist) 25 October 2017
is there any other details .....
Rajendra K Goyal (Expert) 25 October 2017
Agree with the expert Dr. J.C. Vashishta.
Mohammed Mubeen (Querist) 25 October 2017
It is not a TOP terrace of the building, Building has a separate common terrace on top of 3rd floor. this terrace in located on top of 2nd floor along side with the 3rd floor flat. attached to a 3rd floor flat & under exclusive possession on that member. So it cant be the part of common area.
Dr J C Vashista (Expert) 26 October 2017
Incomplete input to form an opinion, consult a local lawyer.
Dr J C Vashista (Expert) 26 October 2017
No presumptions have been made by us to obtain more marks (thanks) like impersonating expert.

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