IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
B.Dhanasekaran – Appellant
Versus
RBI Ombudsman Office Of The RBI Ombudsman –I Reserve Bank Of India – Respondent
ORDER :
D.Bharatha Chakravarthy, J.
This writ petition is for a direction to the first respondent to issue an order regarding the petitioner’s complaint dated 12.08.2024 and to direct the second respondent to compensate the petitioner for the delay in releasing the original sale deed document No.124/1996, dated 20.01.1996.
2. The brief facts leading to the filing of this writ petition are that the petitioner was an employee of the second respondent bank. He took a loan from the second respondent bank. At the verge of his retirement in April 2021, he settled the loan amount. The petitioner states that the loan was settled on 07.04.2021. However, the second respondent bank claims that the loan amount was finally settled on 06.05.2021. Be that as it may, once the loan amount is settled, the Reserve Bank of India has issued guidelines regarding the handing over of the original documents in its proceedings dated 13.09.2023. These guidelines state that ordinarily, the bank should release the documents within 30 days from the date on which the loan amount is fully settled. The guidelines also specify in Clause 6 that for every day of delay, the borrower is entitled to compensation of Rs.5,00
The court affirmed the authority to award liquidated damages under Reserve Bank of India guidelines for delays in document release, emphasizing the inadequacy of initial compensation.
The bank has no authority to retain title deeds after loan closure, and compensation claims must be pursued through appropriate legal forums.
Banks have a legal responsibility to safeguard original title documents and are liable for any losses incurred due to negligence in their custody.
The Reserve Bank of India mandates banks to remove charges on fully repaid mortgages within 30 days, entitling borrowers to compensation for delays.
Home Loan – Reduction in sale consideration, though indicative of financial prejudice, cannot be wholly attributed to loss of Title Documents or quantified solely on the basis of sale documents.
Once a loan is settled, banks must return original mortgaged documents promptly, as withholding them without justification constitutes neglect and may warrant compensation.
High Court in exercise of its discretion does not ordinarily assist the tardy and the indolent or the acquiescent and the lethargic. If there is inordinate delay on the part of the petitioner and suc....
The main legal point established in the judgment is that the petitioner fulfilled the conditions mentioned and directed the Bank to furnish the information and basis of calculation of 10% per annum i....
A bank cannot refuse to release the margin money lying in the petitioner's account towards the bank guarantee without providing any justification.
A bank cannot demand additional payments after accepting a settlement amount, emphasizing fairness in contractual obligations.
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