Gic- kolkata lost my original property deed and tells law can't do anything to them.
Sudip Shome
(Querist) 16 March 2012
This query is : Resolved
Today again few people came to my house from GIC, after though I paid them in full. They came for HARASSMENT and nothing else. They asked did I paid or not and went away.
Now, what and how much can I ask for compensation ? Which shall be legally correct.
adv. rajeev ( rajoo )
(Expert) 16 March 2012
If you are harrassed then file a complaint before the police, you cannot ask for compenaation.
Sudip Shome
(Querist) 16 March 2012
Respected Sir,
This is my original complain against GIC- KOLKATA.............I posted it as a separate query ,,,,,,,,,,,,,
This is for your information that as my original deed of my flat was with GIC Housing Finance Ltd., Kolkata Office, because for a housing loan taken against the same of an amt. 2,00,000/- ( Rupees Two Lacs only ). But, after refunding 1,50,000/- ( Rupees One lac Fifty Thousand Only ) with interest, the manager of GIC, wrote me a letter, that my ORIGINAL DEED IS LOST from their custody due to an accident caused.
I filed a case against them at DISTRICT CONSUMER FORUM – BARASAT ( NORTH 24 Pgns.) WEST BENGAL at December 2010 but, the Judge dismissed it at Jan.2012 showing reason that I am not in a position to ask for my Original Deed because I still did not paid the rest due amount to GIC.
Now, I had cleared yesterday all my dues to GIC - KOLKATA. Now what should I do ? Because the forum, I think, was playing with me by giving such an order after one year which only instruct me to pay the dues to GIC but nothing to GIC about my lost deed.
Can I claim compensation from GIC - KOLKATA ? If so then where should I complain again and how ?
Thanks with hope
Sudip Shome
Kolkata, West Bengal
Now please say,,,,,
What and how much can I ask for compensation ? Which shall be legally correct.
ESTHERPRIYA
(Expert) 17 March 2012
You have to get legal or advocates help to get out of this harassment.
Shonee Kapoor
(Expert) 17 March 2012
Better get some effective lawyer.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudip Shome
(Querist) 18 March 2012
One of my lawer had already ignored me becuse I am a teacher in profession and might not have the capability of paying fees. So, he dragged the same case with the help of the Judge of the forum up to one year time and produced this same case dismissal. So whom to rely on ? I am confused. Please tell me what should I do ?
Sudip.
Raj Kumar Makkad
(Expert) 19 March 2012
It is not an inability to get justice if one is a teacher and one year time in property matters in the present set up of the courts is not a long time but the grounds of your dismissal case are not known.
Anyway, despite of your grouse, you have no other option but to take the help of the legal experts for your case.
Sudip Shome
(Querist) 03 April 2012
Dear Sir,
Thank you very much for your response regarding my case against GIC - Kolkata. Now if I want to claim compensation from GIC then should I take all my existing documents and the NOC from GIC first and then file the same case for compensation ? or, Shall I first file the case for compensation and then ask for all those other existing documents still with them and the NOC off-course ?
from,
Sudeep Shome
Sudip Shome
(Querist) 07 June 2012
Dear Sir,
I Sudeep Shome had taken all my documents from GIC Housing Fin.Ltd. - KOLKATA, but I want to ask you that, due to some unavoidable circumstances can I now fight against GIC Housing Fin.Ltd. for compensation of my lost deed by myself only ? If I can then what will be the process.
Thanking you once more for your kind cooperation.
Yours Sincerely,
Sudeep
Sudip Shome
(Querist) 07 June 2012
Dear Sir,
GIC is telling that the same deed was lost due to an accident of the very person who was on the way returning from the registry office with the same deed.
So anything can happen in accident.
Then I told them that if anything had happened to me when I went to give them their rest due amount, would they excused my family from the loan repayment ?
Plz. tell me Am I correct or not ? So that I can fight myself.
