• Original allotment letter lost by IIFL Housing Finance

I had taken home loan from IIFL Housing Finance which I now want to get transferred to some other bank. But not when I am asking them to provide to List of documents (LOD) submitted, they are not mentioning original allotment letter in it.
Without original allotment letter the loan cannot get transferred. Please advice.

Since my current loan provider is charging my higher interest rates and on top of that it seems they have misplaced the original documents. Please advice the options I have.
Asked 7 years ago in Property Law
Religion: Hindu

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11 Answers

Hi,

If IIFL Housing is not providing you the original allotment letter you may write to the asking for the same and in case of no response/reply, please write to banking ombudsman in your area and copy to the IIFL housing for the same.

Allotment letter copy( Duplicate) dully certified may be asked from the developer as well citing the reply from the IIFL.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Hello,

Ask the IIFl through a letter to provide you a certified duplicate copy of the allotment letter, if they are not replying to the same write a letter to the banking ombudsman.

Also, you may ask the builder to provide you with the copy of a certified allotment letter.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Hi , it is advised to send the bank a notice asking for the allotment Leyte and your intention to transfer the loan from a different organisation .if the bank officials refuse to handover to you intentionally , then you can proceed before consumer court for relief .. If they specify that they have misplaced or lost the document , you can lodge a FIR of the lost of document, so that builder can make a fresh allotment letter on the bases of FIR

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1) IIFL should lodge FIR about loss of original documents if it has lost original documents

2) you must have receipt of deposit of original allotment letter

3) you should be compensated for loss of original allotment letter

4) file complaint before consumer forum against IIFL and seek compensation

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

Get it in writing from these people that they've misplaced your original property papers. Lodge a missing report on the basis of their undertaking. Thereupon apply for a certified copy of the original papers. They'll be as good as originals.

For the negligence of IIFL, you may take a legal action against them.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1. Since the original allotment letter was submitted to IIFL it was bound to preserve it in its safe custody and return the same to you on fulfillment of your contractual obligations. The act of IIFL amounts to deficiency in service, which is actionable through complaint case for compensation before the District Consumer Forum.

2. Serve a lawyer's notice to IIFL to seek the return of allotment letter, and then on the basis of its reply you may apply to the builder to give you a copy of the allotment letter.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1. An endorsement coupled with an affidavit due notarized may be taken from IIFL Housing Finance to the effect that the original allotment letter was misplaced and or stolen.

2. On the basis of such endorsement a complaint may be lodged with the police get an FIR.

3. On the basis of such FIR a duplicate copy of allotment letter may be obtained from the concerned. Such documentation may be produced before the subsequent bank, who will accept such documentation and grant house loan to you. If need arise you may execute an indemnity bond in favor of bankers stating that you are ready to re reimburse any loss which the bank may incurred in future.

Kishan Dutt Kalaskar
Advocate, Bangalore
6179 Answers
490 Consultations

1. Send a letter to the Branch Manager of the Bank asking for the copy of the said allotment letter sending a copy there of the the Regional Manager and also the Head Office

2 Mark the copy to the Ombudsman of the said Bank duly writing all the names on each copies.

3. If you still do not get copy of the same then send a complaint letter to the ombudsman of the Bank marking a copy to the Chairman f th Bank.

4. You shall get copy of the said allotment letter now.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

Approach the Banking Ombudsman with all the grievances you have against the Bank.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Approach ombudsman for banking services deficiency or file in consumer foram

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

If you want to transfer the loan to some other financial institution, you may move for the same legally by sending a request first to the present institution, let them give a reply after which if it is not satisfied or they are not willing to cooperate or complying with the requirement, you can take legal steps by first issuing a legal notice and then follow it up through further legal process either by filing a consumer case or a suit in the civil court.

T Kalaiselvan
Advocate, Vellore
87008 Answers
2335 Consultations

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