ARJUN LAHIRI 31 March 2018

Original sale deed lost by loan issuing bank

I had taken Home Loan from SBI in 2008. I repaid the same and received the NOC from branch in Feb-18. However, when I went to collect my original papers from RACPC, Janakpuri, New Delhi, in Mar-18 they could not find/ locate my original Sale Deed in their custody. The AGM of the office has assured us that he will look into it and requested for time till 1st week of Apr-18. I have formally documented this and sent to him. There is a small background/ history to the same issue. Sometime in Jun-16, while on a visit to SBI, RACPC, Sansad Mar, New Delhi (to enquire about possibility of reducing interest rate) I wanted to check, out of curiosity, whether all my documents are in place (as I was contemplating to close my Loan A/c by prepaying the balance in the near future). To my utter surprise they couldn't locate the same document. I did a sustained follow-up with my loan issuing branch & RACPC (and also sought help from DGM, Customer Care) and I was told that the papers have been found. I requested them to respond to my numerous letters/ communication & confirm what they verbally told over phone. When they didn't, I documented all the facts and submitted to them with a closing statement that I was considering that the issue was resolved (this was sometime in Dec-16). I never got a formal response back from them. Need advise on what I should do now. I am really really worried.

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9 Replies

TGK REDDI 31 March 2018

The Bank should apply for a Certified Copy of the Sale Deed and furnish you with it. If you don't mind the expenses, you too can apply for a Certified Copy. You needn't give any reason for applying for a Certified Copy.

Adv. Yogesh Pawar (Advocate) 31 March 2018

You will get certified copies from the registration office by paying their nominal fees. But for getting certified copies you should know your document number.

ARJUN LAHIRI 31 March 2018

Tnx for the prompt responses. My understanding is Certified True copies may not be acceptable to any future buyer (should I decide to sale the property at a future date).

Suri.Sravan Kumar (senior) 31 March 2018

file case before consumer forum for deficiency of service against the Bank.

TGK REDDI 31 March 2018

Certified Copy is as good as the Original in all respects.

T.SRINIVASULU 31 March 2018

U have to give complaint to police of bank concerned area, after that u have make a public notice in newspaper, after due enquiry by police they will give certificate which shall be attested by concerned area Registrar, the same may be submitted in police station after that police will give u a certificate which will be kept by u along with certified copy of document otherwise buyer will not buy ur property. U can also initiate legal action against bank. further u need any clarification reach me srinivasulutha@gmail.com

T.SRINIVASULU 31 March 2018

RAJAGANAPATHY (ADVOCATE) 31 March 2018

A certified copy will not take the place of original sale deed. An original deed is a security entrusted to the bank and the bank is in fiduciary capacity. If it lost the deed or not bothered to return it bank committed criminal breach of trust. A private complaint or police complaint can be lodged to prosecute the bank officials. Next, a consumer complaint can be lodged to claim compensation depends upon value of the property. Rajaganapathy Advocate.