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Madhan (Owner)     26 December 2012

Bank lost my property document

Hi,

We gave our house document to my uncle for security who applied loan for 5 laks in the year of 2007. Loan re payment period is for 5 years, In the year of 2008 bank lost our house document and failed to inform us. They themselved created a duplicate copy and placed in the record to avoid hassle during year end inspection. this year 2012 May month my uncle paid all the money and closed the loan account. They informing us after 4 years that house doc has been lost by previous manager. They gave a written statement as well with bank seal that they made a mistake.

My question is if apply for a compensation in court, how much amount I can expect? Will I get judgement favour for me? the total value of houe is 25 Laks. Please suggest me soon.  



Learning

 4 Replies

Goutam Prasad (Advocate)     26 December 2012

You can file complaint for being deficient in their services against the bank. Consumer court may grant you compensation.

Goutam Prasad

Advocate

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

Madhan (Owner)     26 December 2012

Thank you for yur response. If file a case on bank in consumer court, How much amount I should specify as my expectation? Loan amount taken 5 lakhs and house value is 25 laks. at max how much amount I can file? can u tell me approx please?

Vipin Kumar Marya (Advocate)     27 December 2012

Dear Madhan,

Ther are  things to bear in mind before fillin the case:

1. As you are not the borrower of the loan from bank thusa U r not a direct customer of bank, then you cannot file case directly before the C Forum, so it is better to file the case along with your Uncle or thru your Uncle.

2. First made a joint request with your Uncle to obtain the copy of FIR from the bank, which they might lodged for lost of paper.

3. The bank cannot take the dcertified duplicate paper from the Registrat's office as he is not the title owner of property unless you had given them the POA and property is duly mortgage in the record of the Registrar. If the scenerio is same as I discuss here , then lodge the complaint with Registrat office and also made him party in a case for damages and compensation before the Court along with the bank.

FYI

!!!! Dear Forum Experts Plz advise further  !!!!!!!

 

Vipin Kumar Marya (Advocate)     27 December 2012

Just to add to the above reply,

It is not tyhe question of the value of property but the matter of your absolute legal right in the property.

Banks is at fault as they had not informed you and the borrower.


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