Lender bank is refusing follow due legal process for document return
05-Mar-2025 (In Property Law)
Taken Housing loan from SBI in 2004 and SBI taken original sales/conveyance deed as surety. Full loan + interest paid back in 2015.SBI has lost/misplaced some part of my original sales/conveyance deed. After following up for 10 years now bank is giving certified copy. However,SBI is refusing follow the due established legal process to give certified copy to customer even though original is misplaced by SBI . SBI is refusing to give a) Indemnity bond on stamp paper b)Court affidavit
Legal Remedies for Lost Original Sale/Conveyance Deed by SBI
If SBI has lost/misplaced your original sale/conveyance deed, you have strong legal grounds to demand proper rectification. Since you have already repaid the loan in 2015, the bank was responsible for safely returning your documents.
Steps to Take Against SBI:
Send a Legal Notice to SBI
Draft a legal notice through an advocate, demanding:
A certified copy of the lost deed.
A public notice in newspapers stating the document loss.
A court affidavit and indemnity bond ensuring no liability for you.
File a Written Complaint with the Banking Ombudsman
If SBI does not respond, file a complaint with the Banking Ombudsman (RBI’s grievance redressal authority).
This can be done online at RBI Banking Ombudsman Portal.
File a Consumer Complaint
Since this is a clear case of deficiency in service, file a complaint before the Consumer Disputes Redressal Commission (Consumer Court).
Seek compensation for negligence, mental harassment, and legal costs.
File an RTI with SBI
File a Right to Information (RTI) request with SBI asking for:
Internal records regarding your document's handling.
Copies of policies regarding lost customer documents.
Reasons for refusing an indemnity bond or court affidavit.
File a Writ Petition in High Court (If Needed)
If SBI still does not comply, approach the High Court through a writ petition (Mandamus) to direct SBI to issue necessary documents.
What SBI Should Provide You
A Certified Copy of the sale deed from the Sub-Registrar.
A Court Affidavit confirming document loss.
An Indemnity Bond stating SBI’s responsibility for future claims.
A Public Notice in newspapers declaring the document lost.
Conclusion
SBI’s refusal is unjustified, and you have strong legal remedies.
Start with a legal notice and escalate to Banking Ombudsman/Consumer Court if needed.
If you need, I can help draft a legal notice or consumer complaint for this case.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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