Differences

This shows you the differences between two versions of the page.

Link to this comparison view

practical-guides:builder-rwa-not-handing-over-corpus-accounts-maintenance-records [2026/06/05 04:00] – created - external edit 127.0.0.1practical-guides:builder-rwa-not-handing-over-corpus-accounts-maintenance-records [2026/06/12 12:35] (current) – Batch 2 rewrite: answer-first, topic-specific content and metadata Shrawan Pathak
Line 1: Line 1:
-{{htmlmetatags>metatag-title=(Builder or RWA Won't Hand Over Corpus and Accounts? Act Now)&metatag-description=(Builder or outgoing committee will not hand over the corpus fundbank statements and maintenance recordsUse the handover checklist, RERA, registrar and RTI.)&metatag-keywords=(corpus fund, IFMS, society handover, RWA accounts, RERA, Registrar of Co-operative Societies, maintenance records, bank statements, housing society, RTI)&metatag-robots=(index,follow)&metatag-og:title=(Builder or RWA Won't Hand Over Corpus and Accounts? Act Now)&metatag-og:description=(Builder or outgoing committee will not hand over the corpus fundbank statements and maintenance recordsUse the handover checklist, RERA, registrar and RTI.)&metatag-og:type=(article)}}+{{htmlmetatags>metatag-title=(Corpus Fund and Accounts Not Handed Over by Builder or RWA: Action Routes)&metatag-description=(Builder or outgoing RWA refusing to transfer the corpus, IFMS and audited accountsDecision routes: RERA, registrar special audit, and RTI for the records.)&metatag-keywords=(Housing and RERA)&metatag-robots=(index,follow)&metatag-og:title=(Corpus Fund and Accounts Not Handed Over by Builder or RWA: Action Routes)&metatag-og:description=(Builder or outgoing RWA refusing to transfer the corpus, IFMS and audited accountsDecision routes: RERA, registrar special audit, and RTI for the records.)&metatag-og:type=(article)}}
  
-====== Builder or RWA Not Handing Over the Corpus Fund, Bank Statements and Maintenance Records ======+====== Corpus Fund, Accounts and Maintenance Records Not Handed Over: Pick the Right Route ======
  
-**When a project is handed over to the residents, the builder or the outgoing managing committee must transfer the corpus or IFMS fund, all bank statements and the maintenance and accounts records to the new society or association. If they refuse or stall, you have clear routesmake a formal written handover demand, escalate to RERA for a registered project, and go to the Registrar of Co-operative Societies for committee handoverThis guide shows the handover checklist, the escalation ladder and exactly where RTI can and cannot help.**+**Reviewed on:** 2026-06-12.
  
 {{:practical-guides:builder-rwa-not-handing-over-corpus-accounts-maintenance-records.webp|Builder or RWA Not Handing Over the Corpus Fund, Bank Statements and Maintenance Records}} {{:practical-guides:builder-rwa-not-handing-over-corpus-accounts-maintenance-records.webp|Builder or RWA Not Handing Over the Corpus Fund, Bank Statements and Maintenance Records}}
  
-**Reviewed on:** 2026-05-29.+Your route depends on who is holding the money and where your society standsDecide first, act second:
  
-<WRAP center round info 95%> +  * **If the builder still runs maintenance and no association exists yet,** your fight is formation first, records second. Form the association (see [[practical-guides:builder-not-forming-society|builder not forming the society]]) while demanding annual statements of collections in writing. You cannot receive a corpus that has no legal body to receive it. 
-**Quick answer**+  * **If your association is registered and the builder refuses to transfer the corpus and accounts,** send a consolidated handover demand and escalate to your state RERA authority for a registered project. This is a promoter duty connected to handover, not a favour. 
 +  * **If an outgoing RWA or managing committee refuses to hand records to the newly elected committee,** the builder is irrelevant. Go to the Registrar of Societies or Registrar of Co-operative Societies under your state law, who can direct production of records and order an audit or inquiry. 
 +  * **If the numbers do not add up after you get the records,** ask the registrar for a special audit, and take legal advice before alleging misappropriation.
  
