How To File A Complaint Against a Loan Recovery Agent?

loan recovery agent

Anyone who has ever taken out a loan is aware that, in the event that they fail to repay it, debt collectors may pursue legal action against them. Many individuals don’t know how to manage the harassment from loan recovery agents or agencies, which may be a very unpleasant experience. We will go through some advice for handling this problem in this blog article.

In India, the banking and financial services industries are governed by the RBI. RBI has the authority to look into claims of unfair business practices, deficiencies in banking services, and deficiencies in customer care for loans and advances, including those involving bank fees and other service fees imposed by banks on their clients. Here are some ways to get you started if you wish to complain to the RBI about your bank:

A Banking Ombudsman has been formed by the Reserve Bank of India to address consumer complaints about subpar bank services. The Banking Ombudsman Scheme is a quick and affordable way to settle grievances regarding particular bank services.

Consumers are taking out loans for both personal and professional projects thanks to the streamlined loan sanctioning process. Contrarily, it has been observed that many customers are unable to pay back their debt owing to a variety of factors. There was a severe debt issue during the pandemic, when companies were affected along with an economic downturn, leading to several lawsuits and court-ordered action.

Who is a loan recovery agent? What can he not do?

A recovery agency is often a third-party organization hired by a bank to collect loan payments from customers in exchange for a fee or a portion of the overall debt. To recover money for banks, recovery companies typically pursue businesses and consumers.

Due to their sleazy behavior and unethical methods of money collection on behalf of banks, recovery agents are feared by a lot of people in India. Recovery agents have frequently threatened loan defaulters. In a distressing incident, a Mumbai man who had taken out a personal debt of Rs 50,000 committed suicide and blamed the death on a recovery agency.

It is forbidden to invade your private

A recovery agent is not permitted to compromise your privacy, per the regulations. That implies he is not permitted to talk about the loan with his coworkers or neighbors. You have every right to lodge a complaint against the recovery agent if he engages in this behavior.

Cannot avoid disclosing their identities.

You must always verify a recovery agent’s identification whenever they come to collect money from you. Every recovery agent needs a card that was issued by the bank or by the bank’s authorities.

Avoid using foul words

Recovery personnel is not permitted to be harsh when pursuing unpaid debts on banks’ behalf.

What is harassment by a Loan recovery agent?

When a debt collector approaches you repeatedly in an effort to collect a debt, this is referred to as loan recovery agent harassment. This may be accomplished through conversations over the phone, emails, texts, or even in person. The loan recovery agent’s objective is to get you to repay the amount as quickly as feasible. The following behaviors will be regarded as harassment: contacting your friends and family about your debt without your knowledge.

  • Calling you and placing pressure on you to make loan EMI payments.
  • Threatening you, your loved ones, or your family.
  • Trying to embarrass you by showing up at your house or place of business unprepared.
  • Insulting you in front of others by stating that you have debts and are unable to make payments.

What policies does the RBI have for loan recovery agents?

In order to prevent debt collectors from harassing customers, the RBI has put in place various rules. These recommendations include:

  • If debt collectors are aware that you are not permitted to take personal calls at work, they cannot contact you there.
  • They cannot in any way annoy or threaten you.
  • They are not allowed to speak to you in an offensive or violent manner.
  • They must have a letter of authorization from the bank and proper identification.
  • You are not accessible before 7 a.m. and after 7 p.m.
  • You can lodge a complaint with the RBI if a debt collector engages in any of these actions.

How should I handle harassment from debt loan recovery agents?

The first step you should take if a loan recovery agent is harassing you is to attempt and politely explain the issue. Most of the time, these agents are simply going about their business and are unaware that they are adding unnecessary tension. They could be more accommodating and accepting of your financial circumstances if you can calmly explain them to them. If the above does not stop the harassment from debt collection agents, try some of the following:

  • Record every contact the debt collector makes, including calls, emails, and text messages. You can use this to record the harassment and provide evidence that it is occurring.
  • Consult a lawyer to learn more about your legal options and how to stop the harassment.
  • If the debt collector violates any of their rules, file a complaint with the RBI.
  • Don’t be reluctant to take action if a debt collection agency is harassing you. The sooner you take action, the faster the problem will be fixed.
loan recovery agent

What are the possible legal measures to halt harassment?

There are a few legal options accessible to you if a loan recovery agent or agency is harassing you. You can report the harassment to the RBI or consult a lawyer about your rights and what you can do to stop it. If the debt collector has breached any laws, you could also be entitled to sue them in civil court. Here are some particular legal options you can look into:

Making a police station complaint against Loan Recovery Agent:

You can file a formal police complaint against the bank or the collection agency or the loan recovery agent. They will probably stop harassing you after you report them to the appropriate authorities.

