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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.

Did you find this write up useful? YES 24 NO 5
Salauddin khan   4 Mar 2021 12:27pm
I have lost my job last year and couldn't make the payment. Later this covid situation. Now I have the job. I got a call for 35k payment and I told them I'll make the payment when my salary comes but they didn't listen and they called my family and abused them saying aukat nahi hai toh kiya kyu, they asked my sister and sister in-law to sell them self and make the payment. Due to this behaviour my father threw me out of his house and now I'm homeless for the past one week. Now they r still calling me for payment. Now I don't know what to do. Because if I make the payment then I have nowhere to go. I don't have much money to survive alone. Please help.
Reply
Sunil   26 Feb 2021 7:43pm
Harassments & threatening calls from kotak mahindra bank, MG road branch. My name is sunil HR and i have used the credit card once i have made the payment in 40 days. Again i have taken used then the pandemic situation. Now from November i went from restructuring i lost the job in November. Now few days back they called and asked to go for settlement. I said ok. But as i got the job in January im getting my full salary on 1st of march here any time any where i didn't said i will not do the payment. But one shot they are asking 65,000 how will i pay. I want some one to help me with this. If not for there calls and the way they text i feel like killing my self.
Reply
CECILIA DSOUZA   16 Feb 2021 2:20pm
Harrassment & Threatening calls from Kotak Mahindra Bank, Kalina branchMy name is Cecilia Dsouza and I had taken a loan from Kotak Mahindra Bank (ISPL119136) , I had been paying regularly this loan until March 2017. After this I lost my job and was jobless for one year . As being the only lady earning at home and looking after my sick husband who is under medication since 7 years & jobless too, having a son who is schooling. I was finding it difficult to repay the loan. I had informed the same to Kotak bank about my situation & said that I will start repaying once I get the job. Last year when I started working and again due to COVID-19 situation we were at home not getting our salary, that time on September 11, 2020 I received a mail from Mr. Yogesh Patil (Consumer Bank, KMBL) stating this (case no 54939/18 (cheque no – 141) is being processed at 32 court in Ahmedabad and the Summons were served at your last known address as provided by you to the bank. The next date of hearing is 29-Sep-20, request you to appear in person before the Court as per the abovementioned date.) I again replied to his mail saying that I need some time to repay the loan because I am at home without pay. Now since last one week I am constantly receiving calls from Delhi they are harassing me, torturing me, and threating me too that they will get me arrested. I need your help on this immediately. calls I am receiving are from theses numbers - +91 8954704481, +91 9315721140 , 011 40053125, +91 8791167905. I have also given a complaint on consumer helpline.
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Sunny Singh   10 Feb 2021 10:02pm
My SBI credit card payment is due, I have written emails stating that I lost my job and suffering from mental illness, until or unless my financial situation is not stabilize I can make partial payments, and now I'm getting threats from the collection agencies they are Harrasing me and my family, one of the agent also told me to take my own life as I'm not been able to pay, please suggest me what shall I do I'm mentally deteriorated
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Sanjog Bhardwaj   21 Jan 2021 4:27pm
Harrasment calls to my realtives and me regarding my sbi credit card payment due 1.22lac
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S palaniyappan   12 Jan 2021 7:29pm
Online loan app phone calls tourcher online loan kissht& rufilo
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Prabu   10 Dec 2020 6:22pm
I have outstanding in my ICICI credit card, Collection agent Mr Prabhakaran called me from +919344305880 and asked for the payment, I told him that I have lost my job and will pay in 2 months of time, but he told me to die or make the payment, I have it in recording, please let me know what shall I do.
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Usha   20 Oct 2020 7:11pm
From mrupee company they having talking very bad words pls for the government we r request they words they will speak should be decent pls help me
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Rajiv Ranjan Kumar   18 Oct 2020 7:41pm
I haven't avail any credit card from Indusind bank as yet. From last 3 days I am getting tremendous call from Indusind regarding payment of credit card. It make my life unpleasant & horrible & my business get affected. I have written to all concern Indusind bank but voice call is not yet stopped. Please advise how to proceed further legally. Below is the indusind bank credit card no from where i got voice call. 8882701930,8882702017,8882702034,8595956891,8882702008,8882701964,8882702033
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Manoj   15 Oct 2020 5:46am
Our Tourusm trade badly impacted due to COVID-19 and most of us suffering by financial crisis . Banks thirird vendor is threatening like Gangster for credit card payment and there isn't any waiver off. Although Hon SC has taken step in this regard and waiting favourable decision for all borrowers.
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Ganesh   15 Oct 2020 12:36am
I have cradit cards & lone that I m using from 2015 and pay ontime but as now . I lost my job & due to some emergency now unable to pay . RBL Bank, Kotak Bank, HDFC Bank these recovery people are threatening me & my family. Plz help what I do now
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Gyanender verma   10 Oct 2020 5:57pm
Sir, I have taken loans from some online companies. I am unable to repay them due to losing the job in Lockdown. These people are threatening to call me and my relatives.
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Dhana Lakshmi   11 Nov 2020 5:39pm
Hi friends me taken loan from few online companies... this time am unable to pay because of financial problem,, Those bank people calling all our relatives & using some abusive words which makes us to commit suicide because of these mental torture & Created group like wroke name as fraud & add all my contact list in that group.. Please do help regarding this & ask them to cal like this right now no money with me to pay
Reply
Sahil Shukla   12 Feb 2021 7:28pm
Contact from me
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Dhana Lakshmi   11 Nov 2020 5:41pm
Not to cal like this & no money with me right now to pay also
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Preeti   14 Oct 2020 9:30pm
Which bank is threatening you. I m also facing the same issue
Reply
B K Thomas   16 Sep 2020 2:36pm
Informatie artcle
Reply
SUNNY Kalia   11 Feb 2021 6:42pm
I am getting harrasment call by Bajaj RBL Collection department.daily 25 to 30 call they are doing. i am having recording of all of them.Non stop every half an hour gap they start calling for payment.Now i am too much upset thinking about to suside
Reply
Sahil Shukla   12 Feb 2021 7:29pm
Contact from me
Reply
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