Not returned my share certificates since last 4 years.
Gd afternoon. I need kind advise from learned advocates;
1. Me and my wife promoter director of a Pvt Ltd Co. - MSME registered.
2.We purchased one flat at Noida in the year 2015 taking loan from dewan housing. While taking loan, my company also made party no;3.
3.After one year LICHFL took over the said loan from dhfl in the year 2016, but they demanded 100% share certificates of our company as additional security, which we have pledged on good faith.
4.Due to family reason, i sold the property to another party in the year 2019 and shifted to Kolkata. New buyer also took loan from lichfl-same Noida branch. Accordingly all my loan amount is foreclosed, then only said property got registered in favour of new owner during Feb 2019.
BUT LICHFL DID NOT RETURNED US THE SHARE CERTIFICATES TILL DATE. In between, I have send several communication to LICHFL-NOIDA.
5. As per lichfl website redressal mechanism, I have lodged stage 1, stage 2 complaint with LICHFL. Then Stage-3 complaint with CEO-MD LICHFL.
6.As no reply, so finally I have lodged complaint with National housing bank as stage-4 complaint. alongwith my claim against accumulated losses I have incurred during last four years.
7.LICHFL expressed their regret for such long delay to return my share certificates, and have confirms that they locate all share certificates and and have send an email advising me to give an undertaking that they will send all these share certificates to Kolkata provided I give them an undertaking that during courier transit, if certificates are misplaced or lost, then I should not hold lichfl responsible for that. As, I think, this may be suicidal for me so I refused to send any such undertaking.
8.Since, I am 66 yrs old besides having acute finance crisis, I can not go to Noida to collect above certificates in person. BUT I NEED THESE CERTIFICATES TO RAISE FUND FROM BANK FOR MY COMPANY OPERATION.
Kindly guide me with your expert opinion with specific RBI code or CPC etc.
With wrm rgds.