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What action can be taken against recovery agents of bank
19-Nov-2023 (In Consumer Court Law)
Sir, I have took loan from Union National bank in UAE and I have paid 25% from the loan amount. I have lost job in July 2015 but I have paid the instalment amount till October 2015 from my savings. Bank charged a criminal case against once I have stopped to pay the loan amount. I have kept in Jail for 35 days and court fined dhs. 10000 to clear the case. I have paid the fine amount and I have got a clearance letter to come out from UAE. I have came out from the UAE on May 2016. Now I am jobless and still I am searching for a job but today I have a call from legal department from India and they are harrashing me to pay back the money. They are telling they will make my life miserable. Kindly advice how to face this issue in India. Please sir
1. Recovery agents have no authority of law to recover an unpaid loan. They have been frowned upon by the Supreme Court on more than one occasion wherein the court made it clear that recovery agents and the bank officials who rope in these agents must be prosecuted. Since then officials of many banks have been successfully prosecuted for taking recourse to such an extra-judicial measure.
2. A court official who comes to serve the court notice does not abuse the inhabitants of the house. If the person to whom the summons is issued refuses to accept it, he records a finding to this effect and goes away. So rest assured that this guy was a recovery agent employed by the bank, not a court official.
3. You should lodge a complaint for intimidation to the nearest police station against the bank and recovery agents who are harassing you.
4. If you have not repaid the loan the bank can take out recovery proceedings in a court of law against you, but it cannot take recourse to such extra-judicial measures.
5. Since the police has also washed off its hands you should engage a lawyer and file a case for criminal intimidation in the court.
6. The bank cannot recover its money now as it ought to have recovered it within 3 years.
7. No case for defamation is made out though.
2. A court official who comes to serve the court notice does not abuse the inhabitants of the house. If the person to whom the summons is issued refuses to accept it, he records a finding to this effect and goes away. So rest assured that this guy was a recovery agent employed by the bank, not a court official.
3. You should lodge a complaint for intimidation to the nearest police station against the bank and recovery agents who are harassing you.
4. If you have not repaid the loan the bank can take out recovery proceedings in a court of law against you, but it cannot take recourse to such extra-judicial measures.
5. Since the police has also washed off its hands you should engage a lawyer and file a case for criminal intimidation in the court.
6. The bank cannot recover its money now as it ought to have recovered it within 3 years.
7. No case for defamation is made out though.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Hi,
How come the UAE bank follow or take action against you here in India for the loan you took in UAE. From your message, it is clear that the UAE government released you from the liability once you paid the fine amount. You can approach the police here with a criminal complaint (criminal intimidation) against the persons calling you and threatening.
How come the UAE bank follow or take action against you here in India for the loan you took in UAE. From your message, it is clear that the UAE government released you from the liability once you paid the fine amount. You can approach the police here with a criminal complaint (criminal intimidation) against the persons calling you and threatening.
Helpful?
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Adv. Shobhan M P
Chennai | 100+ Answers
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