Harassment by Recovery Agents

This query is : Resolved 
 

(Querist)
28 September 2016

Dear All,

​My name is Vinit Jagtap and with utter shame and disgrace would like to bring to your notice that there has been lot of harassment done to my Family, in-laws, colleague e​​tc. ​by your recovery team headed by Nilkant Parab in Mumbai.​
​There has been constant throwback of calls from the recovery team to my family members, office staff and in-laws​ and have been torturing these people for no reason. There has been extreme use of obscene language and not ready to listen attitude by the lady who says her name is Priyanka (am sure it's fake). Lot of people are being troubled in this all mishap. Worst of all she proclaims that I, Vinit Jagtap had defaulted the payment.

It all started with a call from Priyanka (+91 9029005128) received by my sister (Mrs. Vishakha Mishra) demanding the money towards the deferred payment ​of a​ credit card - 4166464300564952 owned by Ashish Mi​​shra.​ Vishakha was unaware about this default as it the account is very old and had used it before their marriage.
​​
2nd Victim was my wife Mrs. Mugdha Jagtap, she got a call on her cell phone claiming that Vishakha Mishra has defaulted the payment. Then after few minutes they started repeatedly calling on the office landline no. Used the profane language while talking to the office staff and didnt stop thereon, they insisted to have a word with the Principal of the school. Clueless of where they wanted to take the conversation to. My wife works in a school and they cannot take of the landline of the school as it is for the students and parents communication. Strict disciplinary action is taken by the Office administration against Mugdha for sharing the contact details (which she didnt share).

3rd Victim,Mrs. Sharda Salve my Mother-in-law (No Connection whatsoever). She received a call from this annoying lady name Priyanka who claimed that Vinit Jagtap your son-in-law has borrowed money from us and is not paying it. Priyanka didnt stop there she called my Mother-in-law's office in Mantralaya and started demanding money. It was such a shame to use the profane language in the office as well as her cell phone. In Utter disgrace mother-in-law even requested to disclose the due amount which she said will come and make the payment. But this over-infuriating Priyanka was not ready to disclose the amount. My mother-in-law was under the impression that me (Vinit Jagtap) has defaulted the money.
4th and 5th Victim - Shruti Salve and Sushma Salve, my sisters-in-law got a call from Priyanka and again the whole story repeats thereby.


This entire call misery happened over 2 days. Continuous calls resulted in purposely ignoring their calls. All this while your recovery team failed to reach out to the borrower (Ashish Mishra) who is ideally defaulter for this account. However, there has been no calls to Ashish Mishra in these 2 days. He was answering our calls which thus proves that he was reachable but your team didn't insist to call him and have tortured the innocents who has no connection to this account whatsoever.

On Friday 23rd Sep 2016 to find out a resolution on this, I took a leave from my Office and decided to finish off this matter. I, with Mugdha and Vishakha visited Rambaug, Kalyan's branch of Kotak. Mind you still there was a continuous flow of calls and upon reaching the branch I made the bank staff attain that incoming call. In-spite of the assurance that We are at the branch in the background they were harassing and abusing Mrs. Sharda Salve, Shruti Salve and Sushma Salve.

While the bank staff Mrs Thakre spoke to the recovery team she asked for the identity and the person said that his name is Mr. Nilkant Parab. He defined her the case history and the account withstanding. I asked Mrs. Thakre in order to immediately put stop to this annoying calls what is the amount we need to pay. Like a defiant convict I was ready to payoff the dues. ​​And to know the exact amount she pulled out the contact number of Mr. Nilkant Parab​ from your database and called him and to an irresistible shock he said that he was not the one whom Mrs. Thakre spoke to on the call on my incoming number. Absolutely shattered and clueless of the situation, whether the calls were genuine. The only assurance that I was in the bank and the bank staff would lie face-to-face.
So in order to get rid of these never-ending and disgusting calls I asked Mrs. Thakre that I will pay the money on behalf of the defaulter. I immediately arranged for the cash and paid it over the cash counter. I have enclosed a copy of the deposit slip amounting INR 32637/- got the acknowledgement letter as well from the bank.