A civil injunction suit can be brought in court to seek temporary relief against the bank as well as damages for wrongdoing. You have every right to make a complaint if a recovery agent is acting inappropriately or if he is harassing you. You must first speak with the relevant bank branch and let them know about the problem. You may contact the police if they don’t answer.

Suing for defamation:

If the bank and recovery agency violated RBI norms and attempted to disparage you, you may sue them for their actions.

Suit for trespassing:

If debt collection agents visit your house or place of business without your knowledge or agreement, you may directly file a lawsuit against banks for trespassing and unauthorized access.

Make a complaint to your bank:

You can take your complaint to the bank’s Ombudsman if you feel that a third-party recovery agent is harassing you in any way.

If the bank’s Ombudsman is unable to settle your complaints, you may register a complaint with the RBI. If the RBI determines that the bank or one of its representatives has breached RBI criteria, it may take significant action. Bajaj Finance was recently fined Rs. 2.5 crores by the RBI for harassing clients through its collection agents. This case demonstrates the seriousness with which RBI takes the implementation of its policies and the defense of borrowers against such unlawful harassment. These were some advice for dealing with threatening loan recovery agencies.

Agents fussing about debt recovery may seem like a minor concern, but there have been instances when people have attempted suicide or had mental anguish as a result of the agents’ sloppy behavior. Through their actions, the agents annoy the clients. Some of the main behaviors that the agents routinely engage in include contacting frequently or showing up at the customers’ homes on a regular basis, sending vulgar messages via social media or mobile devices, and calling or approaching neighbors.

Submit a grievance to the banking ombudsman

You can get in touch with the banking ombudsman if you don’t want to report anything to the police. Due to several complaints about the behavior of the recovery personnel throughout the recovery procedure, the banking ombudsman now accepts client complaints. For the goal of addressing customer-posted financial complaints, the Banking Ombudsman was established.

Where can you file a complaint against the loan recovery agent?

You might be wondering where to submit a complaint if you had a bad experience with a loan recovery agent. Fortunately, there are several areas where you may express yourself. We will talk about the many possibilities you have in this blog article. Additionally, we will give instructions on how to lodge a grievance against a recovery agency. For more details, continue reading!

Recovery agents’ harassment is a severe issue. You can report to the Bank Ombudsman if you’ve been the target of harassment. You can also speak with your neighborhood consumer court. You can even get in touch with the police if you believe that a recovery agent has threatened or intimidated you.

Banking Ombudsman Program

The Bank Ombudsman Scheme is among the greatest ways to file a complaint. It is a service offered by the Reserve Bank of India to address complaints made against banks over particular services they supply.

The complainant must first approach the relevant bank and give them an opportunity to remedy the issue before filing a complaint with the Bank Ombudsman. The complaint may contact the Bank Ombudsman if the issue is not handled by the bank or if they are not pleased with their response.

It is easy and hassle-free to file a complaint with the Bank Ombudsman. The Bank Ombudsman can be contacted in person, by letter, or by email by the complainant. Make careful to give as much information as you can when submitting a complaint. Include any witnesses who may have been there, along with their names and contact information. Include any supporting evidence you may have, such as text messages or emails, in your complaint if you have any.

The Ombudsman will investigate the complaint after receiving it and attempt to mediate a resolution between the parties. If the issue is not resolved, he or she has the authority to grant the complaint a victory. The bank is required to abide by the Ombudsman’s decision.

Please be aware that while you do have the ability to complain about a recovery agency through the Bank Ombudsman system, this is not your sole choice. You might even go to court or your local police department if you feel your issue has not been satisfactorily addressed.

Use the assistance of a reputable organization

Additionally, there are reputable businesses that can protect you from harassment and negotiate loan payments with banks on your behalf. Loansettlement.com will assist you in connecting with the appropriate parties and stopping harassment from recovery agencies. They have a group of professionals on staff that are knowledgeable about the loan settlement procedure.

You have a few choices if you wish to complain about a recovery agent, but these are only a few of them. We advise you to investigate all of your possibilities before choosing. After determining where to register your complaint, make sure to compile all necessary supporting documents and proof.

Addressing the offender

In the event that lenders don’t follow the rules, it might be difficult to get them to take legal action against their recovery agents. According to the regulations, lenders are accountable for the conduct of their representatives. Therefore, lending banks insist that none of the standards are broken by their representatives.

Recovery agents must record and keep records of all calls they make to debtors. The financial institution must be allowed to listen to the calls and conduct an investigation if clients complain to their lender that the representative was abusive or threatening. However, lenders hardly ever act in such a manner.

