Recovery Agent abused and calling knowns and using my name and abusing. Recovery Agent abused and calling knowns and using my name and abusing.

9 months ago

A third party recovery agent is called my father and abused me in front of him and also used foul language for my mother as well. Also threatened me that he has all of my call logs and my fathers call logs too and will call them all and said that he will abuse me and spread it over my relatives as well and will abuse like this only. What legal action I can take against the person and will there be any benifit of doing the same.

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
In case of default in repayment of any loan as per the condition of repayment, Bank/FI takes a routine course of action permitted under relevant laws for recovery of debt lying outstanding against you. Both Supreme Court and Regulatory Authority, RBI issued orders/advisories refraining NBFC, FI 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 lodge an FIR against the concerned recovery agents and inform the concerned Bank with a copy of the FIR/GD. You can file a complaint online to the RBI against arbitrary and coercive action of the concerned Bank adopted for the recovery of debt from the loan defaulter. Apart you can file a civil suit praying for an injunction against the Bank and recovery agent. So, get in touch with an Advocate with all your papers/document for guidance and for taking the necessary steps to resolve the issue in accordance with the provision of relevant laws.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

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A.Dear client,
You have the following remedies

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.
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