co-operative society is responsible to repair seepage from terrace
Terrace above any flat of the co-operative society is common area of the society and only the society has the right to manage its use and only the society is liable to repair the seepage oozing down to the flat of the person residing below it.
what will happen if another member residing nearby any side of terrace has been allowed by the Society to use the terrace notwithstanding the fact that the permission is in writing or verbal.
If another member is using the terrace, he / she is required to pay a part of the repairs, as may be determined by the society from time to time for the only reason that the member is using the space, which is not available to other members to conveniently use. If that particular member do not agree to pay a part of repair, the society has all the rights to stop all the members to use the common terrace.
Where to complain for such seepage
The member living below such terrace is required to complain to the co-operative society to get the terrace repaired so that his flat is not spoiled any more.
How soon the Society is to repair
On complaint by a member, the co-operative society is required to repair the seepage within 30 days.
What shall be the quality of repair
It is the responsibility of the co-operative society to engage a contractor giving performance guarantee for such repair. The person living below such a terrace shall have to be satisfied with the test carried out after the repairs. If the member is not satisfied, the co-operative society’s job is not finished and it must carry out the repair to the satisfaction of the respective member.
If the co-operative society do not get it repair in time
The suffering member has the right to complain to the Registrar of co-operative societies regarding such nuisance as seepage spoiling his / her flat.
If no respite is brought by complaint to the Registrar
The last option is to take legal action against the Society by consulting a legal expert on co-operative societies.
What about the expenses incurred by member & damage suffered by member
The member who has spent any amount on immediate repairs by informing the society in advance in writing is eligible to get the repair expenses re-imbursed to him by the society. If the Society is adamant only legal recourse is the remedy to get such expenses recovered and also seek damages for the nuisance suffered.
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