RBI Policies for Loan Recovery Representatives

Loan recovery agencies are prohibited from harassing borrowers in any way by law and are subject to strict standards. These consist of:

  • When hiring loan recovery agents, banks must have a thorough framework in place, and they are accountable for any complaints made against them.
  • The recovery agency’s specifics must first be disclosed to borrowers.
  • When meeting with the defaulter, the agent must also bring a copy of the bank’s notification and the authorization letter.
  • Banks are not permitted to refer a case to a recovery agency if a borrower has filed a complaint before the complaint has been resolved or dismissed.
  • However, if the bank is persuaded by the evidence that the accusations are unfounded, this is void.

Based on a borrower’s financial behavior and credit score, banks and other lenders can typically tell when a borrower is about to default.

Each lender will have a different procedure they follow, but generally speaking, it is seeking to alter certain terms to make it easier for the borrower to pay back the loan, such as lengthening the payback period.

In the event that this is unsuccessful, loan collection agents or, in the case of secured loans, the seizure of assets may be used. The lender may write off the debt or designate the borrower/company as a Non-Performing Asset (NPA) if neither of these options proves successful.

Conclusion

Because harassment is illegal, you can report loan collection agents’ harassment to the RBI Banking Ombudsman. Why you shouldn’t suffer in quiet, what you can do, and how the Banking Ombudsman can help are all explained by our specialists. There might be a number of causes for your inability to make installment payments on schedule. The best course of action is to contact credit counseling organizations and request assistance if the cause for non-payment is permanent. Additionally, you should contact the bank if you believe you are being harassed. And if you’re not happy with its response, contact the banking ombudsman.

consumer forum complaint

If you are facing similar issues related to unauthorized wallet transactions, the amount deducted but the transaction failed, bad customer support, fraudulent transaction, beneficiary not credited, No Cashback available, etc. then you can file a Banking complaint at Voxya, India’s trusted platform for resolving consumer complaints.

How to report an unauthorized transaction in ICICI bank?

ICICI bank

To stop unauthorized transactions and lessen the harm, it’s critical to report suspected fraud as soon as possible. You may discover the necessary numbers, the subsequent actions, and the assistance options here. Let’s have a look at how to register an ICICI bank complaint and get your issues sorted with the best results:

Report a scam or fraud

Report a Fraud: When you see strange activity on your accounts, such as a transaction you weren’t aware of or a change to your contact information someone else made without your knowledge, you should report it as fraud.

Report a Scam: A scam occurs when you deliberately part with your money and/or personal information in believing you are dealing with a trustworthy individual or business. It may have been. Intimidation, promises of money, goods, or services, and false investment returns are used to do this.

How to report an unauthorized transaction in ICICI bank?

You can visit one of the Indian branches of the ICICI bank or call on their helpline number using free plan minutes if they are available. However, since phoning our customer support department is quicker, we advise doing so. Please be aware that calls may be recorded for quality assurance and training. The first step that you need to take is to inform the Bank about the unauthorized transaction. You may ban your credit or debit card from guarding against more unauthorized transactions.

  • Call Customer Care and use Internet Banking
  • Click to block using Internet Banking.
  • After selecting the “Customer Services” tab, select “Service Requests.”
  • Select “More” under “Bank Accounts” to disable Debit Cards.
  • Choose “Block Debit / ATM Card” under “ATM/ Debit Card Related.”
  • To ban the card, choose your debit card, a reason, and then click “submit.”
  • Select “More” under “Credit Card” to ban Credit Card.
  • Choose “Block Credit Card” under Credit Card Dispatch Related.
  • To block the card, choose your credit card and press “Submit.”

Prepaid cards

Please call ICICI Bank Customer Care at 1800 2662 to ban the prepaid card.
Or
To use the ICICI Bank Prepaid Card self-care site and log in, click the link below. Click on New User Sign Up to establish a new username and password.

  • https://inrprepaid.icicibank.com/customer/login.jsp
  • To block the card, go to the modify card status tab.
  • Customers of the Pradhan Mantri Jan Dhan Yojana (PMJDY) can report an unauthorized transaction by calling 18002660199.
  • If both Meal and Multi Wallet Cards (MWC) are connected via the same contact number, the ICICI Bank Pockets app might ban both. Download the ICICI Bank Pocket App from the Play Store. On the main page, choose MWC. Choosing the card number On a single touch, the option to unlock a blocked card is offered.

Please have the following information available if you need to report unauthorized prepaid card transactions.

The number on prepaid cards.

  • Type of transaction, including internet, retail, and ATM
  • The transaction’s date
  • Amount of a transaction

The Bank is required to protect the account holder’s funds. According to a rule established by the RBI, any damage suffered by the account holder due to an unauthorized withdrawal of funds from his account must be borne by ICICI Bank.

The departmental investigation by the Bank is not admissible in court. In court, only police investigation reports are permitted. Therefore, meeting with the Bank in Malad would be a time-waster.

You ought to wait for the police report that the IO submitted following section 173. You should submit a protest petition against the IO if it sided with the Bank.

How does ICICI banks look into fraudulent transactions?

