Loan app Loan app

5 months ago

Is it legal loan app recovery agent visit home?
And
If we didn't repay loan amount in time and can we ask time for repayment???

Legal Counsel Vidhikarya

Responded 5 months ago

View All Answers
A.Dear Client,
The regulatory authority RBI has strictly prohibited the use of abusive language, intimidation, or any form of harassment in the loan recovery process. Borrowers have the right to be treated with dignity and respect. The Recovery Agents should carry proper identification, maintain decorum, and act within the legal framework. The RBI guidelines emphasize that the recovery process should be fair and not oppress borrowers. In the case of Magma Fincorp Ltd. v. Rajesh Kumar Tiwari, (2020) 10 SCC 399, the Supreme Court had “banned taking over possession by recourse to physical violence, assault and/or criminal intimidation by deploying recovery agents by the lender unless they obtained appropriate order in accordance with law and such orders were required to be executed only in accordance with the law. These guidelines of RBI promote transparency, fairness, and ethical practices in the loan recovery process, protecting the rights and interests of all parties involved. In case you face any threat or harassment from the Debt Recovery Agents of the Bank, you need to make a written complaint to the local police station against the recovery agents and inform the concerned Bank attaching a copy of the complaint made to the local Police Station and file a criminal suit u/s.503 of IPC against the recovery agents and the concerned Bank. Apart, file an online complaint for the same cause of action to the Grievance Cell of RBI in the web link: https://cms.rbi.org.in/cms or contact RBI Toll-Free Number 14448 and lodge a complaint over alleged harassment by recovery agents of the concerned Bank. Alternatively, an email can be sent to [email protected] stating the grievance/complaint in detail. Further, a quick counseling session with a certified credit counselor can help you to discover your options and choose the right path forward to repay your debt.
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 5 months ago

View All Answers
A.Dear Client,
The use of force or harassment by recovery agents is prohibited. Lenders are expected to follow ethical practices, and they cannot seize assets without following the legal process. According to the RBI, recovery agents cannot harass or use forceful means to recover loans. They are required to follow fair practices and maintain dignity in their interactions with borrowers. You can file a police complaint if you feel harassed or threatened. If you are unable to repay your loan amount on time, you can contact your bank or financial institution and request an extension. The bank may be willing to grant you an extension if you have a genuine reason for not being able to repay the loan on time. Come up with a plan for how you will repay the loan, including the amount you will repay each month and the date you expect to repay the loan in full.
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 iconEducation Loan
Dear Client, In the prevailing situation, you need to obtain a course cancellation certification from the institute, and based on said cancellation certificate you need to inform the concerned NBFC t...
question iconRegarding surity and stay of execution
Dear sir, You have to implead yourself as a party in the pending case if any otherwise file separate case to discharge you from suretyship.
question iconRecovering Loan given to a Friend
Dear sir As cheques are undated you can file cheque bounce case which is financially feasibly and you need not pay any court fees.
question iconCredit card payment
Dear Client, You can try to negotiate a debt settlement with the Bank on your own if your pocket permits to repay the entire outstanding of your credit cards at a time for a one-time settlement of du...
question iconJoint account Chaque with minor signature only
Dear Sir, Please check whether cheque is acceptable with the signature of minor normally it is not acceptable. Please get an endorsement from the Bank and then get issue a legal notice as provided und...
Read Blogs on Debt and Lending Agreement