How to Handle Repeated Bank Harassment Calls

1. Know Your Rights

Familiarize yourself with the regulations laid out by the Reserve Bank of India (RBI) and other legal provisions that protect consumers from harassment:

• RBI Guidelines on Debt Collection: Banks and recovery agents must follow a specific code of conduct, which includes:
  • Contacting borrowers only between 7 AM and 7 PM.
  • Using polite and respectful language without threats or intimidation.
  • Identifying themselves properly and providing accurate information about the debt.
• Indian Penal Code (IPC) and Consumer Protection Act: These laws offer protection against threats, abuse, or harassment. Section 503 (Criminal Intimidation) and Section 506 (Punishment for Criminal Intimidation) can be invoked if harassment includes threats of violence.

2. Document Every Call

• Keep Detailed Records: Maintain a log of every harassment call. Note the date, time, the caller’s name, what was said, and any threats made.
• Record Calls: If possible, record the calls (many smartphones have this feature) to gather evidence of the harassment. Ensure you comply with local recording laws (in India, it’s usually permissible to record your own calls).

3. Send a Formal Complaint to the Bank

• Draft a Written Complaint: Address your complaint to the bank’s grievance redressal cell, detailing the repeated harassment calls and violations of RBI guidelines.
• Include Evidence: Attach call logs, recordings, or any other evidence of harassment.
• Bank’s Resolution Timeline: Under RBI guidelines, the bank must respond to your complaint within 30 days.
• Email and Registered Post: Send the complaint via both email and registered post to ensure there’s a formal record of your communication.

4. Escalate to the Banking Ombudsman

• If the bank does not address your complaint within 30 days or fails to resolve the issue satisfactorily, you can escalate the matter to the Banking Ombudsman.
• How to File a Complaint:
  • Visit the official website of the Banking Ombudsman (https://cms.rbi.org.in).
  • Submit an online complaint or download the form and send it to the ombudsman’s office.
  • Provide all relevant documents, including your original complaint, bank response, and call logs.

5. Contact the Reserve Bank of India (RBI)

• If the harassment persists, you can file a complaint directly with the RBI through its Customer Grievance Redressal Cell.
• Provide detailed information about the violations of RBI guidelines by the bank or its agents.

6. File a Police Complaint (FIR)

• If the calls include threats, abusive language, or intimidation, file a First Information Report (FIR) at your local police station.
• Provide them with evidence such as recordings, logs, and other communication records. Harassment, intimidation, or any form of coercion can be punishable under the Indian Penal Code (IPC).
• Sections of the IPC that may apply include:
  • Section 503: Criminal intimidation.
  • Section 506: Punishment for criminal intimidation.
  • Section 294: Obscene acts or words.

7. Report the Harassment to TRAI

• Telecom Regulatory Authority of India (TRAI) has a framework for reporting unwanted or harassment calls, especially from banks or loan recovery agents.
• You can register a complaint with your telecom service provider via DND (Do Not Disturb) services.
• Send an SMS to 1909 with the details of the harassment calls or visit the TRAI’s website to file the complaint.

8. Consult a Lawyer

• If the harassment is severe and persists despite complaints, consult a lawyer who specializes in consumer rights or banking disputes.
• A legal notice can be sent to the bank demanding compensation for mental harassment and violation of consumer rights.
• Consider filing a consumer court case if you have suffered distress, mental agony, or financial loss due to the bank’s unlawful practices.

9. Block the Numbers

• Use call-blocking features on your phone or install apps that block calls from specific numbers.
• If calls come from different numbers, create a list of the numbers to submit as part of your complaints.

10. Debt Recovery Tribunal (DRT)

• If the harassment pertains to an unpaid loan or debt, and the bank is acting unlawfully or excessively aggressive, you can approach the Debt Recovery Tribunal (DRT).
• The DRT can help address disputes related to wrongful recovery practices by banks or financial institutions.

Summary of Steps:

1. Document the harassment – Record calls and keep logs.
2. Send a written complaint to the bank with all evidence.
3. Escalate to the Banking Ombudsman if unresolved.
4. File a police complaint if you experience threats or abuse.
5. Report the calls to TRAI for unwanted or harassing calls.
6. Consult a lawyer if the harassment continues.

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