In what ways do banks look for fraud? Bank investigators often begin by reviewing transaction data to search for any fraud red flags. It is possible to demonstrate whether the cardholder participated in the transaction or not using time stamps, location information, IP addresses, and other components.

The definition of an unauthorized transaction

Any transaction that you didn’t make and that you didn’t authorize anybody else to make is considered an unauthorized transaction. Someone who finds or steals your card or account information might use it to make unauthorized purchases. You would have to challenge the transactions with your card issuer in either scenario.

Will my Bank cover the cost of stolen funds?

As long as the consumer follows the fraud reporting processes, banks are normally required to repay the money. As long as the consumer adheres to the Bank’s prompt fraud reporting processes, banks typically provide debit fraud protection and must reimburse the money.

My debit card was used, but the Bank can tell?

Your Bank is able to trace stolen cards, but the tracking isn’t ideal. Generally speaking, it can only track the card if it is used. Additionally, it is fair to anticipate that they would have left by the time law enforcement could arrive because customers often make their payments as they are leaving a retail shop.

Report activities have taken that weren’t yours:

Before reporting, please read the following guidelines.
Call Customer Care at (800) 2662 to report Internet Banking, credit, debit, and prepaid card transactions that you did not make.

To report unauthorized Internet Banking transactions

  • Account number and Customer ID
  • Date of transaction
  • Amount of the transaction type of transaction, such as NEFT or RTGS

To report unauthorized use of a debit card or ATM card

  • The number on a debit or ATM card
  • Type of transaction, such as a cash withdrawal, shopping at a local grocery store, or online
  • The transaction’s date
  • Amount of a transaction

Please call ICICI bank customer care right away at one of the lines listed above if you believe you have been a victim of fraud that has affected your account or card. After you’ve done that, it’s also advised that you file a fraud complaint with your neighborhood police department and obtain a crime reference number. If your debit card or checkbook has been taken, you should also inform your neighborhood police department.

What will be the next steps?

Here are the things that will happen after the Bank has received your complaint related to the unauthorized transaction:

Following the reporting of fraud
You’ll receive a case reference number from us. Normally, this would begin with “SR.” This should be written down and stored safely since it is proof that your case has been registered.

The team will look into it and get in touch with you.
The executives will contact you by phone or email to provide an update within seven days. In the event that they can’t reach you via phone, they can also accomplish this by email. Experts will always get in touch with you using the registered contact information. It is crucial that you keep the Bank informed of any changes to your contact information.

As part of your case, they may give you a transaction dispute form to complete with the specifics of what transpired. When you receive this, please fill it out and return it to us within ten business days. Any interim refund they have already granted you will be withdrawn back out of your account if they don’t get your form by the deadline in 10 days.

Chargebacks
In the event that something goes wrong, ICICI may attempt to reclaim your money through a chargeback. You must first make an effort to remedy the issue by getting in touch with the store. This is what occurs if you’ve tried to resolve a disagreement with us but were unable to.

The store and their Bank have the chance to react with clarifications and supporting documentation. With the current state of things, this might take up to 45 days or more. In order to continue your disagreement, we may ask you for further information and/or supporting documentation. This could be:

  • A receipt or invoice, the retailer’s terms and conditions, documentation of your attempts to cancel the purchase or return the items, and proof that you contacted ATOL or ABTA if needed.
  • Evidence that the store rejected your complaint
  • The majority of issues will be looked into within three months of the day they were initially brought up with the store.

Working out on the unauthorized transactions for credit card

The number of illegal or fraudulent transactions is rising alarmingly in India, along with the growth in credit card usage. International websites can charge your card even if banks use security safeguards like one-time passwords (OTP) to allow online purchases. Therefore, if someone obtains your credit card information, they may very possibly use it on websites in other countries.

After a fraudulent purchase, what to do.

  • As you can see in the last section, RBI has significantly reduced consumers’ responsibility for fraudulent transactions. Consequently, don’t worry and keep your cool.
  • Call the customer service number, which is often printed on the back of your card, right away and inform them of the fraudulent purchase.
  • Inform them that you wish to contest the transaction and inquire as to how to do so (different banks follow different procedures, some will ask you to fill out a form, and some will take requests over the phone).
  • Request that a new card is issued and the current card is blocked.
  • Request a reference number from them so you may record the conversation.
  • Report the issue by email as well, including the reference number you were given during the phone call, just to be cautious.
  • Give the Bank all the paperwork they require. Typically, they want copies of the FIR and the front of the credit card.
  • The Bank will now look into the transaction, and in the interim, they will right away restore your card’s credit limit for any fraudulent transactions.
  • Bank will inform you of the findings when they have finished their inquiry. If it ends out in your favor, the Bank will take the loss. If it works against you, request the proof that made it work that way. In the meanwhile, the Bank will cancel the credit that was reinstated due to a fraudulent transaction.
  • Review the data and refute once more, this time defending your position. You must offer proof to back up your claims.
  • Bank will have a look at your defense while also restoring the credit limit once again. They will inform you of their decision after they have made it. If it works out in your favor, the Bank will take the loss and make the credit permanent. If not, you will be required to pay the sum plus interest.
  • You may submit a complaint to the Banking Ombudsman online if you still wish to look into this further.
  • If you disagree with the Banking Ombudsman’s ruling, you can appeal it by going to the Appellate Authority. The deputy governor of the RBI serves as the appellate authority in this case.

