• My property papers misplaced by SBI

I took loan from SBI for my house in 2013 of Rs 50Lacs for a total property value of Rs 75Lacs. When I tried to close by housing loan in 2017, I came to know that the bank has misplaced an original set of property papers (out of two chain documents, they have lost one). They have not provided me in writing, however, they have filed an FIR with a local police station and has provided an advertisement in local news papers and procured a duplicate set of the lost document from registrar office. I spoke to some brokers who informed me that it will be difficult for you to sell the property without original document as buyers become suspicious with duplicate property documents. Is there any way I can sue the bank and recover my original documents for the loss? 

How to sue the bank legally and get compensation, if they fail to return my original documents?
What would be the charges that I need to bear and what amount of claim I can get for the loss from SBI?
What is the detailed legal process and how time consuming is the process?
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

1. you can claim damages from the bank by filing a suit. But that is a long procedure and outcome is uncertain

2. you can simply take an affidavit from an authorised person of the bank in which he has to state how the original was lost by the bank and what steps bank took for the same. The FIR and public notice can be attached to this affidavit.

3. also include in that affidavit a declaration by the bank that if they trace the original they will immediately return it to you or to any purchaser to whom the flat may be sold 

4. first write a request letter to the bank to provide such an affidavit

5. if bank refuses then you can file a suit as a last resort and claim damages 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

The bank has misplaced the papers which it many a times does but that does not mean that the papers which would now be made are false or suspicious. The bank would put a note of endorsement upon the papers that these are in place of the original as the original were lost.

A case must be filed in the state consumer redressal forum for the harassment.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) you can file complaint against bank before consumer forum and seek compensation for loss of original documents 

 

2) legal fees vary depending upon lawyer engaged by you 

 

3) you can claim litigation costs 

 

4) case would take around 2 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) You can make complaints in the Consumer Forum and in RBI office too against bank this misleading transaction. And ask the compensation from them and at the time of selling the flat ask them to provide home to buyer.

 

That you're burden of proof can be transfer on bank's shoulder.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can approach to the state consumer dispute redressal commission and complaint about the loss of document by the SBI you can claim the compensation for the loss of documents from the SBI and the claim for mental agony during this period the amount of claim should be more than 20 lacs to entertain the complaint petition in state consumer dispute redressal Commission.

You can file a civil petition in the court to order for issue of duplicate set up documents by the registration office and after the court order you can get the documents from the registrar as a duplicate copy certified by the registrar

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

you can file a consumer case seeking damages with them but before send a legal notice to the bank through an advocate. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Client,

Bank is liable to pay for loss of documents taken against loan through consumer complain.Loss of title deed would affect the value of property. Compensation up to 5 lacs with interest. Same relief granted by national commissioner in one such case.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

  1. You can file a suit before the civil court under specific relief act, for recovery of your original documents against the bank; or, 
  2. You can move the consumer Court against the bank, for misplacing your documents and seek compensation. 
  3. In both options, you stand to get damages (compensation). However the first option will be too time consuming. 
  4. I'm based in Mumbai/ Navi Mumbai and I gather you too are. Your number is not shown to me here so kindly leave your number in feedback so that I can assist you as your lawyer. My number if I share here in English gets deleted. Hence, 
  5. [deleted] (nine eight two zero eight nine seven eight eight four). 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1. It is not uncommon that Banks loose the title dees of the mortgaged properties.

 

2. You should not have problem in selling your peoperty, if you can prove that the Bank has lost the said title deed or the chain deed.

 

3. Collect the letter acknowledging the loss of the said document and also teh copy of the FIR and paper publication lodged/issued by the Bank to substantiate your claim before your future buyer.

 

4. Of course you can sue the Bank for damages but it will take years to be disposed off by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

hello,

 

See sir of the documents have been lost then no one can give you the original. 

Yes you can file the case in the consumer forum and claim compensation for the same. 

Also, after filing the case you may convince the buyer that the papers have been misplaced by the bank and for which you have also filed the case against the bank. 

 

Regardds 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You first of all discharge the entire loan and demand the return of all your documents deposited with the bank related to the property.

Let them give it in writing that they have lost or misplaced the same, if it is not acceptable then you may file a case before consumer forum demanding the relief and also compensation for the mental agony you suffered.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can file a consumer complaint against the bank and claim damages for mental agony and loss.of revenue and deficiency of service.

You can issue legal notice to SBI to.pay you compensation for same if they fail file a consumer complaint claiming compensation.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

You can get issue a legal notice and file consumer case claiming compensation equal to property value apart from property value and convey to the bank that you no more require that property and ask it to sell the property  in public auction and pay the same to you along with compensation.  If bankers sell the property the public will purchase without suspicion but if you try to sell that property people ask you so many questions as said by brokers.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You can file a consumer complaint for deficiency of service. You can also tell the bank to execute indemnity bond for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer