LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Icici bank - harassment over personal loan after 8 yrs

Page no : 2

Biswanath Roy (Advocate)     20 June 2014

As to your statement of facts it appears that the claim of ICICI  Bank is time barred that is why they are trying hard to get some documents signed by you through some designed agents.  DO NOT SIGN ANY PAPER OR DOCUMENTS.. Hire two muscle men for a month for your personal protection from the hands of aggressive so called Bank agents so that if any untoward incident occurs those musclemen can beat them well. For such beating if you face any criminal case contest that which will be ultimately in your favor because of the fact that the demand of the Bank is apparently time barred.

1 Like

Kumar Doab (FIN)     20 June 2014

The female employee/agent of the bank might be calling from one way landline numbers however if you have recorded the calls (keep memory card safely) and buy 2-3 cards…………………………and keep one in locker and insert another after each incidence even if it still has space or memory.

 

The Police can match voice thru ‘Sound Spectrograph’ in its FSL/CFSL (Forensic Science Lab) and this is irrefutable evidence.

 

It is one of the possibilities that Bank has allowed the amounts to swell with heft penal charges, by not communicating by effective mode of communication and has sold the debt to ARC/Recovery Agency and the agency has further let it swell further and now anytime it may send the entry to CIBIL claiming that you are not cooperating etc……………………….

 

You may demand certified copies of all communication (by email, letters etc) with POD of bank to its agencies, CIBIL etc………………………

 

Your lawyer would know how to link and draw inferences in the court………………………and press criminal charges……………………………

 

 

Record everything and transact in writing with Police…………………….if reqd. your lawyer can issue legal notice to Police SHO/Commissioner as well……………………

 

 

 

 

1 Like

Thanicka (ceo)     20 June 2014

Thanks Biswanath Roy sir.

I don't need any muscle men sir. I don't resort to such kind of activities. For my luck, I have a retired police officer in my apartment. When he came to know about this issue, has asked me to call him anytime these people come home and threaten me. Also my advocate is just a call and minutes away from reaching my place to protect me.

Thanicka (ceo)     20 June 2014

Thanks Kumar Doab sir

I am consulting with my advocate. A formal complaint has been put in front of ICICI top officials along with a complaint in local police station, with copies to RBI governor and Banking ombudsman. 

T. Kalaiselvan, Advocate (Advocate)     21 June 2014

From your contentions it appears that the personal loan you availed from ICICI bank though you stated to have settled has not been properly vouched upon by the staff working at that time.  The staff of ICICI bank or for that matter many private banks are not permanent in nature, to my understanding the present staff in that place may not be knowing what had happened that time, they will not be bothered to dig out the records of payment which might have been erroneously omitted to be recorded in the books of accounts by the erstwhile staff.  However, though the bank staff very well know that they cannot recover any money from you legally at this belated stage since the case is hopelessly barred by limitation, they are trying to put pressure on you so that you commit in writing accepting the liability and then to initiate proper legal course of action against you.  Please be very cautious while dealing with them in any manner i.e, while orally or in written communications.  Be in consultancy with a local lawyer and proceed as per his advise.

1 Like

Thanicka (ceo)     21 June 2014

Thanks T. Kalaiselvan, Advocate sir

Yes sir. The following are the steps taken by me.

  1. Complaint registered with ICICI CEO, Chairman, Quality control Head, Customer service - Clearly stating the loan/debt is hopelessly time-barred as per rbi instruction and recovery cannot be initiated and I decline to accept any loan/debt shown in my name. Also listed out the harassment activities with phone numbers and other record details of the immoral and illegal activities of ICICI representatives via email.
  2. Also the same copy of complaint has been forwarded to to the notice of RBI Governor, RBI Banking and Non-Banking Supervision Chief General Managers and also RBI Ombudsman in my city via Speed post.
  3. Local police has been notified about the harassment and visit by ICICI representatives by visiting our house premises.
  4. My advocate is issuing a legal notice over ICICI Bank stating the limitation and also the harassment and immoral/illegal activities of ICICI representatives. 

Now we are waiting for the response of ICICI Bank management, and also willing any representatives call/visit so that we could put them behind bars immediately. First time, the people who visited never showed their ID cards and ran off when my advocate took me to his office. This time I have the support of my advocate, fellow apartment residents and also have notified the local cops. So any one who visit is going to be in trouble and we are prepared for that.

Kumar Doab (FIN)     21 June 2014

Your resolve is appreciable. Such individuals be it bankers are not fit to be left to loose around in a civilized society and their proper place indeed is in correctional centers & behind bars.

We have acted even tougher than you and such people from banks like M/s HDFC begged apology in person by touching knees and are not seen around in the society. They can show their videos to their families.

You may come back to this forum any time.

We will support you.

T. Kalaiselvan, Advocate (Advocate)     21 June 2014

@ Thanicka: Nice to hear you have taken proper legal steps as envisaged in the law as well as what is practically possible.  All your above cited steps are very appropriate.  Thus, hope the problem will be solved sooner or later in response to proper and prompt action taken by you.Hope there is nothing more to be added to this, however, you may return to this forum if the problem still persists, seeking opinions from experts on further course of action.

Thanicka (ceo)     22 June 2014

Thanks Kumar Doab sir and T. Kalaiselvan, Advocate sir.

Only thing which worries me was.

