What actions to be taken against NBFC recovery,regarding the EMIs
20-Aug-2023 (In Recovery Law)
NBFC Recovery goons called my friends and my wife's office regarding my unpaid EMIs of personal loan. They abused my wife's colleagues. Police registered NC but asked to approach magistrate court for FIR. Wife had to quit job. I doubt whether the wife's colleagues and my friends will help me in filing affidavits or will be ready to appear in consumer or any court. I've complained in NBFC's inhouse CONSUMER REDRESSAL facility. Their response is very meager. Their harassment went on . So, I sent them a legal notice. They haven't replied to it even after more than 2weeks have passed. W hat should I do to protect my rights?
Dear Client,
The Act done by the recovery agency of NBFC is illegal and you can initiate case against them. But here the core point is of recovery. If you are going before the Court of law, the said bank will also initiate recovery proceedings against you.
As you have already sent legal notice, you can take a call whether to file the case or not. You are liable to pay "X" amount to the said bank.
Considering all this point, you can take a final decision.
Expert Jurist LLP
The Act done by the recovery agency of NBFC is illegal and you can initiate case against them. But here the core point is of recovery. If you are going before the Court of law, the said bank will also initiate recovery proceedings against you.
As you have already sent legal notice, you can take a call whether to file the case or not. You are liable to pay "X" amount to the said bank.
Considering all this point, you can take a final decision.
Expert Jurist LLP
You can file a defamation and threat case against them. You can sue them for the consequential damages that has arosen due to their actions. You need to be proving facts in the court that exceeded reasonable course of action by them. You can also file a consumer case claiming compensation.
In such cases you must file a complaint before magistrate immediately for the offence punishable under section 504, 506 of IPC, in addition to Thule file a suit for injunction and pray for restraining them from entering into your office, house or any other place. Afyer obtaining orders serve the copy to them. If the violet this order of above nature they can be directly booked for violating court's order.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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