Mr Swapan Datta

4 years ago

I have received a letter from IDBI Bank that due to a fire in their SDML the original sale deed submitted by me against Housing loan was burnt/damaged . The Bank is in the process of recreating the original sale deed and they will get in touch with me in this regard but so far I have received no communication from the Bank. I understand from their website that the fire happened 2 years ago but never bothered informing me which look as if Bank was intending to dupe me as the loan amount is in the later stage of completion. Can I claim compensation for mental harassment ? Does the Bank have responsibility to lodge a FIR or is it my responsibility. If Bank is recreating the Sale deed what is the tie limit to be given since even after 2 years they have not started the procedure yet. Kindly give your most suitable advise. Thanks & Regards.

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Dhrubaraj

Responded 4 years ago

A.In my opinion if the bank informed you that the original title document deposited by you with the bank has been burnt , then obtain an acknowledgement to the effect from the concerned bank in writing. And you should also insist that to the bank file a complaint with the police regarding the burnt of original title documents and provide the copy of the same.
Otherwise you can lodge a complaint to the police station .
Once you have filed the FIR, you will need to publish an advertisement in an English daily newspaper and in any regional newspaper about the loss of property documents.

Otherwise the you can also approach the banking ombudsman or consumer court to seek redressal.

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Chitra Sundar

Responded 4 years ago

A.Ideally the Bank should have informed you when the fire happened. Now that you have come to know of it later and it is seen that the Bank did not disclose it due to loan reason. You cannot put a cap on the duration to recreate a document, so you may also have to take steps to recover the document. firstly, lodge a complaint with the local police against the Bank for the suppression of fact regarding document. Next, issue a notice under the Consumer Protection Act. Then file a case before the CP forum claiming compensation.

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Sourav Ghosh

Responded 4 years ago

A.Hw do u come to knw that burnt happened 2yrs back.. . Make sure from the bank officials in writing or through any digital means that when your deed was lost?? ? Once it is lost, it cannot be originated.. Bt you should immediately lodge an FIR against those bank officials.. . U may contact me fr detailed discussion.. Adv Sourav Ghosh.

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