Recovery Agent Harassment Complaint Guide India (2026)

When a borrower falls even a few weeks behind on a personal loan, recovery agents sometimes call a dozen times a day, use abusive language, threaten to visit the workplace, or disclose the debt to a colleague, a neighbour or an employer. These acts are not “recovery”; several of them are criminal offences under the Bharatiya Nyaya Sanhita (BNS), 2023, and all of them violate the Reserve Bank of India's Fair Practices Code. The bank or non-banking financial company (NBFC) that engaged the agent remains legally responsible for what the agent does, which is why every complaint is filed against the lender, not just the agent. This guide maps the five complaint channels a borrower can use, in order, to stop the harassment and claim compensation.

1. Gather evidence: record the calls (lawful when you are a party to the call), screenshot the SMSs and WhatsApp messages, note the caller's number and the date and time, and keep any witness statements.
2. Complain to the bank's Nodal Officer first (named on the bank's website). The bank must acknowledge the complaint and resolve it within the period it has committed to under the RBI's grievance-redress framework.
3. If no reply within 30 days, or the reply is unsatisfactory, escalate to the RBI Ombudsman under the Reserve Bank - Integrated Ombudsman Scheme, 2026 (RB-IOS 2026), online at https://cms.rbi.org.in, by email to [email protected], or by post. File within 90 days.
4. File a police complaint (FIR) under the BNS, 2023 if there were threats, abuse, extortion or assault.
5. For a debt of ₹20 lakh or more, the Debt Recovery Tribunal (DRT) under the Recovery of Debts and Bankruptcy Act 1993 can be approached, including for a borrower's counter-claim.
6. A consumer-forum complaint under the Consumer Protection Act 2019 can claim compensation for deficiency in service and mental agony.

The Reserve Bank of India has told banks and NBFCs, in binding language, that they are responsible for the conduct of the recovery agents they engage. The operative instructions are in RBI's guidelines on recovery agents engaged by banks and in the Fair Practices Code for lenders. Read together, the following agent conduct is not permitted:

1. Calls or visits outside 8:00 AM to 7:00 PM.
2. Visits to the borrower's residence or workplace without prior notice.
3. Use of abusive or intimidating language, or threats of arrest, “court warrants” or legal action that does not exist.
4. Disclosure of the borrower's default to family, neighbours, relatives or the employer without the borrower's consent.
5. Impersonation of a police officer, a court official or a lawyer.
6. Physical force or seizing any asset without following the legal process.
7. Contacting the borrower once a grievance complaint has been lodged, until it is disposed of.

Because the bank is the principal and the agent acts on its behalf, the bank is vicariously liable. Every channel below is therefore directed at the bank (or NBFC), with the agent named as “acting on behalf of [Bank Name]”.

1. Section 351 — Criminal intimidation. Threatening harm to a person, reputation or property to cause alarm. Punishment: up to two years, or fine, or both.
2. Section 308 — Extortion. Putting a person in fear of injury to dishonestly induce delivery of property or money. Punishment: up to seven years, or fine, or both.
3. Section 356 — Defamation. Making imputations that harm reputation (for example, calling the borrower a “chor” in front of neighbours or colleagues).
4. Section 79 — Word, gesture or act intended to insult the modesty of a woman. Applies to sexually coloured or gender-based abuse.
5. Section 78 — Stalking. Persistent contact, following or monitoring that causes alarm; covers repeated unwanted calls and visits despite a clear request to stop.
6. Section 318 / 319 — Cheating and cheating by personation. Applies when an agent impersonates a police officer, a court official or some other authority.
7. Section 115(2) — Voluntarily causing hurt. If physical force is used during a repossession attempt; imprisonment up to one year, or fine, or both (higher if the hurt is grievous).

Before approaching the RBI Ombudsman, the borrower must first complain to the lender. RBI requires every regulated entity to have a grievance-redress mechanism with a named Nodal Officer at the head office and regional offices.

1. Address the complaint to the Nodal Officer (name, email and address are published on the bank's website under “Customer Grievances” or “Nodal Officer”).
2. Subject line: “Complaint Against Recovery Agent Harassment – Loan Account [Loan Account Number]”.
3. Attach: call recordings (on CD or USB), SMS and chat screenshots (printed), a dated log of incidents, witness statements, and a medical certificate if the harassment caused illness.
4. Send by registered post with acknowledgement due, and by email; keep the dispatch proof.
5. Keep the bank's acknowledgement and its final reply. If the bank does not reply within 30 days, or rejects the complaint, you may escalate to the RBI Ombudsman.

