How to File a Agent Harassment Complaint and What to Expect

Filing a complaint against harassment by a bank’s recovery agent in India is a multi-step process, involving formal complaints to the bank, the Banking Ombudsman, or even the police, depending on the severity of the harassment. Here’s a detailed guide on how to file the complaint and what to expect:

Step-by-Step Process to File an Agent Harassment Complaint

1. Gather Evidence

Before filing a complaint, make sure you have proper evidence of the harassment, including:

• Call Logs: Record the date, time, and duration of the harassing calls.
• Recordings: If possible, record the conversations (this is legal if you are part of the call).
• Messages: Save any abusive or threatening text messages or emails.
• Witnesses: If possible, have witnesses who can testify to the harassment.

2. File a Complaint with the Bank

• Draft a Formal Complaint: Write a detailed letter or email outlining the harassment incidents, including dates, times, the nature of the harassment, and any specific agents involved.
• Attach Evidence: Provide call logs, recordings, or other forms of proof.
• Send to Grievance Cell: Send the complaint to the Grievance Redressal Cell of the bank. All banks in India have a grievance department, and most will have an email or form on their website where you can file a complaint.
• Request Action: In your complaint, request that the bank take appropriate action against the agent and resolve the issue promptly.

Most banks are required to address customer complaints within 30 days. If no resolution is provided within this time frame, you can escalate the matter.

3. Escalate to the Banking Ombudsman

• If the bank fails to resolve your complaint, you can approach the Banking Ombudsman under the Banking Ombudsman Scheme set up by the Reserve Bank of India (RBI).
• How to File a Complaint with the Banking Ombudsman:
  • Visit the RBI Ombudsman portal (https://cms.rbi.org.in).
  • File the complaint online or download the form and submit it to the nearest Banking Ombudsman office.
  • Attach a copy of your complaint to the bank and any supporting evidence.
  • The Ombudsman will look into the matter and may summon the bank or agent for a hearing. A resolution typically takes place within one to two months.

4. File a Complaint with the Police (if necessary)

• When to File an FIR: If the recovery agent is threatening, using abusive language, physically intimidating you, or trespassing on your property, you should file a First Information Report (FIR) at your local police station.
• Laws to Invoke:
  • Section 503 of IPC (Criminal Intimidation): For verbal or physical threats.
  • Section 506 of IPC (Punishment for Criminal Intimidation): This can result in imprisonment if proven.
  • Section 294 of IPC (Obscene Acts and Words): If the agent used abusive or obscene language.
  • Section 341 of IPC (Wrongful Restraint): If the agent physically prevents you from moving freely or harasses you at home or work.
• Provide Evidence: Share recordings, messages, or witness accounts of the harassment with the police.

5. Report to the Telecom Regulatory Authority of India (TRAI)

• If the harassment involves repeated phone calls, you can file a complaint with your telecom service provider under Do Not Disturb (DND) rules.
• Send an SMS to 1909 to register your number under DND services.
• If you continue to receive harassing calls, escalate the complaint to TRAI via your telecom service provider.

6. File a Consumer Complaint

• If the bank’s actions (or inaction) caused you mental agony, financial distress, or harm, you can file a complaint under the Consumer Protection Act, 2019 in a Consumer Forum.
• How to File a Consumer Complaint:
  • Visit your nearest District Consumer Disputes Redressal Forum.
  • File a written complaint detailing how the harassment impacted you.
  • Attach evidence, including your communication with the bank and proof of harassment.
  • You can claim compensation for mental harassment and any financial losses.

What to Expect After Filing a Complaint

1. Initial Acknowledgment:
   • After submitting your complaint to the bank, you should receive an acknowledgment within a few days. Banks are required by the RBI to address grievances in a time-bound manner.

 

1. Investigation:
   • The bank will typically investigate your complaint. This may include reviewing call records, interviewing the agent involved, and examining your evidence.
2. Resolution from the Bank:
   • Banks are expected to resolve the complaint within 30 days. This could include disciplinary action against the agent, a written apology, or compensation if applicable.
   • If the harassment involved legal violations, the bank may suspend or fire the agent and notify authorities.
3. Escalation to the Ombudsman:
   • If unresolved, the Banking Ombudsman will take up the complaint. The Ombudsman may order the bank to:
     • Compensate you for the harassment.
     • Take specific corrective action.
     • Impose penalties or sanctions on the bank for violating RBI guidelines.
4. Police Action:
   • If you file an FIR, the police will investigate the matter. If there is sufficient evidence, they may arrest the agent or impose fines.
   • Harassment and intimidation by recovery agents may lead to criminal charges under relevant sections of the Indian Penal Code.
5. Consumer Forum:
   • If you file a case with the Consumer Court, expect a legal process that could take a few months to resolve. The court can order compensation for any distress or losses you’ve suffered due to the bank’s actions.
6. Telecom Action:
   • If you reported the issue to TRAI, your telecom provider may block the agent’s number or penalize them for violating DND regulations.

Outcomes You Can Expect

• Corrective Action Against Agent: The bank may take disciplinary action, such as terminating the services of the agent or issuing a warning.
• Compensation: You may receive compensation for mental harassment or any financial damage suffered, especially through the Banking Ombudsman or Consumer Court.
• Legal Consequences: If the police find the agent guilty of criminal intimidation or harassment, they could face legal consequences such as fines or imprisonment.
• Reduced Harassment: Filing complaints can lead to a reduction or complete cessation of harassment calls.

Get in touch with us today at bankharassment.com and embark on your path to financial freedom