• Harassment by bank

Sir I took a personal loan from hdfc bank in 2008 but had a bad time after that . though in 2010 I did one time settlement with a recovery agency. I paid 1,50,000 in cash and took a receipt of the same. In the year 2013-14 a person visited me from HFC recovery dept and asked me to clear my dues. Surprised by the action I told him the facts but could not show any related documents of settlement as for me the matter was closed. I gave him the name of the agency through which I settled my case. The agent went back . sir now again after almost 2 years I am receiving calls for clearing bank dues and moreover they are threatening my wife. Please advice what can I do when I don't have any old documents to prove my settlement.
Manish kumar
Asked 1 year ago in Civil Law from Gurgaon, Haryana
1) claim of bank is barred by limitation . 

2) if your wife is being threatened she should  record the calls  and lodge police complaint of criminal intimidation against recovery agents  under section 506 of IPC  . 

3) if police station refuses to lodge police complaint then you can complain to commissioner of police regarding in action on part of local police station . 

4) also you can lodge private complaint with magistrate under section 156( 3) to direct cops to investigate and submit report 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
1. Are you in possession of the receipt you got when you paid Rs.1.5 lakhs by cash to the recovery agency.
2. If the HDFC Bank recovery dept does not acknowledge Rs.1.5 lakhs paid by you towards your loan to a recovery agency in 2010, register a cheating complaint against the company with the Police.
3. Record the conversation & threatening calls you are receiving and complain against the caller to the Police.
4. Send a legal notice through a lawyer.  
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
1. The settlement should have been made with HDFC and not with a recovery agency as you borrowed the loan from HDFC and not any recovery agency.

2. The bank can enforce its claim against you unless you are able to prove that it was a party to the settlement which was final in nature.

3. The bank's recourse is before the court. It cannot threaten you or your wife. You can lodge a complaint for criminal intimidation in the nearest police station against the bank.

4. When the bank goes to court you will be given an opportunity to contest and defend the claim.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Hi, you have to lodge a police complaint against the person who have threatened your wife and recovery agents can't recovery  the amount as per their wills and fancy.

2. So in the next time if they called you ask them to go legally and  don't bother too much to their calls.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
It is not clear from your facts whether HDFC bank from whom you took the loan was a party to the settlement made with the recovery agency. You must be having all the proofs of the payment made in the cash etc. the same needs to be showed to the HDFC recovery department by making a representation to them if things go out of hand. If your wife is receiving calls, record the same and get a police complaint filed against that as no threatening calls can be made to your wife for clearing the bank dues. If at all the bank wants to enforce the due, it must route itself through court. Please understand that if your cannot prove that a final settlement was made, the bank can enforce its claim against you hence it is advisable either to send a legal notice to HDFC bank stating the settlement details along with the receipt of the same.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. Settlement is not made with recovery agency but with the lending Bank itself,

2. Try to find out document which states that your proposal for one time settlement has been acepted by the Bank,

3. Try to find out wheather te amount of  Rs.1,50,000/- paid by you in cash was deposited with the Bank in your account or not,

4. Collect the account statement to learn about theposition,

5. Lodge a police complaint against the recovery agent to whom you had paid the said cash.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0
Dear Manish
Without settlement letter how can be proved that you paid the money.

it will be better to send a legal notice to bank and informed that you have already paid the amount to said recovery agency and it is the duty of bank to confirm from that agency.

the matter will be solved.

you may contact personally or over the phone after pay the consultation fee.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0

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