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 regarding persistent harassment calls from XYZ Finance Company regarding a personal loan which he had clearly declined. Despite sending multiple emails to their customer service expressing his disinterest, the company continued making calls at inappropriate hours, including one call at 11:15 PM. The company’s email responses were inadequate and dismissive, with one representative telling him to simply ignore the calls. Mr. X documented all communication attempts and call logs, showing a pattern of harassment that violated telecommunications regulations and caused mental distress. The continuous calls disrupted his daily routine and sleep, affecting his professional and personal life significantly.

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 with timestamps and maintain call logs. Send a formal legal notice through your advocate demanding immediate cessation of calls. Report the matter to TRAI (Telecom Regulatory Authority of India) through their online complaint portal for violation of Do Not Call Registry regulations.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 351 deals with criminal intimidation, while Section 75 covers intentional insult with intent to provoke breach of peace. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural framework for filing complaints. Additionally, the TRAI regulations under the Telecom Commercial Communications Customer Preference Regulations, 2018, specifically prohibit unsolicited commercial communications to registered DND numbers. Consumer Protection Act 2019 also provides remedies against unfair trade practices and harassment by service providers.

If You Are the Complainant

• Maintain detailed call logs with exact timestamps and caller identification
• Save all email communications and responses from the company
• Register your number with National Do Not Call Registry if not already done
• File complaint with TRAI online portal with supporting documentation
• Send legal notice through advocate demanding immediate cessation of harassment calls

If You Are the Victim

• Block the harassing numbers immediately on your phone
• Report to local police station if calls contain threats or continue after formal notice
• Approach consumer forum for compensation against unfair trade practices
• Contact company’s grievance redressal officer through official channels
• Seek medical certificate if harassment causes mental stress or health issues

How the Police Behave in Such Cases

Police initially may treat it as a civil matter and advise approaching consumer forum or TRAI. However, when harassment includes threats, abusive language, or continues despite legal notice, they register FIR under relevant BNS sections. Police cooperation improves significantly when approached through advocate with proper documentation. They typically advise victims to first exhaust grievance mechanisms before criminal action.

FAQs People Normally Have

Can I sue for monetary compensation? Yes, consumer forums can award compensation for mental harassment and unfair trade practices.

How long does TRAI take to resolve complaints? Typically 6-8 weeks, but urgent cases involving midnight calls are prioritized.

Will police register FIR immediately? Only if harassment includes threats or continues after formal legal notice.

Can company take legal action if I don’t pay? No legal obligation exists for declined loan applications; continued harassment is illegal.

What Evidence Is Required?

• Call logs showing frequency and timing of harassing calls
• Screenshots of declined loan application or rejection emails
• Email correspondence with company’s customer service
• DND registration certificate from TRAI website
• Audio recordings of threatening or abusive calls if legally recorded
• Medical certificates showing stress or health impact
• Witness statements from family members who heard the calls

How Long Will the Investigation Take?

TRAI complaints typically resolve within 6-8 weeks with penalty imposed on violating companies. Police investigations, if FIR is registered, may take 3-6 months depending on cooperation from the financial company. Consumer forum cases usually conclude within 6 months to 1 year. Quick resolution possible through settlement negotiations initiated by your advocate.

Advocate Sudhir Rao, Supreme Court of India