Vineet Srivastava 07 January 2016

Loan recovery

Hi,

I had taken a loan from a pvt bank in mubai in the year 2005 dec. Two installements were religiously paid. Unfortunately due to some family issues i had to come back to my hometown, keeping the loan unpaid.

now after 10 years of this, bank people came in contact with my relatives, and started harassing them for my loan account. I spoke to them and asked them to amicably settle the dues, of a lesser value as i am not in a good financial condition.

They have been repetedly calling up my relatives, my parents and speaking foul statements over the phone. They have not dared to do that with me as I did not boe down to them.

I need an advice, how to go about this, as I do want to settle this, and save my relatives from being harrased. Now at this point I'd Like to mention that i did try to seek help from the Local police station, unfortunately I was returned by them stating,It is not their business. If I am being harrassed, its my problem, I need to help myself.

Regards

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3 Replies

amit (stundent) 08 January 2016

well you should record all the foul language which they use on the phone .and as i seams they are trying to threatening you . you can file a case against them as this is not the way a recovery should be done .

but before this file a case of in civil court for settlement of yor loan so that when you launch a police complaint you can tell them the case is going in civil court and even that they are doing these kinds of things iff you are really serious about this issue

you can take help from consumer court and also can complaint the method of recovery to rbi.

but as i said as per the situation your conduct is not good as if now coz you were not paid any thing for last 10 years and the bank has no way to contact you so first file a case in civil court for settlement and then everyone will listen to you.

adv.raghavan (Advocate,9444674980) 09 January 2016

It is pathetic, as you said lodge a complaint in jurisdiction police, they will hesitate to accept it stating civil dispute, though we are mentioning only about wrong done by the collection agents. Send the complaint through register post to higher official (police) they will forward the same to jurisdiction station.Based on the complaint copy apply for private complaint with jurisdiction magistrate court and seek direction under 156(3) crpc. Above all if you have necessary proceeds initiate negotiation with the bank for amicable settlement, that will come in a long way in CIBIL RECORDS, rather having confrontationist attitude.