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 downloaded a loan application called ABC.app and began the KYC verification process. After completing approximately 50% of the required documentation, he decided against proceeding with any loan application. Despite never taking any loan or completing the verification, ABC.app continued calling him persistently, demanding he complete his profile. Mr. X blocked their numbers and sent an email requesting complete account deletion and data removal. The company ignored his deletion request and continued their harassment calls from different numbers. This created significant mental distress and privacy concerns for Mr. X, who sought legal recourse to stop this unauthorized communication and ensure his personal data was permanently deleted from their systems.

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 communications including call logs, screenshots of messages, and your email requesting account deletion. File complaints with the Reserve Bank of India (RBI) against the lending app for harassment. Report the matter to cybercrime cells as this involves data privacy violations. Maintain records of mental harassment caused by persistent unwanted calls.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 351 covers criminal intimidation, while Section 79 addresses acts intended to insult. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural framework for filing complaints. Information Technology Act, 2000 covers data protection violations. Consumer Protection Act, 2019 provides remedies against unfair trade practices. RBI guidelines on digital lending platforms also apply, making unauthorized harassment after loan refusal a regulatory violation requiring immediate cessation.

If You Are the Complainant

• File online complaint with RBI Ombudsman against the lending platform for harassment
• Lodge FIR at cybercrime police station citing privacy violations and criminal intimidation
• Document all call records, messages, and your account deletion requests as evidence
• Submit complaint to National Consumer Disputes Redressal Commission for unfair practices
• Send legal notice demanding immediate cessation of calls and complete data deletion

If You Are the Victim

• Immediately block all numbers and mark calls as spam to create digital evidence trail
• Screenshot all messages, call logs, and save your account deletion email requests
• Report the app to Google Play Store or Apple App Store for policy violations
• Contact telecom operator to register DND complaint against the harassing numbers
• Seek psychological counseling if harassment causes mental distress and maintain medical records

How the Police Behave in Such Cases

Police typically treat such matters as civil disputes initially. They may suggest approaching consumer forums first. However, when presented with evidence of criminal intimidation and data privacy violations, cybercrime cells are more responsive. Police often require substantial documentation and may request technical evidence. Filing through proper cybercrime channels with legal representation usually ensures serious investigation rather than casual dismissal.

FAQs People Normally Have

Can apps legally harass after incomplete KYC? No, once you refuse services and request data deletion, continued contact constitutes harassment.

Is incomplete KYC legally binding? Absolutely not. Starting verification creates no legal obligation to complete or accept services.

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

How long should companies take to delete data? Under data protection principles, deletion should occur within reasonable timeframe, typically 30-90 days.

What Evidence Is Required?

• Call logs showing repeated harassment calls with timestamps
• Screenshots of messages or app notifications demanding profile completion
• Email correspondence requesting account deletion and company responses
• Bank statements proving no loan was taken or money received
• Medical certificates if harassment caused psychological distress
• Witness statements from family members who observed the harassment
• Technical evidence showing incomplete KYC status and no active loan accounts

How Long Will the Investigation Take?

RBI Ombudsman typically responds within 30 days and resolves complaints within 90 days. Police cybercrime investigations may take 3-6 months depending on cooperation from the app company. Consumer forum cases usually conclude within 6-12 months. Swift resolution often depends on quality of evidence and legal representation ensuring proper procedural compliance.

Advocate Sudhir Rao, Supreme Court of India