Thanks,
Sudip
Sudip Shome
(Querist) 18 June 2012
Ok Sir. But GIC said that the original deed was lost due to an accident of the very person who was on the way returning from the registry office with the same deed . So my question is that when GIC put this SAME point at the court , WILL MY POINT STANDS THEN - FOR THE CLAIM FOR COMPENSATION ? Sudip
prabhakar singh
(Expert) 13 August 2012
Mr.Sudip!
Even when you have deposited all GIC(housing Fin)dues,you do not really have case of compensation against them for original sale deed lost by them.
Let it be clear in your mind that you shall plead that they were negligent in dealing with your deed so the same was loosed by them,which amounts to deficiency in there service.
Such claims in law are categorized as Civil Wrong of Tort to which legally a valid defense available to GIC defendant is that
it happened due to "INEVITABLE ACCIDENT" THAT WAS BEYOND ANY HUMAN CONTROL and this they are pleading in answer to your claim right since inception WHICH IS A LEGALLY RECOGNIZED PLEA.Hence Court shall refuse you to grant any compensation.
Yet I advise you to file the claim in forum
So that you may have a verdict about the loss of original deed while it was in the custody and control of your creditor GIC so that in future if you need to transact your
buyers may not get afraid about non custody of original.Also insist Court to pass at least this order that GIC should get the fact of loss of original deed while it was in their custody published in an official gazette at their own cost.
Sudip Shome
(Querist) 17 August 2012
To,
Mr.Prabhakar Singh,
But Sir if it happened like that ..........I Sudip Shome set out to pay GIC all my dues and suddenly I Sudip Shome faced an accident and lost my money.........Will then GIC excuse me and my family from paying the dues ?????
Please tell me that.
Sudip
Sudip Shome
(Querist) 17 August 2012
To,
Mr. Prabhakar Singh,
If no bank want to give loan to me against my same certified deed that is made by GIC for loosing my original deed then what about the value of my same property ?
Sudip
prabhakar singh
(Expert) 17 August 2012
"But Sir if it happened like that ..........I Sudip Shome set out to pay GIC all my dues and suddenly I Sudip Shome faced an accident and lost my money.........Will then GIC excuse me and my family from paying the dues ?????
Please tell me that."
NO IS THE PLAIN ANSWER.THE DEBT ADVANCED BY GIC IS NOT SECURED BY YOUR LIFE BUT BY MORTGAGE OF THE HOUSE IT SELF.IF YOUR LIFE ALSO GETS INSURED FOR THE LOAN THEN NOT YOUR FAMILY OR HEIRS BUT INSURER SHALL PAY THE LOAN.
prabhakar singh
(Expert) 17 August 2012
"If no bank want to give loan to me against my same certified deed that is made by GIC for loosing my original deed then what about the value of my same property ?"
THERE IS NO END TO SURMISES WHICH ARE WITHOUT
PREMISES.
Sudip Shome
(Querist) 20 August 2012
To,
Mr.Prabhakar Singh,
As per your last answer, then where is the logic and where the Indian Ruling system for the same fact ?????????
prabhakar singh
(Expert) 20 August 2012
Shall banks give you loan if a decree of compensation for loss of original is passed against GIC???????
Sudip Shome
(Querist) 20 August 2012
To,
Mr Prabhakar,
No until GIC registered my deed once again at another family member of mine on behalf of me at their cost.
This because my money is also money....isn't it ?
Sudip
prabhakar singh
(Expert) 20 August 2012
Law deals and is for men of ordinary prudence like me and not for those who are extra ordinarily intelligent like you.
Sudip Shome
(Querist) 28 August 2012
To,
Mr Prabhakar,
WHY YOU SUPPORT GIC, WHEN THEY LOST MY TRUST UPON THEM. MY REGISTRATION COST WAS FROM MY HARD EARNED MONEY. SO WHAT ABOUT THAT ?...........YOU BEING AN EXPERT SUPPORTING GIC FOR THEIR BREACH OF TRUST ?.....DO NOT MIND, IT SEEMS LIKE YOU HAVE SOME CONNECTIONS WITH GIC, BUT YOU SHOULD BE GIVING A NEUTRAL LEGAL HELP AT LEAST HERE, TO ALL.
SUDIP
