Personal loan
DHANRAJ
(Querist) 17 July 2016
This query is : Resolved
DEAR SIR;
I HAVE TAKEN A PERSONAL LOAN OF RS. 1,000,00 FROM NON-BANKING FINANCIAL INSTITUTION.ALL OF A SUDDEN I HAVE LOST MY JOB WHICH RESULTED IN TROUBLES PAYING MY EMI. I TRIED TO TALK WITH THE LENDING INSTITUTION BUT THEY HAVE REFUSED TO LISTEN TO MY REQUEST. I HAVE DEFAULTED BY 3 EMI CONSECUTIVELY AND NOW THE RECOVERY AGENTS APPOINTED BY THE LENDING INSTITUTION ARE HARASSING ME LIKE ANYTHING. THERE BEHAVIORS ARE REALLY SCARY AND DISRESPECTFUL.THEY KNOCK MY DOORS ANYTIME AT NIGHT. I TRIED INFORMING THIS TO THE LENDING INSTITUTION BUT THEY DID NOT PAID ANY ATTENTION TO MY REQUEST. AS A LAST ALTERNATIVE , I TRIED REPORT THIS UNBEARABLE BEHAVIORALS OF RECOVERY AGENTS TO LOCAL POLICE STATION. BUT THE PSI SITTING AT THE STATION SEND ME AWAY WITHOUT TAKING ANY ACTIONS BY SAYING THAT THIS IS CIVIL COURT MATTER AND I CAN'T DO ANYTHING . YOU GO TO COURT AND COMPALIN.
I SEEK YOUR ADVISE WHAT SHOULD I DO AND HOW CAN I STOP THESE RECOVERY AGENTS COMING TO MY PLACE ?WHAT LEGAL ACTIONS CAN BE TAKEN AGAINST THEM AND WHERE TO COMPLAIN ?
PLEASE GUIDE ME.
THANK YOU.
Sudhir Kumar, Advocate
(Expert) 17 July 2016
I HAVE LOST MY JOB WHICH RESULTED IN TROUBLES PAYING MY EMI.
lender is not responsible for the same
Sudhir Kumar, Advocate
(Expert) 17 July 2016
I TRIED TO TALK WITH THE LENDING INSTITUTION BUT THEY HAVE REFUSED TO LISTEN TO MY REQUEST.
why should they listen and why should they agree that you will not pay.
Sudhir Kumar, Advocate
(Expert) 17 July 2016
I HAVE DEFAULTED BY 3 EMI CONSECUTIVELY AND NOW THE RECOVERY AGENTS APPOINTED BY THE LENDING INSTITUTION ARE HARASSING ME LIKE ANYTHING.
Nothing new.
Sudhir Kumar, Advocate
(Expert) 17 July 2016
THERE BEHAVIORS ARE REALLY SCARY AND DISRESPECTFUL.
THEY KNOCK MY DOORS ANYTIME AT NIGHT.
they are not know to be police or respectful. they are know to be doing this.
Sudhir Kumar, Advocate
(Expert) 17 July 2016
I TRIED INFORMING THIS TO THE LENDING INSTITUTION BUT THEY DID NOT PAID ANY ATTENTION TO MY REQUEST.
why should they pay attention to this while they themselves are appointing them for this job.
they must be happy when you tell them that the goons are doing their job well and justifying their wages.
The institution is getting the value for their money.
DHANRAJ
(Querist) 17 July 2016
Mr Sudhirkumar;
I have read your reply and thank you for your kind opinion given. But I would like to know from you that if someone fails in repaying the Loan amount taken in time, than the lenders are allowed to deploy GOONS to recover ? Is this what want to say ? And there is no other legal alternative to stop such illegal tactics ?
