mani singh (proprieter) 02 April 2011

I want legal advise

Sir,I have ICICI bank cr card since 04 years & made regular payments till Jan 2010.Due to my job lost in July 2008 on medical ground , I could not make payment after Jan 2010.My due amt was Rs 40000 on Jan 2010.Bank stretch due amount to Rs 60000 on march 2011.Bank has only one aim to prolong time & raise my due amount.My card credit limit is Rs 39000.At present I am doing tution work to grow my family.Inspite of having very less income I am trying to settle my card dues & send total 03 mails to customer care ICICI bank in different months.I also had meeting with bank manager Mr Lokendra Lakhani in ICICI bank Malav pariser branch on Feb 2010,on Aug 2010 & on 15 March 2011 & request him to settle my card dues to give me reasonable offer to pay dues in 10 installments.After repeatative request,bank give me offer to pay Rs 32000 in 02 installments.Mean while bank collection agent daily pressurise me illegaly to accept this offer.Bank agent harrest me 3/4 times daily & visit my home after 19:00 hours.This un justified non co-operation indicates that ,bank only want to stretch my due amount.Bank has no importance for customer who is standing in front of him since 15 months.I am getting bad treatment only due to my honesty to clear dues.Then I complaint to BO,RBI &ICICI redressal on March 28 2011.Even after complaint bank recovery agents trying to show muscle power & treatme uncivelised manner in presence of my family.Now on 01 April 2011 bank manager called me & trying me to my consent for legal action against me.What can I do now?What will be the verdict / action on me?HOw much time be consumed? From manjeetawal@yahoo.co.in

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8 Replies

RAJU O.F., (Advocate) 04 April 2011

It is illegal on the part of the bank to send agents, for harassment of cardholders. Hon'ble Supreme Court had passed strong strictures against the ICICI bank for using muscle power for loan recovery. Better settle the dues amiacably by OTS- one time settlement, since litigation may not help you.

Harsh (Advocate) 04 April 2011

Hello,
I would be able to assist in your case.
You can further contact me on harshmparekh@gmail.com
I am a practicing lawyer.
Regards,
Harsh Parekh
Advocate
9971780620 (M)

AAK (Advocate) 05 April 2011

file a Private Complaint before the Megistrate court to avoid further harrassment by bank and his agents.. This may help you to curtail their use of muscle power and settle the matter in your terms..

CA VK Dwivedi (Job) 05 April 2011

Dear Manjeet,

Since you have genuine reason for non payment and you had a good track record of credit worthiness till you make default. Your intention is not to evade or escape payment hence (basd on my experience) the bank should waive off all the interst and late charges and would recover principal only. As far as reovery agents are concerned it is Atrocious and infact against the guidelines of RBI. You should contact higher authorities and do as many as mail you can to all the higher officials, and tell them your intension is to make payments and not evade. do not count your mails. I had a case where i used to send daily emails to DGM, Chairman of customer care and utlimateluy after some 30-40 mails (About a month) i got reply form DGM.

In India the Agony is that where the customer is humble these organisations are rutheless and where the customer is flamboyount they do not do anything.

VKDwivedi

nitish joshi (Finance & tax Consultant) 07 April 2011

You can lodge a complaint in BANKING OMBUDSMEN,RBI, of your area.

bhagwat patil (Property due diligence 9422773303) 11 April 2011

In which state you belong?It is totally illegal to use agent for recovery of loan.you just take the mobile no .of the said agents.and call AD. ATUL09393771567 with refrence of this forum.or call when thy come to your residence ask them their identity,letter from court,and who authorised them to enter your house or stand at hte doorsteps?

bhagwat patil (Property due diligence 9422773303) 11 April 2011

correction mo of Ad Atul 9373771567

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