The Reserve Bank - Integrated Ombudsman Scheme, 2026 (RB-IOS 2026) came into force on 1 July 2026 and replaces the 2021 scheme. It is a “One Nation One Ombudsman”, cost-free mechanism covering banks, the larger NBFCs, Prepaid Payment Instrument issuers and Credit Information Companies. No lawyer is needed.

When you can file:

1. After the bank has been given 30 days to reply to your internal complaint and has not replied, or you are not satisfied with its reply.
2. Within 90 days of the day that 30-day period ends, or of the bank's last communication, whichever is later.

How to file:

1. Online: the Complaint Management System at https://cms.rbi.org.in.
2. By email: [email protected].
3. By post: Centralised Receipt and Processing Centre, Reserve Bank of India, Central Vista, Sector 17, Chandigarh – 160017.
4. Toll-free helpline: 14448 (available 24×7 for status and guidance; complaints are not filed through the helpline).

Compensation the Ombudsman can award:

1. Up to ₹30 lakh for consequential (financial) loss.
2. Up to ₹3 lakh for loss of time, expenses, and harassment or mental anguish.

After the Award: if you accept it, furnish your acceptance to the bank within 30 days. Either side may appeal to the Appellate Authority within 30 days of the Award.

The Recovery of Debts and Bankruptcy Act 1993 sets up Debt Recovery Tribunals, which hear bank recovery cases for debts of ₹20 lakh and above. If the bank has already filed an Original Application before the DRT, the borrower can file an application seeking a stay on further recovery action and compensation for harassment. If no bank case is pending, the borrower can still approach the DRT with a counter-claim.

1. The DRT with jurisdiction is the one where the bank's cause of action arose or where the borrower resides or works.
2. Court fee is a nominal fixed fee; there is no ad-valorem stamp duty as in a civil suit.
3. Attach the Nodal Officer complaint, the RBI Ombudsman order if any, the call log, and the medical certificate if relevant.

Note — The SARFAESI Act 2002 governs how a secured asset (a vehicle, a house) can be repossessed and sold. It lays down a notice period and a defined procedure; repossession outside that procedure is unlawful. If the agent threatened to “seize your vehicle tonight”, that is almost always illegal.

Criminal intimidation, extortion, defamation, insult to modesty and stalking by recovery agents are cognizable offences. When such acts are reported, the police are bound to register an FIR on information received.

Sections to cite (BNS, 2023):

1. 351 — Criminal intimidation
2. 308 — Extortion
3. 356 — Defamation
4. 79 — Insult to modesty of a woman
5. 78 — Stalking
6. 318 / 319 — Cheating / personation (if the agent impersonated an authority)
7. 115(2) — Voluntarily causing hurt (if there was physical force)

Procedure:

1. Go to the police station with jurisdiction over the place where the harassment occurred (usually your residence or office).
2. Submit a written complaint (sample below) with the BNS sections, dates, times, and the names and numbers of the agents.
3. Attach call recordings (CD or USB), printed screenshots, and witness statements.
4. If the Station House Officer (SHO) refuses to register the FIR, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 allows you to escalate the written complaint to the Superintendent of Police, who can direct registration. A complaint can also be filed before a Judicial Magistrate.

Tip — When you submit the FIR, carry two photocopies of the complaint and every attachment. Get both sets stamped and dated by the SHO — one for the police record, one for your file.

Under the Consumer Protection Act 2019, a borrower is a “consumer” of a banking service, and harassment during recovery is “deficiency in service”. No lawyer is required.

Pecuniary jurisdiction (per the 2021 Rules):

1. District Commission: claims up to ₹50 lakh.
2. State Commission: ₹50 lakh to ₹2 crore.
3. National Commission: above ₹2 crore.

How to file: on plain paper, or electronically through the e-Daakhil platform or the National Consumer Helpline at https://consumerhelpline.gov.in. A complaint must normally be filed within two years of the cause of action. The complaint can ask the forum to declare the bank's recovery process deficient and to award compensation for mental agony, plus litigation costs.

To,
The Nodal Officer,
[Bank Name],
[Head Office / Regional Office Address],
[City, PIN]
Email: [[email protected]]

Date: [DD/MM/YYYY]

Subject: Complaint Against Recovery Agent Harassment – Loan Account No. [XXXXXXXXXXXX]

Dear Sir/Madam,

I, [Your Full Name], holding Loan Account No. [XXXXXXXXXXXX] for a [Personal / Home / Vehicle] Loan disbursed on [Date], am a borrower of your bank. I am writing to complain against the recovery agents acting on your behalf for violations of the RBI Fair Practices Code and the Bharatiya Nyaya Sanhita (BNS), 2023.

