• HDFC Ltd failed to provide a copy of my documents

Hi Sir,

I'm residing in Bangalore and have availed a home loan from HDFC LTD of rupees 38lac and top up loan of 5lac. I have given the documents and agreement copy for 5lac rupees top up loan only but i was not given any documentation or agreement for the 38lac loan. I was told it will be reaching me by courier in 15 days. But that never happened and i reached the hdfc limited where my loan was sanctioned, they kept promising it will come and mean while i was advised to request for duplicate copy from the bank, accordingly I placed a request for duplicate copy and paid the fee as well, its been more than a year and i've been following up with them actively but they just ask sorry for inconvenience and respond saying we will dispatch your documents soon. I have all the proof for paying the fee and the bank making false promises to dispatch my documents. I doubt that bank has lost my property so they just dragging the process, so Im seeking a help on how to take tbis forward how to get my documents or can I sue HDFC Limited for this?
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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11 Answers

1) issue legal notice to HDFC to hand over copy of loan documents signed by you

2) mention that a year has elapsed but till date documents not handed over inspite of repeated reminders

3) if no response received file complaint before consumer forum and seek orders to direct bank to hand over loan documents

4) also seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

There are several similar cases like this. The option is you have to lodge a complaint with Banking Ombudsman and get issue a legal notice. A similar notice issued earlier is as follows:

========================================================================================

BY RPAD

Date: 08.05.2018

To

1. The Managing Director,

The Jammu & Kashmir Bank Ltd.,

Head Quarters,

M.A. ROAD,

SRINAGAR - 190001.

2. The Manager,

The Jammu & Kashmir Bank Ltd.,

Infantry Road Branch,

Bengaluru – 560001

Under instructions from my client xxxxxx. My client informs me that M/s. S.A. Rawther Spices Private Limited has availed loan for their business from your Bank and as Security for repayment of the said loan my client had mortgaged immovable properties belonging to her the details of which are as under:

Sl. No. Particulars of the property mortgaged earlier

01. Equitable mortgage of shopping complex at No.43/L, 3rd Cross, APMC Yard, Yeshwanthpur, Bengaluru standing in the name of Anish Mohammed Rawther and Smt. Sheena Syed valued at Rs. 6.97 crores by M/s. H. Jayasurya & Associate (Banks approved valuer) as per VR dated 03.03.2016

02. Equitable mortgage of Industrial property comprising of land, building and machinery at Survey No.70 and 71/1m Shivaganga Road, Gorur Village, Solur Hobli, Magadi Taluk, Bengaluru District standing in the name of Smt. Sheena Syed valued at Rs. 13.56 Crore by M/s. H. Jayasurya & Associate as per VR dated 03.03.2016

03. Land of 4.75 Acres (standing in the name of Smt. Sheena Syed out of 21.78 acres of industrial land held as equitable mortgage standing in the name of Mr. Anish Mohammed Rawther & Smt. Sheena Syed adjacent to the company’s factory unit at Pydeti Village in Hindupur in Andhra Pradesh.

After the death of my client’s father Syed Rawther, who was the Managing Director of the said Company, my client requested the other Directors of the company to get her property released from the mortgage and to handover her property documents to my client. Accordingly, my client came to know that the Company has offered alternative immovable properties in order to get my client’s above mentioned three items of immovable properties released from the Equitable Mortgage made to your Bank.

The Company has furnished my client a copy of your permission to release the above mentioned documents as referred herein above and the details of the alternatives fresh properties offered by the company for Equitable Mortgage in lieu in the above three items of immovable properties are as under:

Sl. No. Particulars of alternative fresh properties offered as Equitable Mortgage in lieu of the immovable properties as narrated above to be released from the Equitable Mortgage.

01. Mortgage of Redeemed Sagu land measuring 10.00 acres in Sy.Nos.529/3, Kula No.401/A standing in the name of Mr. Anish Mohammed Rawther situated at Kedamullure Village, VirajpetNad, South Kogadu.

02. Mortgage of Redeemed Sagu land (Jaga) measuring 10.00 Acres in Sy.Nos.529/4 Kula No.402 known as BabbiraduMalai standing in the name of Mr. Anish Mohammed Rawther situated at Kedamullure Village, VirajpetNad, South Kogadu.

03. Mortgage of 24.50 Acres of Redeemed Sagu land measuring 11.50 acres in Sy.No.529/5 and 13.00 Acres in Sy.No.529/1 standing in the name of Mr. Anish Mohammed Rawther situated at Kedamullure Village, VirajpetNad, South Kogadu.