-At society or association formation, the builder or the outgoing committee must hand over the corpus or IFMS fund with interest, the bank statements and passbooks, the audited accounts and maintenance ledger, and the building's documents. If they refuse, **first send one dated written handover demand by email and registered post listing every fund and document you want, and ask for a written handover statement and a joint inspection date.** If that fails, escalate: for a registered project, take builder-side obligations to your state RERA authority; for committee handover, complain to the Registrar of Co-operative Societies or the competent authority under your state law, who can order production of records, an audit or an inquiry. A private builder and a private RWA are generally not covered by RTI, but RERA authorities and the Registrar are public authorities, so an RTI to them can pull the project filings, the audited accounts on record and the handover status. RERA applies only to registered projects, and the rules vary by state. +===== Know your three pots of money =====
-</WRAP>+
  
-===== Who this guide is for =====+Mixing these up weakens every demand letter, so separate them:
  
-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:+  * **Corpus / IFMS.** A one-time amount collected from each buyer, usually at possession, meant as the society's permanent reserve. In the NCR it is commonly called Interest Free Maintenance Security. It belongs to the body of ownersnot the builder. 
 +  * **Maintenance collections.** Monthly or advance charges for running the building. The builder may collect and spend these while he runs maintenance, but must account for every rupee and transfer the unspent balance. 
 +  * **Sinking fund.** A repair reserve some agreements and state bye-laws require separately.
  
-  * The builder has handed over flats but will [[/practical-guides/builder-not-forming-society/|not form the society]] or association, or will not transfer the corpus or IFMS fund and the building documents. +===== The legal hooks =====
-  * 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 cleandocumented handover so the new committee starts with proper records and money in the bank.+  * Under Section 11(4) of the RERA Act, 2016, the promoter must maintain essential services until maintenance is taken over by the association and must pay all outgoings until physical possession transfers. Money collected from allottees for specific purposes must be applied to those purposes; RERA authorities have directed corpus transfers with accounts in handover complaints. 
 +  * **Uttar Pradesh has the clearest statute:** Section 14 of the UP Apartment Act, 2010 requires the promoter to hand over the IFMS, with interest, to the association once it takes charge. For Noida project of 300 flats that paid IFMS at Rs 100 per sq ft on an average 1,500 sq ft, that is Rs 1.5 lakh per flat and Rs 4.5 crore in total, before interest. Builders who held such funds for five years owe the interest too, which is why your demand must always say "with interest earned and a deduction statement"
 +  * State cooperative and societies acts give the registrar power to call for records, supervise handover between committees, and order an audit or inquiry into accounts.
  
-==== Who this guide is NOT for ====+===== What to demand, in one letter =====
  
-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 misappropriatedor if a large recovery is at stake, treat it as a high-stakes matter and consult a qualified lawyer or chartered accountant before acting.+Send a single dated demand by email and registered postlisting:
  
-===== What you can do this weekend =====+  - Corpus / IFMS amount collected, flat-wise, with interest earned and a statement of any deductions. 
 +  - All bank statements, passbooks and FD receipts of the maintenance and corpus accounts. 
 +  - Audited income and expenditure statements for each year the builder or outgoing committee ran maintenance. 
 +  - The maintenance ledger, flat-wise dues and advance position. 
 +  - Vendor contracts, staff list, statutory registrations (EPF, ESI where applicable) and utility security deposits. 
 +  - A written handover statement and a joint verification date.
  
-==== Friday evening ====+Sign for each item at handover. A partial handover with no signed list becomes "everything was given" within a year.
  
-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.+===== Escalation by route =====
  
-==== Saturday ====+**Builder route (registered project):** demand letter, then a complaint to the state RERA authority seeking transfer of the corpus with interest, audited accounts and a penalty for the delay. Attach the demand, proof of delivery, your association registration certificate and possession evidence. Where the project is not RERA registered, the consumer commission route through [[https://edaakhil.nic.in/|e-Daakhil]] for deficiency in service, or a civil claim, applies; check limitation early.
  
-Talk to neighbours and form a small group of members who want the handover done properly. A group request carries far more weight than single resident, and is often needed to form the society or association in the first placeTogether, 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.+**Committee route:** written demand to the outgoing committee citing the bye-laws, then complaint to the Registrar of Societies or Co-operative SocietiesAsk specifically for a direction to produce records and for special audit if figures look manipulated. The registrar's audit report then becomes your evidence for recovery.
  
-==== Sunday ====+**Criminal route, used sparingly:** where records show funds diverted, a police complaint for criminal breach of trust may lie. Take a lawyer's opinion first; a premature FIR can stall the civil recovery.
  
