• Bank delaying the handover of property documents after loan closure

Hi Sir,
I have a home loan with a financial institution which I closed recently. I closed the loan account by paying the balance principal amount to the bank and they mentioned a TAT period of 28 days for me to receive the property documents. Its almost 50 days and yet to receive my documents. I tried all the possible ways available to get my documents and my efforts are gone vain. In spite of making several visits to the bank,I'm yet to receive my documents. I have proofs in the form of mails about the false commitments given by the bank about the hand over of the documents.

Kindly requesting to help me with my following queries:
 1) What is the further action that I can take to get my documents at the earliest
 2) Can I get the bank to penalty for the mental agony and the losses incurred due to the delay.

Thanks in advance.
Anand Nethala
Asked 7 years ago in Civil Law

3 answers received in 10 minutes.

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13 Answers

1. You can serve a legal notice to bank to hand over the documents in 7 days from receipt of notice if they fails you can complain before the banking ombudsmen and can further file consumer complaint for deficiency of service and can claim compensation.

2. Yes you can through a consumer complaint firstly just give a notice.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) issue legal notice to bank to hand over your original documents within period of 7 days of receipt of notice 

 

2) if bank fails to return your documents file complaint before consumer forum and seek orders to direct bank to hand over your originals 

 

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

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

1. Send a legal notice demanding your documents, failing to comply or respond you may drag them to the consumer forum.

2. You can ask for the same through the consumer forum.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

1. Send a legal notice to them.

2. If you want penalty for mental agony then file a case in the consumer forum.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Banks generally take a while to return the original documents along with the No Objection Certificate. However, if your documents have not been returned in a very long time, you must visit the home branch and discuss about this delay.

In case you don’t get a positive response, you can also write to the higher officials informing them about the same.

You can send a legal notice through lawyer and file a Complaint in Consumer forum and claim compensation under Defeincy of service. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Client,

Complain to RBI while CC to bank. Also approach consumer forum for recovery of documents and compensation. There are chances where bank misplaced or lost the documents. In this case loss of the title deed would affect the value of the property. Deficiency in services and liable to pay compensation.

Send Legal Notice first for release of documents.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Send them a legal notice first and Approach banking ombudsman if not resolved file a consumer complaint before Consumer court.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1. If you have the evidence that you had depoosited the original documents for the said property, the NOC received from the bank for clearing the loan outstanding and also the commitments from the bank to return the said original property documents to you with in certian period which has lapsed, then you can file a Writ Petition before the High Court against the inaction of the Bank praying for a direction upon it to return the original documents within next 7 days and pay penalty for Rs.1 K per days delay for another 1 months delay and also Rs.10 K per days delay thereafter.

 

2. You can pray for the same in your W.P. to be filed before the High Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1) You can make complain in the consumer forum and plus in the RBI regarding Bank negligence. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You have to send a legal notice to the bank in this regard to provide you the documents of the property within 15 days from the date of receiving after not this otherwise they have to this possible for all the compensation and  legal charges.

After that you may approach today state Commission for consumer redressal which is known as the state consumer dispute redressal Commission and file a complaint in such a way that your claim should be more than 20 lacs by way of legal charges and compensation you can mention that you wanted to sell the property and you have lost the client because the bank has not the property documents well in time as per general procedure.

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Sir,

Get issue a legal notice and file a writ petition against the bank. You may get compensation.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Send under RTI act, ask for the status of your application for Documents. Surely they will release as soon as they gets RTI application. Any help required contacvt local lawyer.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

Dear Sir,

It being a big institution some times you have to wait for few months any way be nice with bank people and get your documents.  Alternatively you get issue a legal notice and threaten them to approach court for compensation in respect of mental trauma. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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