Builder or RWA Not Handing Over the Corpus Fund, Bank Statements and Maintenance Records

Who this guide is for

This guide is for residents and members of a new apartment complex or housing society who are trying to take charge of their own building, and who face one of these situations:

• The builder has handed over flats but will not form the society or association, or will not transfer the corpus or IFMS fund and the building documents.
• An outgoing managing committee or RWA office-bearers refuse to share the bank statements, the maintenance ledger or the audited accounts during handover.
• You suspect the corpus fund, sinking fund or maintenance money has not been accounted for, but you cannot get a clear written statement.

It is most useful when you are about to form or have just formed the society or association and need a clean, documented handover so the new committee starts with proper records and money in the bank.

Who this guide is NOT for

This guide does not cover routine disputes that are not about handover, such as a one-off maintenance hike, a single repair refusal, or day-to-day RWA rules. It also does not cover pure title disputes over your own flat. If your problem is the builder not complying with a RERA order that has already been passed, the execution and recovery route is different. If money appears to have been criminally misappropriated, or if a large recovery is at stake, treat it as a high-stakes matter and consult a qualified lawyer or chartered accountant before acting.

What you can do this weekend

Friday evening

Gather what you already have. Collect your allotment or sale documents, possession letter, any receipt for the corpus or IFMS payment, maintenance bills, and any emails or notices from the builder or the committee about handover. Write down key dates: when you took possession, when the project was completed, and when handover was promised. Check your state RERA portal to confirm whether your project is registered, and note the registration number if it shows. This tells you whether the RERA route is open to you.

Saturday

Talk to neighbours and form a small group of members who want the handover done properly. A group request carries far more weight than a single resident, and is often needed to form the society or association in the first place. Together, make one master list of everything that should be handed over, using the checklist below. Decide who will sign and send the formal written demand. Draft the demand letter using the template in this guide, naming each fund and document and asking for a written handover statement and a joint inspection date.

Sunday

Finalise and prepare to send the written demand on Monday by both email and registered post, so you have proof of delivery. Create a shared folder where the group keeps every document, demand, reply and receipt, named clearly by date. Note your two escalation tracks for later: RERA for builder-side obligations on a registered project, and the Registrar of Co-operative Societies or the competent authority under your state apartment or society law for committee handover. Having both tracks mapped now saves weeks if the demand is ignored.

Handover checklist

Ask for each item in writing and sign for what you receive. The exact list varies by state law, the project terms and the society bye-laws.

Step-by-step action plan

Step 1 — Confirm who is responsible and which route applies

Work out whether your handover problem is builder-side or committee-side, because the remedy differs. If the builder has not formed the society, not transferred the corpus, or not handed over building documents, that is a builder-side obligation. If a sitting or outgoing managing committee or RWA will not share accounts and bank statements, that is a committee-side handover. Then check whether the project is registered under RERA on your state RERA portal. A registered project opens the RERA route for builder-side obligations. An unregistered or older project usually relies on the society, registrar and consumer or civil court routes.

Step 2 — Form a member group and make a single master demand list

Bring together members and prepare one consolidated list of every fund and document to be handed over, using the checklist above. A collective demand is stronger and is often legally needed to form or run the society or association. Decide who will represent the group and sign the demand. Keep the group informed at every step so no one can later claim they were excluded.

Step 3 — Send a formal written handover demand with proof of delivery

Send one clear, dated demand by email and by registered post to the builder or the outgoing committee. List each item, ask for a written handover statement, certified copies of the accounts and bank statements, and a date for a joint physical inspection of records. Keep the postal receipt and the delivery acknowledgement. This single document is what every later forum will treat as proof that you asked and were refused. Use the template further below.

Step 4 — Escalate builder-side obligations to RERA (registered projects)

If your project is registered and the builder is the one stalling, approach your state RERA authority. RERA can take up builder obligations such as forming the association, handing over common areas and transferring the corpus, and can hear member complaints. The forms, fees, procedure and timelines vary by state, so follow the steps on your state RERA portal. Attach your demand letter, proof of delivery and the project registration details. For builder defaults on a registered project, this is usually the most direct route.

