• Title deed lost from SBI

I have take a Agri loan from SBI in 2010 (During that period it's SBT) and closed on 2013, And I forget to collect the property title deed back from there. Now I have approched them to return they said it's not found any where, so i asked a loan clousre certificate that they provided, and they are not showing any register if I collected the original from bank. So what can I do now, please advice, Iam from Kerala
Asked 4 months ago in Consumer Law

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7 Answers

Issue legal notice to bank to return your original documents of title 

 

2) if they have lost the documents they have to pay you compensation 

 

3) file case against bank before consumer forum and seek orders to return  your documents and pay you compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
97306 Answers
7860 Consultations

Actually they should obtain your signature in the register they maintain with the details of the title documents returned to the borrowers after the loan was fully discharged.

You can resort to legal action by first issuing a legal notice demanding the return of the title documents, if they fail to comply or do not respond then you can approach consumer commission for deficiency in service  as well as return of the title documents. 

T Kalaiselvan
Advocate, Vellore
87508 Answers
2349 Consultations

Dear Sir/Madam,

Thank you for your query regarding the retrieval of your property title deed from the State Bank of India (SBI) after the closure of your agricultural loan. Based on the information provided, I will provide an expert legal response to assist you in this matter.

Under the Indian laws, when a borrower takes a loan from a bank and provides immovable property as security, the bank holds the original title deed of the property until the loan is fully repaid. Once the loan is closed, the bank is legally obligated to return the original title deed to the borrower.

In your case, since you have closed the loan in 2013 and have not received the original title deed back from the bank, you have the following legal options:

  1. Send a Legal Notice: You can send a legal notice to the concerned SBI branch, demanding the return of your original title deed within a specified time frame (usually 15-30 days). The notice should clearly state the loan details, the date of closure, and the fact that you have not received the original title deed despite repeated requests.

  2. File a Consumer Complaint: If the bank fails to respond to the legal notice or does not return the title deed, you can file a consumer complaint against SBI before the appropriate District Consumer Disputes Redressal Forum in Kerala. Banks are considered "service providers" under the Consumer Protection Act, and failure to return the title deed after loan closure can be considered a deficiency in service.

  3. Approach the Banking Ombudsman: You can also file a complaint with the Banking Ombudsman appointed by the Reserve Bank of India (RBI) for your region. The Banking Ombudsman has the power to pass an order directing the bank to return the title deed or provide compensation.

  4. File a Civil Suit: If the above options do not yield a favorable result, you can file a civil suit against SBI in the appropriate court in Kerala, seeking the return of the original title deed or compensation for the loss/damage caused due to the bank's negligence.

It is important to note that you should have proper documentation, such as the loan closure certificate, to support your claim. Additionally, you should keep records of all communications with the bank regarding the retrieval of the title deed.

 

Regards,

Arunkumar Khedia

Advocate Bombay Highcourt

Arunkumar Khedia
Advocate, Mumbai
61 Answers

Dear Client.

Send a formal letter to the bank's branch manager requesting a detailed explanation of the situation. In the letter, state that you did not collect the original title deed and that the bank has confirmed it cannot locate the document. Request that they acknowledge in writing that the title deed was lost while in their custody. If the branch does not resolve your issue, escalate the matter to the bank's regional office or the customer grievance redressal cell. Every bank, including SBI, has a specific process for handling customer complaints. If the bank fails to resolve the issue within 30 days, you can file a complaint with the Banking Ombudsman. You can file the complaint online, by email, or through a letter. If the above steps do not yield results, you may send a legal notice to the bank, demanding the return of your title deed or appropriate compensation for the loss of the original document. At the same time you can also apply for a duplicate title deed.

Anik Miu
Advocate, Bangalore
10312 Answers
121 Consultations

- Since, the loan amount already refunded by you and the bank has issued a loan closure certificate , then the bank is under obligation to return the mortgaged registered documents to you. 

-  You can send a legal notice to the bank for the same , and if not positive response then file a complaint before the Consumer forum against the bank on the ground of deficiency of service , and thereby you can also claim compensation for the harassment. 

Mohammed Shahzad
Advocate, Delhi
14695 Answers
224 Consultations

1. As per RBI Guidelines. the bank shall have to return the original Title Deed within a specific time after the issuance of No Due Certificate to the Borrower.

 

2. Write to the higher officials of the Bank including its Ombudsman and also lodge a police complaint against the Branch Manager of the Bank.

 

3. If you still do not get it then collect a letter from the Bank on its letter head stating that they are not in a position to return the Title Deed  since it has been misplaced.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

First, write to the bank branch demanding return of your title documents on or before a set deadline. If there is no response or if it is not satisfactory, lodge an online complaint with the Banking Ombudsman. If you are not able to appear in person, authorise a friend or relative in India to appear before the BO on your behalf, apprising that person of the facts of your case thoroughly. On the merits of the case, the BO will pass an award which will be binding on the bank. This is relatively a hassle-free and low-cost route to redress. If nothing works, engage a competent lawyer and agitate the matter before the consumer forum.

Swaminathan Neelakantan
Advocate, Coimbatore
2939 Answers
20 Consultations

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