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What are the rights of a borrower in India during recovery proceedings?

10-Mar-2023
Recovery

Answer By law4u team

In India, borrowers have certain rights during recovery proceedings. These include: Right to be treated with dignity and respect: The recovery agents and creditors must not use abusive language or physical force while recovering the debt. The borrower has the right to be treated with dignity and respect. Right to receive written communication: The borrower has the right to receive written communication from the creditor regarding the amount of debt outstanding, the interest rate, the mode of payment, and the consequences of default. Right to negotiate a repayment plan: The borrower has the right to negotiate a repayment plan with the creditor if they are unable to pay the entire outstanding amount at once. This can include rescheduling the payment, reducing the interest rate, or waiving off the penalties. Right to dispute the debt: If the borrower disputes the debt, they have the right to request the creditor to provide proof of the debt, such as an invoice, contract, or delivery note. Right to legal representation: The borrower has the right to be represented by a lawyer during recovery proceedings. Right to complain: If the borrower feels that they have been treated unfairly, they have the right to complain to the appropriate authorities, such as the Reserve Bank of India or the consumer court. It is important to note that while borrowers have certain rights, they also have an obligation to repay the debt as per the terms agreed upon with the creditor. If they default on the payment, the creditor has the right to take legal action to recover the debt.

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