In view of the Company offering alternative and fresh immovable properties in lieu of the three items of immovable properties as narrated first above, my client is entitled for release of all the documents in respect of the three items of the properties mentioned in the first table hereinabove forthwith which are standing in her name. My client further informs that she has also communicated to your Bank in this regard to your Bank through e-mail earlier but so far the Bank has not returned the documents so far.

My client constantly and persistently approaching you through various modes to get back the title deeds but in vain. At last she got issued her legal notice dated 09.10.2017 but you have not responded the said legal notice. Even after that she approached you in person and you addressee No.2 promise to return the same in due course of time. You addressee No.2 made WattsApp messages, SMS messages and contacted my client in above matter with false assurances and with bad eye on the said properties. Thus my client made to represent before registered office at Srinagar by sending a copy of legal notice dated 09.10.2017, instead of taking severe action against the Branch Office at Bengaluru, the Head Quarters of the Bank that is addressee No.1 seems not taken any action in the matter.

Thus my client is put to mental harassment and also financial loss which cannot be compensated in terms of money. Through your high handedness kept custody of the said title deeds without any authority and thus prevented my client enjoying the property. It appears you are enriching yourself on the basis of said title deeds by mortgaging or depositing the said title deeds with any other financial institutions thus might have enriched yourself financially. Viewing from any angle your no action in releasing the document goes to show your adamant, illegal and immoral attitude towards my client by which my client is put to loss both financially and socially. Her reputation in the society lowered due to non getting of title deeds from your Bank.

The Hon’ble Supreme Court come to the aid of Bank customer when such situation arise. Even Banking Ombudsman comes to the aid of the Bank customer in such situations. My client is in a hurry to approach such authorities and also would like to approach Social Channels to redress her grievance, however at my advise she is temporarily prevented from taking such steps which bring disrepute your Banking Institution in the society. For the above said bonafide reasons as my client denied her legal right to get back the legal title documents, you are advised finally through this legal notice to return the said legal documents within 7 days on receipt of this legal notice, accordingly, you are hereby called upon to release the original documents in respect of the properties belonging my client, as narrated in the first table above within 7 days from the date of receipt of this notice failing which, I have definite instructions from my client to initiate legal action before the appropriate competent court of law to get the documents released to my client, which please note.

The cost of this notice is Rs. 25,000/-.

Your faithfully,

(XXXXXX)

Signature of my client

(XXXXX)

To

The Banking Ombudsman

No.10, 2nd Floor,

RBI Regional Office,

Nrupatunga Road,

Bangalore – 560001.

Ph: 22275629

To

The Managing Director,

The Jammu & Kashmir Bank Ltd.,

Head Quarters,

M.A. ROAD,

SRINAGAR - 190001.

To

The Manager,

The Jammu & Kashmir Bank Ltd.,

Infantry Road Branch,

Bengaluru – 560001

To

XXXXXXX

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You can sue fr the same.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

1. Send legal notice to bank

2. If no response within 30 days then take up matter with banking ombudsman

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Have you made the requests to the bank in this regard by a written communication, do you have a copy of that and an acknowledgment by the bank for receiving it?

You may send a legal notice demanding yor requirements.

If the bank is not responding to it properly then you may drag it to the consumer forum seeking the relief as well as compensation for the mental agony caused by them in this regard.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

since I'm still paying my loan EMI and should continue to pay my EMI. Sending them a notice for not providing loan documents will it affect me in any ways? If not I'm ok to issue them a notice and I'm also looking to know if its worth and what is the cost of compansation i should be seeking?

The loan is a different subject to that of your current requirement.

You are in need of your loan documents which you are supposed to have until you will not be able to legally fight against the discrimination found out at a later stage.

The compensation aspect should be decided by you according to your prudence.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Sending legal notice would not affect your case

2) you have paid instalments on time and have not defaulted in payment

3) court would award you nominal compensation

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Issue them legal noitce to provide loan agreement, failure to do so, stop paying EMIs. you will not be at fault and no repercussion if any legal action proceeded by bank.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can send a legal notice to the bank asking them to hand over the loan documents enclosing all the communication between you and the bank within 15 days from the date of receipt of the legal notice. If they fail to adhere, you can file a complaint with the banking ombudsman as well as in Consumer forum against the bank to provide the said documents and damages to be awarded to you.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

If you need answers then it is best advised to issue a legal notice threatening to sue H.D.F.C over their deficiency in providing services to you under the above circumstances.

Only if you default in payment of your EMI's will the bank bounce back against you. In this case, you are not a defaulter of the loans, hence no need to fear for any backlashes or counter actions from the bank.

Decide on the compensation after you send out the legal notice and before you file the complaint against the bank.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

You can send them legal notice and later can file Consumer Complaint for deficiency of service.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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