Now, I have paid the money. but during the course of time there has been a different Family issue that has aroused. My in-laws, my Wife were tortured to an extremely higher level. And it has adversely publicized that I have defaulted. In the views of my in-laws I have become villainous role and have demanded for separation of the relationship as well. Until now it was recovery team, but I have done research on this and have come to know that recovery team represents the Bank and hereon it would be Kotak that needs to be dealing with this matter and help me resolve it at the earliest.

​Kotak Bank has induced adoption of uncivilized, unlawful and questionable behavior of the Recovery team lead by Mr. Nilkant Parab. I have checked the bank's website and the list of Recovery agents where I clearly see that there are 4 Nilkant Parab(s) which within is a fraudulent. I have a deep concerns with his team members - Mr. Sachin Jadhav (Contact No- 8454060342 / 7208139981), Priyanka (Contact No- 9029005128)​​​. They have no debt collections etiquette, no mannerism to talk, uncivilized behavior​. They will provoke you to use the abusive language over the call.

For eg. there has been no code of conduct while they called. I get a call on my cellphone, Priyanka used threatening words and without having to listen to me, she used other phone and called Mughda's office while I am still talking on phone with her. Later she calls up my Mother-in-law's cell phone and me being on hold on the former call. Was she listening to me - NO- if she would have listened then she would have realized that I am ready to make the payment. She was not ready to listen and in the background she kept on calling the other Family members. This provokes you to get furious. What was she trying to do, was it really collecting the money or seriously throwing continuous calls and harassing them in the midst of their shift. I kept on saying I am making the payment just give me the address where you guys sit. This is sheer harassment and I am going to file complaint in the police station. ​My Mother-in-law has been super-tensed by listening to all this post which she needed medicinal support.

I want Kotak bank to answer my following concerns :-

1) Who has authorized your bank to recover money from Jagtap family and Salve family. I need a documented proof of authorization to the ​recovery team which clearly mentions the names of these 2 families. All this due course Mr. Ashish Mishra who is a defaulter hasn't received a call from the recovery team. How does Me, My Wife, Office Staff, Mother-in-law, Sisters-in-law are held accountable for the non-payment of this account outstanding. At the time when the card was used in 2011, Mr. Ashish Mishra was no-one but a stranger to us. My sister- Vishakha got married on 11th May 2014 to him. So whatever the usage has happened on this account is clearly before the marriage.

2) You have harmed my privacy, and had been defamed in the office surroundings as well. We have been approached during the office hours in the office and have to leave the office abruptly which has costed a loss of productivity. We have received a disciplinary action notice from our respective offices for abruptly leaving office and having to get involved into an unhealthy posture. Where do we need to compensate on this ? Will Kotak pay for the loss of productivity in these 2 days.

3) What actions will Kotak be taking against the team members of Mr. Nilkant Parab. I would prefer having a copy of communication from you to them keeping me in the loop.

​4) The amount of Rs. 32637 /- I have paid to Kotak is in order to stop the harassment over the phone.​ Please write an explanatory note that why should not I ask to refund that money through legal way.

5) Here if you notice, 2 people were bluntly ready to make the payment as the harassment level by you had taken a dire stage. My Mother-in-law asked the due amount but the caller continued to defame Me(Vinit Jagtap). I have no accountability of this, even then I was ready to make the payment, but your callers were not ready to listen. Instead they kept calling and harassing. Here main motto of your team was to harass the innocents and not to recover the money from the debtor.

​6) Above all, My in-laws have been wrongly communicated by your team that Mr. Vinit Jagtap is a defaulter. I need a clear explanation on this, that How I am defaulter for this account. This has spread like a wild-fire in my entire family and relatives that I have dubbed the money and now the bank is behind me. It has defamed me. I have no face to show in my known person. This is going to affect my marital life in deep. Who is going to recover that ?

