fake call

antim (Querist) 31 August 2015 This query is : Resolved
Sir, I am getting unwanted calls from some mobile number out of my state, from some trust and religious group to donate money. They are torturing me mentally. . What type of legal action I can take against them. . Plz reply..

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SAINATH DEVALLA (Expert) 31 August 2015
What is Telephone Harassment:

It is a type of threat over telephone. In most cases the harassment used to be aimed at insulting women, blackmailing opponents, demanding huge ransom money etc. In metro cities, telephone harassment has been the prime weapon of the hooligans. Before the launching of mobile phones the threat was comparatively less violent. Eve teasing has gone beyond our imagination after the onset of the moving telephones i.e. mobile phones. Debt collection is the portfolio entrusted to mafia gangs. They use mobile phones to threaten and humiliate the defaulter. Telephone, the symbol of advancement has degenerated into a tool for illegal harassment.

WHAT TO DO TO STOP TELEPHONE HARASSMENT IN INDIA

Law Against Telephone Harassment in India
How to make Police Complaint against Telephone Harassment
The number of women victimized by the harassment through mobile phones is on the rise day by day. Wooing women in the worst obscene manner has become the most horrible threat of the era. Exhibiting and blackmailing female nudity using mobile phones is another form of harassment and exploitation.
Till recently, the telephone was utilized by the new generation banks for lending money and selling their product.Their phone banking officers used to offer loans without guarantors or security. Imposing credit cards on the basis of telephonic conversation alone is another threat. Most of the credit card holders are unaware of the huge rate of interest which is often 42percent or above. Naturally this leads to default of payment and attracts the brutal threat and harassment of collection agency.
In the beginning the threat from collection agencies will be in a sarcastic manner. ‘Hello, sir, be careful while driving. You may be hit by trucks in the highway. So, better think of settling our accounts.'Or. ‘Nice of you sir, having bought all the tasty pizzas. But I am not sure if you will be alive by the time you reach home'. 'Be careful about your beautiful daughter She may be abducted. But, you can enjoy yourself with the money you borrowed from us. '

The next stage of conversation by the collection agent is full of threat in abusive words. The final stage of telephonic threat leads to brutal physical torture.

As per the Fair debt collection practice act, the collection agencies are not allowed to harass the defaulter at his place of work. It is illegal to threaten the defaulter over telephone too.
The RBI regulation specifies:
If the harassment is from the collection agency of banks, the first step is to lodge a complaint with the bank or NBFC. If the bank or NBFC refuses to respond within 30 days, the matter can be brought before the concerned banking Ombudsman. The concerned bank or NBFC will be liable to compensate for the insult and mental torture.

Kumar Doab (Expert) 31 August 2015
Record the calls.

Ask them politely that you have advised the callers to not to call again!

Ask the trust name and website and registration number and send email narrating that on dated...............called from phone number and you have asked them not to call again and trust should stop the calls at once.

If you are unable to handle entrust to your lawyer.

Shashwat Shukla (Expert) 01 September 2015
Lodge an fir against that number n copy of the same give it to ur concern operator he shall block that number. And if there r multiple numbers then write down a complaint to ur operator for stopping all commercial numbers.