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Ganesh J. Acharya (Founder of Seashell an Online Advertising and Marketing establishment that provides SEO PPC LPO Web Analytics UX UI PHP and ASP.NET development services.)     30 May 2014

Legal to call family members of defaulter?

I have been contacted by a recovery agent towards one of my family member's default. I wanted to know the following.

  1. It is legal for the recovery agent to contact family members of the defaulter?
  2. It is legal for the recovery agent to contact family members after they have been told to go via court and not to bother anymore over phone since I was undergoing a sever medical condition and the unwanted phone call was raising my blood pressure to injurious levels?

I specifically want to know the legal fault recovery agent has committed if I have specifically updated my medical condition repeatedly and what are the legal provision by law to stop this. It would be very grateful if someone can answer me the above. Thanks in advance.



Learning

 5 Replies

adv.raghavan (Advocate,9444674980)     30 May 2014

No they cannot harass family people . You can file a criminal case against  the collection agents., and you can also go for a civil suit ,refraining collection agents from using rowdy elements for collection purposes.

Sunil S Nair (lawyer)     30 May 2014

The reply to your query is NO nor recovery agent or any of his associate cannot contact or harass any family member of the defaulter it is illegal in eyes of law you and your family members can file an FIR against the same in the nearest police station stating the facts and if possible collect all evidence against the same may be helpful in court may be recorded phone call or viedeo when that person enters your house and causes disturbance to family members it will be a valuable evidence in court

Kumar Doab (FIN)     30 May 2014

NO.

Recovery can not be conducted by phone with borrower as well.

There are many threads on similar queries that you may find relevant and you can download the RBI guidelines and judgments too e.g;

 

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

 

and many others 

 

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


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


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


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

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

                                               

 

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

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

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

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

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4
https://www.lawyersclubindia.com/forum/Salary-account-freeze-without-my-notice-95425.asp#.UswXWNIW1MA

Virginchez   08 April 2020

Legal to call family members of defaulter? Most legal calls not include you in defaulter categorey, Because you are doing legal call, And if you just not doing legel call then you are included in defaulter and trustmypaper review of it decide how much strick action they need to implement on you.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     09 April 2020

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Intimidation, Fraud, Breach of Trust, Mischief, Nuisance etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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