Complaint Details

Status	:	Closed
Complaint No	:	0002359/2012
Category	:	Banking
Date	:	28-09-2012
Subject Line	:	Harassment by Bank.
Complainant	:	Vinod H Soni
Address	:	BK No.416 Room No.2, Near Waheguru Apartments,Near Maya Gas Services, Gol Maidan,Ulhasnagar 421001.
Complainee	:	Barclays Bank PLC
Address	:	601,602 Ceejay House 6th floor, Shivsagar Estate, Dr.A.B.Road, Worli,Mumbai

Complaint Details
1.Against loan amount of Rs.2 lakhs I have already cleared 44 EMI out of 48 EMI.
Out of 44 paid EMI I have paid 23 EMI continuously with out bouncing one EMI. Earlier I defaulted 4 EMI but that was because I had lost my job & I had no source of income. My bankers were fully aware of that situation. The system of EMI was bank were presenting ECS through bank on 5th of every month.
I had cleared my ECS of month of June on 5th June 2012. Bank were fully aware of that my salary was not that much to pay 2 EMI in one month. & number of times I had cleared from my side . I was shocked when my Bankers ICICI debited my account of Rs.394/- for bouncing of ECS on 23/6/2012. I raised the matter with Barclays Bank and complained them about when I have already paid my regular EMI on 5th June 2012 than why bank presented my ECS on 23/6/2012 and bank were fully aware of my inability to pay 2 EMI in one month.

I requested Barclays Bank for closure of my account in one stroke and clearly asked them not to present ECS instrument with out information/Intimation to me. I was in great shock after learned from my bankers ICICI that Barclays Bank had presented ECS with out any information/ intimation to me on 27/7/2012 also. . I was penalized for another Rs.394/- for bouncing of ECS with out any fault from my side.
On raising this issue with Barclays Bank instead of accepting their mistake of presenting the ECS with intimation/information to me they threaten me of number of times they present my ECS instrument . Because of this harassment by Barclays Bank I suffered financially as ICICI bank penalized me for ECS bouncing, I lost my credibility in Bank, I face mental agony, I lost my concentration in my job .

2).Harassment due to abusive Recovery Practices.

After mischief of Barclays Banks presentation of ECS with intimation or information on 23/6/21012, I approached bank for my pending loan amount so that I can close of loan account in one stroke. Bank had started harassment by abusive recovery process through number of Recovery agent .Some of the recovery agents are behaving with me like some social elements, they had visited number of times in my home and many times in my absent talked rough with my wife and family members. They started threaten me on telephone number of times thus disturbing my job work, they insulted , abuse me. Given emotional & mental tension, inconvenience and agony. On complaining all these nonsense of recovery agents instead of stop all these harassment they openly threaten me of more harassment until I not cleared my loan account. I have observed that these recovery agents are not trained and even not having police clearance certificate required as per as per RBI recovery agent Guide lines.

3).They threaten me of spoiling of my CIBIL statutes if I not pay all my pending EMI along with unfair penal interest , ECS bouncing charges etc.

4). I add that Bank is indulging in unfair trade practice, illegal means and extortive approach. It has grossly violated and continue to breach:
A] Code of Bank’s Commitment to Customers of BCSBI
B] Fair practice code and collection policy mandated by RBI
C]Master circulars of RBI on Loan recovery.:
D] Judgments and directives of hon’ble SUPREME COURT OF INDIA in following cases:
a. Criminal Appeal arising out of SLP (Crl.) No. 4935 of 2006
ICICI Bank versus Shanti Devi Sharma & Others.

b. 2007 (2) MLJ 854 (SC) Manager, ICICI Bank Ltd versus Prakash Kaur & Others dated 26-02-2007

E] Various provisions of The Consumer Protection Act 1986

F] Provisions of IPC and Cr PC

5). I reiterate that, I believe in fair dealings and I am prepared to pay to the bank what ever is officially, legally and justifiably due.
I here by request your office to look in to matter and please help me to resolve my grievance with Barclays Bank.

Thanking you,
Yours faithfully

Vinod Holaram Soni

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