• Complaint against harassment of recovery agent

From last 2 weeks myself and my wife got harassed by some recovery agency from Mumbai. We only have phone numbers and personal number of one recovery agent as once he called from personal number to harass my wife. 

Here interesting fact is either my wife or myself don't have any loan with said bank. In 2007, brother-in-law of my wife got defaulted with a bank. By that time even I am not married that is this brother-in-law of my wife is some random person to me. 

Now the recovery agents repeatedly calling my wife asking her to repay the loan. I didn't get why should we get the call in first place. We tried our level best tell them that we are no way responsible for that loan. Even the loan documents they have doesn't have our names (of course, impossible to have my name as I haven't married by that time and my wife is still a student)

They are using all the abusive words they know and also threatening to kill her brother-in-law. Even though we don't have a recordings as our numbers are post paid we have statements to show that we got call from them. 

I am thinking of filing a criminal case against the person but I don't have their office address except for their landline number and personal number of one recovery agent. What should I do? My wife also got afraid if she files case, they might do anything to her brother-in-law

But after listening to abusive words used by them regarding my wife I decided to file a case but how to proceed is the question as we don't have address to send lawyer notice.

Please help us so that we can file a case
Asked 7 years ago in Civil Law

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5 Answers

1) lodge police complaint under section 506 of IPC against recovery agent for criminal intimidation

2) in your complaint mention name of recovery agent and landline number from which call received

3) your wife is not liable to repay loan taken by her brother in law

4) next time recovery agents call record their threats . It will help you in making out a case against the said agents

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

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1) bank has to sue BIL to recover its dues

2) it would not affect BIL adversely

3) if local police refuse to lodge complaint then you should complain to commissioner of police

4) you can also lodge private complaint with magistrate to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

Immediately go to the nearest police station to file a complaint for criminal intimidation under section 506 IPC. Give the complaint in writing and obtain the acknowledgment on the copy thereof. There is no need to send a lawyer notice as yet.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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But after listening to abusive words used by them regarding my wife I decided to file a case but how to proceed is the question as we don't have address to send lawyer notice.

Please help us so that we can file a case

You may lodge a complaint against the callers.

You dont need to know their address.

The police will trace out their details on the basis of their phone number itself.

Do not delay the complaint any longer.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

In my case I am not related to loan or bank in any manner. Can I include bank also in case and send notice to my nearest standard chartered bank branch?

The police cannot refuse to take the complaint.

They are obliged to receive the complaint and initiate proper legal action, if they dont then you may approach the higher police officer to seek direction to the local police on this.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

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