• Proposed Society bank a/c and defaulters

Hi all,

We are staying in Kharghar and having some problems with builder wrt. society formation. Builder asked for some money on maintenance we decided that we will start maintaining it ourselves.We have opened a bank account with proposed society name.My 2 questions are 

1 . As we have not called for any general body meeting and selected any chief promoter or even informed the registrar for CHS. Can this bank account be legally challenged as it has the society name (proposed)

2. Builder say there are few defaulters due to which he is not able to form society. Can he delay/deny forming society because of some defaulters. Should we move consumer court?

Thanks
Asked 1 year ago in Property Law from Navi Mumbai, Maharashtra
Religion: Hindu
1) if builder is not forming cooperative society inspite of having sold flats members can form cooperative society on their own by approaching registrar of cooperative societies 

2) you can also file consumer complaint against builder for deficiency in service and seek necessary orders for formation of society by the builder 


3) contact a local lawyer 

4) call meeting of members select a chief promoter and then open account in favour of proposed society 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
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1. Treat the matter in this way. You have formed a society which has not yet been registered and the society has opened a bank account in its name mentioning the name of the secretary and treasurer  who will operate the account. For that you need to elect  secretary, and also board of directors. Without specifying the names of the persons and their designations who will operate the account of  a society, bank is not supposed to open in the name of the society,

2. For forming your Housing Society, you need not depend on the Builder. You the bonafied flat owners can yourself form a society and elect your secretary, president and board of directors.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
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1. Have the conveyance deeds in favour of the flat owners been registered by the builder?

2. If yes, then you the flat owners are entitled to form the society to maintain their affairs in connection with their flats.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
1) you can move consumer forum against builder for failure to form society and execute conveyance 

2) you can also file criminal complaint against the builder under provisions of Maharashtra ownership of flats act 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
The adhoc society formed by the members themselves and opened a bank account too in the name of society will  be held valid.  The registration of the society can be done at a later stage too after a formal announcement of  the office bearers and the other functions of the society is made in the general body meeting.
For the deficiency of service by the builder he can very well be drawn to the consumer forum seeking compensations. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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Send a notice to builder for forming the society. Actually builder has no role in forming a housing society if he sold out all the flats. If the builder is not turned up , Call a meeting of owners of the flat  and decided to create a society .Announce the office bearers or elect from the members gather in the meeting as adhoc committee. If needed a general body meeting . Then register the society and elect office bearers .Start a bank account and operate the same as per the bye law.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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1. The general body meeting can be called after the opening of the account to give ex post factor approval to the account which has been opened. The builder has no right to challenge the opening of the bank account as the members are free to form a society.

2. The defaulters, if any, can be kept out of the society by the builder, but this does not authorize him to halt the formation of the society. The members are free to move the consumer forum against the builder.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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