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Legal Action against Harassment by Recovery Agent

I have some amount pending on credit card payments and am being harassed by recovery agents. What should I do about this?

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Team Legistify
Team Legistify

Team Legistify

  • Answered on 02:22 PM, 28 Sep 18
Regarding the harassment being faced by you through the recovery agent, we advice you make a written complaint to the bank and to the police about the action of the recovery agent as banks cannot use illegal measures to recover their dues. With respect to the settlement of the credit card dues, you can reach out to the bank representative to provide you the best possible option.

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Advocate Kishan (Retd. Judge)
Advocate Kishan (Retd. Judge)

Advocate Kishan (Retd. Judge)

  • Malleswaram, Bengaluru
  • 34+ Years Of Exprience
  • Answered on 02:23 PM, 28 Sep 18
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Yes, whether the amount is small or big, not an issue. The MNC’s earn lot with such small amounts. For eg, SBI earned more than R.1,000 Cr by charging Rs.50/- only. You have following options

  1.  To send a reply to notice by yourself ( no effect)
  2. To send reply notice by a lawyer (costly and may not result into any positive result)
  3. Complaint to Consumer Forum for damages
  4.  Online Complaint with Ombudsman

The RBI has stated the following: 

  • Generally, a time limit of 60 (sixty) days may be given to the customers for referring their complaints/grievances.
  • The card issuing bank/NBFC should constitute Grievance Redressal machinery within the bank/NBFC and give wide publicity about it through electronic and print media. The name and contact number of designated grievance redressal officer of the bank/NBFC should be mentioned on the credit card bills. The designated officer should ensure that genuine grievances of credit card subscribers are redressed promptly without involving delay.
  • Banks/NBFCs should ensure that their call centre staff is trained adequately to competently handle all customer complaints.
  • Banks/NBFCs should also have a mechanism to escalate automatically unresolved complaints from a call centre to higher authorities and the details of such mechanism should be put in public domain through their website.
  • The grievance redressal procedure of the bank/NBFC and the time frame fixed for responding to the complaints should be placed on the bank's website. The name, designation, address and contact number of important executives, as well as the Grievance Redressal Officer of the bank/NBFC, may be displayed on the website. There should be a system of acknowledging customers' complaints to follow up, such as complaint number/docket number, even if the complaints are received on phone.

The moment you realize a fraudulent transaction is being carried out on your account, you will have to act swiftly:

  1. Inform your bank of the unauthorized transaction as soon as possible, maximum within 3 days of the occurrence. You can do this by contacting them via phone banking facility, SMS, email, toll-free number or by visiting a bank branch. 
  2. First, approach your bank with a written complaint.
  3. You can approach the Banking Ombudsman if:
    • You have not received a reply from your bank within one month from the date of receipt of complaint by the bank OR
    • The bank has rejected your complaint OR
    • You are not satisfied with the bank's reply
  4. No complaint to the Banking Ombudsman shall lie unless:
    • Written representation was made to the bank and either the bank had rejected the complaint or no reply was received from the bank within 60 days of receipt of complaint or in case of the unsatisfactory reply received from the bank.
    • The complaint is made one year after the rejection of the representation by the bank or dispatch of final reply by the bank on the representation.
    • The complainant is not in receipt of the same subject matter if settled by the Banking Ombudsman in previous proceeding/s whether received from the same complainant or any one or more of the parties concerned with the subject matter.
    • The complaint is not the same subject matter, for which any proceedings before any court, tribunal or arbitrator or any other forum is pending or a decree or Award or order of dismissal has already been passed by any such court, tribunal, arbitrator or forum.
    • The complaint if not frivolous or vexatious in nature.

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