What should one do if their debit card has been used fraudulently?

Immediately report a suspicious transaction or debit. If you think there has been an unlawful debit or charge, call your bank or card company right once. You should deactivate the card and get a new one before additional transactions are made if a thief charges products to your account.

Is the Bank required to reimburse me for any money that was taken from my debit card?

In most cases, if a fraudulent debit card transaction occurs, you are entitled to a reimbursement. The majority of debit cards include a zero liability guarantee that shields users from any fraudulent transactions. But before applying, you should read the terms and conditions as with any financial instrument.

What happens if your debit card is used without your consent?

If someone uses your debit card without your permission, you can report the event to the police in your area, who will conduct an investigation and, if required, file charges. You can report the occurrence to the FTC in addition to informing your Bank about the scam.

How can unauthorized transactions be stopped?

Even though you might be first concerned, there are measures you can do to try to get the fraudulent transaction reversed.

  • Verify that the transaction was unauthorized, in fact.
  • Your credit card might be blocked or canceled.
  • Inform your bank or other financial institution.
  • Check and update the login information for your online banking.

Conclusion

Send the email to reportphishing@icicibank.com if you ever get one asking you to update your PIN, password, or account number under the pretense that it came from ICICI Bank. Never reply to an email with important account information, such as your PIN, password, account number, or personal information. If you entered such information, please let us know right away. Write to reportphishing@icicibank.com if you see any spoofing (duplicate/unofficial) ICICI Bank websites and let us know.

consumer forum complaint

If you are not satisfied with the services or products given by the company or the seller then you can file a consumer forum complaint at Voxya, India’s trusted platform for resolving consumer complaints. It helps consumers to get a replacement, refund, and compensation from the company or the seller.

Trusted by 1 Lac+ consumer.

Landlord and Tenant Laws in India

Landlord and Tenant

Many stories regarding renting that are posted on social media make you rethink renting out your property as an owner or renting a place to live as a tenant. Owners frequently deal with issues like renters who delay paying rent or who make significant alterations to the property without authorization, and tenants occasionally deal with issues like being deprived of basic services and excessively intrusive owners. The fundamental tenants rules and regulations in India are something that most homeowners and renters are unaware of. By contacting the local rent authority, most problems experienced by either party may frequently be handled.

The Center has granted the states the authority to put the legislation into effect or make amendments based on their requirements. The Model Tenancy Act 2020, created by the Union Ministry of Housing and Urban Affairs, is now being implemented in Chandigarh. The government of Maharashtra chose to enact two types of rent control regulations. The Karnataka tenancy act will protect current tenants, and the Model Tenancy Act will be introduced for new developments.

Common laws for both Landlord and Tenants in India

Here is a quick list that helps you to understand about Landlord and Tenants Laws in India:

A rental agreement is a need for both parties.

To be enforceable, the house rental must be set up in a written contract that has been prepared by a notary public and is signed by both the landlord and the renter. The legal rights of tenants without a contract are not legally binding and might result in issues for both the renter and the owner.

The rental agreement must specify the agreed-upon rent, any additional costs, the facilities offered at move-in, the rate and length of any rent increases, the term of the agreement, etc. The renter may potentially avoid paying rent if the owner fails to present an agreement since they legally have not yet rented the property. Still, the owner may also remove the tenant immediately as a result. Due to these problems, oral agreements must be avoided in favour of a documented, official legal agreement.

Maintenance of the property

According to the legislation, the tenant and the renter are jointly responsible for maintaining the rented property. Frequently, the rental agreement specifies this. For instance, the owner manages repairs of the facilities offered, particularly during the transfer.

This rule also ensures that neither the owner nor the renter alters the home significantly without the other party’s knowledge and consent. The owner cannot start painting the property while the renter resides there, nor is the tenant allowed to knock down a wall to create extra room. The security deposit may offset any damage caused by the renter that they refuse to pay for.

Paid-Up Rent

Before moving in, both parties must agree on the rent payment. The leasing agreement must also include this sum. Once this number is established, the landlord is prohibited from adding on additional fees or increasing the amount until the end of the contract’s specified grace period. The tenant is also not permitted to make a smaller payment after moving in. The property size, the facilities offered, and the neighbourhood all determine how much rent is typically set. Depending on the state you are in, this can be different.

