Non return of original Documents by Bank

This query is : Resolved 

06 July 2009

Dear All

We have paid total due amount to the Bank as per RBI one time settlement guidelines and also Bank has collected its legal expenses from us though RBI Guide lines do not allow such thing. We have obtained full and final settlement and No due certificate from the Bank on 30/04/2003.
Our valuable property was pledged as security with the bank. Till today the Bank has not returned the original documents to us thought we have met them several times and also written several registered letters to the Bank and its DGM Office.

In Oct 2008 we have filed a compliant with the banking Ombudsman and now the bank says they will procure certified copies of the documents and give us since the Court has destroyed the original documents in Feb 2008 and they have a docket order from the court to that affect.
Please advise us the next course of action to be taken up on the Bank including filing of Criminal Case and as well as claiming compensation etc. Also let me know the procedure followed by the court while destroying the documents.

Please quote some use full judgments and useful reference books on this issue.


Y V Vishweshwar Rao (Expert)
06 July 2009

The Bank Will file the original documents in the Court along with the suit for enforcement of the sale of the mortgaged proerty , preliminary decree will be passed with a direction to Mortgagor/defendnat to pay the mortgage due amount with in six months from the date of Preliminary decree , and on such payment by mortgagor the title deeds shall be delivered to the Mortgagor/ defendnat , if not paid the Bank/Mortgagee is entitled for Final decree for sale of proerty

The Title Deeds will be marked as Exhibits in the suit trial proceedigns.
The Documentary evidence (including Marked Title deeds/documents) will be treated as Part III of the Suit records and Part III of the suit records will be destoryed after three years from the date of Decree( if there is no appeal pending )

Once the the Preliminary mortgage decree is passed , as per the decree the Title deeds to be delivered by the Court to the Mortgaogr on his payment of Mortgage money , on his application , otherwise the Final decree will be passed for sale of the mortgaged proerty and in Execution and after sale of the Morgaged proerty , the Title deeds shall be delivered to the auction purchaser from the court records.

If the Original Title deeds(part III of suit records) are destroyed by the Court , as per Civil Courts Act & Rules, and as per procedure , the things are not with in the Control of the Bank .

The dates of Decree/s , OTS Payment date and date of destruction of records , to be considered , in these cases !

MANISH (Expert)
16 July 2009

Dear friend,
the easiest option is to file a criminal complaint before the local police authorities, whether they lodge FIR or not.
second thing is to file a suit for injunction before the concerned court.
Third option is, you may go to High Court to file a writ, and in that you may ask from the court to direct the RBI to cancel the recognition of bank, for playing such kind of malpractices.

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