tejinder (director) 13 October 2012

Enforcement agency

my account is N.P.A. since 29/09/2011. after 6-7 months of issue of notice under 13(2) the unknown people start visiting my home & factory permises & spoke non sense words to my emoplees & neighbors when i appoarch to bank & inform about it they refuse that they have send any one to my office /home.

Than i send lot of e-mails to bank with R.B.I. notifaction's copy regarding the appointment of recovery agent & inform bank that if they will not inform regarding the appointment of recovery agent than i will file R.T.I. for it than bank send me this e-mail:The Enforcement Agency has been engaged by the Bank on 17.08.2012 who will assist the Bank in further proceedings under SARFAESI Act .The Notice under Section 13 (2) of SARFAESI Act was sent to you on dt 10.10.2011 .

but in our notice there is no detail of this agency.

i search lot in R.B.I. & BANK website but there is no word any where enforcement agent or agency

kindly help me is there any R.B.I. or fianace minisitery notifaction regarding the appointment of this type agency & if possible copy of notifaction & its rules

copy of R.B.I notifaction & rules regarding the appointment of recovery agent attached

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2 Replies

RAJU O.F., (Advocate) 15 October 2012

If any such persons as recovery agents visit your place, ask them to show their ID card. Ask also copy of their authority to make claims from you. If possible obtain their photos over your mobile. Keep records of their visits and their statements. Approach an advocate conversant with the subject and file criminal complaint against the bank officials and also the recovery agents if they violated the prescribed rules.

(Guest)

In addition to Shri Raju's advice, I would like to suggest, just call the police control room at 100 if some of such agent fail to show you his identity card or start harassing and misbehaving. In fact, a few of the recovery agents just to grab hefty commission for their recovery effort start harassing the borrower and his family members at their own, which is illegal. You may also advice your family members, staff and neighbours, if such things rehappen in near future.