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Josh (Software Engineer)     09 November 2013

Personal loan ( which i have not got ) harassment.

 

Dear All,

I need you valuable suggestions to the problem which im facing for past few months. Exactly one year before I got a call from an agency representing Axis bank, Chennai saying that I have got a personal loan for 2 lacks from Axis bank 6 years before and asking me to repay back the loan. I have not got any personal loan from any bank but the agency says my name correctly and the addresses were I stayed. I have shifted the house long time before.  I didn’t create any problem. I called the people to my home to discuss. A legal advisor representing the bank came to my current address and saw all the evidence and found that some fraud has happened and informed us that there won’t be any harassment call from axis bank. 

After this the day went smooth, I even purchase a home with bank loan few month back. I even checked my cibil report while applying the home loan. There was no personal loan issue in my record.  Now for past few weeks before another agency called Kotax representing Axis bank called my old parents and threatened to sue me if I’m not paying the loan amount. I personally called the agency and asked them to check with the Legal advisor who visited my home 10 month back and I also informed them I don’t see any records in my cibil report.I explained them that I didn’t get any personal loan. But these people are not listening they are threatening me so much and my family is so upset.

MY Questioning is :

1. How come without getting personal loan, bank people gave my name and past address correctly. I don’t know what the bank did for 6 years. Cibil report says I don’t have any personal loan issues. How is this possible? If these people say that I have got loan then the defaulted loan should be shown in Cibil right. But it is not. Please clarify me

2. How to overcome the threatening call? I have already a met bank legal advisor 10 month before and again these people are torturing me. How to deal with this case. Please advise me

You suggestions are highly appreciated.

Thanks

Josh



Learning

 7 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     09 November 2013

At the outset now you get call threat them that you shall file police complaint against the said bank and number . if they still persist with calls than file police complaint , still it continues than file case against bank and agency for mental harassment and defamation .Record the number and conversation with them and use in your case at later stage.

regards,

Adv. NIKHIL SETH

Mumbai  

Soundararajan (Corporate Investigations)     09 November 2013

There are several excellent options available to deal with such Banks who harass customers.  Consumer Banking has deteriorated to such low levels that customers are being cheated every day of millions of rupees. Leading the pack are private Banks and foreign banks debiting customers unauthorisedly. RBI is guilty of sleeping and thus abbetting these activities of Banks. It is only a matter of time before the rot becomes a huge fraud on the banking public Thousands of customers are suffering silently.

1. Please write to the Banking Ombudsman's office and try to get redressal.  The bank is supposed to do a proper Know Your Customer process and should have the relevant records that shows your ID and address proof.  The details of disbursement of the loan will also prove who got the money - Banks are supposed to disburse the loans by crossed cheques or DD  - the beneficiary could be identified.

2. You can also write to the concerned banks Vigilance department or griviance cell or compliance officier.

3. You can write to the Department of banking Supervision if you suspect fraud.

4. You can write to the Consumer Forum and seek compensation for all the harassment.

 

 

 

Kumar Doab (FIN)     11 November 2013

 

As per RBI guidelines/code of conduct the bank are under obligation to maintain the list of its recovery agents on its web site and the recovery agents and bank can resort to coercion, thread, intimidation, rudeness. You may check if the recovery agencies that have been calling you are featuring in the list or not.

 

 

 

The recovery agent shall get the files, data etc in writing from some officer of the bank that would be I/c of the agency.

 

No one other than bank can provide your detail as defaulter to the agency employed by the bank. You may demand certified copy of all such communication(s) sent by bank till date to all of its agencies.

 

Banks are under: ‘Code of ‘Bank’s Commitment to Customers’, Fair Practices Code……….

 

The bank is also under obligation to supply the duly certified copies of all papers related to loan to the borrower as per

 

(cf. para 8.11.1 of Code of bank’s Commitment to Customers)

 

 

, and supply a notice by effective modes of communication before sending the detail as defaulter to CIBIL. You may demand the certified copy of the notice and POD.

 

 

Do you have the call details and detail of legal advisor and did you submit minutes and did you obtain report of the legal advisor. If not demand now.

 

Submit a detailed letter to the BM of the bank with a copy to the Chairman, MD and Nodal Officer and demand that bank should accept its wrongdoings in writing, return the complete file of forged documents to you, beg apology in writing, and agree to compensate you as per its internal compensation policy to your satisfaction.

You should state that bank should supply all communications by redg. post only.

 

You may mark cc to:

 

Your lawyer

 

BO,

 

Smt. Uma Subramaniam
Chief General Manager -in-Charge
Department of Non-Banking Supervision
Central Office
Centre I, World Trade Centre, Cuffe Parade
Mumbai-400 005.

Phone: 022-22153350

Email id: cgmicdnbsco@rbi.org.in

 

Governor
Reserve Bank of India
Central Office Building
18th Floor, Shahid Bhagat Singh Road
Mumbai-400 001.

022-22660868

 governor@rbi.org.in

 

 

If still bank does not admit its wrongdoings and begs apology in writing it is its funeral and let your lawyer handle the matter for you.

 

 

 

Criminal complaint with police and civil suit with damages may be more rewarding.

 

 

The harassment by recovery agents has been discussed n detail at:

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

 

 

 

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     11 November 2013

More than 6 years.  It is time barred debt.

Kumar Doab (FIN)     13 November 2013

Let the bank state in writing which employee of the bank has visited you, completed the formalities for loan application, KYC norms, marked OSV on your docs, processed your loan application, and which officer of the bank has visited you for cross verification, passed the loan application, which agency/agent did the tele calling from which phone numbers at which phone numbers and finally which BM passed the loan, which branch disbursed the loan by cheuqe/DD number(s) and these were deposited in which bank a/c……………………..copy of the written communication sent by bank to its legal advisor asking him to visit you and copy of the report of this legal advisor, agents/agencies  that were sent to your address for physical verification and later for collection of loan……………………copy of the bank’s notice(s), communications sent to you and its POD, notice for including you in the list of defaulters, copy of bank’s communication to CIBIL to add your name in list of defaulters, copy of bank’s communication to CIBIL to remove your name form list of defaulters,…………………….and any other relevant report /document that you may think and your lawyer may suggest…………..  

 

 

Has any of these bank staff submit factual/correct report loan would have not been passed and allowed to be time barred.

 

You may also ask how and for which reasons this loan was allowed to be time barred/statue barred and after that you are being coerced and forced to pay.

 

Ask the bank to beg apology in writing and confirm that its own staff connived and defrauded the bank.

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     15 December 2013

well elaborated by Mr Kumar Doab

S K KARNjhc (Legal Adviser)     09 February 2014

Its case where a Ram is punished for the blundered mohan, I'm agree with Mr. Kumar 


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