Our account was also transferred to a different Branch without intimating us. The property documents have also been sent to a different branch without intimating us and the branch also did not know about the whereabouts of the documents. Since the Bank has failed on all these accounts can we claim deficiency in service.
This action of bank is a gross deficiency in their services to the customers. The bank can be taken into task for this through consumer forum. For this you have to create a documentary evidence by sending a legal notice to the bank and make them receive it by sending the same by RPAD and secure the AD card if they do not reply.
This legal notice is to be issued on behalf of the legal heirs of your father.
The registered settlement deed no doubt has been made by your father after clearing the entire loan with the bank but how did he do it without the original title documents? If he has not received the title document from the bank even after fully discharging the entire loan amount, what action did he initiate to procure the same from the bank, whether he sent any communication to the bank, whether thy given any reply, do you have any evidence to support your claim, did he send any legal notice to the bank?
Whether you took any action to recover the original title document after getting the registered settlement deed executed in your favor?
The fault in your side is that without the bank re-assigning the property properly to the borrower after receiving entire loan amount with interest nor having accorded any permission by the bank to the borrower to transfer the property to a third party in the meantime as an interim measure, the transfer cannot be binding on the bank therefore as fr as the bank is concerned it can return the title documents to the title holder alone which may e the borrower or upon his death to his successors/legal heirs. But the bank has no excuse to the inordinate delay in returning the documents, they are answerable in the consumer forum for this deficiency in service to their customers.
Even now you can send a legal notice demanding the return of the original title documents held by them, make them to commit in writing the requirement of legal heirs to apply for it, then all the legal heirs can issue another legal notice seeking compensations for the deficiency in service as well as for the metal agony and subsequently file a consumer complaint case with the consumer forum.
When the property had already been transferred to my name before expiry of my father why should I get a legal heir certificate?
since the bank has not returned the title documents to the borrower after discharge of loan amount, it cannot return the title document to a third party, the legal heirs are the proper persons to receive them, because this transfer was not intimated properly to the bank by your father during his life time.
Or should I complain to the ombudsman only for return of the property documents and claim compensation from the consumer forum. Should this fact be intimated to the ombudsman.
Moving Banking Ombudsman with a complaint against the bank's atrocious act will help you to exhaust the remedy. The Ombudsman will not provide you any relief nor it will fetch you any benefit. They have their own restrictions and they may not be able to impose compensations due to their internal constraints.
You have remedy only with consumer forum, so decide about next course of action accordingly.