This is only your responsibility to mend the leakage.

You can try by negotiating with member to share expense of repair or society may do. 

But as per law, you only responsible for it.

Society is bound to carry out repairs to the terrace 

2) no need to ask other flat owner for contribution 

3) society should determine source of leakage and carry out repairs 

4) call structural engineer to carry out inspection 

1. If leakage occurs st your space and the same doesn't fall in common facilities then it's your sole responsibility to fix the defect. 

2. Again your answer depends on where this leakage occurs.  If it has happened in your area then one wonder why the person who is suffering because of you would bear the cost.

3. Check this for sure.

4. This one is not clear to me. Irrespective of his layout the responsibility fixes upon him in whole area the defect lies.

If the leakage is due to structural damage the society may be approached, who has the corpus funds available for this purpose. 

If the leakage is due to wear and tear then it may become the responsibility of the individuals concerned. 

The other issue can be settled on mutually agreed conditions. 

If your terrace is private then it's your responsibility. But you can share the same with society. If in agreement the terrace is common area then it's society responsibility

- A terrace is a common area of a residential society which is for the enjoyment and benefit of all its members. 

- As per rule , the Association  shall  frame  rules,  regulations  and  procedures  for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas  which  will  interfere  with  the  peaceful  occupation  of  units  by  respective  Owners  / Residents conducive to day to day living environment. 

- As per  Bye-laws ,  Repairing of external leakage of the premises is the responsibility of society. 

- Further, The Bombay High Court, in a recent decision, has held that a co-operative society is responsible for repairs of a leaking roof.

- If the Society is not taking interest to repair the leakage problem, you can complaint to local BMC ward office.,

- Under section 381 of the BMC Act., it has the power to inspect and then issue a notice to the society, and if no response from the BMC, then you can file a suit in the Court as well. 

- You should lodge a written complaint in the office of your co-operative housing society for the same, and if no response then take legal steps as i mentioned above. 

Having private terrace exclusively under your control and use puts your responsibility to bear the expenses. 

Please settle your internal problems with 19th Floor privately. It is neither the duty of 19th Floor nor Society to repair the leakage. 

If 19th floor is ready to share 50% well and good otherwise you have to bear the expenses because the problem exists and starts from your place. Therefore responsibilities to bear expenses rest upon you to get the wrong corrected amicable with other members. 

19th Floor taken balcony in his bedroom amounts to illegal activities and unauthorized change in Original Plan and responsible for prosecution under MRTP Act which refers to 3 years Jail term.

Now you can hold him responsible for 50 % share in total amount of expenses to be incurred for the repair work of leakage. 

1. The liability to repair any type of leakages, specifically from private pocket terraces is the sole responsibility of the Flat Owner and Society is not liable to repair, privately held areas.

http://chshelpforum.com/service-charges-of-chs

2. However under provision of bye law no. 160, society is liable to repair only those partitions which constitutes as "common spaces" (like common terrace, external pipe lines, etc....)

1. Check bylaws and confirm for how long the society is responsible for repairs. If time duration is pending than society have to bear out the cost.

2. No. Either you or society.

3. Get it confirmed by an expert. 

4. Complaint about this to society management.

See the bye laws. Normally owners do the rwpair work. The washroom must be choked. As your pipes are choked or problematic you will have to bear the cost.

Both the party has to incur the cost.

1. It is your responsibility to plug any leakage from your property.

2. Society is not liable in any manner.

3. You have no right to seek any penny from the victim (19th floor owner).

Dear Sir,

If the said cost is not borne by the society and if there is no provision of law for this, you are to have share the expenses with the 19th floor member on 50-50 basis. 

you have to see the bye laws of your society however as per standard bye laws it will be responsibility 50% of each flat owner . 

it is your private terrace

that means it does not come in common areas!

then how can you take recourse to some bye-law which is applicable to common areas???

if it is your own private terrace then if there is any seepage from your terrace to the floor below then YOU WILL HAVE TO BEAR THE FULL COST

You cannot make the society and the affected flat owner pay any amount

whether the leakage is from drainage pipe or from other source, it is you who will have to ascertain by calling a plumber or other suitable technician

it matters least if the 19 th floor member has enclosed his balcony

even if he had not so enclosed, you would still be liable

one cannot be heard to say that the terrace is his own private property but when it comes to repairs the responsibility is put on society or any affected flat owner

that is like blowing hot and cold at the same time

if you want the society to do the repairs then you will have to give up your exclusive right on the 'private' terrace

hope your query is answered specifically!

1. If terrace is private for your use then you need to pay the cost of repairing of the terrace.

2. Yes you can but you are responsible to maintain the terrace so he can refuse to pay any money for repairs.