You can file a FIR with the police. You can also book them for harassment to senior citizen. You can file a consumer complaint and seek compensation for mental agony. You can also file complaint to banking ombudsman
Mental suffering for the negligence, carelessness, and mistake committed by Citibank
Hi Team, On August 26th , There was some random recovery agent coming to my house and said I have to pay money to Citibank and he came in the early morning around 7:05 AM . My father opened the door and spoke with him and the agent informed my dad that I hold 2 credit cards with Citibank and I owe to the bank up to 3 lakhs and you son is not answering the calls and that is why I came to the house early morning to recover money .The agent was very rude in his behavior and threating my dad and said will take your son to police station and file a case against him . My father age is 62 + and he was in panic stage and he is also very weak in health and he is having tough times with his health and also he is a heart patient . My dad assumed I took that money and did not pay it to the bank and he said my son is sleeping and come after 11:00 AM so he can talk to you. Later I woke up around 8:15 AM and my father asked me if I took any money from bank or did I give suruti to someone with the bank . I told him as I know I have only one card with Citibank and I think it is wrong information and my father was completely stressed out and his BP went high because he was still under assumption that I had to pay a lot to bank and we had discussion for 30 minutes. Later I called the agent and he answered the call and he started talking to me rudely and said I should repay the amount orelse you should also come to Bank with me and we will take legal action etc . Then I told him to talk to me politely which he didn’t and he was being very rude towards me and asking me to repay the money in next 2 hours . I told him I never got a notice and neither I have two credit cards and he was never understanding . Then I told him Sir , I am not owner of the card and I am not sure about which cards you are talking. Later the recovery agent said I will send the card details and which he did later on WhatsApp . Well both the cards number which he sent are not related to me but however I was thinking if I had ever applied any new cards or did I give any suruti to anyone and I don’t remember signing any document . In the evening 7:55 PM I called up bank on the same day and the representative said those cards belong to me and it is under my name . I told the rep , I never had two Credit cards with citibank and also I do not have any Credit card with those number . The rep said I will give you recovery team number and you talk to them and they can provide all the details . Later I told him there is fraudulent activity under my name and I said never had two cards but the Citibank rep was denying .Then I told him please take this as priority and something fishy is going on and he said sorry sir you have to make the payment . I was shivering and started getting tears in my eyes . Later I told the rep , Please consider once again and check as I never had two accounts and due to this issue my father BP has raised and he has fallen sick . Then the rep said you have to make
Asked 4 years ago in Civil Law
21 Answers
Cont.. Then the rep said you have to make payment . Then Later rep kept me on hold and he came back and validated my Pan Card details and finally said it doesn’t belong to me and sorry for the trouble . Later rep transferred the call to Manager and manager said due to erroneous we had sent the agent to wrong address and I told the Manager that your rep also asked me to pay the amount initially and later after I asked him to check the system multiple times, then he said it was wrongly sent . From Manager I was told that there were two person names which were same as my name and they thought I was the person who had to pay to the bank , so they have sent the recovery agent to my house . I said will send a legal notice to your company on sending a recovery agent thought we were never accountable for the issue . The debt recovery is based on erroneous information and I am not sure if it led to the loss of my CIBIL score. I would like to file a complaint on the Citibank from a lawyer for Trespass as the recovery agents of the bank illegally entered into your house without authorized permission and my father and myself were threatened from the recovery agent saying that he will send me to Jail and also he will file a case against us which will make our lives bad . The recovery agent was trying to forcefully recover the amount which we are not accountable and also it caused my father BP gone High and he was completely stressed for entire day and I was panicked and could not perform well on the Job and had multiple escalation from the client over the call . Recovery agent also talked to the neighbor that we did not pay the money to the bank and he damaged our self-respect in the society . He created mental Trauma in my family and my dad is suffering with high fever and high BP . Due to the issue with Citibank my family had mental suffering for the negligence, carelessness, and mistake committed by the company .Could you please let me know if I file a case
Asked 4 years ago
How do I proceed with legal battle
Asked 4 years ago
You can contact a local lawyer and issue legal notice to bank to pay you compensation for mental torture undergone by your d your family on account of threats received from its recovery agents
2) also complain to RBI against CItibank use of strong arm tactics
3) you can file complaint against bank before consumer forum and seek compensation for mental torture undergone by you
Contact a local lawyer
Issue notice to the bank.
File FIR for forcibly entering your house and recovery of money.
Criminal law will apply in such case.
1. Even if you have debt to be paid to the ban then also the bank can not resort to any extra judicial means to recover the loan.
2. Now if 3 years has passed from the date of your loan then legally the bank can not recover the loan amount anymore.
3. File a case before the consumer forum seeking damages and compensation for the wrongs done to you.
1. You can issue legal notice to citi bank seeking damages , compensation for mental harassment and trauma.
2. If on notice they fail to compensate filename consumer complaint to seek compensation.
3. Further you can also complaint before RBI against citizen bank for using force to recover the amount.
Yes file a criminal complaint for harassment, defamation and stress caused from this act of negligence and also file a damages suit atleast for Rs.50 Lac before the competent court.
you can file a compaint before the District Consumer Disputes Redressal Forum narrating there in all the facts and circumstances.
Fit case to pull them up. Begin with a legal notice. Shoot a legal notice to Citibank and claim damages, for defamation, harassment etc. Also, seek an unconditional apology from them. In case they fail to do the needful and do not pay you the damages/compensation, approach consumer forum/civil court against them.
Dear Sir,
You file the cases as you proposed. The best thing is to file criminal and civil defamation as follow
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What amounts to defamation
Defamation may be by words, either spoken or intended to be read, or by signs or visible representation. Any person who makes or publishes any imputation concerning any person, knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, to defame that person.
