Can a complaint be filed with the Pre-litigation Lok Adalat or the District Consumer Redressal Forum to get back mortgage documents, which a public sector bank has refused to return even after 3 years of their High Court case against a private company being dismissed? The bank had filed the case in 1992 for a loan of ₹7 lakhs. Despite repeated attempts by the company and its directors from 2001 to 2011 to settle the matter through the RBI’s OTS (One-Time Settlement) directives, the bank remained inflexible and ignored all communication. The bank’s case was finally dismissed in 2011.
Best Answer
Yes, a complaint can be filed with the District Consumer Redressal Forum under the Consumer Protection Act, 1986. The bank’s refusal to return the mortgage documents after the High Court dismissed their case constitutes deficiency in service and unfair trade practice. The forum can direct the bank to return the documents and may also impose penalties.
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