Security Deposit

According to the Draft Model Tenancy, requiring a deposit greater than three months’ worth of rent is unlawful. This, however, depends on the state in which you reside. The security deposit must be specified in the rental agreement and agreed to in advance. Following a home vacation, the renter must receive the deposit money back. There may be no deductions other than those that have been agreed upon and specified in the agreement.

Landlord and Tenant

Laws for the owner of the property

Not everyone who purchases a home does so with the intention of living there. In India, many people purchase or build real estate with the intention of making an investment. They risk their whole life’s money on the building of a property, give up months of sweat equity, and endure sleepless nights maintaining the property and generating revenue by renting it out to renters. But despite their best efforts, some landlords still find themselves without money because they were unaware of their legal rights as landlords in India. It is somewhat true that most Indian laws are pro-tenant (and for good reason), but only to a certain extent. Here are some tenants rules and regulations India that are made for the security of the landlord that every tenant must follow:

TheTenant’s eviction
If a tenant doesn’t pay their rent for two months in a row, the landlord has the right to evict them and demand that they vacate right away. Additionally, a notice of eviction may be sent if the tenant vacates the property unannounced for a prolonged time, engages in unlawful activity on the property or creates a nuisance for other residents, breaches the terms of the lease, or sublets their residence. The landlord has the authority to double the rent as compensation if a tenant disobeys the eviction notice. Tenant’s right to be evicted by a landlord

Rent agreements may include guidelines and provisions that shield tenants from forcible eviction. In order to safeguard the landlord and his property from unfavourable circumstances, it may also contain rigorous provisions and guidelines for home eviction. Unexpected house evictions may occur for a variety of reasons, such as failure to pay rent, electricity or utility bills on time, illegally subletting the property, willful damage to the property, the use of the rental property for illegal purposes, antisocial behaviour that is against societal norms, and the expiration of the rental agreement. Therefore, as the property’s owner, the landlord has the authority to evict a bad tenant who disobeys any of the aforementioned restrictions outlined in the rental agreement.

The right to temporary possession recovery
The owner is entitled to retake control of the property, do the necessary maintenance work, and then hand it back to the renter if the residence in issue needs urgent repairs or renovations, needs adjustments, or is unsafe for habitation without repairs. Requests for property vacations must be supported by legal justification.

Unexpected circumstances may need you to make repairs or alterations to your home that can’t be done without the building being evacuated. In certain situations, the landlord has the power to temporarily seize the property and evict the tenant in order to make repairs, upkeep, additions, and structural changes to the structure. Keep in mind that you have the right to provide the renter advance notice in these sorts of circumstances as the landlord. The landlord is allowed to refund the rent or provide the renter with enough compensation for the inconvenience in exceptional cases when repairs must be made right away while the building is vacant.

The right to be informed of changes and repairs
While a tenant may do small repairs and adjustments, by law, tenants must notify the renter and obtain written permission before making any significant alterations. It is your duty as a landlord to make sure that the rental property is “habitable” and trouble-free for the renters. Landlords can avoid legal disputes and other problems brought on by renters if they have a clear rental agreement and a basic understanding of their legal rights in India.

Upkeep and Damage Repairs
Upon leaving, Post Renting Tenants must return the property to the owner in the same condition they found. The furnishings, gadgets, and other amenities must be returned and in good functioning order. The security deposit can be used to cover any property damage.

You are the only owner of your property as a landlord, and you are permitted to make repairs and maintain it with the tenant’s permission. The renter may, however, handle simple repairs to the property. However, in these situations, if the tenant is required to make small repairs and adjustments, the landlord has the right to be informed of the required repairs.

Increasing the rent
There are several laws in India governing rent in an effort to balance the rights and interests of both landlords and renters. The power of the landlord to raise the rent is heavily regulated, even though they are permitted to do so on a periodic basis and charge tenants of residential or commercial properties the going market rate for rent. The model tenancy legislation, 2019, states that a landlord cannot raise the rent during a rental term and must provide the tenant at least three months’ notice before doing so. In India, residential property rent typically rises at a rate of 10% annually, or every two years.

Tenant protection laws

Landlord and Tenant

Not only the landlord but the tenant also has some rights that he can enjoy when he is living in a property:

After renting out a property, a landlord cannot enter it without permission.
The owner does not have the authority to enter a rented-out property unless there is an emergency. For any other reason, the owner must give the renters a warning, and according to the law, “surprise checks” and other actions like these cannot be taken.

Unlivable Situations
We already spoke about how the owner and the renters are responsible for upkeep and repairs, the owner before a tenant comes in, and the tenant after possession. In the latter situation, the home is termed “uninhabitable”, and the tenant has the right to quit in just 15 days by submitting a notice if the cost of repairs exceeds 50% of the agreed-upon rent. To take action, they might also go to their local Rent Authority.

