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saba syed (housemaker)     17 July 2013

Harassment by kotak bank creit card recovery

Hello everyone, 

 

I am a new member over here and I am in need of urgent help.

I am getting unwanted threatening , pesky , and abusive calls from the recovery agent who says who is calling me from Kotak Bank Credit Card Recovery in Rohini Sector- 8 , Delhi , he says his name is Mahesh . He says that My husband took a credit card from Kotak Bank in 2009 and since April 2009 he has not payments. We (I and my husband) never received any credit card statements, reminder letters etc from the bank and in the interim we shifted our house. I also, did not receive anything on our email.  I don’t know if this Gunda is truely a bank employee – telling me that his name is Mahesh and he is calling from Sector- 8 , Rohini Kotak branch from  following numbers :

9582305702 
9582306483 
9582306294 
9811814935 

 

He has called almost all my relatives and friends and has told them that (God Forbid) my husband is dead and he needs to talk to me privately. He uses foul languages all the time. He is sick and mentally ill. I have never received any written communication from the bank. (if there are dues – if any)  I am also not sure from where he got my numbers and the numbers of my relatives. He is publically disgracing me and my family publicly by spreading rumors and telling them to give my personal details like my contact number, address etc to him. I would therefore ask Kotak bank to pay me for the damages they caused to my and my family’s reputation. He has also bused me on my religion (I am a Muslim by faith). My husband wrote an email to the Kotak Nodal officers, but they are least bothered to respond. I am on verge of committing suicide as I feel that Kotak damaged all of my reputation.  One last thing, Kotak can check all call logs of their employee Mahesh who called my relatives from the above numbers to see how many times he called them through 12/07/2013 till date , calling them abusing them multiple times. He also told some of my relatives that If they do not provide him my confidential information, my father will die. Does Kotak have plans to murder or injure me or my father?

 

I hereby, seek help from the Lawyers and have following questions:

 

1.       What action can I take against kotak ?

2.      What kind of damages can I claim from them ?

3.      Do they have any legal right to do what they have been doing as stated above ? I do not owe them anything, but even if I do, can they use above pressure tactics to harass me or my family?

4.      Do you think they can misuse the “Willful Defaulters” guidelines issued by RBI to harass me or my family?

5.       What should I do? I feel depressed, demotivated. My husband and I do not have enough funds to fight a legal case. He is unemployed since 2010. There is hardly income or savings left with us. Please assist.

 

I know if I contact that Kotak Bank they will say that there Reocovery agent did not insult or humilate and my allegations are baseless.

 

Please advice.

 

Thanks

Saba

 

Saba.noida@gmail.com



Learning

 5 Replies

2BHelpfull (Other)     17 July 2013

As per RBI notification ,no bank can take illegal mean to recover the amt.

File a Case/complaint  in police station as soon as possible.

Rakhi Sharma (lawyer)     17 July 2013

Even My friend and his relatives and friends from New Delhi are receiving threatening, abusive  calls for an attempted false recovery from Mahesh (Kotak Bank’s employee) from following numbers:

9582306483

9582306294

9582308872

 

 

Please ask him and recovery agents to refrain from this criminal action immediately. This is not the way to degrade people publically and damage their reputation. 

Kumar Doab (FIN)     17 July 2013

Inform everyone to record all phone calls.

Escalate the complaints lodged with Nodal officer to MD,CEO of the bank also................................

Lodge police complaint in writing and under acknowledgment in local police station and in women police station in writing under acknowledgment. Mark a copy to local DGP/SSP. Involve community leaders, local councilor and well wishers.

 

In each police DGP/SSP office one police official has computerized support system and immediately obtain ownership detail of all phone numbers…………………

 

YOU MAY LODGE A COMPLIANT WITH:

Smt. Uma Subramaniam
Chief General Manager -in-Charge
Department of Non-Banking Supervision
Central Office
Centre I, World Trade Centre, Cuffe Parade
Mumbai-400 005.

Phone: 022-22153350

Email id: cgmicdnbsco@rbi.org.in

THE DETAILED DUTIES OF DNBS CAN BE SEEN AT:

( DNBS:  Dept. of Non banking Services)

D Subbarao
Governor
Reserve Bank of India
Central Office Building
18th Floor, Shahid Bhagat Singh Road
Mumbai-400 001.

022-22660868

Supreme Court of India has delivered judgments on harassment by recovery agents.

RBI, IBA has issued stringent guidelines……………..

You may go thru a thread which you may find relevant and useful……………

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

 

 

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     20 July 2013

agreeing with Mr Kumar Doab I will advise you to see views already aextessed at

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=76271&offset=2#.Uenb5azQzmk

Tarun jain (assistant)     19 August 2013

Dear mr kumar

Ur information gives me a new strength

As i m very much upset because kotak agents harras me and

my family members relatives and friends from last one month and nobody helps me

Evrybody told me that there is no use to talk to him plz leave the matter but they are continuosly

Torturing me but more that me my frinds and family member

And i want to teach them a lesson and ur information gives me a new energy and i think 

I will definately take action agInst them

 

Thanks

 


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