-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.+===== Where RTI fits =====
  
-===== Handover checklist =====+Neither a private builder nor a private RWA is a public authority, so RTI does not run against them directly. It runs against the offices above them:
  
-Ask for each item in writing and sign for what you receiveThe exact list varies by state law, the project terms and the society bye-laws.+  * **Registrar of Societies / Co-operative Societies:** filed annual returns, audit reports submitted by your society, election records, and action taken on your handover complaintIf the outgoing committee claims accounts were "filed with the registrar"RTI proves or destroys that claim in 30 days. 
 +  * **State RERA:** the promoter's quarterly filings and any corpus or maintenance disclosures on the project record. 
 +  * **Development authority (Noida, Greater Noida and similar):** correspondence with the builder on apartment owners' grievances, where the authority is the lessor of the land.
  
-^ Item to hand over ^ Why it matters ^ Who usually holds it ^ +Use [[file-rti-online-india|RTI online]] or your [[state-rti-portals-directory|state portal]], and a [[act:section-19|first appeal]] if the PIO is silent.
-Corpus / IFMS fund with interest and a deduction statement | This is the society's opening money; without a clear account you cannot tell what was collected, spent or earned Builder (until handover); then the new society or association | +
-| All bank statementspassbooks and fixed deposit receipts | Shows the actual cash position and whether funds were moved or withdrawn before handover | Builder or outgoing committee | +
-| Audited accounts and the maintenance ledger | The financial record of every collection and expense; the basis for any audit or inquiry | Outgoing committee / society auditor | +
-| Society / association registration certificate, bye-laws and member or share records Confirms the legal body, who the members are and the share allotment | Builder or Registrar / competent authority | +
-| Sanctioned building plans, completion and occupancy certificates, statutory NOCs | Needed for safety, future repairs, loans and resale; proves the building is legal and complete | Builder | +
-| Warranties and AMCs for lifts, pumps, DG sets, fire systems and STP | Lets the new committee maintain equipment and claim free repairs within warranty | Builder / facility contractor | +
-| List of vendors, staff, utility connections and security deposits | Lets the new committee run the building without interruption and recover deposits | Outgoing committee / builder | +
-| Your dated written handover demand and proof of delivery | Evidence for RERA, the Registrar, a consumer forum or a court that you asked and were refused | Keep your own copy and the registered post receipt |+
  
-===== Step-by-step action plan =====+===== Common mistakes =====
  
-==== Step 1 — Confirm who is responsible and which route applies ====+  * Accepting a one-line "corpus: Rs X" figure without flat-wise collection data. You cannot verify a total you cannot reconstruct. 
 +  * Forgetting interest. Five years of FD interest on a multi-crore IFMS is real money and legally part of the fund. 
 +  * Letting the builder set off disputed "dues" against the corpus unilaterally. Deductions need documentation, and contested ones belong before RERA or the registrar. 
 +  * Treating the registrar route and RERA route as either-or. They cover different opponents: registrar for committees, RERA for promoters.
  
-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.+===== FAQs =====
  
-==== Step 2 — Form a member group and make a single master demand list ====+==== Is the builder entitled to keep the IFMS as long as he runs maintenance? ====
  
-Bring together members and prepare one consolidated list of every fund and document to be handed overusing the checklist aboveA 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.+He may hold it while he lawfully runs maintenancebut it remains the owners' moneyOnce the association takes charge, transfer with interest is dueIn UP this is explicit in Section 14 of the Apartment Act, 2010.
  
-==== Step 3 — Send a formal written handover demand with proof of delivery ====+==== The builder says the corpus was "used up" on maintenance deficits. What now? ====
  
-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 recordsKeep 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.+Demand the audited statements that prove itCorpus and maintenance are separate pots; using the reserve to cover routine deficits without member consent is exactly what a RERA complaint and a special audit are for.
  
-==== Step 4 — Escalate builder-side obligations to RERA (registered projects) ====+==== Can we demand records for years before our committee was elected? ====
  
-If your project is registered and the builder is the one stalling, approach your state RERA authorityRERA can take up builder obligations such as forming the association[[/practical-guides/builder-not-handing-over-common-areas/|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 letterproof of delivery and the project registration details. For builder defaults on a registered project, this is usually the most direct route.+YesThe records belong to the society, not to whoever held office. The registrar can direct the outgoing committee to produce all bookswhatever the period.
  
-==== Step 5 — Escalate committee handover to the Registrar or competent authority ====+==== What does a special audit cost and who pays? ====
  
-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'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.+It varies by state; the registrar may charge the society or direct costs against the defaulting committee. The audit report'value as evidence usually outweighs the fee.
  
