The Hon'ble Sri Justice B. Vijaysen Reddy
W.P. No. 12838 of 2021
Order:
Heard learned counsel for the petitioner and learned counsel for
respondent No.6. There is no representation for respondents No.1
to 5.
2. The limited grievance of the petitioner is that respondents No.2 to 6/Banks are harassing, humiliating and using muscle power against the petitioner for repayment of credit card loan through recovery agents and the action of the respondents No.2 to 6/Banks is arbitrary and against the RBI Guidelines on Fair Practices Code for Lenders, dated 05.05.2003, and thus, violative of Articles 14 and 21 of Indian Constitution.
3. Learned counsel for the petitioner submits that in ICICI Bank vs Shanti Devi Sharma and others1, Hon'ble Supreme Court of India has taken into consideration the guidelines issued by the RBI with regard to methods to be resorted to by recovery agents.
4. Learned counsel for the petitioner refers to Para 12 of the said judgment wherein the Hon'ble Supreme Court has referred to the guidelines in Para 6 of the Code of Bank's Commitment to Customers (for short 'the Code'), for collection of dues.
5. Respondent No.6, in its counter, submitted that there was no threat by any recovery team on behalf of respondent No.6/Bank; bald 1 2008(7) SCC 532 2 allegations are made by the petitioner; there is an outstanding amount of Rs.4,71,691.81 ps., payable by the petitioner; the last amount paid by the petitioner was on 16.02.2021 and the balance amount has to be paid by the petitioner.
6. In the above facts and circumstances, this Writ Petition is disposed of with a direction to respondents No.2 to 6/Banks to follow the guidelines issued by the RBI under the Code and the judgment of the Supreme Court in ICICI Bank (1 supra), if they intend to recover loans from the petitioner. However, if the above guidelines are violated, appropriate action would be taken against respondents No.2 to 6/Banks.
7. Subject to the above direction and observation, Writ Petition is disposed of.
As a sequel, Miscellaneous Petitions, pending if any, stand dismissed.
___________________ (B. Vijaysen Reddy, J) Dt: 23rd November, 2021 lur