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Manu (Private)     15 September 2014

Icici bank agents harrasment

Hi,

I have taken a personal loan from ICICI bank almost six years ago. I made the payment for an year and then due to financial crisis, I couldn't continue making the payments. 

These agents are harrasing me from past couple of years but now they have crossed all the limits. they have started threatening my parents who have nothing to do with the loan, as Im married and above 18 obviously , also they never signed any document related to the loan. My mother have fallen ill because of them. 

They also did a very wrongful act by disclosing my information to the neighbor, which is incorrect as per RBI guidelines. The kind of name shame game they are playing is not correct.

I just want to know what kind of case can be filed against them, as they give life threatening calls and disclosing my information to everyone. Im in the process of settling the loan but can't take the kind of behavior they have displayed. Please help me and advise me about the law according to which they shouldn't have done this.



Learning

 4 Replies

Ashish Dongre (Advocate)     15 September 2014

Lodge criminal complaint with police,Name the culprits,be it MD/CEO/Chairman of ICICI Bank,Record all calls,Contact Local lawyer...
Let your lawyer take over the matter,Thru your lawyer YOU MAY LODGE A COMPLIANT WITH following and demand to cancel the license of the bank which has not corrected its conduct despite supreme court judgements.

you can also approach the Consumer Forum and get the requisite damages and compensation for the same.

Hardeep (Business)     15 September 2014

AFAIK

a) Credit information of anyone is kept at Websites such as CIBIL ( www.cibil.com ) and is available to Banks who may request it. You can also purchase it.

b) If one is not lying, a case of defamation does not lie. Guidelines do say no humiliation but that is subjective.

 

c) As for threats as a first step FIR has to be lodged, punishment is per S.   506 IPC, once proven. Complaint may also be made to RBI against the Bank as well as its Collection Agents.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

Manu (Private)     15 September 2014

thanks for the quick responses, I appreciate your suggestions and inputs.

When these recovery agents called me at 8 and started using abusive language, I called women helpline and lodged a complaint and tomorrow I will lodge a complaint in police station as well.

Unfortunately I did not record the calls, I wish I could have thought about the same.

But Im definitely going to filed the case in consumer court as well.

Kumar Doab (FIN)     15 September 2014

Don’t borrow if you can’t repay.

If you made last payment 5Y back and did not sign any admission of debt, or made part payment thereafter then the debt is time barred.

Record everything (audio/visual) and keep unshakable witness(es).

 

Your phone is your property and if you don't want anyone to call you, then you can prohibit.

 

Tell the callers to stop calling you and follow due process of law to recover the time barred dues.


The Supreme Court of India passed judgment in case involving recovery agents of M/s ICICI bank and there are many threads on similar queries that you may find relevant e.g:

 

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4

 

 

https://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Utl35tK6a3Y




https://www.lawyersclubindia.com/experts/Credit-card-problem--446451.asp#.Utl4H9K6a3Y




https://www.lawyersclubindia.com/experts/Credit-card-defaulter-time-limitations--446061.asp#.Us7ig9IW1MA






https://www.lawyersclubindia.com/experts/Credit-card-debt-448106.asp#.UvpMrEeBmXU

                                               

https://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Usvvc9IW1MA



https://www.lawyersclubindia.com/experts/Credit-card-payment-443961.asp#.UsvwjNIW1MA



https://www.lawyersclubindia.com/forum/Credit-card-robbery-fraud-in-china-94830.asp#.UsvwUtIW1MA



https://www.lawyersclubindia.com/experts/Harassment-by-recovery-agents--442841.asp#.UrhGa9IW1MA



https://www.lawyersclubindia.com/forum/Salary-account-freeze-without-my-notice-95425.asp#.UswXWNIW1MA

 

https://www.lawyersclubindia.com/forum/Standard-Chartered-Bank-Sold-My-Banking-Credentials-to-Shaha-39265.asp?1=1&offset=2

 

 

https://www.lawyersclubindia.com/forum/Mental-torture-and-harassment-from-axis-bank-recovery-agent-103820.asp#.U6Ev5ZSSwb8

 

 

 


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