Vunnam Venkatesh vs The State Of Telangana
2021 Latest Caselaw 3707 Tel

                      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

2008(7) SCC 532

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