However there are certain exceptions
- It is not defamation to impute anything which is true concerning any person, if it is for public good that the imputation should be made or published.
- It is not defamation to express in good faith any opinion whatever regarding the conduct or character of a public servant in discharge of his public function.
- It is not defamation to express in good faith any opinion regarding the conduct or character of any person touching any public question.
- It is not defamation to publish a substantially true report or result of a Court of Justice of any such proceedings.
- It is not defamation to express in good faith any opinion regarding the merits of any case, which has been decided by a Court of Justice, or the conduct of any person as a party, or the witness or the agent, in such case.
- It is not defamation to express in good faith any opinion regarding the merits of any performance which an author has submitted to the judgment of the public.
- It is not defamation if a person having any authority over another person, either conferred by law or arising out of a lawful contract, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.
- It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of accusation.
- It is not defamation to make an imputation on the character of another person, provided it is made in good faith by person for protection of his or other's interests.
- It is not defamation to convey a caution, intended for the good of a person to whom conveyed or for public good.
Punishment for defamation
Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or fine, or both.
You can lodge FIR against Bank and agent for harassing you and your father.
Also lodge a complaint in Consumer forum against bank for sending recovery agent for recovering the due never taken by you.
Bank cannot send recovery agent to any customer as per order of supreme court and RBI.
You seek compensation from bank for harassment you have suffered.
Hi Team, I got various responses from different lawyers and thank you the response . As I never visited court or any lawyer , I would need some guidance and help me with detail instructions regarding below questions. Note : If you can help me with detail steps on how to file a complaint in consumer court and how to create a case etc . I am thinking to follow below steps and require assistance ..!! 1- I will issue legal notice to Citibank seeking damages , compensation for mental harassment and trauma . ( Question : Do I need a lawyer to send legal notice or else can I go ahead and send a written email or send a letter by post to the Citibank ? ) 2- If on notice they fail to compensate filename consumer complaint to seek compensation. ( Question : How do I file a complaint in consumer court ? Is it online and do I need a lawyer for this or else can I handle it myself ? ) 3- Further you can also complaint before RBI against Citi bank for using force to recover the amount. – ( Question : Is there any specific email ID where I can write an email to RBI orelse do I need to send it by Post ? ) 4- You can file a compaint before the District Consumer Disputes Redressal Forum narrating there in all the facts and circumstances ( Question : Can I do this after sending the legal notice and if they don’t respond to my legal notice and do I need a lawyer for this ? ) 5- You can lodge FIR against Bank and agent for harassing you and your father. ( Question : Can I do this right away before sending legal notice or else after legal notice ? )
Asked 4 years ago
१. Though not but it will be better because he will help you in drafting and pleading which is necessary because a notice becomes the base of the case.
2. No, this can't be file on line , it has to be file in the court of your area, which you have to search, though no lawyer is required but again I will say he will help you.
3. You may send a complaint but it will not help you.
4. Yes. Read with answer no.2.
5. Do right away, don't delay. Before sending the LN.
1) for issue of legal notice you need a lawyer
2) you can on your own send letter or email to bank
3) advisable to engage lawyer for filing complaint before consumer forum
4) it cannot be done online
5) you can do google search for email id of RBI complaints
6) you can lodge police complaint against bank and its agent for harassing you
You should hire an advocate for filing case in consumer forum.
Yes you can lodge FIR directly against the recovery agent and bank for criminal intimidation.
1. See it would be better if you engage an advocate to draft notice for you and send same.
2. You to do it before the consumer court, for drafting of complaint and representing you before the forum you can engage an advocate.
3. You can take email from website of RBI and can give a written complaint on address of RBI.
4. Yes after notice period is over you need to file complaint.
5. Yes police complaint can be instantly filed.
1. No you dont need lawyer but it's better if you seek lawyers advice.
2. You can file complaint to consumer court yourself you don't need lawyer.
3. Yes to RBI banking ombudsman.
4. Yes after your legal notice.
5. Yes
- As per the information mentioned in the present query, makes it clear that you have a strong case for compensation and you should also file a police complaint against that agent who come to your home for trespassing and threatening as it is not allowed by the bank to send recovery agent as they have other option of filing civil suit for the recovery of money.
- You should first send him a legal notice stating everything and then if they don’t reply or reply in negative then approach the court of law filing a civil suit for damages.
- And in the mean while also proceed to file police complaint against that agent and if necessary file 156(3) before the Magistrate to take the matter and get the FIR registered.
You do not have to beg the representative to this extent.
You could have told him to go ahead with the legal action he intends to take.
You can lodge a criminal complaint against the agent for his rude and insulting behavior.
They cannot take any action against you legally because they lack in the details about the credit or the outstanding loan as claimed by them.
Hence next time you dont ask them anything except to inform them to go ahead with their proposed legal action which can be challenged as per law.
You can very well send a legal notice to the citi bank on this grave error and seek compensation of a great amount due to the mental harassment and also for their insulting behavior.
Contact a local advocate and issue a legal notice, let the bank give a reply or not, you may proceed as per law in furtherance.
First issue a legal notice and then proceed with a defamation case under both criminal and civil laws.
1. You can send a legal legal notice by yourself also if you are knowing the procedures or contact a local advocate and get the legal notice issued through the advocate.
2. You can file a defamation criminal case as well as civil suit for damages instead of approaching consumer forum because you are not a customer to this subject hence it may not be maintainable.
3. Curb the habit of making complaints through email, it is always advisable to send the complaints b y registered post so that you can have an evidence which will speak volumes when necessary.
4. Yes, first issue a legal notice, exhaust the remedies and then proceed legally in furtherance.
5. You should have lodged a criminal complaint agaisnt the agent even before the matter was rectified, now it will be too late.