Loan Agent Behavior?

Question

Hello sir, We are getting call from bank  to settle the loan which we have not taken. someone has misused our number for the loan, I have informed them many time that we have not taken any loan, and we don't have any account in bank. but they are not taking any action against this. today morning we have got call, and they used many bad words to settle the loan. due to this my mom getting mental torture.

Answer 1

Ms Vidhya,

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 agent of the Bank for recovery of loan not availed by you,  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, mental agony and claim a reasonable amount as damages from the Bank. You may produce copies of your telephone/mobile bills for the calls received, in support of your claim.

Regards

Deepak