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:
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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.
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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.
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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.
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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