Builder not handing over the accounts of the society
mahmood mithani
(Querist) 28 March 2026
This query is : Resolved
Our is industrial society registered in 2023 under MCS act,1960, the society with 72 members is registered by the builder and handed over to the provisional committee in the first constituted general body meeting on 31.01.2024.
Simultaneously all the legal document related to the society & premises handed over to the society office bearers.
but till date the builder is not handing over the society accounts - since 31.01.2024, in fact builder continue to collect the maintenance through its related company.
We (provisional committee) chasing the builder for more than 2 years - had several meetings with the builder & his team but they did not budge on handing over the accounts of the society.
My question is since we have all the documents related to the society & the premises except conveyance deed, what course of the action should we take for running the day-to-day work and accounts of the society.
which departments we can lodge complaint against the builder other than registrar of society, since the builder in question is very high profile and having very good hold on the government agencies locally, he holds our water supply too for which he is charging us separately other than maintenance charges.
i will be highly obliged if someone guide us on this situation and suggest if we need consultant to handle this situation
kavksatyanarayana
(Expert) 28 March 2026
First, you shall complain against the builder to the Joint/Dy. Registrar of CHS and to the RERA. And engage a lawyer and send a legal notice to the builder, and if the builder does not respond, file a case against the builder in a court of law.
Dr. J C Vashista
(Expert) 29 March 2026
Besides the remedies as explained by learned senior expert Mr. Kavksatyanarayana, which I endorse and appreciate, the members of society may lock office/ godown/ properties of the builder kept inside premises, may not allow the builder/ his staff to enter the premises and watch his reaction.
T. Kalaiselvan, Advocate
(Expert) 29 March 2026
Under the Maharashtra Co-operative Societies Act, 1960 once the society is registered and first General Body is held, the builder must hand over the accounts, bank balance, maintenance records, contracts. If he continues to collect maintenance after handover then it be treated as illegal.
Also, under MOFA Act 1963, RERA Act 2016, the builder has no right to collect maintenance, control funds or withhold accounts.
Even without builder’s cooperation, you can legally run the society.
Open Society Bank Account (if not already) in the name of society, operated by Chairman + Treasurer + Secretary, pass General Body Resolution, call a GBM and pass resolutions that the society will collect maintenance directly, that the builder is restrained from collecting charges, members instructed not to pay builder and start Independent Maintenance Collection.
Make a Complaint to Deputy Registrar (DRCS) seeking to direct the builder to hand over the accounts, audit of builder related funds.
You can also file a complaint with RERA against the builder.
If the builder is controlling water then you make a complaint with the district collector or file a suit for injunction against the builder restraining him from indulging in such activities disrupting the supply of essential items.
