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.

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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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12 Comments

  • devraj says:

    Dear Sir ji,
    We have two private terrace and these belong exclusively by two flat owners. The flat owners below these private terrace having to seepage problem. The terrace flat owners are not agreeing to repair the terrace. So society has agreed to repair the terrace.Kindly inform in what proportion the cost of repair be shared.

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  • B?M.Das says:

    I am a member of cooperative group hosing society in east Delhi . I applied for NOC as demanded by DDA for the purpose of conversion of leasehold to freehold . All forms and fees are submitted to DDA , Vikas Sadan , at INA . Society is refusing NOC under a recent plea that ‘ some dues ‘ appears from me. Society is not giving any details neither NOC sofar . Advise the right advices for resolution of the matter urgently.

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  • devraj says:

    Sir
    w.r.t. my query of private terrace repair sharing in housing society I am staying in Thane Maharashtra pIN coe is 400601.
    D.N.Shenoy,

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  • BMDas says:

    If Roof is damaged by evil use by top storey end owners / inmates , society can pinpoint the responsible persons and Ask them to repair . I don’ t believe that roof repair is to be done by users , if any also .

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  • sanju says:

    I am a resident of ground floor in a ground floor + constructed on gift deed-first floor by my brother has blocked the access to terrace, disconnected access to water tank, etc. He is telling it belongs to him since in his gift deed it is mentioned (all terrace right given to construct above the existing ground floor ) I am in ground floor since 30 years and own ground floor of my father gifted property. Other side he kicked my father not taking care since 16 years. Kindly help in this regards how to file a case what penal code for family issue and they are approaching lawyer for false cases on me and now father is also on their side since he is scolding to sale the property. Regards.

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  • Raeesahmed1@yah says:

    I am staying at top floor and there is leakage from terrace , society agreed to repair saying I must pay 50% of cost is it correct. Where as terrace is used by all tenants.

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  • Raeesahmed1@yah says:

    I am staying at top floor and there is leakage from terrace , society agreed to repair saying I must pay 50% of cost is it correct. Where as terrace is used by all tenants.

    View Comment
  • Raeesahmed1@yah says:

    I am staying at top floor and there is leakage from terrace , society agreed to repair saying I must pay 50% of cost is it correct. Where as terrace is used by all tenants.

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  • Raeesahmed says:

    I am staying at top floor and there is leakage from terrace , society agreed to repair saying I must pay 50% of cost is it correct. Where as terrace is used by all tenants.

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  • Raees ahmed says:

    I am staying at top floor and there is leakage from terrace , society agreed to repair saying I must pay 50% of cost is it correct. Where as terrace is used by all tenants.

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  • what type of miss use of power can the managing society be charged
    `

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  • Sandeep says:

    On my similar request of terrace repair work , socity is now showing lack of funds . It appears from the initial assessment that funds were inabroptly uses only for one flat . Can we escalate this matter to register office & expect the solution .

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