-==== Step 6 — File an RTI with RERA or the Registrar to pull the records ====+==== Our complex has a builder-appointed facility manager who refuses accounts. Who do we proceed against? ====
  
-RERA authorities and the Registrar of Co-operative Societies are public authorities, so you can file an RTI with themAsk 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 [[/file-rti-online-india|how to file an RTI online in India]] for the step-by-step process.+The builderThe agency acts for him. Address the demand to the promoter company and name the agency in the RERA complaint.
  
-===== Escalation ladder =====+==== Can RTI get me the builder's bank statements? ====
  
-^ Level ^ Who / Where ^ How to reach ^ When to use ^ Expected outcome ^ +No. Bank statements of a private company are not held by a public authority. RTI gets you the registrar'and RERA'records; the bank statements come through the handover demand, the registrar's production order, or court discovery.
-| 1 | Builder or outgoing committee | Dated written demand by email and registered post; ask for written handover statement and joint inspection | First step, as a member group | Handover statement and records, or a clear written refusal you can rely on later | +
-| 2 | Builder'grievance or RERA-listed contact | Follow up in writing referencing your demand; use any complaint channel on the project'RERA listing | If the first demand is ignored for a reasonable time | Documented follow-up that strengthens your case | +
-| 3 | State RERA authority (registered projects) | File a complaint on your state RERA portalattach the demand and project details | For builder-side obligations on a registered project | Direction to the builder to form the associationhand over and transfer the corpus | +
-| 4 | Registrar of Co-operative Societies / competent authority | Written complaint to the Registrar or authority under your state society or apartment law | For committee or RWA handover and accounts disputes | Order to produce records, supervise handover, or order an audit or inquiry | +
-| 5 | RTI to RERA authority or the Registrar | [[https://rtionline.gov.in|rtionline.gov.in]] or the state RTI portal; address the PIO of the authority | To obtain filed records and action-taken information held by these public authorities | Project filings, audited accounts on record, handover status and complaint action | +
-| 6 | Consumer forum / civil court | Through a qualified lawyer; or the consumer route for deficiency in service | If forums above do not resolve it or money is missing | Binding orders, recovery and compensation where proven |+
  
-===== Copy-paste handover demand template =====+===== Related guides =====
  
-Replace the text in square brackets with your own details before sending. Send by email and by registered post.+  * [[practical-guides:builder-delays-maintenance-transfer|Maintenance transfer from builder to society: worked example]] 
 +  * [[practical-guides:builder-not-handing-over-common-areas|Common areas and documents handover under Section 17]] 
 +  * [[practical-guides:builder-not-forming-society|Builder not forming the society]] 
 +  * [[practical-guides:builder-demanding-maintenance-before-possession-oc|Maintenance demanded before possession or OC]] 
 +  * [[practical-guides:start|All practical guides]]
  
