Link documents

Querist : Anonymous (Querist) 10 January 2012 This query is : Resolved
Hi, My mother has a 200 Sq.Yard land at hyderabad. it has been registered to her in 2002 april. prior to that it was in bank under hypothecation for loan which was cleared in 2002 and after that the land was registered under her name. now we have started construction in the land and when we approached the bank for loan they are asking for link documents which the bank did not return back. when we approached the bank for the document as is the custom they are clueless. as there has been a lot of change in the system and the softwares they are not in a position to find the documents. earlier when my mother was after them for the release of the documents they were making her move around and after a couple of years she was also vexed and stopped moving around. What is the way out for us to get loan based on this. Kindly guide us.

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sanjeev murthy desai (Expert) 10 January 2012
Your options

1. File a consumer case against bank or

2. File a complaint before the jurisdictional police station get the acknowledgement then you have to take paper publication

ajay sethi (Expert) 10 January 2012
when you had taken laon from bank and lodged doucments with bank you must have a letter that said documents have been received by bank .

if bank had not returned the documents in 2002 why did you not move the consumer forum for 10 years for deificency in services ?

issue legal notice to bank .contact a local lawyer

Deepak Nair (Expert) 10 January 2012
yes. best way is to consult a lawyer. many options are there for you in the present case.
But the only drawback is inaction on your part for 10 long years.

prabhakar singh (Expert) 10 January 2012
You have been sleeping for long 10 years may create a hurdle in your way other wise it is wrong that earlier bank did not return you title deeds even when loan was retired.It would be better if you get some how in writing from that they are searching the documents and shall be handing over soon so that a fresh cause of action emerges.
Meanwhile apply for certified copies of missing documents.

Devajyoti Barman (Expert) 10 January 2012
The Bank should grant loan on the basis of affidavit if the link document is not available.
You can apply for indemnity from the bank.

V R SHROFF (Expert) 10 January 2012
Rightly advised by Mr. Barman

The Bank should grant loan on the basis of affidavit if the link document is not available.+ indemnity bond

Querist : Anonymous (Querist) 12 January 2012
Dear All,
Thank You for the advice. We have approached the bank and ave said that we are going to put up a legal proceeding in case they are not in a position to return the documents.

They have agreed to provide a document saying that the documents are not traceable.

Kindly advise me how to move ahead here after.

Regards

prabhakar singh (Expert) 13 January 2012
Once you get that it becomes a cause of action to sue,file a consumer complaint case against them.
For loan purposes move as Mr.Barman has already stated.

Raj Kumar Makkad (Expert) 14 January 2012
Your immediate need is to get loan from bank which is not possible without obtaining the duplicate certified documents from the office of the registrar so better obtain the certificate of loss from concerned bank and then obtain those documents and loan accordingly.

You file consumer complaint only after obtaining the loan otherwise it shall your various years in litigation without any loan and thus heavy losses.

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