One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X approached me with a distressing situation. He had been receiving 10-15 automated IVR calls daily from Y.company, a non-banking financial company, demanding repayment of a loan he never took. The calls were aggressive and threatening in nature. Upon investigation, we discovered that Mr.X had recently purchased a new SIM card from Z.telecom, and the mobile number was previously assigned to someone else who had taken the loan from Y.company. Despite Mr.X explaining this situation in writing to Y.company and providing his identity documents, the harassment continued. The NBFC refused to acknowledge their mistake and continued their recovery calls, causing mental harassment and disruption to Mr.X’s daily life and work routine.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Document all harassment calls by maintaining a call log with timestamps. Send a legal notice to the NBFC through your advocate demanding immediate cessation of calls. File complaints with the telecom regulatory authority and banking ombudsman simultaneously. Report the matter to cybercrime police if threats escalate.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), this case involves multiple violations. Section 351 of BNS covers criminal intimidation when recovery agents make threatening calls. Section 352 addresses intentional insult and annoyance caused by repeated unwanted communications. Section 308 deals with extortion when demands are made through threats. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 provides the procedure for filing complaints in such matters. Additionally, telecom harassment falls under IT Act provisions and RBI guidelines for fair debt collection practices.

If You Are the Complainant

• Gather evidence of all harassment calls including call records from your telecom provider
• Send written communication to the NBFC with your identity proof and SIM purchase documents
• File a complaint with the National Consumer Disputes Redressal Commission for deficiency in service
• Report the matter to RBI Ombudsman citing violation of fair debt collection practices
• Approach the local police station to file an FIR under relevant BNS sections for harassment and intimidation

If You Are the Victim

• Block all incoming calls from the recovery agency numbers and report them as spam
• Record conversations if legally permissible in your state for evidence purposes
• Contact your telecom operator to change your number if harassment becomes unbearable
• Seek compensation for mental agony and harassment through appropriate legal channels
• Join consumer forums online to share experience and get support from others facing similar issues

How the Police Behave in Such Cases

Police typically treat such cases as civil disputes initially and may be reluctant to register FIR. However, when harassment involves threats or criminal intimidation, they are bound to take action. Cybercrime cells are more responsive to such complaints. Police may suggest mediation between parties first. Having proper documentation and legal notice strengthens your case significantly. Some officers may require education about relevant laws applicable to such harassment cases.

FAQs People Normally Have

Can I sue for damages? Yes, you can claim compensation for mental harassment, loss of reputation, and disruption of normal life through consumer courts or civil courts.

Will blocking numbers solve the issue? Temporary relief yes, but NBFCs use multiple numbers. Legal action is necessary for permanent solution.

Can telecom operators help? Yes, they can block specific numbers and provide call records as evidence. They also have grievance redressal mechanisms.

How to prove the loan wasn’t mine? Bank statements, credit report, identity documents, and SIM purchase proof clearly establish you never took the loan.

What Evidence Is Required?

• Call logs showing frequency and timing of harassment calls
• Audio recordings of threatening or abusive conversations where legally permitted
• Written communications sent to and received from the NBFC
• SIM card purchase receipt and activation documents proving when you got the number
• Your credit report showing no loan from the concerned NBFC
• Bank statements proving no loan disbursement to your accounts
• Screenshots of blocked calls and spam reports filed with telecom operator

How Long Will the Investigation Take?

Consumer court cases typically take 6-12 months for resolution. Police investigations may take 2-6 months depending on cooperation from NBFC. RBI Ombudsman usually responds within 30-60 days. Telecom operator complaints are resolved in 15-30 days. Legal notice response is expected within 15-30 days. Overall resolution through proper legal channels may take 4-8 months depending on the complexity and cooperation of the lending institution.

Advocate Sudhir Rao, Supreme Court of India