Civil Procedure Code (CPC)

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Ashok Kumar (Employee)     04 November 2015

Bank is not handing over my flat original sale deed

Hello Experts,

    I had a home loan with a private bank, last year (Nov-2014) I paid the complete loan due amount and closed my home loan.

Bank has handed over the documents but they haven’t handed over my flat original sale deed document, these many months they are just pushing saying they are looking into it where it is misplaced.

 

It’s been a year, now they are asking for proof if I/Builder have submitted the original document during registration. If I understand it correctly no bank will give final DD to builder without taking over the original sale deed document. I also checked with Builder and he said Bank has not given any acknowledgment copy while receiving final DD.

I strongly feel they have misplaced this document and currently they are not even telling that they have lost the sale deed document, they also mentioning that they are not finding any entry in their records saying they received the original sale deed document after flat registration or while submitting final DD.

 

Currently I’m selling my flat and I need this document badly, can someone help me to understand below points:

  • What steps should I take further?
  • I/Builder do not have any proof saying original sale deed document was submitted to bank; do you think I need to approach consumer court?

Kindly guide me to drive this and resolve this at earliest.

Note: Currently I am not residing in India (Bangalore) to handle anything in person there; it has become real hard for me to handle this remotely.

Thanks in advance.

Regards,

Ashok



 8 Replies

Kumar Doab (FIN)     04 November 2015

The loan aplication would narrate the documents that are to be produced or it should be on the website of the bank as well.

If the bank has claimed that the original sale deed was not submitted then who in the bank waived this condition?

 

There was a similar query at LCI in one of the threads, involving M/s ICICI Bank and abnk claimed that the original document was sent to its central office in Mumbai and documents were damaged/destroyed in floods.....................and the cause is natural calamaity and bank is not responsible.

 

The original sale deed is to be provided by either builder to you or if the builder has deposited by builder then by bank to you.

 

Now you may have torely on witnesses and CCTV footage if that is available.

Of course you have to extract a written  statement from builder that it deposited with the bank.

Thereafter if required either you pull the bank, builder to DCDRF for rconstruction of the document and penalty/damages.

 

Consult an able counsel.

 

 

 

 

 

 

 

Ashok Kumar (Employee)     05 November 2015

Hi Kumar,

    Thank you very much for your response.

 

I was prepared to send a legal notice to the bank and lodge a consumer complaint, while in this process I was collecting all the required proofs and luckily I found one old email proof from 2014 in which bank stated the list of documents they have, and in that I see they mentioned about original sale deed present with them.

 

I have taken that attachment and sent to the bank, I spoke to the in-charge person today with this proof, and he said these details will be sent to concerned department to check further.

I am hoping at-least now they should resolve this issue, still my fingers are crossed, but also I’m bit relaxed as I have a solid proof from Bank which says they have this document.

 

Thanks,

Ashok

Adv. Yogen Kakade (+ 91 9225510883)     05 November 2015

Hi,

Try and get a letter from your bank mentioning that the Original Sale deed is misplaced. and avail a certified copy of the Sale deed from the records of the revenue department of your city.

Adv. Yogen Kakade

Pune

mail: juryconincorporation@gmail.com

www.juryconn.in 

Kumar Doab (FIN)     05 November 2015

The bank is deficient and deliquent on both counts; having made false statement for not having recived the original sale deed and having lost it.

 

Don't spare the bank and let the bank lodge FIR and reconstruct the document and comensate you too.

 

Since bank has recived but has lost you may not lodge FIR.

 

 

Babu Narayanan (Senior Manager(Legal))     07 November 2015

It is oberved that  you have availed housing loan from a bank and now you have cleared the loan in full , then Bank is bound to return the title deeds, As you have authorised the Bank to collect title deeds directly from  builder ,  Chances of not obtainging the title deed from builder is remote. Bank might have beemn misplaced .  You may approch Banking Ombudsman   which is attached  RBI & file complaint , your grivencve will be redressed immediately .

Ashok Kumar (Employee)     10 November 2015

I have submitted one solid proof to bank saying my original sale deed is with Bank, they have requested me to give sometime to confirm, I am waiting for their response.

Based on their reply I'm sure all your above expert advices will help to proceed further

 

Thanks,

Ashok

Ashok Kumar (Employee)     22 January 2016

Hello,

   After no response from the bank I escalated this issue to its head office and bank compliance officer.

They finally looked into this issue after 1.5 years of communications below is the final response I got from the bank

***************

"We write with reference to your home loan and at the outset apologies for the delay in responding from our end.

 We regret to inform you that the original sale deed is not traceable at our end. We request your consent to recreate the same and with the cost of the recreation borne by our bank.

We would like to reiterate that this was a rare instance and not an example of our services. We take great care to ensure that matters such as this are properly managed and promptly resolved

Kindly support with your approval at the earliest by replying and enable us to initiate the process.".

                            ***************

I have below questions to ask:

1. While I'm not in India I'm not sure what process I need to follow to get other copy of my flat registration document

2. Bank is saying they will bear the cost of this process and I'm not sure how much cost it will take to get another original copy of registration document

3.  As they played with me for 1.5 years can I sue them to take this much long time with worst response for their customers?

Any suggestions are  highly appreciated.

Thanks,

Ashok

Kumar Doab (FIN)     23 January 2016

I have already posted that the bank will have to recontruct the documents.

Contrary to the written statement made by the bank, the bank has not promptly resolved the matter, and has made a long and studied silence.

You seem to have a good case and your able able counsel may opine that you can approach BO,DCDRF,Civil court for damages.


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