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Manan   18 December 2019

Lost 2 pages of original sale deed

Hi, I had applied for home loan balance transfer. My old bank lost 2 pages of original sale deed. When I asked them, they say we are checking with our legal team. My new bank is asking for original documents. But my old bank is taking time and new bank will apply penalty charges for late submission of documents. I have complaint copy submitted to old bank. Please advise what else should be done.


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 13 Replies

Shashi Dhara   19 December 2019

Issue legal notice thru Dvocate .

Manan   19 December 2019

Hi, Should I lodge a FIR against them?

Shashi Dhara   19 December 2019

First issue legal notice to them wait for their reply what they tell. Afterwards take your advocates opinion to file civil or criminal suit against them for damages.

Manan   19 December 2019

Sure I'll do that. Thank you

G.L.N. Prasad (Retired employee.)     19 December 2019

Issue notice under CP Act to your banker for deficiency of service in not returned original document deposited and demand damages of Rs.1 lakh, after service inform the fact in writing to second banker enclosing a copy of the notice, service proof and with a certified copy with update of EC and request the banker that the second banker promised to lend after take over from the main bank, and there is no lapse on the part of the borrower, and it is not legally proper to penalize the borrower for no fault of his.  Wait for a month and file a consumer complaint in the District Consumer forum.    The document is lost at first bank and they are under obligation to make a complaint and correct the mistake legally.  The costs in the forum may not exceed Rs.500/- if you complain as a party in person and you will certainly get a compensation of Rs.1 lakh minimum within 6 months.--*

Real Soul.... (LEGAL)     19 December 2019

Meanwhile apply for certified copy of sale deed from the registrar where the deed was registered.

Manan   19 December 2019

Thank you sir. Please advise how can I issue notice via CP act?

G.L.N. Prasad (Retired employee.)     19 December 2019

Notice dt.19th Dec 2019 under CP Act.

 

To

Branch Manager,

..................Bank,

.........................

 

I,.........................................s/o............................aged......years residing at...............................(herein referred as complainant) issue notice as under.

 

1. This Complainant has availed housing loan No...............for Rs................and deposited Doc.No........................dt........................as security for repayment of the loan.

2. The Complainant has closed the loan on................................and the bank has returned the original title deed and it was pointed out that the last two pages of the original title deeds were found missing.  The complainant has given adequate time and opportunity to the banker for tracing the lost pages.

3. The complainant has availed another loan at...........................Bank .............Branch and the bank has accepted the property as security, and insisted for depositing of title deed with them and refused to accept the title deed with the last two pages missing.

4. The has made several efforts with the bank but the bank failed to trace the original two pages and this resulted in harassment of complainant and also penal interest on the complainant by..................bank for failure to deposit original title deeds.

5. As there is deficiency of service on part of the bank resulting in huge loss to complainant and harassment, the complainant herein demands for immediate tracing of the lost two pages of title deed no........................dt..................within 15 days, failing which the complaint will be reluctantly constrained to file complaint through various forums for damages, harassment to a tune of Rs.5 lakhs in addition to costs, etc.

Please take notice and inform the action so far initiated for tracing the complaint and also lodge police complaint and provide copy of such FIR as the document was missing at Bank enabling the complainant to submit facts to the other bank that he is not complacent in providing the title deed and it is due to failure of the bank in returning the document, there was delay on his part.

 

Complainant.

Manan   19 December 2019

Thank you sir for letter. I should send this via post, correct?

G.L.N. Prasad (Retired employee.)     19 December 2019

Regd ack due, and mail a copy of the letter to the branch higher office (Regional Office).  Also, send by email.

Shashi Dhara   19 December 2019

Thru registered post with acknlwdegement .keep notice copy and their reply notice if they serve.

G.L.N. Prasad (Retired employee.)     19 December 2019

Also, search in google as there were many earlier judgments giving compensation to borrowers in such cases, down load those judgments and keep a copy.

Search with key words: ' Loss of title deeds by banks, negligence and deficiency of services by Bank under CP Act.

HIRAL THAKKAR (ADVOCATE )     24 December 2019

Inform your bank to file missing report if the same is not traceable. also you need to publish public notice.

 

 


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