I had a credit card which I was not able to repay due to financial losses faced during covid. Post that when I explained my situation to recovery agents. When I said I am not immediately able to meet the payment plan they offered, post that they started calling into my near relations poaching from social media and fetching call records from my telecom provider etc. Now rather than calling me they are reaching my relatives, misbehaving and using bad words for me before my relatives & friends. Which is actually hitting me bad and affecting my reputation too. Neither they are responding to my call. When I asked them for their identification and authorization letter from the bank etc. to which they refused to disclose.
In this matter for now i wrote to Bank Grievance cell as well to collect information about the recovery agency and complained about their approach for collection defaming my name, which is against the RBI Guidelines.
I need an advise if on these grounds, can i file a legal case against the agency for damaging the reputation.
A.Hi,
Yes, you can file a complaint against them under Sections 503, 506 and 509 IPC. Their actions of calling and abusing your relatives amounts to harassment.
In addition, you can sue them for damaging your reputation under Section 499 and 500 IPC.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Yes, you can file a complaint under Sections 499 and 500 IPC for defamation.
Their acts of contacting your relatives constitutes harassment. You can file a complaint against them under Sections 503, 506 and 509 IPC for criminal intimidation and outraging the modesty of women. An injunction order can be obtained stopping their activities.
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Harrassing calls from Bank Recovery Agency
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