Online Harassment

Dear Client,

Receiving threats and harassment from collection agents, especially when they involve your contacts and villagers, can be distressing. Debt collection practices in India are regulated, and using vulgar language or threatening you and your contacts is illegal. Here's what you can do to handle the situation effectively:

The RBI has set clear guidelines for recovery agents. They must not resort to harassment, intimidation, or inappropriate conduct when recovering dues. Using threats, abusive language, or contacting your friends, family, or other third parties is prohibited.
Debt recovery agents must follow a code of conduct and act within the law. Harassment or abusive behavior by collection agents can be challenged legally.
Sharing your contact information and details of your debts with third parties (like your contacts or villagers) without your permission violates your right to privacy.

File a complaint at your local police station regarding the harassment, threats, and abusive behavior of the collection agents. Provide details of the calls, the language used, and the fact that your contacts and villagers are being harassed.
Mention the violation of your privacy and request that action be taken under relevant sections of the law.
The Indian Penal Code (IPC) and Information Technology Act have provisions against harassment, intimidation, and invasion of privacy.

You can engage a lawyer to send a legal notice to the collection agency or the bank.
The notice should clearly state the violations of RBI guidelines, privacy laws, and your right to be treated fairly. Demand that the harassing calls and threats stop immediately, and if they continue, you will take legal action.

Record the calls from collection agents if possible. Many mobile phones have built-in call recording features. These recordings will serve as evidence in case you escalate the issue legally.
Use call-blocking features to prevent future harassment calls.

You must send a legal notice to the bank or finance company of yours asking for time to make the due payment for which the agents are harassing you.


Regards

Dear client,

The harassment and use of vulgar language by collection agents is unacceptable and illegal under Indian laws. Here's how you can proceed:

1.If possible, record the calls where the agents are threatening you or using vulgar language. These can serve as evidence later.
Note Details: Keep a log of the date, time, and phone number of each call you or your contacts receive.
Witnesses: Ask those who received calls (like your friends or villagers) to document what they were told.
2.The Reserve Bank of India (RBI) has clear guidelines on debt recovery practices, including:
Debt collectors cannot use abusive language.
Harassment through repeated calls is illegal.
They cannot contact people other than the borrower unless it's necessary to locate the borrower.
You can file a complaint under this law for harassment and unfair practices.
If personal data like contacts were shared without your consent, it could be a violation of privacy under the Information Technology Act.
3.You can send a legal notice to the RBL Bank and the collection agency through a lawyer. The notice should demand that they stop contacting your acquaintances and harassing you.
You can lodge a formal complaint with the Banking Ombudsman of the Reserve Bank of India, explaining the violation of their collection guidelines.
You can also file an online complaint on the RBI’s official website.
If the language used is threatening or vulgar, file a complaint at your nearest police station under Section 506 IPC (criminal intimidation) or Section 509 IPC (outraging the modesty of a woman). Include all call recordings and witnesses in your complaint.
4.Contact the bank's Grievance Redressal Department to report the misconduct of their collection agents.
If they do not resolve the issue, escalate it to the Banking Ombudsman.
5.If you believe your contacts list was accessed without consent, report this under the IT Act by filing a complaint with the Cyber Crime Cell.

Keep one thing in mind: it is the bank's right to recover the money they have lent to you, and you are liable to repay it. However, they cannot go beyond their ethical and legal rights by harassing you.

Dear Client,
As per the RBI Guidelines, Banks/NBFC/FI are advised to ensure that the contracts with the recovery agents do not induce the adoption of uncivilized, unlawful, and questionable behavior or recovery process. In the context, reference is invited to (a) Circular DBOD.Leg.No.BC.104/ 09.07.007 /2002-03 dated May 5, 2003, regarding Guidelines on Fair Practices Code for Lenders (b) Circular DBOD.No.BP. 40/ 21.04.158/ 2006-07 dated November 3, 2006, regarding outsourcing of financial services and (c) Master Circular DBOD.FSD.BC.17/ 24.01.011/2007-08 dated July 2, 2007 on Credit Card Operations. Banks/NBFCs are strictly advised to adhere to the guidelines/code mentioned above during the loan recovery process. In the given situation, filing a complaint of criminal intimidation under Section 351 of BNS against the recovery agents of RBL Finance at the local Police Station, a copy of the said complaint should be sent to Bajaj Finance. Further, a complaint against the loan recovery agents appointed by RBL Finance can be made to the regulatory authority RBI online at https://cms.rbi.org.in. In a recent judgment, the Hon'ble Patna High Court in the case of Dhananjay Seth v. Union of India, 2023 SCC OnLine Pat 1393, decided on 19-05-2023 directed the Superintendent of Police of all the districts in the State of Bihar, to ensure that within their jurisdiction no recovery agent of the Bank and Financial Institution might take the law into their hands without an order of the competent court of law. Further, a quick counseling session with a certified credit counselor can help you discover your options and choose the right path to resolve or settle the matter.