Chronology of harassment:

1. [Date, Time]: Received a call from [Agent Name / +91XXXXXXXXXX]. The caller used abusive language and threatened to visit my office and disclose my loan status to my employer. (Audio recording attached as Annexure-A.)

2. [Date, Time]: An agent visited my residence at 9:30 PM, outside the permitted 8:00 AM – 7:00 PM window, and without prior notice. My neighbour witnessed the agent shouting in the common corridor. (Witness statement attached as Annexure-B.)

3. [Date, Time]: Received an SMS stating "Legal action and arrest warrant will be issued", when no court proceedings exist. (Screenshot attached as Annexure-C.)

These acts violate the RBI Fair Practices Code and the BNS, 2023 (sections 351 criminal intimidation, 356 defamation, and 308 extortion).

Relief sought:
1. Immediate cessation of all harassment and third-party contact.
2. A written apology from the bank.
3. Compensation of ₹[Amount] for mental agony and reputational harm.
4. Disciplinary action against the errant recovery agents.

I request your intervention within the timeline committed under your grievance-redress policy. Failing a satisfactory reply, I shall approach the RBI Ombudsman under RB-IOS 2026, file a police FIR under the BNS, 2023, and initiate consumer-court proceedings.

Yours sincerely,
[Signature]
[Your Full Name]
[Address]
[Mobile: +91XXXXXXXXXX]
[Email: [email protected]]

Enclosures: Annexure-A (call recording), Annexure-B (witness statement), Annexure-C (SMS screenshot), Annexure-D (loan account statement).

COMPLAINT TO THE RBI OMBUDSMAN
[Under the Reserve Bank - Integrated Ombudsman Scheme, 2026]

Online: https://cms.rbi.org.in
Email: [email protected]
Post: CRPC, Reserve Bank of India, Central Vista, Sector 17, Chandigarh – 160017

1. Complainant
   Name: [Your Full Name]
   Address: [Full Address with PIN]
   Mobile: +91XXXXXXXXXX
   Email: [email protected]

2. Regulated Entity
   Name: [Bank / NBFC Name]
   Branch: [Branch Name and Address]
   Loan Account No.: [XXXXXXXXXXXX]

3. Nature of complaint
   Violation of the RBI Fair Practices Code – recovery-agent harassment.

4. Internal complaint to the bank
   Date complaint made to the bank: [DD/MM/YYYY]
   Bank's complaint / acknowledgement number: [.......]
   Reply received? [Yes / No]
   Date of reply (if any): [DD/MM/YYYY]
   Reply satisfactory? No.

5. Details of harassment
   [Narrate the incidents in chronological order with dates, times, agent names/numbers, and the specific violation in each.]

6. Grounds
   a. Calls or visits outside 8:00 AM – 7:00 PM.
   b. Disclosure of the default to third parties (employer / neighbours / relatives).
   c. Abusive or threatening language, amounting to offences under the BNS, 2023 (sections 351, 356, 308).
   d. Mental agony and reputational harm.

7. Relief sought
   a. Direction to the bank to cease the harassment immediately.
   b. A written apology.
   c. Compensation up to ₹3 lakh for harassment and mental anguish, and any consequential loss, as admissible under RB-IOS 2026.

8. Documents enclosed
   - Copy of the complaint to the Nodal Officer and the bank's reply / acknowledgement.
   - Call recordings / SMS and chat screenshots.
   - Witness statements.
   - Medical certificate, if applicable.

9. Declaration
   I declare that the facts stated above are true to the best of my knowledge and belief.

Date: [DD/MM/YYYY]
Place: [City]

[Signature]
[Your Full Name]

To,
The Station House Officer,
[Police Station Name],
[Address],
[City, PIN]

Date: [DD/MM/YYYY]

Subject: Complaint under the BNS, 2023 (sections 351, 308, 356) – criminal intimidation and extortion by recovery agents.

Respected Sir/Madam,

I, [Your Full Name], residing at [Full Address], hereby lodge a complaint against the recovery agents acting on behalf of [Bank Name] for offences punishable under the Bharatiya Nyaya Sanhita (BNS), 2023.

Facts of the case:

1. I hold Loan Account No. [XXXXXXXXXXXX] with [Bank Name]. My EMI dated [Date] was overdue by [X] days due to a temporary financial difficulty.

2. On [Date] at [Time], I received a call from +91XXXXXXXXXX. The caller identified himself as [Agent Name / "Recovery Officer"]. He used abusive language and threatened to "send people to your office and home".

