Legal Question in Consumer Law in India
Hi,
I have been receiving calls from a certain Bank about clearing off pending payments. They are literally harassing me everyday making more than 130 calls in the last 3 months. I am a night shift employee and get disturbed by the numerous calls that they make everyday.
The point is that they are not searching for me but a totally different person, and i have been receiving calls from their collection agents.I have told them that i am not the same person and that i do not avail any of the banks services but they still would not listen and call everyday asking for the same person. When informed that i would file a complaint they ask me to do whatever i can and they will face it.
They call from 3 different numbers and whenever i call the numbers it says "the number does not exist". I am not sure if my Telephone provider would be able to give me a list of incoming calls.
The only evidence i have for these numbers is the caller ID list that is stored on my phone for all incoming calls.
Can i file a consumer complaint in the consumer court?
Is my case strong enough to withstand in that court ?
Do i need an attorney to represent me in this case?
4 Answers from Attorneys
You can file the complaint and your case is strong enough.
It is your decision to have an attorney. Possibly you may want to attend yourself since you are a night-shift employee. Even if you decide to attend the case yourself, it is better to consult a lawyer and first issue a legal notice in order to fortify your case.
1] Actually u dont have any case before the consumer as u ve not availed any facility of that bank. u should approach local police station and lodge a complaint of criminal intimidation and politely ask the police personnel to call the concerned bank official at police station to clarify the situation.
Or
2] engage a lawyer and send a legal notice to the concerned bank regarding the harassment faced by u at the hands of their collection agent.
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