Step 5 — Escalate committee handover to the Registrar or competent authority

If an outgoing committee or RWA will not hand over accounts, complain in writing to the Registrar of Co-operative Societies, or to the competent authority under your state apartment or society law. The Registrar can direct production of records, supervise the handover, order an audit and, in serious cases, order an inquiry into the society's accounts. Powers, the office name and the procedure vary by state, so check your state co-operative or housing department portal. Attach your demand letter and proof of refusal.

Step 6 — File an RTI with RERA or the Registrar to pull the records

RERA authorities and the Registrar of Co-operative Societies are public authorities, so you can file an RTI with them. Ask RERA for the project's filed details, the builder's quarterly filings, the registered association status and any handover or corpus information on record. Ask the Registrar for the society's registration file, filed annual returns, audit reports and any action taken on your complaint. This builds an independent paper trail. See how to file an RTI online in India for the step-by-step process.

Escalation ladder

Copy-paste handover demand template

Replace the text in square brackets with your own details before sending. Send by email and by registered post.

When RTI can help

The RTI Act, 2005 lets you obtain information from public authorities. A private builder and a privately managed RWA or apartment association are generally not public authorities, so you usually cannot file an RTI directly against them for the accounts. But two bodies that sit above your dispute are public authorities, and an RTI to them can be powerful:

• The state RERA authority. For a registered project, you can ask for the project's filed details, the builder's periodic filings, the status of the registered association or society, and any handover or corpus information the builder has placed on record. This is independent of whatever the builder tells you directly.
• The Registrar of Co-operative Societies / competent authority. You can ask for the society's registration file, the filed annual returns, the audit reports submitted, and the action taken on any complaint you have made about the handover. This helps you see the official record of your society's finances.

Use RTI to build a paper trail that the builder or committee cannot quietly ignore. Read how to file an RTI online in India for the process, and see how to file a first appeal if the authority does not respond in time. For government-body grievances, CPGRAMS and RTI together can add pressure where a central department is involved.

When RTI will not help

The builder and a private RWA. You generally cannot file an RTI directly against a private builder or a privately run RWA or apartment association for their internal accounts and bank statements. For builder-side obligations on a registered project, use RERA first. For committee handover, use the Registrar or the competent authority under your state law. The consumer forum and civil court are available where there is deficiency in service or a recovery to be made.

What RTI cannot do. RTI gives you information held by a public authority; it does not by itself order a builder or committee to hand over money or records. But the records and confirmations you obtain from RERA or the Registrar can be used as evidence in your RERA complaint, your registrar complaint, a consumer forum, or a court. Where accounts look manipulated or funds appear missing, ask the Registrar or competent authority for a special audit or inquiry, and take legal advice before any recovery action.

Common mistakes to avoid

• Relying on phone calls and WhatsApp instead of a written demand. Verbal requests leave no record. Always send a dated written demand by email and registered post so you can prove you asked and were refused.
• Acting as a single resident. A lone request is easy to brush off. Form a member group and send a collective demand; it carries more weight and is often needed to form or run the society or association.
• Assuming RERA covers every project. RERA applies to projects registered under the Act. If your project is older or unregistered, the RERA route may not be open, and the society, registrar and consumer or civil court routes become the main remedies. Check your state RERA portal first.
• Confusing the builder route with the committee route. Builder-side obligations go to RERA on a registered project; committee handover goes to the Registrar or competent authority. Sending the wrong complaint to the wrong forum wastes time.
• Trying to file an RTI against the builder or private RWA. They are generally not public authorities. File RTI with RERA and the Registrar instead, which are public authorities, to pull the records on file.
• Not asking for the corpus interest and deduction statement. Demand not just the fund but the interest earned and a full statement of deductions, so you can see exactly what happened to the money.
• Settling for a partial handover without signing for each item. Insist on a written handover statement and sign for each document and fund as received, so nothing can be claimed as handed over when it was not.