Barclays Card Harassment Calls by Kotak Mahindra?

Question

I have been receiving threatening, obscene and harassment calls The person clams to be calling from Bank and is threatening and using extremely obscene language. I have been received over more than 100 calls a day from 09-05-2013 till date. They are calling my office and Directors of my Institution . I am very much disturbed by this as they are calling me and my office phone numbers (xxxxxxxxxxxx5905) and degrading my image in front of my staff members by making the call again & again over and again through phone by using abusive language for me. I have spoken to him calmly and explained that I don’t have any kind of disputed matter with your bank. Neither I have made any kind of money transaction through your bank nor did I have ever deal with any kind of CREDIT/DEBIT card of your bank or any other bank. In spite of that they are continuously threatening me however he has started to call my husband and threaten them too since 09-05-2013. The person states my address and threatens to get me killed and harm my family members. He has been passing obscene abusive comments to my family members and me.
I never had any kind of Bank account The person has been abusing and threatening me and my family. I have already logged a my complaint to DIG, Utter Pradesh Section 499 in The Indian Penal Code, 1860 499.
 

Answer 1

Ms Anshu,

At the outset, let me clarify that this site is designed by a group of Senior Banking Professionals to assist Bank Customers at large to provide guidance for resolution of any query / complaint / grievance in respect of financial services.  This site does not belong to any Bank or a Regulator, which may please be noted.

As regards follow up of the representatives/Bank Manager and misbehaviour and abusive language with you and your husband since 9th May 2013, I would like to inform you that recovery agents/Bank representatives are not supposed to resort to harassment in public, abusive language, uncivilised and unlawful behaviour. I reproduce extract of RBI guidelines in verbatim in respect of engagement of the recovery agencies by the Bank.

 Agents/Bank Officials should adhere to extant instructions on Fair Practices Code for lending (Circular DBOD. Leg. No. BC.104 /09.07.007 /2002-03 dated 5th May 2003) as also their own code for collection of dues. If the banks do not have their own code they should, at the minimum, adopt the Indian Banks Association's code for collection of dues and repossession of security. It is essential that the Recovery Agents refrain from action that could damage the integrity and reputation of the bank and that they observe strict customer confidentiality.

The bank and their agents should not resort to intimidation or harassment of any kind either verbal or physical against any person in their debt collection efforts, including acts intended to humiliate publicly or intrude the privacy of the debtors’ family members, referees and friends, making threatening and anonymous calls or making false and misleading representations.

If you are certain that calls are coming either from Bank or its recovery agent then you may lodge a complain with RBI for violation of their guidelines in recovering outstanding dues. As it is there are no dues and you never applied for any card from any Bank. The contact details of the official would be available on the RBI website.  You may also approach Banking Ombudsman/Consumer Forum and file a case of harassment, indecent behaviour, reputation loss and claim a reasonable amount as damages from the Bank. You may produce copies of you telephone/mobile bills for the calls received, in support of your claim.

Since you have lodged a complain with Police Authorities under IPC, they will investigate the issue independently.

Regards

Deepak