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kav (student)     14 November 2014

Sale deed lost by the band

Dear Sir/Madam

     I had purchased a flat at hyderabad after taking housing loan of Rs. 6,30,000/- from ICICI bank. I have repaid the entire loan amount to ICICI bank. Now the bank says that my sale deed is missing. I think lost of sale deed will create a lot of problems in selling the flat. How and what action I can take against bank? If I file a case in consumer court for compensation how much time it will take? The bank says that they will take steps to create a duplicate copy? Should I file a case in consumer court immediately or wait for bank to create a duplicate copy of sale deed and after getting the sale deed file a case in the consumer court for compensation? 

Thanks for your advice

BR Varma

  



Learning

 2 Replies

Dalip Singh (Advocate)     14 November 2014

The certified copy can be obtained from the Sub Registrar office where the sale deed was registered if you have the registration details mentioned on the back page of the deed.  So, if you have details apply  yourself for the certify copy with the sub registrar concerned.  Secondly, write a letter to the bank requesting them to lodge FIR for misplacement of the Sale deed and give public notice  in Two leading Newspapers within 15 days by speed post or by hand and take the acknowledgement.  After 15 days file a complaint before the Consumer Court through a local lawyer claiming heavy compensation from ICICI.

T. Kalaiselvan, Advocate (Advocate)     15 November 2014

It is not your problem to guide the bank to follow the procedure for missing document.  If they do not return the original documents despite you demanding the same from them in writing, you insist them to give a reply in writing on receipt of which you have to issue a lawyer's notice to the bank to return the original documents with a copy endorsed to the head office of the bank, after which you have two remedies , i.e., either to approach the Banking ombudsman for relief or court of law.  The bank has a panel of lawyers,bank will seek their advise on further course of action on such subjects, you don't  have to tutor the bank about the procedure to be followed on this.


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