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HARASSMENT CALLS FOR REALIZATION OF PAYMENT DEFAULTS ON CREDIT CARD AND LEGAL RECOURSE AGAINST BANK
kartik mago 1 Apr 2019

HARASSMENT CALLS FOR REALIZATION OF PAYMENT DEFAULTS ON CREDIT CARD AND LEGAL RECOURSE AGAINST BANK

A number of cases have been listed wherein the bank officials repeatedly call and harass the customers for payment of debt. They call through anonymous numbers and sometimes even abuse the bank customer, thereby crossing all the moral limits. This imposed a serious problem of anger and rage within the customers and by seeing such behavior, the bank officials are avoided by them because of their abusive language etc..

The Reserve Bank of India had released some guidelines in this regard. The credit card holder who has failed to make payment can opt for the following recourse when harassed by bank officials:

Police Complaint

They can file a complaint with the nearest police station. The complaint filed must be against the bank and if the case is refused to be rejected by the police, the next person who can be approached is the Magistrate.

Injunction Suit

The person can also go for filing an injunction suit in Civil Court, a civil one against the bank. This remedy can be sought to stop the bank officials from unnecessarily visiting the premises of the credit card holder for recovering the dues.

Filing complaint with RBI

RBI has issued guidelines governing the recovery agents for the purpose of approaching the credit card holder at default. Thus, if the conduct of bank officials seems threatening, the person can file a complaint with the RBI.

Allegation of extortion

If the bank officials repeatedly call the customer, he can legally file a case of extortion against the bank official for forcefully taking the money.

The step by step legal action which can be taken by a person, being a victim of such harassing calls, is as follows:

Step 1: Complain to your bank

Almost all banks have a grievance department. The customer can approach that department and have a one to one discussion on the matter. Also, the complaint can be registered on a toll free number or website of the respected bank.

After filing the complaint, the customer has to wait for a period of 30 days for the bank to solve the matter or give a reply.

 

Step 2: Approach the banking ombudsman
If there comes no response from the bank within the stipulated 30 days, the banking ombudsman can be approached. RBI appoints such person as a senior official who redresses the complaints by customers.

The ombudsman has a duty to provide a legally binding decision which shall call for settlement between the bank and customer.

The grievances which relate to credit cards are to be filed with the ombudsman in whose territorial jurisdiction the billing address of the customer is located.

 

Step 3: Legal route
If aggrieved by the order of ombudsman, an appeal can be filed before the appellate authority within a period of 30 days. The Deputy Governor of RBI acts as the appellate authority for the matters relating to credit cards.

The alternate measure is to approach the consumer redress forums or Courts.

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