• Harassment

Hi,
I have a loan from loan tap and have been paying it regularly though in between few months could not pay on time so paid it later I changed my account as the earlier account on which the auto debit was set got closed then i told loan tap to update new bank details send and gave them new acnt chques many times and evry time they send me SEC 25 warrant issuance emails and evrything they engaged a third party gor recovery with whom am coordinating n making timely payments. Now they come back saying 3 emis not paid they do not have seamless coordination amongst themselves and then thry blame me their agent says he would get the interest n late charges refunded to me as they did not update my bank details but the head of their company is an a bullshit person he talks in a rude n abusive manner and denies evrything although i have proofs of all this.
Wat should i do now
Asked 5 years ago in Criminal Law
Religion: Hindu

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10 Answers

See if they harass you can file a police complaint and for deficiency on there part even after paying loan amount and EMI you can file a consumer complaint seeking compensation and damages for deficiecy in service and mental harassment.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hi,it is advisable to issue a legal notice to their HOD , intimating them of payments made by you , along with valid proofs .. Also directions to file a suit for damages if they provide harassment in future regarding loan payments 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Issue a legal notice to the bank narrating all those issues cited here. You can file a writ petition against the banker's illegal claim and exorbitant interest. It is a duty upon the banker's to issue a notice whenever the default arises. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1) as on date you are not defaulter 

 

2) you can complain against abusive behaviour of company officers in email addressed to the MD 

 

3) mention that on account of lack of coordination between company and its officers you are the sufferer 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

You have to file your complaint with the ombudsman immediately and if you do not receive reply in 15 days and solution you complaint in Consumer Forum and claim the compensation for mental agony for harassment and legal charges for the case.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, harassment against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You send them a legal notice and if they still harass you can file Complaint to banking ombudsman and consumer court.

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

You should get send a legal notice along with xerox copies of all the EMI details and also lodge complaint with Ombudsman.  The Supreme Court judgments as follow's may be relied upon:

 ICCI Bank Limited vs. Prakash Kaur case,

 

The Supreme Court in a landmark judgement  reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives.
     
"We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said.
     
The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank.
     
It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations.
     
The court also directed the concerned Deputy Commissioner of Police to submit the investigation report in the Delhi High Court.
     
According to the court, complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks recovery agents would be viewed seriously.
     
Reiterating the RBI Guidelines on Engagement of Recovery Agents, the court said, "The Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban."
     
"RBI had expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law," Justice Bhandari, writing the verdict for the bench, stated.
     
RBI in a letter accompanying its April 24, 2008 Guidelines had stated that it might consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period.
     
ICICI Bank had moved the apex court seeking deletion of some paragraphs in the High Court order which had said that "...the proximate cause of death of the deceased that led him to commit suicide was on account of humiliation caused by the Bank people from where loan was taken by him."
     
"The modus-operandi employed by the banks like ICICI for realisation of their loan amount and for recovering the possession of the vehicle against which loans are given is extra legal and by no stretch of imagination they can be permitted to employ musclemen and goons for recovery of their dues even from a defaulting party," the High Court had observed.
     
The High Court order had come on a petition filed by Shanti Devi Sharma, the deceased's mother, seeking a probe against the ICICI bank and its staff for the unlawful action, which led to the suicide of her 34-year old son Himanshu Dev Sharma.
     
Sharma had committed suicide in October 2005 by hanging himself at his house after he was allegedly intimidated and humiliated in front of his neighbours and family by recovery agents employed by the bank for recovering the loan amount taken for his motorcycle.
     
The ICICI Bank had contended that it was within its rights to recover loans and had followed the required procedure for recovering dues.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the agents have been harassing you for paying the pending loan emis, despite the fact that they have made mistake by not updating your account details.
  2. Let me enlighten you sir, that as the recent rulings of our Hon,ble Supreme Court of India and other several Hon’ble High Courts, it has been held that recovery agent can’t force you to pay as they have a legal remedy with them to file a suit for recovery in you are not paying at all.
  3. This time tell the perks that you would file a police complain against him as at the end you would pay for sure, but this is not the way to harass someone.
  4. And file a police complaint against that person. Then they would understand the wording of law for everyone.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

If any recovery agent behaves in an arrogant manner, he can be taken to task by making a complaint with the local police.

Alternately you can issue a legal notice to the company mentioning the atrocities of the recovery agents and excess demands of money.

You keep a track of the payments made by you and secure the evidences to tackle the issue legally at a later stage.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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