This mental torture needs to be addressed. I will leave no point to take action against Kotak. I will use the best possible ways to get the replies on the communication. If need I would be using the tools like Social Media, Media, Legal Advisors.

Regards,
Vinit Jagtap


PS : I have no account with your bank, no credit card, no Loan.


Ms.Usha KapoorOnline (Expert)
28 September 2016

Certainly you can take action against Kotak Bank and also their recovery agents either through civil action for recovery/refund o of your money with interest for which you are not liable and also by filing a Writ petition in High court against kotak and their recovery agents for their mental torture they put you to and compensation.
Some 7 years ago The Hon'ble Supreme court clearly laid down guidelines for code of conduct to be followed by recovery agents while collecting debts of the banks.So certainly action can be taken against Kotaak and their recovery agents along with your money + interest which you were never liable to pay.

SAINATH DEVALLA (Expert)
28 September 2016

In the initial stages itself with able guidance U should have lodged a criminal complaint against the recovery agents and also sent a legal notice to the bank and the recovery agency as well for mental and physical harassment.
The recovery agents are paid servants of the agency and they are trained to act in that manner .But I am surprised how they got hold of the mobile numbers of the other members of the family.

SAINATH DEVALLA (Expert)
28 September 2016

A credit card is an unsecured liability and the limitation period too must have been over.

Kumar Doab (Expert)
28 September 2016

There are many threads on such matters and involving M/s Kotak.


It seems that M/s Kotak has bought debts from some banks and all these specialists that have been calling you are seasoned and well trained that is why they have the nerve to state that he/she was not the person whom you spoke to at a mobile phone number....................and a female can give fake name etc etc........




You may ASAP approach a very able counsel specializing in criminal matters.




In the meantime you may go thru many threads on similar queries that you can search in 'Search' option on bottom of right hand side of this web page......e.g;




http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4





Kumar Doab (Expert)
28 September 2016

In the meantime you may go thru many threads on similar queries that you can search in 'Search' option on bottom of right hand side of this web page......e.g;






http://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Utl35tK6a3Y




http://www.lawyersclubindia.com/experts/Credit-card-problem--446451.asp#.Utl4H9K6a3Y




http://www.lawyersclubindia.com/experts/Credit-card-defaulter-time-limitations--446061.asp#.Us7ig9IW1MA

http://www.lawyersclubindia.com/experts/Credit-card-debt-448106.asp#.UvpMrEeBmXU



http://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Usvvc9IW1MA



http://www.lawyersclubindia.com/experts/Credit-card-payment-443961.asp#.UsvwjNIW1MA



http://www.lawyersclubindia.com/forum/Credit-card-robbery-fraud-in-china-94830.asp#.UsvwUtIW1MA

http://www.lawyersclubindia.com/experts/Harassment-by-recovery-agents--442841.asp#.UrhGa9IW1MA



http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4


http://www.lawyersclubindia.com/forum/Salary-account-freeze-without-my-notice-95425.asp#.UswXWNIW1MA

Raj Kumar MakkadOnline (Expert)
28 September 2016

O God! How many threads shall be initiated by you for the same query?

SAINATH DEVALLA (Expert)
28 September 2016

I appreciate the efforts of Mr Kumar.

Rajendra K Goyal Online (Expert)
28 September 2016

Agree with the expert Kumar Doab and appreciate for his hard work.

adv.bharat @ PUNEOnline (Expert)
28 September 2016

Really Mr Kumar had done extraordinary work.
Who gave u such kind of energy after daily work load.
God Bless u Kumar Ji.
Tremendous energy and enthusiasm give me energy to contribute to this forum.

Kumar Doab (Expert)
29 September 2016

Thank you Expert: Mr. Devalla, Mr. Goyal, Mr. Bharat.

Rajendra K Goyal Online (Expert)
29 September 2016

expert Kumar Doab,

You deserve appreciation for your efforts.



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