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Sourabh (BDM)     28 January 2010

Harrasment by HDFC bank

First of all i would like to inform all the members that i m grateful ,that i came to know that such kind of site exists. I m happy to know that.

Now my query, I m a salaried person and in recession i lost my job. I was running through some personal loans and due to no cash inflow i was not able to pay the money to HDFC for 4 months. Once i received a call from there department which was a threatning call and then after 2 days there were 4 people who visited my place in my absence and misbehaved with my MOM and my pregregnent wife. I had already lodged the compaint in police station and got a FIT copy from them. Now what should i do ? Help me out in it. As, now i won't pay them a single penny but i want to file a case against them. In FIR i asked to mention Sec. 504 and 507 of ipc. please help me out with the fiurther proceedings...



Learning

 9 Replies

V. VASUDEVAN (LEGAL COUNSEL)     28 January 2010

 While you can pursue the issue of harassment separately, you must pay the legitimate dues to HDFC Bank. While the process they adapted is deplorable, it is a fact that you owe some money. Please contact the bank's grievance redressal cell through its website, state the facts and resolve the matter by paying the dues. You may seek reasonable time.

vasudevan

Sourabh (BDM)     28 January 2010

i had called up code and compliance officer and the solution they provided is " we can't do anything as that is a 3rd party and we don't have a hold on 3rd party" i replied" bank had hired them for this and as far as counsilling is concern i had already visited bank for it showing my intention to pay. they said that if you have money to get ration for your home then eat less  and pay your emi's. They are not ready to listen to me.

samyak Satish (Member)     28 January 2010

I have full sympathy with you, if you are really in trouble as stated. U have not stated whether and when u intend to repay the principal. Presuming your intentions are not not cheat the Bank, pl. take note:

1. E-mail to Bank on customerrelationship department by quoting the loan account no.

2. U have not stated who has filed FIR and where u reside? It would be better if FIR is lodged through your wife and Mom as complainant. Take help of neighbours by taking them in confidence.

3. The best thing to avoid the recovery agents is to call them in advance and ask when he will meet. Meet them at a public place always. Talk decently & briefly. Never give specific commitments. Only commit about next date. Before next date give a miss call and wait till he call u. Dont waste your valuable talk time, but waste his time. Narrate your entire story at length about problems you are facing. Take note, all conversation will be recorded, So never get angry or say any bed word or never loose temper. But at same time irritate the recovery agent as much as possible by talking about your problems etc etc Never commit any thing. And in last commit only next short date for having a talk. Repeat this till he leave you. While talking with agent, ask indirectly and study what is his powers, who is his next boss, what is his powers, at which stage your case is, what will be next stage and what action is taken in next case. Remember everything when the agent has lost his temper and used unparliamentary words. Send an e-mail to Bank and record all misbehaviour of recovery agent. Keep on mailing. But never do anything which can make your side negative in your case.

4. Mean time transfer all your properties which are in your name to your family persons name as fast as possible but without unnecessarily incur expenses which cant be incurred by u.

5. Tackle the worst stage of recovery follow-up of physical harasement which will be last one.  The case will be put up in Recovery not possible -stage.

6. Pl. note Bank will continute to follow u till it feel that some money can be recovered from you. So it is depend upon u how best u convinence them that u cant pay anything at present for ___ days and also say that u dont want to cheat the Bank but your luck is not favourable right now. The best policy is to follow them, give miss calls, irritate them. 

The Bank will ultimately become helpless and will forward the case to legal department.

But always pray to God that your worst time get over and that u dont want to cheat the Bank and though their attitute is not good in these times, you will return the principal amount as fast as possible. Ask HIM to get u a good job so that you can pay it. It will happen provided how strong is your wish.

I think your problem will be solved meantime.

samyak Satish (Member)     28 January 2010

Ultimately, when your case is solved, pl. intimate me without fail. Pl. also find out what are other people who are facing similar problems like you. I intend to file a Public Interest Litigation against HDFC Bank within 6-8 months once I get complaints of 15-20 persons like you. So pl. take all care that your personal behaviour with Bank officers\agents remain good in all this time.

Saji varghese (manager)     29 January 2010

Well sourabh,The dues will have to be cleared at one stage or another.banks are running on public deposits.But its unfortunate that lawyers are wary fighting against banks ,particularly famed once like ICICI ,HDFC,CITY.Also I never found a lawyer who wants to challenge acts like SARFESI which are misused by banks.Most of the attachments done by banks are on outsatndings which bank decide.how many banks are having softwares which use correct metodolgy to calculate intrest etc.You will find a lot many discrepancies if you go through staements. why not somebody suggesting IPC for obtaining deecre by falsicfication of accountsIts unfortunate that banks have been given almost judicial power of attachement and sale.Its because such famed banks provide funds to our politicians and they make such laws.But Time will come when there will be revolt,non payment and we may also see few banks going red in India also.having said this try to convince the banker or move to Ombudsman ,that may give you some time but ofcourse interest will continue to add.

Ya_Ta (Software Professional)     30 January 2010

Hi

 

I know one laywer who is very good in SARFESI Act send me message to know about him.

I forgot the court name i think it call DRD (Please correct it)

it is court for banks to solve problem with consumer fast.

file a case there tell about ur problem & behaviour of bank with u and tell court u want to pay but need some time .court might give u time or lower ur emi & may punish bank too.

if u live in mp cg then i can tell good lawyer he is ex manager & know how to deal with banks

Thank You

 

Ya_Ta (Software Professional)     02 February 2010

Hello Mr Ashok Khurana

 well ur blog is very hard to read.

but u r right that private banks are not good.

even i personally have problem with 3 private banks.

they talk rudely .they don't listion to you.

RBI Powers is very limited .

 

 

 

 

 

 

 

PKUMAR GARG (SR. MANAGER-ERP FI)     02 February 2010

Mr. Saurabh, When you have a FIR ,what action police have taken? if police is inactive approach a court to seek direction to police for action.

Have you issued PDC for EMI, if yes please  ensure that all cheques are cleared ? SARFESI act is not applicable.

You said payment are delayed by 4 months it means now you are paying.

Please clarify so that suitable action ios suggested.

Kumar Doab (FIN)     04 April 2010

The so called "Third Party" are the credit Bureau's" approved by RBI, and the bank shall hire one of them. These credit Bureau's and banks have a strict code of Conduct to follow, set by RBI. Their approach has to be Human.

When some one from bank/ credit bureau is talking on phone : Record the calls, and do mention the date of call during the call by saying or making them say today is date/month/year and last time we talked on date/month/year , amd make them say their office phone number, address etc, and once the call is recorded, send the minutes to MD of the bank aditya.puri@hdfcbank.com, and complain on the bad conduct and ask for complaint number and reply in writing. Write that you have been attentive to the bank, and mention all meetings and phone calls, ask  for minutes of discussion/meeting.

Whatever be the situation , bank can not comment on Ration. Approach local Human Rights Activist, and lodge a written complaint.

Whenever you go to the bank, if your mobile has the fascility, record the conversation, and note down the Id number of the employee from the Id card card worn by him, and again make them say the date/month/year .

Build your side of the case, for harrassment. Try to find NGO and legal support. Some of the local NGO

mat make available free lawyer support. Some NGO memebers have sound legal knowledge.

And try your level best to secure a job.

Bank shall file in Lok Adalat and if you will feel like, you may agree to pay in small instalments suitable to you.

 

All the Best.


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