Gic housing finance ltd., kolkata office, lost my original deed

Sudip Shome (Querist) 20 August 2014 This query is : Resolved
This is for your information that as my original deed of my flat was with GIC Housing Finance Ltd., Kolkata Office, because for a housing loan taken against the same of an amt. 2,00,000/- ( Rupees Two Lacs only ). But, after refunding 1,50,000/- ( Rupees One lac Fifty Thousand Only ) with interest, the manager of GIC, wrote me a letter, that my ORIGINAL DEED IS LOST from their custody due to an accident caused.

I filed a case against them at DISTRICT CONSUMER FORUM – BARASAT ( NORTH 24 Pgns.) WEST BENGAL at December 2010 but, the Judge dismissed it at Jan.2012 showing reason that I am not in a position to ask for my Original Deed because I still did not paid the rest due amount to GIC.

Now, I had cleared all my dues to GIC - KOLKATA. Now what should I do ? Because the forum, I think, was playing with me by giving such an order after one year which only instruct me to pay the dues to GIC but nothing to GIC about my lost deed.

Can I claim compensation from GIC - KOLKATA ? Present value of my same property is 1500000/- . So how much should I can claim as compensation ?

Thanks with hope

Sudip Shome
Kolkata, West Bengal

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Devajyoti Barman (Expert) 20 August 2014
You can not file fresh application in the consumer forum.

Raj Kumar Makkad (Expert) 20 August 2014
This is your repeated query hence no reply.

Rajendra K Goyal (Expert) 21 August 2014
Repeated query:

http://www.lawyersclubindia.com/experts/Gic-kolkata-lost-my-original-property-deed-and-tells-law-can-t-do-anything-to-them--288061.asp#.U_VxZfmSxuA

http://www.lawyersclubindia.com/experts/Gic-kolkata-lost-my-original-property-deed-and-tells-law-can-t-do-anything-to-them--287456.asp#.U_Vx8vmSxuA

ajay sethi (Expert) 21 August 2014
repeated query

Sudip Shome (Querist) 21 August 2014
YES I AM REPEATING BECAUSE MY PREVIOUS CASE MADE AGAINST GIC AT THE DISTRICT FORUM WAS DISMISSED BECAUSE MY OWN LAWER DID NOT PRODUCE THE NATIONAL ORDER COPY THAT HE GAVE AN EXAMPLE FOR THE CLAIM AT THE COURT & THE JUDGE SAID THAT WITHOUT PAYING ALL THE DUES I CANNOT ASK FOR MY ORIGINAL DEED. SO NOW I HAD PAID ALL MY DUES AND I WANT TO APPEAL FRESHLY.

Devajyoti Barman (Expert) 21 August 2014
Sorry, did not notice the repetition of the query.

Sudip Shome (Querist) 21 August 2014
Can I claim compensation from GIC - KOLKATA ? Present value of my same property is 1500000/- . So how much should I can claim as compensation ?

Sudip Shome (Querist) 21 August 2014
@ Mr.DEVAJYOTI BARMAN -This is for your information that as my original deed of my flat was with GIC Housing Finance Ltd., Kolkata Office, because for a housing loan taken against the same of an amt. 2,00,000/- ( Rupees Two Lacs only ). But, after refunding 1,50,000/- ( Rupees One lac Fifty Thousand Only ) with interest, the manager of GIC, wrote me a letter, that my ORIGINAL DEED IS LOST from their custody due to an accident caused.

I filed a case against them at DISTRICT CONSUMER FORUM – BARASAT ( NORTH 24 Pgns.) WEST BENGAL at December 2010 but, the Judge dismissed it at Jan.2012 showing reason that I am not in a position to ask for my Original Deed because I still did not paid the rest due amount to GIC.

Now, I had cleared all my dues to GIC - KOLKATA. Now what should I do ? Because the forum, I think, was playing with me by giving such an order after one year which only instruct me to pay the dues to GIC but nothing to GIC about my lost deed.

Can I claim compensation from GIC - KOLKATA ? Present value of my same property is 1500000/- . So how much should I can claim as compensation ?

Thanks with hope

Sudip Shome
Kolkata, West Bengal

ROHIT SHARMA (Expert) 21 August 2014
Dear Sudip Shome,

1. As i understand if you have received the orginals back after you have paid the dues then there is no grievance that you can raise before a consumer court. In case they have not returned the original then you can again file a fresh complaint and seek compensation for the deficiency in service and get an indemnity bind from the bank.

Raj Kumar Makkad (Expert) 21 August 2014
I am surprised how expert Rohit has presumed that the original documents have been returned to the querist. He is clearly saying that his originals have been lost as informed by GIC and consumer fora dismissed his complaint on the ground that entire loan amount has still not been paid.

Now when you have cleared the dues, you need to file a consumer complaint seeking due compensation.

ADV-JEEVAN PATIL, MUMBAI (Expert) 22 August 2014
It appears there is misinformation. Forum observation that he has not paid loan fully nor fulfillef his part of obligstion n hence dismissed his complaint. Keep letter recd by GIC safe. On completing loan fully demand documens again n then take up the issue. Hope clear

T. Kalaiselvan, Advocate (Expert) 25 August 2014
After complying the orders of consumer forum, i.e., after paying the balance amount due to GIC, did you again demand for the original deed? if so, what was the reply?, if they insisted that the deed was lost, you have a good case against them before the same consumer forum, consult your lawyer and go ahead.

Raj Kumar Makkad (Expert) 26 August 2014
As GIC had already intimated that the documents have been lost, there is no sense to again demand for the same documents and thus a fresh cause of action has automatically accrued to the querist as per observation of consumer fora hence he is required to avail this opportunity accordingly.

Sudip Shome (Querist) 01 September 2014
Yes, I had cleared all my dues to GIC and I had gave a letter on 04/08/14 claiming my original deed which I want for a mortgage loan from bank because no banks agreed to give me the same loan against the certified or true copy that GIC had given me, of the same deed. But GIC never respond yet.

Raj Kumar Makkad (Expert) 01 September 2014
You have got fresh cause of action to file the consumer complaint.

Sudip Shome (Querist) 01 September 2014
Thanks Sir ............but is there any chance to win the case ?

T. Kalaiselvan, Advocate (Expert) 05 September 2014
You are welcome. This is a fit case for consumer forum, the court's order has to be obeyed by anyone and being a genuine case, you have all the chances to win.

Raj Kumar Makkad (Expert) 05 September 2014
The chances of success are better so move ahead.

Sudip Shome (Querist) 17 October 2014
About the same, Is it good to file a fresh case at the state forum since it has been previously dismissed at the district forum ?..........AND if I file a fresh case against GIC, do I have to mention the previous case at the case history of state forum?

ROHIT SHARMA (Expert) 17 October 2014
Dear Mr. Sudip Shome,

1. Revising your original query it is mentioned by you that after the consumer court had dismissed your complaint on the grounds that since you had not repaid the complete amount of the loan such consumer forum would not be able to secure to have your original property title documents returned.

2. Further, later when you have paid up the complete loan amount then in that case whether the original property title document were returned back to you or not ?

3. If not then you can instead of again approaching the consumer forum file a civil suit u/s 19 of the Civil Procedure code seeking compensation as by way of liquidated damages for the civil wrong actionable per-se of negligence of failure of having not been able to take and maintain an essential standard of care to secure your moveable valuable security property title documents from being wasted accidentally.

4. If need be for further discussion you can get my contact details by clicking my name shown in the L.H.S. margin of this reply format.

Gic housing finance ltd., kolkata office, lost my original deed

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