Legal question and answer by best advocates
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Question
Q: Can I file a complaint against harassment?Answer
A:
Yes, you can and should file a complaint if you are being harassed by bank recovery agents or any collection agency. Borrowers have clear legal rights, and harassment by recovery agents is strictly prohibited under RBI guidelines and Indian law.
Police Station (FIR/Complaint)
If you face threats, abusive calls, or physical intimidation, you can immediately lodge a complaint at your local police station under the Indian Penal Code (IPC) for criminal intimidation, trespass, or harassment.
RBI Banking Ombudsman
The Reserve Bank of India (RBI) has set rules for fair recovery practices. If recovery agents violate these rules (calling at odd hours, pressuring family members, threatening at workplace), you can file a complaint with the Banking Ombudsman online or through email.
Consumer Forum
If harassment amounts to deficiency of service or unfair trade practice, you can approach the Consumer Disputes Redressal Commission for compensation.
Legal Notice through a Lawyer
You can send a formal legal notice to the bank and its agents through an advocate (for example, through Legals365) demanding an immediate stop to harassment. This also creates a legal record.
Human Rights Commission
If the harassment is extreme and violates your dignity or personal liberty, you can file a complaint with the State Human Rights Commission.
The RBI has made it clear that:
Recovery agents cannot call before 7 AM or after 7 PM.
They cannot use abusive language, threats, or public shaming.
They must respect the borrower’s privacy and dignity.
Yes, you can file a complaint against harassment. You are legally protected, and banks can only recover dues through lawful and respectful methods.
.By Advocate BK Singh
(Delhi High Court)