Neurothyme 12 January 2020

Collection agent threatened me with willful default

I have a personal loan running with IndusInd Bank and I have been paying every month, despite 6 months of me being unemployed due to medical reasons. Because of my unemployment status, the emi date is being stretched a little but I never defaulted on a single payment ever. I had recently a very small shortfall amount of around 500 rs which I promised to pay by day end and paid also. I honoured my commitment to them. The agent in between called me up, threatened me with putting my name as a willful defaulter and was very rude and threatening to me saying he will send agents to my home for recovery. It was an extremely unpleasant experience with a very rude fellow. I have a good CIBIL score still and have not done anything to warrant this action. Can I take further action on the agent and the bank? It has caused a great deal of emotional turmoil. Can I approach a court on this and serve a legal notice? I would be very thankful for guidance please.

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Raveena Kataria (Advocate ) 14 January 2020

Yes! As a consumer, you had the right to not be harassed and coerced by threats into doing what you had already done anyway. The incident is a typical example of an exploitative/unfair trade practice for which the bank can be held directly liable, if you inform them of this incident and they do nothing. So before you address a legal notice to the bank, it's my suggestion that you rather first address them with a formal e-mail/letter informing them of this whole fiasco and how it's affected you. If they make recompense, well and good, otherwise it would be the reasonable next step sending them a legal notice upon which you would be able to successfully sue.