If agents are harassing your sister then she should file police complaint against them
2) record their threats
3) Your sister should also complain to bank ombudsman against the harassment faced by her
4) also complain to RBI against the bank
Unable to pay emi due to health issues and unemployment
Last year my sister was victim of diabetes and thyroid symptoms which she froce to resign her job due to unable to travel in that condition and now she was pregnant with those health issue and unable to pay emi from last 2-3 months which was avail before marriage ( PL-unsecure loan). I have send mails and post to banks to reschedule or give moratorium but i didn't getting any response or co operation from them, I even attached her medical report with it. And now they sending agents to my sister's home and forcing to pay emi otherwise they say thay will visit her husband's house to collect those emi. She is facing metal disturbance on thinking of her personal life which her health was getting more serious.Her personal life I don't know what to do in this situation, my both parents are senior's above 60 age and we don't have proper property to settle all this.
Asked 1 year ago in Civil Law
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5 Answers
If they are sending agent to house you may issue a legal notice through your lawyer stating that they are indulging in illegal activities.
They should resort to recovery of loan amount through court alone.
If they still continue to do it then you can lodge a criminal complaint with police and seek protection and proper legal action against them.
- As per the RBI, the bank should give proper time and offers for the settlement of loan amount., on the ground of health and sudden loss
- If, the bank is not agreed to give time, then don’t worry and let them to start legal action against your sister.
- Firstly, the bank will issue demand notice prior to take legal action from the court. She can reply the same after narrating the whole story of financial and health issues.
- Even, if the bank filed a case before the Court, your sister will have much time to repay the said loan amount and to settle the matter according her present situation.
- If bank official/people are harassing, then she can do the following for his safeguard.
- She can lodged a complaint at the police station for harassing & threatening , as law not permits anybody to take the law in his hand. If police refuse, then he can approach the magistrate for the same.
- She can file an injunction case against the bank and its recovery agents for the direction of not visiting the house or office for the recovery of dues amount of loan.
- She can file a complaint with the RBI .
- Don't worry, In this way , the bank will itself try to settle the dispute with your sister.
You can file FIR against that agents and bank as well as file consumer complaint against them
Dear client, there is no rule or regulation which helps you in these situation. It is your duty to repay the money thich you have taken. You can negotiate with the bankers to give moratorium on the loan. The other option is to file an insolvency. And if they have been to court you can plead for one time settlement of the amount taken.
