Please advise how residents of Flat owners should overcome this problem

Querist : Anonymous (Querist) 16 December 2010 This query is : Resolved
Dear Sir
We purchased a flat from a Promoting Company on 2nd floor & get it registered in our name in 2006 under Kolkata Municipal Corporation. (KMC). The promoter has done illegal construction of one floor extra over sanctioned plan of KMC. (Actually sanctioned plane was G+ 4 floors but he made G+ 5 floors) All 24 no of flats were sold out & all flats owners with family are living in. flats. Still few fire works is pending & promoter till date not get fire department clearance... Present problem is KMC still not issued any completion certificate (CC) to promoter. Promoter stopped to take money for maintenance of flats & not doing any maintenance of flats .Promoter has not made any arrangement for formation of society. All residents of flats mutually collecting monthly money & doing the maintenance. In between one flat owner had given two reminder letters at an interval of 01 year by registered post to promoter to request him to arrange CC for mutation from KMC. But till date the promoter did not give any reply of the registered letter. So Flat owners are not able to do mutation & official formation of society.Is it officially possible to form this houseing socity by all flat owners without active participation of Promoter or without CC from KMC. Is it possible to open a bank account in the name of this owner Houseing socity without registration of this socity.If so what is the procedure for that.
Kindly advise how residents of Flat owners should overcome this problem at earliest.

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adv. rajeev ( rajoo ) (Expert) 16 December 2010
it is the bounden duty of the promoter to provide basic eminities to the flat owners, not doing so amounts to rendering better service, so issue notice to the promoter, if he failed inspite of receipt of notice file a consumer case against him.

Pritam Saini, Advocate (Expert) 16 December 2010
i agree

Advocate Bhartesh goyal (Expert) 16 December 2010
I also agree.

Querist : Anonymous (Querist) 16 December 2010
dear Experts
Thanks for ur reply.
Kindly hilight ur expert openion about (i) can this flat owners houseing socity be made & registered without the CC of KMC or without involvment of promoter,(ii) Can a bank a/c be made in the name of this houseing socity even if it is not get registared (iii) if so kindly inform about the procedure to open such bank a/c.

SAANJAAY GUPTAA (Expert) 16 December 2010
I also agree

Devajyoti Barman (Expert) 18 December 2010
1yes
2.yes
3only apply with the designated persons.

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