If you are stuck in such a situation, here is what to do.

Mr. Rohan found himself in a frustrating situation. He was constantly receiving unsolicited calls from ‘Apex Commercial Bank’ promoting their credit cards and personal loans. After diligently registering his number on the Telecom Regulatory Authority of India (TRAI) Do Not Disturb (DND) registry, he expected the calls to stop. Instead, the harassment escalated. The bank’s marketing agents started calling him from numerous different personal mobile numbers, making it impossible to block them. The frequency of these calls, often four to five times a day, caused significant mental anguish and disruption to his daily life. This scenario highlights a blatant disregard for privacy and regulatory norms by financial institutions.

Advice in such cases

If you are facing such harassment, it is crucial to act systematically to build a strong case against the offending entity.

• Document Every Call: Maintain a detailed log of all incoming calls. Note down the date, time, and the phone number from which the call was received. If possible, record the conversations after informing the caller.
• File a Formal Complaint with the Bank: The first step is to lodge a formal complaint with the bank’s official grievance redressal cell. Submit all the documented evidence. This creates an official record of your attempt to resolve the issue directly.
• Report to TRAI: Use the TRAI DND 2.0 app or send an SMS to 1909 in the prescribed format to report the violation. Even though the calls are from personal numbers, reporting them links them to the promotional activity.
• Escalate to the Banking Ombudsman: If the bank fails to resolve your complaint within 30 days, you can escalate the matter to the RBI’s Banking Ombudsman.
• Send a Legal Notice: A legal notice drafted by an advocate can often prompt immediate action from the bank’s legal department, as it signals your intent to pursue litigation.
• 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 of 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.

Applicable Sections of Law

Several legal and regulatory frameworks protect you from such harassment:

• Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR): These TRAI regulations govern unsolicited commercial communications and impose heavy penalties on violators. Using personal numbers to bypass DND is a direct violation.
• RBI Guidelines: The Reserve Bank of India has issued clear guidelines on Fair Practices Code for banks and on the conduct of their recovery and marketing agents. Harassing customers is strictly prohibited. The bank is vicariously liable for the actions of its agents.
• Consumer Protection Act, 2019: Persistent unsolicited calls can be considered an ‘unfair trade practice’. You can file a complaint in the Consumer Disputes Redressal Commission for deficiency in service and harassment.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If the nature of the calls becomes threatening or causes severe alarm and distress, provisions such as Section 79 (Stalking) could potentially be invoked, especially if it involves persistent attempts to contact you via electronic communication.

If you are the complainant

As the person initiating the legal action, you need to be meticulous in your approach.

• Consolidate Evidence: Your primary task is to gather and organize all evidence, including call logs, recordings, and copies of your complaints to the bank and TRAI.
• Follow the Grievance Hierarchy: Approach the bank first, then the Banking Ombudsman, and then the consumer court. This demonstrates that you have exhausted all preliminary remedies.
• File a Consumer Complaint: Draft a detailed complaint for the consumer court, clearly outlining the harassment, the bank’s failure to act, and the relief sought (compensation for mental agony and punitive damages).
• 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 of 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.

If you are the victim

While being harassed, it is important to handle the situation calmly and strategically.

• Stay Calm and Assertive: When you receive a call, do not get into a heated argument. Calmly and firmly state that you are not interested, your number is on the DND list, and they should not call you again.
• Inform and Record: Inform the caller that the conversation is being recorded for legal purposes. This can often deter them from being aggressive.
• Do Not Share Personal Information: Never share any personal or financial information with these unsolicited callers, as it could be a pretext for fraud.
• 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 of 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.

How the police behave in such cases

Approaching the police can have mixed results. Initially, the police might view this as a civil dispute or a regulatory matter for TRAI to handle and may be reluctant to file an FIR. They might advise you to approach the bank or consumer forums. However, if your complaint clearly establishes elements of criminal intimidation, extortion, or persistent harassment amounting to stalking under Section 79 of the BNS, they are obligated to register an FIR and investigate the matter. Providing clear evidence and being persistent is key.

FAQs people normally have

Can the bank be held responsible for calls made from personal numbers?

Yes. Under the principle of vicarious liability, the bank is legally responsible for the actions of its employees and third-party agents conducted during the course of their employment or engagement.

Is it legal for me to record these phone calls as evidence?

In India, it is generally permissible to record a phone conversation to which you are a party, even without the other person’s consent. Such recordings can be admissible as evidence in court, provided their authenticity can be proven.

What if the bank claims these callers are not their agents?

The burden of proof would be on the bank to show that the callers have no connection to them. If the callers are consistently promoting the bank’s specific products, a clear nexus can be established. Your complaint to the Banking Ombudsman and consumer court can compel the bank to investigate and take responsibility.

What evidence is required?

To build a robust case, you will need the following evidence:

• Detailed Call Logs: Screenshots from your phone showing the incoming numbers, dates, and times of the calls.
• Audio Recordings: Recordings of the conversations where the caller identifies the bank and the purpose of the call.
• SMS or WhatsApp Messages: Any text-based communication from the callers.
• Proof of DND Registration: A screenshot or confirmation message of your DND activation.
• Complaint Records: Copies of all written complaints filed with the bank, TRAI, and the Banking Ombudsman, along with their acknowledgment receipts.

How long will the investigation take?

The timeline for resolution can vary depending on the channel you pursue:

• Bank’s Internal Grievance Redressal: Typically takes between 15 to 30 days.
• TRAI Complaint: The process of penalizing the telemarketer can take a few weeks to a couple of months.
• Banking Ombudsman: The resolution process can take anywhere from 45 to 90 days.
• Consumer Court Complaint: This is a longer process and can take several months to a few years, depending on the complexity of the case and the workload of the court.

Advocate Sudhir Rao, Supreme Court of India