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prasad (executive)     31 August 2024

Withdrawal of money from frozen bank account

We, being an unregistered "xxxxxxx flat owners welfare association" of  an Apartment with 27 flats in Hyderabad city, have opened a Savings Bank Account in S.B.I in the year 2009 without registration of  the "xxxxx Flat owners welfare Association" duly submitting copy of unregistered By - laws  to the Bank alongwith Account opening applicatWeion.

Since opening of the above said S.B A/c, we have done so many bank transactions in the above Account till the year  2019.

Surprisingly, once when we approached the Bank for withdrawal of money in the year 2020, to attend repair works of our apartment, the bank official told us that your Account was frozen since your  "xxxxxx Flat owners welfare association" was not registered as well as youlr by-laws and told us to get your "xxxxxx Flat owners welfare association" registered and submit the registration certificate  to enable us to withdraw money. 

So, We approached the Telangana State Government for getting our "xxxxxx Flat owners welfare association" registered,  we came to know that there was a ban for registration of  "Flat owners welfare associations" of Apartments and no chace of lifting the ban in near future.  Then, we appraised the same to the bank officials and requested them to close our account and enable us to  withdrawing our money. 

But, Bank officials told, even for closure of the account we want registered copy of "xxxxxx Flat owners welfare association".

Hence, we request you to please guide us how to get our money back from our account, as we have to attend some repair works of the apartment failing which the total structure of the apartment will get affected and may lead to collapse some portion of the structure.

Hence, We request you to guide us in this regard. How can we get our money back from the frozen account even without registration of our "xxxxxx Flat owners welfare association" as we have opened the Account without registration of  the same.

Any possibility to get our money back , if we approach the bank legally because the amount deposited in the bank is corpus fund from all the flat owners of our apartment

Please guide us.

Regards

Prasad

 



Learning

 4 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     31 August 2024

The bank refused the withdrawl of money in 2020. What were you doing for more than 4 years? Find out what was the reason for ban on the registration of flat owners' associations. Generally wefare associations are registered under the Societies Registration Act of the State. A flat owners association is actually not a welfare association because in an association of flat owners the membership cannot be voluntary. There may be another act under which flat owner's association are to be registered. You find out that act and apply for registration under the other act. You may be asked to remove word 'welfare' from your present name. You may also have to make changes in the byelaws. After registering under the new act you open an account in the same bank for the new registered association. Then you apply to the bank for the transfer of the funds from the old unregistered association to the new registered association. The bank may advise you regarding the formalities for the purpose.

T. Kalaiselvan, Advocate (Advocate)     01 September 2024

You have not come out with the details of the actions taken from the year 2020 till now in this regard.

If you have not taken any action then you can take legal action against the bank by first sending as legal notice demanding the bank to permit you to close the bank account and return the money to the association.

If they fail to respond then you can file a suit for mandatory injunciton against the bank to direct them to return your money and close the bank account for ever.

Dr. J C Vashista (Advocate )     01 September 2024

Issue legal notice to the Bank for allowing office bearers (authorised by AGM of RWA) to make transaction(s) in the account, failing which file a suit before civil court for issuance of permanent and mandatory injunction, if the RWA do not opt to proceed before Banking ombudsman seeking professional services of a local prudent lawyer.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 September 2024

Find out first the legal position as I stated. If the association is not registered it is just an association of persons. In such an association of persons, persons will be leaving when transferring the flat and new persons will be joining. Persons who are authorised to operate the account may also be changing? The association will not be an entity that can sue and can be sued. Government will not place a ban on registration of associations, without sufficient reason. Find out what was the reason. Register under another act. I think that Telengana has got a Flat Owners Act. Certainly Telengana has a Co-operative Societies Act.


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