  1. The same numbers i mentioned has numerous complaints on consumer forums
  2. The same branch (bommanahalli collections) has numerous complaints on consumer forums

Why wasn't any action taken on them till date. Also even if its paid or unpaid, when the consumer tells take action through court of law, why aren't these banks and its agents obliging to that. 

Are we leaving in a society were only rowdism has values?

Kumar Doab (FIN)     22 June 2014

Obtain printouts of all such complaints.           

DRAW THE ATTENTION OF SUCH CITIZENS TO THREADS AT LCI AT WHICH MEMBERS/EXPERTS HAVE DISCUSSED THE REMEDIES IN DETAIL AND HAVE SHARED THE RULES/LAWS/JUDGMENTS.

 LET THEM ALSO GAIN CLARITY,CONFIDENCE AND SENSE OF DIRECTION ON HOW TO PROCEED.

SHARE THE SUCCESS STORIES AMONGST ONE AND ANOTHER.

 

 

 

Each and everyone should record all calls and put recorded calls on social forums like facebook, tweeter……………………………..

I am sending you some link’s and you shall know citizens in fact do it……………..

 

There are ways to handle such issues.

All affected citizens in different corners can unite and lodge police complaints at various locations……………………………..

Obtain ownership details of this phone number from SSP/SP/Police Commissioner Office…………….. 

Once there is a united community then at least from a state the united forum can approach high court………………………..against the non action by Police, Bank, BO, RBI…………………

Lodge criminal complaint…………………….and get the non bail able summons issued against MD of the bank…………………………………and in court they can’t deny that their staff is not involved…………………

 

The problem has spread like epidemic and in fact if you go by the published complaints, decisions by courts of law the bank, bankers are biggest  contributors of burden of litigation on citizens and are habitual offenders…………………………

 

                                                                                                                     

It has been of course felt that RBI,BO has some soft corner for banks, bankers, and place them as victims at the hands of citizens that are non bankers………………………….

 

 

Otherwise RBI has been given enough and sharp teeth to cancel the license of such offenders……………….

Thanicka (ceo)     22 June 2014

Thanks Kumar Doab sir.

A formal legal notice has been issued by my advocate today and will be reaching the ICICI Head offices by tomorrow or day after by registered post. Now it is for them to reply with an apology and explanation. My advocate has clearly stated

  1. The conditions on time-barred limitation of any loan as laid by RBI.
  2. The immoral and illegal activities of ICICI bank and its representatives even when we have asked them to take legal actions through court of law.
  3. If they don't come up with written reply and apology to the notice sent they will be required to face criminal proceedings in court of law for bringing in the rowdy elements.

When I officially get the reply from bank / rbi / ombudsman, I will update the scanned documents for others to take a note.

icicibankcare (Bank)     24 June 2014

Dear Sir, 
 
An e-mail communication has been sent to you on June 23, 2014, addressing your concerns.
 
Regards,
ICICI Bank Customer Service Team

Kumar Doab (FIN)     24 June 2014

@ Thanicka,

If you carefully go thru all threads in which this  icicibankcareICICI Bank Customer Service Team

has posted some comments you shall observe:
 
1. Many of the lawyers have advised against dealing with him/her and M/s ICICI Bank and to pursue legal recourse thru lawyer.
 
2. The intention seems to be to prevent further posts in legal/social portals and avoid bad publicity.
 
It seems to be unbelievable that this so called this  icicibankcareICICI Bank Customer Service Team, has ever advised on record the Chairperson of the M/s ICICI bank Chanda Kochar to take steps and remove such illegal,unlawful, criminal, rowdy practices and elements.
 
Otherwise just one mail form Chairperson is sufficient to put a permanent full stop to such practices.
 
You may attach scanned documents and also  said email quoted by this  icicibankcareICICI Bank Customer Service Team in this post.
 
You should advise all concerned at all social/legal/consumer portals to refer to this and other threads  mentioned in this thread, in previous posts.
 

Thanicka (ceo)     24 June 2014

Dear icicibankcare

This is what the content of the mail read.

"We have also verified the calls made by our officials regarding the pending dues in your loan account and would like to submit that there were no rude calls. Our officials tried contacting you on the numbers available in our records and the calls were made only to remind you of the pending dues in your loan account. We would also like to clarify that our officials/representatives are sensitised/trained to follow the Code of Conduct for Collections and Recoveries laid down in accordance with the guidelines of RBI/IBA/BCSBI."

That was just an eye wash mail from ICICI Customer care. Anyway as I have initiated legal notice via my advocate, I wouldn't comment on that. 
 
Also please note that I received your mail by 17:05hrs. But after that by 17:45hrs one another representative of ICICI called me to my mobile and have conveyed a message that ICICI needs some time to look into the issue and they will revert back to me.

Thanicka (ceo)     24 June 2014

Yes Kumar Doab sir. These people are well trained to just copy a template and send it as mail to close the issue.

As said earlier, I have escalated this complaint to ICICI CEO and Chairman along with RBI official, also a legal notice via my advocate is served to head office and concerned regional offices of ICICI Bank. Let them come with a written reply to that.

I have the incoming call statements and history of calls made to my professor and other flat residents. So if ICICI was so sure in sending a feedback about their employees/representatives quality, I can legally ask them for an explanation for those kind of unwarranted calls, which they are bound to answer me any day.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register