Who is responsible to get leakage repair in society terrace?

Re spected sir/madam, I am from Hyderabad. Our building is just 2 year old, due to construction fault, water leaking from terrace slab/walls Below reasons why society is denying to repair: 1. Terrace isn’t common area. Is this right? 2. Since it’s only 2 years it’s builder responsibility to repair(reason why we want repair now is the dispute with builder will go for years and by then damage would be a lot inside our flats). Can society stop repair based on this? 3. Also bcoz of pending issues(Cellar water leak, water coming from cellar bulb holder etc) which society claim as severe(but no action taken in 2 years) All top floor owners moved in from last 5 months only. We worry abt rainy season, few rains going to damage wall and can lead to electric shock if I am not wrong, as water passes thru walls. We are willing to pay 1 lakh and later recover from monthly maintenance. Society is not agreeing to that too Sir/madam, please advise.

4 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 14 Nov 2024

In reply to your queries about the leakage of water into your building, the society cannot be justified in saying that the 'terrace' is not a common area, as the terrace, as a whole, comes under the domain of the maintenance responsibility of the society. As this building is only two years old, the responsibility of all the repairs lies with the builder and one cannot deny the repairs based on such reasons. Such an arrangement the society should consider if you are willing to pay for repairing upfront and recover later. Then so be it if you are required to send a legal notice to compel the society to act, emphasizing safety concerns regarding possible electrical hazards due to water leakage.

Mohammad Khaleel Ahmed
Advocate Mohammad Khaleel Ahmed Answered: 06 Jul 2023

Issue legal notice to the builder and file consumer case as the building is constructed about 2 years old. The limitation period is 2 years, you may file case with condonation of delay petition.

Mohammad Khaleel Ahmed
Advocate Mohammad Khaleel Ahmed Answered: 06 Jul 2023

Issue legal notice to the builder and file consumer case as the building is constructed about 2 years old. The limitation period is 2 years, you may file case with condonation of delay petition.

Admin
Advocate By LEAD INDIA Answered: 22 Jun 2023

Hello Sir/Mam

As per your query if the builder has not provided you with all the necessary things as per the agreement then send a legal notice to get the issue resolved or else you will file the suit against him 

To know more in detail please call on our helpline number 

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