If you’ve missed EMIs or defaulted on a loan, recovery agents knocking on your door can be stressful. But are such home or workplace visits allowed under Indian law? The answer is yes—but with strict conditions. The Reserve Bank of India (RBI) has laid out detailed guidelines to protect borrowers from harassment while allowing banks and NBFCs to pursue legitimate recovery efforts.
RBI guidelines: Recovery is legal, but methods matter
According to the RBI’s Fair Practices Code, recovery agents can visit borrowers to recover dues, but they must do so within specific boundaries:
• Permissible timings: Agents can contact or visit borrowers only between 8:00 AM and 7:00 PM. Visits outside this window are considered harassment unless the borrower explicitly consents.
• Respectful behaviour: Recovery personnel must maintain civility, avoid threats or abusive language, and not use force or coercion.
• No shaming in public: Agents cannot harass borrowers in their office or in front of their neighbours, or reveal loan details to outsiders.
• Identification is required: Recovery agents must show valid ID cards and authorization letters of the bank or NBFC they are representing.
Can they visit your workplace?
Yes, but only if otherwise they cannot reach you and they need to follow the same respectful behaviour rules. Workplace visits must be discreet and not humiliate you or damage your image. In fact, such visits are not recommended unless all other communication possibilities are exhausted.
If you are convinced that your privacy is invaded or your dignity offended, you can register a complaint with the lender and, if that fails, with the RBI Ombudsman.
Borrowers have legal safeguards
Borrowers have clear rights under RBI and laws:
• Right to dignity: You cannot be threatened or intimidated because you defaulted on payments.
• Right to privacy: No one, not even your neighbours or colleagues, can be notified of your loan.
• Right to complaint: If a recovery agent is acting in a wrong manner, you can complain to the bank as well as approach the RBI Ombudsman or lodge a police complaint in extreme circumstances.
The Supreme Court and many High Courts of India have always held against harassment recovery and in favour of the rights of borrowers.
What to do if you're being harassed
1. Document interactions: Record calls, retain messages, and keep a visit record.
2. Lodge a complaint with the lender: APBs and NBFCs possess a grievance redressal mechanism.
3. Approach the RBI Ombudsman: If not resolved within 30 days.
4. Report to the police: For threats, assault, or invasion of privacy.
Loan recovery agents can call APBs and NBFCs' borrowers at home or in their office—but only within well-defined legal boundaries. Borrowers have a right to privacy, dignity, and remedies in case of any impropriety.
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