We are living in 28 flat + 6 shops apartment, we have not received Occupation letter and we have not received CC and OC since the August 2009. We members are managing unregistered society and quarterly maintenance is collected from each members in cash and all payments are made in cash (Tata Power , MBMC Water Bill , Security , Sweeper etc.) proper account is maintained by select appointed members and annual account is submitted to all members. We do not want to register the Society without completion certificate and Occupancy Certificate. As handling cash account is difficult, we would like to open a bank account to manage the funds. What are the options , please advise.
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1) you can open account in name of unregistered association
2) enclose resolution passed in meeting of the flat owners for opening bank account and for mode of operation of bank account
3) file complaint against builder before consumer forum and obtain orders to direct builder to obtain CC and OC
4) also seek litigation costs and compensation from builder for mental torture undergone by you
The bank will not open the bank account on the name of society until and unless it is registered, what you can do is that you can write this clause in the AOA of society that CC & OC have not been provided but for the convenience of the residents of the society this particular society is being registered.
Or else you can register a society with some other name for the purpose of managing the fund of the society, and after you are provided with the CC and OC you can open a new society with the name of your society.
Regards
Q. As handling cash account is difficult, we would like to open a bank account to manage the funds. What are the options , please advise.
A. you cannot open a bank account without registration of society because PAN card is necessary. you can form a society for community welfare and get it registered, when receive OC & CC then you convert it into a housing welfare society.
1. Without OC the buidling cannot be occupied.
2. Opening a bank account to cater to maintenance does not suffer any impediment due to lack of CC and OC.
For opening a current some banks insist on registration certificate of the society.
There are few cooperative banks who allow opening of current account in the name of the cooperative societies, which may be approached.
It is always advisable to register the society so that the registered body can demand the OC/CC from the builder who will have to adhere to the society being a body and not an individual.
For registration of society the CC or OC is not mandatory.
For all legal issues and solutions, the registered body shall be a competent person to represent the welfare and interests of the members.
