Harassment from recovery agents
10 months ago
I had taken a payday loan from an NBFC and was not able to pay in time. Now they are threatening me saying that they will be sending recovery agents to my residence and sit at my home till the amount is paid
A.Hello,
Legal Remedies available to defaulter in the case of harassment by recovery agents:
--Filing a complaint at the police station:
A proper complaint should be filed against the Bank and the recovery office. However, if the police do not file a complaint, the magistrate can be approached.
--An injunction suit against the bank and recovery agents:
A civil injunction suit with an ad-interim relief can be filed in the civil court against the bank and recovery organization. It should be possible to guarantee that bank authorities and recovery agents don't visit a person's home to recover the dues.
--File an objection with the Reserve Bank of India:
After getting a few public objections against banks and seeing a few cases recorded against the harassing recovery method, the RBI prescribed certain norms for the recovery agents in order to govern the approach towards defaulters. In this manner, if the defaulters feel undermined, they have an option to contact the organization and file a legal complaint.
--Defamation suit:
If the debt recovery depends on incorrect data that prompted the deficiency of a person's CIBIL score, they can file a defamation suit against the bank and recovery organization.
--Trespass objection:
On the off chance that the recovery agents of the Bank illegally invade someone's home without approved consent, at that point a trespass complaint can be filed against them for disregarding an individual's rights.
--Extortion grievance:
If the recovery agents forcefully recovered the money, an extortion case can be filed against.
--Complaint to your Bank:
Practically all banks have a complaint department. The client can move that department and can communicate on this matter. Generally, after recording the grievance, the client needs to wait for 30 days to tackle the matter or get an answer.
Legal Remedies available to defaulter in the case of harassment by recovery agents:
--Filing a complaint at the police station:
A proper complaint should be filed against the Bank and the recovery office. However, if the police do not file a complaint, the magistrate can be approached.
--An injunction suit against the bank and recovery agents:
A civil injunction suit with an ad-interim relief can be filed in the civil court against the bank and recovery organization. It should be possible to guarantee that bank authorities and recovery agents don't visit a person's home to recover the dues.
--File an objection with the Reserve Bank of India:
After getting a few public objections against banks and seeing a few cases recorded against the harassing recovery method, the RBI prescribed certain norms for the recovery agents in order to govern the approach towards defaulters. In this manner, if the defaulters feel undermined, they have an option to contact the organization and file a legal complaint.
--Defamation suit:
If the debt recovery depends on incorrect data that prompted the deficiency of a person's CIBIL score, they can file a defamation suit against the bank and recovery organization.
--Trespass objection:
On the off chance that the recovery agents of the Bank illegally invade someone's home without approved consent, at that point a trespass complaint can be filed against them for disregarding an individual's rights.
--Extortion grievance:
If the recovery agents forcefully recovered the money, an extortion case can be filed against.
--Complaint to your Bank:
Practically all banks have a complaint department. The client can move that department and can communicate on this matter. Generally, after recording the grievance, the client needs to wait for 30 days to tackle the matter or get an answer.
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A.Dear Client,
In case of default in repayment of loan as per the condition of repayment, Bank/NBFC takes the routine course of action permitted under relevant laws for recovery of debt lying outstanding against you. You can pray for some more time to settle the dues but cannot escape yourself from your liability of repayment of your loan for any reason whatsoever. Both Supreme Court and Regulatory Authority, RBI issued orders/advisories refraining Bank/ NBFCs strictly from taking any coercive or forceful action deploying the recovery agents to recover the dues from the defaulter loanee. Being a defaulter of a loan, in case you are getting such kind of threat calls or messages from recovery agents or any unknown entity, you need to report the matter in writing to the local PS and the concerned Bank endorsing a copy to the Grievance Cell of RBI online and get in touch with an Advocate with all your papers/document for guidance and for taking necessary steps to resolve the issue in accordance with the provision of relevant laws'
In case of default in repayment of loan as per the condition of repayment, Bank/NBFC takes the routine course of action permitted under relevant laws for recovery of debt lying outstanding against you. You can pray for some more time to settle the dues but cannot escape yourself from your liability of repayment of your loan for any reason whatsoever. Both Supreme Court and Regulatory Authority, RBI issued orders/advisories refraining Bank/ NBFCs strictly from taking any coercive or forceful action deploying the recovery agents to recover the dues from the defaulter loanee. Being a defaulter of a loan, in case you are getting such kind of threat calls or messages from recovery agents or any unknown entity, you need to report the matter in writing to the local PS and the concerned Bank endorsing a copy to the Grievance Cell of RBI online and get in touch with an Advocate with all your papers/document for guidance and for taking necessary steps to resolve the issue in accordance with the provision of relevant laws'
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