-To, +Download the corpus and accounts handover checklist (PDF).
-[Builder / Developer name OR Outgoing Managing Committee], +
-[Project / Society name and address] +
- +
-Subject: Formal demand for handover of corpus / IFMS fund, bank statements and maintenance / accounts records — [Project / Society name] +
- +
-Dear Sir / Madam, +
- +
-We, the undersigned members / residents of [project or society name], are writing to formally demand a complete and documented handover of all funds, accounts and records, as the society / association has been / is being formed. +
- +
-We request you to hand over the following within a reasonable time and to provide a written handover statement signed by both sides: +
-1. The corpus / IFMS fund collected from buyers, with interest earned and a statement of all deductions. +
-2. All bank statements, passbooks and fixed deposit receipts for the project / society accounts+
-3. The audited accounts and the complete maintenance ledger. +
-4. The society / association registration certificate, bye-laws and member / share records. +
-5. Sanctioned building plans, completion and occupancy certificates and statutory NOCs. +
-6. Warranties and maintenance contracts for lifts, pumps, fire systems and other equipment. +
-7. The list of vendors, staff, utility connections and security deposits. +
- +
-We request a date within the next [number] days for a joint physical inspection of records and a formal handover. Please confirm the date in writing. +
- +
-This demand is made on behalf of the members. A copy of this letter is being sent by registered post. We request your written response. +
- +
-Yours faithfully, +
-[Names and flat numbers of signing members] +
-[Contact email and mobile number] +
-[Date] +
- +
-Enclosures: +
-1. Copy of corpus / IFMS payment receipt (if available) +
-2. Possession letter / sale document reference +
-3. Any earlier correspondence on handover +
- +
-===== 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 [[/file-rti-online-india|how to file an RTI online in India]] for the process, and see [[/file-first-appeal-rti-section-19-2026|how to file a first appeal]] if the authority does not respond in time. For government-body grievances, [[/cpgrams-rti|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. +
- +
-===== Official links ===== +
- +
-  * [[https://rtionline.gov.in|RTI Online Portal — rtionline.gov.in (for RTI to RERA / the Registrar)]] +
-  * [[https://cpgrams.gov.in|CPGRAMS — Centralised Public Grievance Redress and Monitoring System]] +
-  * [[https://consumerhelpline.gov.in|National Consumer Helpline — consumerhelpline.gov.in]] +
-  * [[https://mohua.gov.in|Ministry of Housing and Urban Affairs — mohua.gov.in (state RERA links)]] +
- +
-===== Frequently asked questions ===== +
- +
-==== What exactly should a builder or outgoing committee hand over at the time of society formation? ==== +
- +
-At handover you should receive the [[/practical-guides/builder-not-forming-society/|society or association formation]] papers, the membership and share records, the audited accounts and maintenance ledger, all bank statements and passbooks, the corpus or interest-free maintenance security (IFMS) fund with interest, fixed deposit receipts, the building's sanctioned plans, the completion and occupancy certificates, statutory NOCs, warranties for lifts and pumps, and the original property and common-area documents. Ask for a written handover list and sign for each item received. The exact list and timeline vary by state law, the society bye-laws and the registered project's terms. +
- +
-==== Can I file an RTI directly against the builder or my private RWA for the accounts? ==== +
- +
-Generally no. A private builder and a privately managed RWA or apartment association are not public authorities under the RTI Act, so you cannot file an RTI directly against them. The correct routes are RERA for a registered project and the Registrar of Co-operative Societies (or the competent authority under your state apartment or society law) for committee handover. You can, however, file an RTI with the RERA authority and with the Registrar, because both are public authorities, to obtain the project filings, the audited accounts on record and the handover status. +
- +
-==== What is the corpus or IFMS fund and why does the builder hold it? ==== +
- +
-The corpus fund, often called the interest-free maintenance security or IFMS, is money collected from buyers, usually at possession, to meet major future expenses and to start the society's finances. The builder typically holds it during the construction and early maintenance phase. At handover the builder is expected to transfer this fund, along with any interest earned and a clear account of deductions, to the registered society or association. If the builder refuses or gives no account, raise it before RERA for a registered project and demand a written statement of the fund. +
- +
-==== The outgoing managing committee will not share bank statements and the maintenance ledger. What can I do? ==== +
- +
-First make a written demand to the committee for inspection and certified copies of the bank statements, the maintenance ledger and the audited accounts, citing your right as a member under the bye-laws. Keep a dated copy. If the committee still refuses, complain in writing to the Registrar of Co-operative Societies or the competent authority under your state law, who can direct production of records, order an audit or inquiry and supervise the handover. You can also file an RTI with the Registrar for the society's filed returns, audit reports and any complaint action. +
- +
-==== Does RERA apply to my handover dispute? ==== +
- +
-RERA applies to projects that are registered under the Real Estate (Regulation and Development) Act. If your project is registered, you can approach the state RERA authority for builder-side obligations such as forming the association, handing over common areas and transferring the corpus. RERA procedures, the prescribed forms and timelines vary by state, so check your state RERA portal. If the project is older or not registered, RERA may not apply, and the society or registrar route and the consumer or civil court become the main remedies. +
- +
-==== How do I make a formal handover demand that actually creates a record? ==== +
- +
-Send a single, dated written demand by email and by registered post to the builder or the outgoing committee. List every document and fund you want, ask for a written handover statement and a date for a joint inspection, and keep the postal receipt and acknowledgement. A clear written demand with proof of delivery is what RERA, the Registrar, a consumer forum or a court will look for as evidence that you asked and were refused. Avoid relying only on phone calls or WhatsApp messages. +
- +
-==== What if money is missing or the accounts look manipulated? ==== +
- +
-If the records suggest funds are missing or the accounts are manipulated, ask the Registrar or competent authority for a special audit or inquiry into the society's accounts, which is a power most state co-operative and apartment laws provide. For a registered project, raise the corpus and fund-transfer issue before RERA. Where there is a clear allegation of criminal misappropriation, you may also need a police complaint and a lawyer. Large recoveries and possible fraud are high-stakes matters, so consult a qualified professional before acting.+