• Recovery agents harassment and taking bike forcibly

Dear sir,
 I have taken a Personal loan of 2 lakh 80 thousand from Capital first LTD I was paying my monthly EMI 11850/- per month regularly since 11 months but I lost my job this feb month so couldn't able to pay this months EMI because I haven't got my salary I was left with nothing in hand.
But this capital first agent kept calling me every day so I told him give me some time to adjust money it's only one month payment pending, so please give me some time like one month till I get new job but they kept calling me one fine day they called me for payment they claimed to be Panjagutta Sub inspector saying that case is filed on me come to police station for settlement. 
Then I refused to go so very next day he warned me if I don't pay today they will come to my house and take the valuables. But today i.e 27/2/2018 group of 5 Gundas with heavy body came to our house along with capital first collection agent who visited my house two times then all of sudden they started abusive words and harassing me to pay then and there itself or they will take my Glamour bike and sell it for my pending EMI as I begged them for 2 hours finally warned me saying if I don't pay by tomorrow morning i.e 28 feb they want to come and take my bike forcibly or by beating me. 

They insulted me in front of my family and neighbor I feel shame and left crying in pain, I went to chikkadpally police station writing the same in paper to file a case but SI read it and saying it's civil case you do the payment and settle down the issue but I cannot pay by tomorrow I need some time like one month to adjust the payments. If they take my bike I can't even do a job to pay back loan I'm worried please help me what I can do?
Asked 8 years ago in Civil Law

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13 Answers

1. The recovery agent or the officials have right to claim the defaulting money but has no right to exercise extrajudicial measures to claim back the hypothecated proeprty.

2.So the actions committed the collection agent and the officials of the financial company is nothing but illegal for which they can be brought to books,

3.So lodge a complaint with police alleging criminal trespass, defamation, criminal intimidation and verbal abuse on which basis FIR can be registered.

4. You can file civil suit for injunction so no one can enter into your house agaisnt your permission.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Record their threats

2) you can file Police complaint of criminal intimidation under section 506 of IPC

3) if Police refuse to lodge complaint you can file complaint before magistrate under section 156(3) cr pc to direct poluce to investigate and submit report

4) borrow from friends and pay the over due EMI for bike

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello brother , it is really shocking what the police officer conveyed to you .. The officials in no way whatsoever , can use criminal force to extract money ..You don't need to succumb to thier illegal way of extracting money .. The only legal way they can claim money is by filing Civil sui for recovery ... It is advisable to visit commissioner of police or other senior police official and file a criminal complaint in writing under section 506 for threatning ... Take along elders of your family ...do get Back for further doubts .. Thank you

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

They can't take your bike.

This mode of recovery is sheer hooliganism and this sort of act is having no protection under law.

Once again go to the Police station tomorrow to lodge a FIR against the recovery agent and his henchman.

If the Station Officer doesn't registers your complaint, approach the SP Office and move a written complaint, asking him to look into the matter personally.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You do not have to listen to the Police if they are turning down your request to lodge a FIR.

If even the attempt to lodge a FIR fails despite writing/meeting the SP and SSP, file a private complaint before the Magistrate.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

Report the case before the magistrate under sec 156(3), they can not adopt illegal means to take the money from you.

Also you may talk to senior officers of the company in order to get a months time, may be that they are not aware about your situation.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) Try to meet the head of the company and explain all details and the bike is very important for you and its helping you to earn income source. Tell them I will pay in next month charge one month extra interest.

2) Before they come to your house you reach first to their office and keep your bike at any friends house and try to convince them above point number 1. Be brave talk to them, "have a heart of LION and tactics of FOX".

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

The Hon’ble Supreme Court banned the recovery agents being appointed by financial institutions and such forcible activity is nothing but criminal activity. You may file private complaint before a Magistrate and also approach media and see that the high handedness is video graphed and broad casted in the local TV’s.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Client,

Panjagutta Sub inspector saying that case is filed on me come to police station for settlement. -- Such kind of fake threat giving by agents, even u can complain to police. police has no role in EMI bounce, only CIVIL recovery through court,

Police cannot refuse to register complain, Agents can do soft recovery but no force.

And coming at home, abusing, threat are criminal act and police is bound to take action against them.

Complain to area SP or file FIR through court.

And if they enter in your house, amounts to criminal trespass, and took bike than case of robbery.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

It is nowadays illegal to forcibly tow the vehicle even if payment is not made. Supreme court has laid several direction for the same. You can file police compliant against then. You can also approach Consumer court against them. First pay your due payment.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The pol;ice cannot refuse to accept your complaint, you should rush to police commissioner office with similar application for taking action against the illegal activities of the collection agent.

You take the help of an advocate and immediately get into action otherwise you may have to suffer a heavy loss on this count

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hi,

You are suggested to file written complaints to higher authorities of police and at the same time, you are requested to arrange the funds to clear the loan.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

What SI said is wrong. If any body comes to your house and threatened and abused you certainly it attracts criminal nature. Even if you are in to them they should not force you. They have to collect from you by way of approaching court.

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

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