Availability of Basic Resources
Water, power, parking, communication linkages, sanitary services, etc., are fundamental rights of the renter and obligations of the property owner. The landlord cannot withhold these privileges even if the rent is not paid. Suppose a landlord does fail to provide necessary facilities. In that case, the tenant may file a complaint with the Rent Authority, which will conduct an inquiry and, if appropriate, fine the property owner.

Verbal contracts
Is your landlord requiring a verbal contract rather than a written one? Just refuse! Verbal agreements are not enforceable, and there is no proof to review in court if a disagreement arises. Therefore, a tenant must get a formal lease from the landlord that spells out all the terms of the arrangement. The majority of rental agreements are for a length of 11 months, and they must be renewed when that time comes.

Instantaneous eviction
Even if the landlord has legitimate grounds for eviction, they cannot remove you immediately. The rental agreement must specify how much advance notice must be given to the renter. The notice period is typically one month in most contracts.

Family of a dead tenant being evicted
The tenant’s legitimate heirs have the right to carry on the tenancy in the case of his passing. Without a good reason and a notice of eviction, the landlord cannot require the heirs of a dead tenant to leave the property. The immediate legal heirs of a tenant in whose name the lease agreement was established may remain in the property for five years after the tenant’s death, according to experts. However, since tenancy regulations can differ from state to state, it is essential to get legal guidance right once if you find yourself in such a predicament.

Rent from last month
Did your landlord request that you pay the rent for the remaining portion of your lease? Is he refusing to use the security deposit to pay the bills from the previous month? Refuse to accede to his requests. A landlord has no authority to request the previous month’s rent in lieu of deducting it from the security deposit.

Conclusion

In India, a rental agreement that complies with specific tenants rules and regulations India is necessary before renting or letting out a property for residential use. These guidelines are spelt out in a written contract between the landlord and the renter.

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How to file a complaint to the Kerala Women’s Commission?

Kerala Women's Commission

In addition to researching women-related issues from the state, the Kerala State Commission for Women was established to look into particular concerns involving women. The commission has the authority to protect women’s rights, guarantee their equality, and ensure that they are protected from all forms of harassment as well as problems in the home and community.

The commission was established to achieve the following goals:

  • Ensuring the wellbeing and protection of women.
  • Deal with gender-based issues by prompt involvement in the event that any applicable laws are broken, opportunities are denied, or women are denied any rights.
  • recommending women’s concerns to the state government.
  • The commission periodically takes action to raise public knowledge of the state’s laws supporting women.

What is Kerala state commission for women?

The Kerala Women’s Commission Bill, 1990, a bill similar to the National Commission for Women, was written in the State of Kerala and forwarded to the President of India for approval in 1990. Under the direction of the then-Minister for Social Welfare, Smt. K. R. Gouri Amma, the draught Bill was created with the help of women’s organisations and legal counsel from Justices V. R. Krishna Iyer and Subramanian Potti.

Unfortunately, the measure was not passed by the President for five years, from 1990 to 1995. On September 15, 1995, the Kerala Women’s Commission Act was eventually approved with the president’s approval.

Kerala Women's Commission

The first Commission, established when Shri. A. K. Antony served as Chief Minister, went into effect on March 14, 1996. The renowned poetess and social worker Smt. Sugatha Kumari served as the commission’s chair. The Commission additionally included 3 more Members and 2 ex-officio members who are well-known societal figures. The newly formed commission was established in accordance with the laws in 1997, and it began operating after Smt. Suseela Gopalan, the former minister of social welfare, officiated at the ceremony.

The commission operates as a statutory authority and deals with all issues pertaining to women’s issues. The commission investigates accusations of unfair practises and renders judgments. The panel will then suggest to the government what course of action to pursue in that case. The Director of KWC, who is in charge of conducting investigations, looks into matters involving women.

The commission is also in charge of raising women’s social standing. The commission makes ensuring that women are given equal opportunity in matters of promotion and recruitment within the state public sector, and if required, the commission will report on or suggest appropriate government action.

What are the activities performed by the Kerala state commission for Women?

The Kerala State Commission for Women was established to carry out the following tasks:

  • The Commission must make sure that it abides by the provisions and protections for women provided by the Indian Constitution and laws pertaining to women.
  • Get the government’s attention if any state agency fails to put protective measures against women into place.
  • if a legislation does not provide the state’s women with justice, making suggestions for its change.
  • bringing up any problem involving the infringement of women’s rights with the relevant authorities and advising them on further action.
  • Women can immediately contact the Women Commission for redress if they have concerns about the infringement of their rights and the non-implementation of the protective measures that are promised by the Indian Constitution.
  • Counselling and aiding female victims of state-sponsored crimes and prejudice
  • Financing court costs for any disputes involving large groups of women, and sometimes reporting on such matters to the state government.
  • Inspecting any locations, jails, or other remand facilities where women inmates are housed, as well as any other cases, and, if necessary, bringing them to the attention of the appropriate authorities.
  • Look into, research, and analyse any specialised concerns affecting women.
  • Start educational research, engage in any form of promotion, and suggest measures to ensure the representation of women in all fields while identifying the causes of their rights deprivation.
  • To inquire about issues that deprive women of their rights, or to file complaints about how such issues are being handled or about how women’s protection laws are not being followed

What all cases can be filed under the Kerala women’s commission?