Sudhir Kumar, Advocate
(Expert) 17 July 2016
AS A LAST ALTERNATIVE , I TRIED REPORT THIS UNBEARABLE BEHAVIORALS OF RECOVERY AGENTS TO LOCAL POLICE STATION. BUT THE PSI SITTING AT THE STATION SEND ME AWAY WITHOUT TAKING ANY ACTIONS BY SAYING THAT THIS IS CIVIL COURT MATTER AND I CAN'T DO ANYTHING . YOU GO TO COURT AND COMPALIN.
Nothing new.
They keep the local thana well bribed.
At times they even employ retired policemen and very few people know that such like liaison with police if proved can lead to cancellation of pension of such ex-cops.
The stand of police in the given facts is illegal. They are trying to put cart before the horse.
The police is required to tell the goons and the bank to go to the court and complaint against non-payment as it is civil matter.
Intimidating someone without court order of recovery is not a civil matter it is a criminal matter.
I am sure that (correct me if I am wrong):-
(i) you never dialed 100 when you were disturbed at night.
(ii) you have not given written complaint to the SHO and copy to SP.
(iii) You have not complained to RBI or the Registrar as the case may be.
Sudhir Kumar, Advocate
(Expert) 17 July 2016
Finally these are your dues you have to pay with interest (which keeps increasing with change of date)
DHANRAJ
(Querist) 17 July 2016
Mr Sudhirkumar;
I have no intention not repaying the dues, which is several times informed to the lender .I only requested for granting me some time or reducing my EMI. But the request was not listened by him.
As you have mentioned that Police is required to tell the GOONS to go to Court, but what if Police himself does not listen to the complaint. ?
Kumar Doab
(Expert) 17 July 2016
The borrower wants to pay and is facing difficulties.
RBI has issued guidelines for such borrowers and lenders.
Th recovery agents can not come at night etc etc......
You may go thru:
http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp
Approach a very able counsel specializing in consumer matters.
Sudhir Kumar, Advocate
(Expert) 17 July 2016
"what if Police himself does not listen to the complaint. ? "
your blog does not contain any information if you have
(i) dialed 100 when you were disturbed at night.
(ii) given written complaint to the SHO and copy to SP.
(iii) complained to RBI or the Registrar as the case may be.
Rajendra K Goyal
(Expert) 17 July 2016
Record all misbehavior / threats etc.
Lodge written complaint with the police and forward copies to seniors.
P. Venu
(Expert) 18 July 2016
If the Police is not cooperating, you may approach the jurisdictional Magistrate under Section 156(3) CrPC.
Kumar Doab
(Expert) 18 July 2016
We have suggested.
You have to act to handle the situation.
Dr J C Vashista
(Expert) 20 July 2016
Well advised by experts, noting left to add.
Consult and engage a local prudent lawyer for proper guidance and proceeding.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
you asked
"But I would like to know from you that if someone fails in repaying the Loan amount taken in time, than the lenders are allowed to deploy GOONS to recover ? Is this what want to say ? And there is no other legal alternative to stop such illegal tactics ? "
They are not authorised by law to employ goons rather it is violation of RBI directives.
Police is the only agency to deal with goon problem (even if the goonds are retired cops).
You have already been told what to do when they approach you at odd hours to threaten you?
You have already been told what to do if police does not register case.
You have already been told what to do any of the goons is ex-cop.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
yuou said
"I have no intention not repaying the dues, which is several times informed to the lender .I only requested for granting me some time or reducing my EMI. But the request was not listened by him."
WHY SHOULD THEY LISTEN.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
"As you have mentioned that Police is required to tell the GOONS to go to Court, but what if Police himself does not listen to the complaint. ?"
YOU HAVE TO GIVE A COMPLAINT to Ilaqa Magistrate.
You can even[personally meet SP.
DHANRAJ
(Querist) 21 July 2016
THANK YOU ALL FOR YOUR CO OPERATION AND VALUABLE INFORMATION PROVIDED. I AM HIGHLY OBLIDGED.
REGARDS
Kumar Doab
(Expert) 21 July 2016
You are welcome.
It is good to see some querist/authors come back to thank the experts.
