harassment and threatening for credit card harassment and threatening for credit card

To whom so ever it may concern.

Myself nishant patel , is having an out standing of rs. 65000 on SBI credit card. But to some financial issues and family issue I'm not able to make the payment. I told the bank that once I get financially strong I will make the payment. Today date: 08/04/21 I received a call from SBI recovery agent mobile number: 08586813624. agent started harassing and threatening personally, professionally. He said he will contact MD and other staffs of the organization where I am working and my relatives. He also said that he will leave me jobless and will rapture all my reputation.
Kindly help me

Kishan Dutt Kalaskar Retired Judge

Responded 10 months ago

View All Answers
A.Dear Sir,
Remedies against harassment by Recovery Agents
February 18, 2021
Written By : Kishan Dutt Kalaskar Retired Judge
Leave a Comment
There are numerous cases of the oppressive and illegal conduct of recovery agents attempting to recover pending dues for the banks' benefit. In the past few years there have been many such instances, to showcase an example, an 81-year-old woman was seriously threatened by recovery agents, she got 375 threatening calls concerning her child's unpaid bank dues. After that, she moved to the police, and a case was filed against these agents. Another incident quoted as per media reports stated that a private bus was halted, and 42 travellers were held hostage for three hours by recovery agents, who needed to recover money from the travel company that owned the bus. These cases affirm that recovery agents/offices are feared in India. A recovery agent seeks clients and organizations that owe instalments to banks. Many of these recovery agents collect the banks'clientspayment dues for a charge or a percentage of the total amount owed. These agents are generally a third-party

https://www.vidhikarya.com/legal-blog#
You may get issue a strong legal notice from my office or file a Suit for Permanent Injunction against Recovery Agents and Bankers.

ICCI Bank Limited vs. Prakash Kaur case,

The Supreme Court in a landmark judgement reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives.

"We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said.

The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank.

It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations.

The court also directed the concerned Deputy Commissioner of Police to submit the investigation report in the Delhi High Court.

According to the court, complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks recovery agents would be viewed seriously.

Reiterating the RBI Guidelines on Engagement of Recovery Agents, the court said, "The Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban."

"RBI had expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law," Justice Bhandari, writing the verdict for the bench, stated.

RBI in a letter accompanying its April 24, 2008 Guidelines had stated that it might consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period.

ICICI Bank had moved the apex court seeking deletion of some paragraphs in the High Court order which had said that "...the proximate cause of death of the deceased that led him to commit suicide was on account of humiliation caused by the Bank people from where loan was taken by him."

"The modus-operandi employed by the banks like ICICI for realisation of their loan amount and for recovering the possession of the vehicle against which loans are given is extra legal and by no stretch of imagination they can be permitted to employ musclemen and goons for recovery of their dues even from a defaulting party," the High Court had observed.

The High Court order had come on a petition filed by Shanti Devi Sharma, the deceased's mother, seeking a probe against the ICICI bank and its staff for the unlawful action, which led to the suicide of her 34-year old son Himanshu Dev Sharma.

Sharma had committed suicide in October 2005 by hanging himself at his house after he was allegedly intimidated and humiliated in front of his neighbours and family by recovery agents employed by the bank for recovering the loan amount taken for his motorcycle.

The ICICI Bank had contended that it was within its rights to recover loans and had followed the required procedure for recovering dues.

I could have explained more if background is known to me. I am at your service if you visit my office.

Please give me FIVE STAR if satisfied by my answers and you may approach me through Vidhikarya for further clarifications.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 10 months ago

View All Answers
A.Dear Client
Its very unfortunate that these recovery agents use such methods and language to recover the due amount from the customer. If they cross the line then you can take legal action of filing a police complaint against them.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 10 months ago

View All Answers
A.Dear client,
Since you have a due of Rs 65000/- you are liable to pay the same to the bank. But if the bank is stepping out of their jurisdiction to recover the money of credit card bill as directions issued by RBI, then you can file a complaint with the RBI or file an injunction suit in the competent court.
Thank you
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconIndebted to Moneylenders
If you have given signed cheques to the moneylenders as a guarantor on behalf of your father then if he fails to pay the due loans in full within the specified time then the money lenders shall take a...
question iconMy account turned NPA and the bank took symbolic possession.
You should immediately contact any good advocate of Hon'ble High Court and consult with him along with all the relevant documents regarding the said loan dispute. Immediately action should be taken on...
question iconHarassment on Credit Card Loan
Dear Client, If the due period is over then they will call as to be confirmed when are you going to return the money. And as you have stopped after a certain time. And if the due is not over then you...
question iconSecuritisation Application
Dear Client, The appeal against an order of Recovery Officer to DRT can be requested within 30 days from the date of order. The Tribunals have to resolve the claim within six months. The appeal agains...
question iconCGTMSE LOAN became NPA
Dear Client One thing is well established that if you take loan from a bank then you have to return/repay the loan as that is not your money but public's money. Since you are not in a position to do s...