You can file complaints regarding infidelity, harassment of women, dowry harassment, divorce by a husband, harassment by a husband, suspicious death, property-related matters, employment-related matters, threats of serious bodily harm, sexual harassment, use of profanity, nuisance of antisocial elements, and against the police. Alcohol-related nuisances, alimony, financial aid, and navigational issues physicians’ negligence, Child Marriage, Rape, Harassment Under the Age of Seventeen, Domestic Violence, Family Issues, Workplace Harassment, DNA Testing, Nun Problems, etc. online with Kerala Women’s Commission via the KCW website.

How to register a complaint with KCW online?

  • Step 1: Click the link to the Kerala Women’s Commission website to access it.
  • Step 2: Press the button for online filing.
  • Step 3: Select Enter your cellphone Number from the menu.
  • Step 4: Press the OTP Send button.
  • Step 5: Enter the obtained OTP on your phone. Enter the required data right now. Type of Case: from the list, select Case type. selected file If you have any supporting documents, submit them. Petitioner Information
  • Name, age, gender, phone number, marital status, name of relative, address, district, mobile number, email address, and relationship should all be included.
  • Respondent Information
  • Details about the Respondent’s Name, Address, Gender, and District should be included.
  • Please explain your situation in no more than 2500 words.
  • Enter the information now as needed.
  • Step 6: Type the captcha code that appears on the screen.
  • 7th Step: Press the submit button

Your complaint has now been filed with the Kerala Women’s Commission. An online acknowledgment will be provided.

Kerala Women's Commission

What is the process for petitioning the Commission?

Written or typed petitions with the complete postal addresses of the petitioner and respondents may be presented to the Commission on white paper.

Does the petition that was submitted need to be stamped with the court fee?

For the purpose of submitting a petition to the Commission, there is no requirement to attach a court fee stamp or send payment.

How many copies of the petition are required to be submitted?

The number of respondents’ addresses will determine how many copies of the petition must be submitted.

Is having a lawyer’s aid required in order to file the petition?

An advocate’s service is not accepted when submitting a petition to the commission.

Can I go to the Commission to resolve a civil dispute?

No, the Commission does not take civil petitions into consideration.

Is the Commission accepting petitions from men?

In extraordinary circumstances, the Commission will consider requests from males seeking to reunite their families.

Does the Commission consider petitions regarding sexual harassment of women or other matters affecting women?

No, the Commission does not consider such generic petitions that do not involve any issues relating to women.

Can I go to the Commission to have my husband divorced?

In light of this, the Kerala Women’s Commission does not accept any divorce petitions. However, in a few uncommon circumstances, it would be essential for the wife to get divorce in order to be free of her husband; in these circumstances, the Commission might advise them to file a divorce case in court.

Does the Commission offer the affected women legal assistance?

Through DLSA in Delhi and KELSA (Kerala State Legal Services Authority) in Kochi, Kerala Women’s Commission offers legal help (District Legal Services Authority)

What procedures must be followed in order to perform DNA testing at the Commission’s expense?

The Commission pays for all DNA tests related to SC & ST petitioners; there are no considerations for cost. The Tahsildar’s Community Certificate will suffice to demonstrate their eligibility. However, petitioners who do not belong to the SC or ST must be Below Poverty Line (BPL) and must provide a certificate from the Tahsildar outlining their financial situation.

Does the Women’s Commission offer counselling services?

At its headquarters and during its petition redressal operations carried out in several areas, the Commission offers the services of counsellors.

Does the Commission offer any financial support to women beginning their own businesses?

No, such services are not offered by the Commission. These services are anticipated to be provided to poor women by the Kerala State Women’s Development Corporation.

How to check Kerala Women’s Commission (KWC) Case Status?

You can visit KWS’s official website and click on the Case Status button.

Enter your Case Number, Year, and Acknowledgement Number to check the status of your complaint in the Kerala Women’s Commission.

Kerala Women's Commission

Conclusion

These are some of the most important things that you need to keep in mind when going to file a complaint against any crime that has occurred to you. No matter whether you are facing abuse related to physical violence or mental harassment the Kerala women’s commission is going to help you out with the quick results and instant punishments for the culprits.

Hope this article will help you to get information about Kerala women’s commission.

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