3. On [Date] at [Time], the same caller threatened that "we will file a police case and get you arrested", when no such proceedings exist. This is criminal intimidation under section 351 of the BNS, 2023.

4. On [Date] at [Time], the agent called my employer despite my refusal to share office contact, and disclosed my loan default, damaging my reputation. This is defamation under section 356 of the BNS, 2023.

5. On [Date], the agent visited my residence at 9:30 PM and demanded immediate payment of ₹[Amount], stating "if you don't pay now, we will seize your vehicle tonight", inducing fear. This is extortion under section 308 of the BNS, 2023.

Offences:
  - Section 351 BNS — Criminal intimidation
  - Section 308 BNS — Extortion
  - Section 356 BNS — Defamation
  - [Add section 78 (stalking), 79 (insult to modesty), 319 (personation) or 115(2) (hurt) if applicable.]

Evidence:
  - Call recordings (CD enclosed)
  - SMS / chat screenshots (printed)
  - Witness statement from [Witness Name]

Relief sought:
1. Immediate registration of the FIR.
2. Investigation of the accused agent(s).
3. Direction to the bank to cease all illegal recovery action.

I request you to register the FIR and investigate under the BNSS, 2023.

Yours faithfully,
[Signature]
[Your Full Name]
[Address]
[Mobile: +91XXXXXXXXXX]
[Email: [email protected]]

Enclosures: call recording (CD), SMS screenshots, witness statement, loan account statement.

The amount a borrower recovers depends on the forum and on the evidence of harassment.

1. RBI Ombudsman (RB-IOS 2026): up to ₹3 lakh for harassment, time and expense, and up to ₹30 lakh for consequential financial loss.
2. Consumer forums (CPA 2019): compensation for mental agony and deficiency in service, fixed by the forum on the facts. A medical certificate and documentary evidence materially increase what is awarded.
3. Debt Recovery Tribunal: compensation can be sought as part of a borrower's counter-claim.
4. Criminal court: on conviction, the court may direct the accused to pay compensation to the victim under the victim-compensation provisions of the BNSS, 2023.

None of these amounts is automatic. The borrower has to produce the recordings, the screenshots, the dated log, the witness statements and (where relevant) the medical certificate.

Yes, if you are a party to the call. Indian law permits a person to record their own telephone conversation when they are one of the parties to it. Such a recording is admissible before the RBI Ombudsman, the consumer forum and the police. Keep the recording in its original form on a CD or USB, unedited, and file a certificate under section 63(4) of the Bharatiya Sakshya Adhiniyam (BSA), 2023 affirming its authenticity. (This replaces the old section 65-B certificate under the Evidence Act, 1872.)

No. Loan default is a civil liability, not a crime. The BNS, 2023 does not make non-payment of a loan EMI a criminal offence (the only related criminal provision is cheque dishonour under section 138 of the Negotiable Instruments Act, 1881, which concerns a dishonoured cheque, not an EMI default). An agent who threatens a false “criminal case” or “arrest warrant” commits criminal intimidation under section 351 of the BNS, 2023 and breaches the Fair Practices Code. File an FIR.

Yes, if the RBI ground-rules were broken. Even a polite agent must visit only between 8:00 AM and 7:00 PM, give prior notice, carry a photo-identity card and a bank authorisation letter, and not contact family or neighbours without your consent. A breach of any of these is a valid ground for a Nodal Officer complaint and, if unresolved, an RBI Ombudsman complaint.

No. The Debt Recovery Tribunals hear cases where the debt is ₹20 lakh or more. For a smaller loan, your remedies are the RBI Ombudsman, a police FIR for any criminal acts, and a consumer-forum complaint under the CPA, 2019 for deficiency and mental agony. A civil suit is also possible but is slower and involves court fees.

Act quickly. Under the SARFAESI Act 2002, a secured asset can be taken and sold only after the bank issues the prescribed notices and follows the procedure under section 13 and the Security Interest (Enforcement) Rules, 2002. A roadside seizure without that process is unlawful. File an application before the Chief Metropolitan Magistrate or the DRT, complain to the RBI Ombudsman, and lodge a police complaint for criminal intimidation and extortion.

Not for the RBI Ombudsman or the consumer forum. Both are designed to be handled by the borrower, and the RBI Ombudsman process does not allow an advocate as representative unless the advocate is the aggrieved person themself. A lawyer helps for DRT counter-claims and for a criminal trial, and is advisable for consumer claims of higher value.

For using the Right to Information route to obtain records a bank or telecom provider holds (such as call-detail records that can identify a withheld number), see The RTI Playbook.

Last reviewed: 17 July 2026.