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Wasim   04 January 2019

Property documents misplaced by bank

Hello Sir/Madam,

I would like Your expert advice/suggestions for my problem below:
I have sold a property on which there was a mortgage and registration with purchaser has been completed for the same, the purchaser wanted to balance transfer and when we reached out to the bank they are unable to trace my property documents. They are searching but I am kind of sure they will not be able to find. The bank said they will give below documents in case they are unable to trace the documents:

Certified copies of chain document
FIR
News paper publications
No Claim Certificate from advocate
Covering letter

So far they have not mentioned anything about Indemnity Bond.

Based on the sell of the first property I have paid token amount to a third party for purchasing the new property and since my first property documents are misplaced the bank is not releasing the final payment and I am unable to pay the rest of the amount for new property to be purchased.

Now my questions are as below:
1. In case the first property that I am selling, the bank does not provide loan (even on certified copies) and I have to return back the amount I received as well as other charges demanded by the purchaser like Agent commissions, registration charges etc. Will the bank that lost my documents compensate me for the loss?
2. Also the token I paid for purchasing new property and if that seller does not return me back my token amount,Will the bank that lost my documents compensate me for the loss?
3. In addition for loss of original documents and reduction in fair value price of the property in open market will the bank compensate for it as well?

Please note that the bank had requested for 15 working days of time to search for the documents and the time is approaching soon, in the meanwhile I have also sent a legal notice to the bank for giving my original documents and the potential losses that bank would have to pay.
Shall I complaint now in NHB?
Shall I approach to consumer court?

Hoping to hear back from You all.

Best regards,



Learning

 3 Replies

Kumar Doab (FIN)     09 January 2019

Has lender accepted in writing that original documents are lost?

IT is serious lapse on part of bank and consumer/customer can approach courts of law  for a  relief.

Kumar Doab (FIN)     09 January 2019

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Consumer/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Consumer/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Consumer/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

 You can also check details and citations at;

www[dot]confonet[dot]nic[dot]in

 

 

The lender may have to arraneg to Reconstruct the documents and pat compensation..

Sudhir Kumar, Advocate (Advocate)     28 October 2019

Not understood how they will help

 "elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc"

 


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