
My wife fell victim to a Telegram scam in early May (1st–3rd). She found a “work from home” gig on Facebook. At first, she was paid small amounts for rating/review tasks, then pressured to “invest” in their trading app. She lost her savings (~₹50k), borrowed from friends, and eventually started applying for loans.
On May 3, most banks rejected her, but a reputed bank’s app-based instant loan approved ₹3 lakh solely on her CIBIL score. She is only a co-applicant on my home loan, has no independent income or property, and the bank never verified her income proof or bank statements. She lost the entire ₹3 lakh to the scammers.
When scammers demanded another ₹2.5 lakh, she finally told me. We lodged a cybercrime complaint and blocked her account. I then took this up with the bank. After repeated emails/calls, their nodal team replied on June 19, 2025:
Email from the Bank (19 June 2025):
Dear Ma'am,
This email is in response to your request regarding concerns raised about the due diligence followed during the sanctioning and disbursement of your loan accounts XXXXXX7272, XXXXXX7387, and XXXXXX7388.
We sincerely apologize for any inconvenience this may have caused.
Please be informed that, upon reinvestigation, our team has confirmed that all necessary checks and validations—aligned with standard banking practices—were duly conducted prior to loan sanction and disbursement. While bureau scores and repayment history are key factors, the bank also considers multiple internal parameters before generating loan offers.
The mentioned loan accounts were processed through OTP-based consent, completing the KYC journey digitally. Additionally, as per our policy, a cooling-off period of 3 days from the date of disbursement is provided. During this period, customers may cancel the loan by repaying the full disbursed amount if any discrepancies are observed between the sanctioned and actual terms.
We would also like to highlight that the product offers flexible foreclosure options. There is no lock-in period, and customers may foreclose the loan at any time without incurring additional charges. The foreclosure process can be conveniently completed via the bank’s mobile application.
Should you require any further assistance or clarification, please feel free to reach out.
I escalated to the RBI Ombudsman, but after 2 months, they closed my complaint with this email:
Email from RBI Ombudsman:
"The grievance raised by you in the complaint is within the commercial judgment/ decision of the regulated entity. The complaint is therefore treated as dealt with and closed. Please note, as per para 14 of RBIOS 2021, the proceedings before ORBIO are summary in nature.
In view of the above, we are constrained to classify your complaint as non-maintainable and close it under Clause 16(1)(a)10(1)(a) of the Reserve Bank - Integrated Ombudsman Scheme, 2021 (RB-IOS), which stipulates the following:
“No complaint for deficiency in service shall lie under the Scheme in matters involving commercial judgment/decision of a Regulated Entity”
Now I’m stuck with this ₹3 lakh app-based instant loan. I already have a home loan and other commitments, and due to health issues I’ve had to reduce freelance work. Repayment looks impossible.
My questions:
How could a reputed bank approve such an instant loan to a non-earning housewife without verifying income?
Who is legally responsible for the loan?
What real options do I have now that both the bank and RBI Ombudsman have closed the matter?
Ans: I hear the stress in your situation. You have done the right steps so far (cybercrime complaint, escalation with the bank, RBI Ombudsman). Let me address your questions one by one with practical clarity.
» How could the bank approve such a loan?
Many reputed banks run pre-approved “instant loan” offers on mobile apps.
These are algorithm-based approvals that rely only on CIBIL score, bureau history, and sometimes PAN/Aadhaar-linked digital KYC.
In your wife’s case, she was a co-applicant on your home loan, so her CIBIL existed, with a repayment track linked to your joint loan.
The bank’s system wrongly assumed she was “creditworthy” and extended a loan, without verifying her actual income.
This is legally permissible under current digital lending norms, though ethically questionable, because banks argue that “commercial judgment” allows them to rely on internal algorithms instead of physical income checks.
» Who is legally responsible for the loan?
The bank considers your wife as the primary borrower because the loan was disbursed under her PAN/KYC/OTP.
The legal liability rests with your wife. Even if she has no income, the bank will demand repayment.
Since RBI Ombudsman has already closed the matter citing “commercial judgment,” the regulatory route for relief is exhausted.
Unless proven that fraud occurred within the bank’s own system, the liability will not shift to the bank.
» What real options do you have now?
Here are the practical paths:
1. Negotiate with the bank
Approach the bank’s branch manager or collections department formally.
Explain the cyber scam, provide FIR/cybercrime acknowledgement, and request:
Restructuring (smaller EMIs over a longer period).
Settlement (one-time partial repayment).
Temporary moratorium (pause for a few months).
Banks sometimes agree if they see genuine hardship and documented fraud.
2. Legal options
You can still approach a Consumer Court (District Consumer Disputes Redressal Commission).
Ground: Deficiency in service / unfair practice – that bank extended credit without proper income verification.
Relief sought: declare the loan as unauthorised / irresponsible lending OR at least ask for restructuring.
Consumer Court takes longer but has more flexibility than RBI Ombudsman.
3. Debt Management
If repayment is impossible, consider these:
Stop paying credit card / high-interest loans first; prioritise home loan (since it is secured).
For this Rs 3 lakh loan, you may face CIBIL impact if unpaid.
Sometimes, after 6–12 months of non-payment, banks agree to a settlement at 40–60%. This damages CIBIL, but relieves liability.
Weigh the trade-off: CIBIL drop vs. debt relief.
4. Credit Counsellor route
RBI has authorised Debt Counselling Centres (DCCs / DRCCs) in many cities.
These can mediate between you and the bank for restructuring.
Visit your district lead bank branch to know the local DRCC.
5. Family budgeting adjustment
Since your income is already reduced due to health issues, review all non-essential expenses.
Prioritise:
Home loan → must pay, else risk property.
Car loan → secured; bank can repossess if unpaid.
This Rs 3 lakh instant loan → unsecured; lowest repayment priority if money is tight.
» Final Insights
The bank’s approval was technically within policy but financially reckless. Unfortunately, legally your wife remains liable.
The Ombudsman closure means regulatory relief is closed, but Consumer Court remains open.
If repayment is not possible, prepare for CIBIL damage, but protect secured loans first.
Over time, even settled loans allow CIBIL to recover, though it may take 4–6 years.
For now, your best practical approach is:
Document everything (FIR, bank replies).
Write to the bank requesting restructuring/settlement.
If they refuse, either file in Consumer Court or let it run into collections and negotiate later.
Best Regards,
K. Ramalingam, MBA, CFP
Chief Financial Planner
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment
Asked on - Sep 20, 2025 | Answered on Sep 20, 2025
This is from the loan's T&C
(iii) The Bank may not disburse at any time, any amount under the Loan unless the following conditions are complied with in the sole
discretion of the Bank:
a) This Agreement is duly executed and delivered to the Bank by the Borrower;
b) The Borrower’s submission to the satisfaction of the Bank of a certificate of employment from his employer and his financial statements;
Ans: That clause is important. It says the bank may not disburse unless income proof and employment certificate are submitted. In your wife’s case, the bank skipped this condition and relied only on CIBIL and OTP.
This shows two things:
The bank’s own terms required income proof.
By disbursing without that, the bank waived its own condition.
Legally, this strengthens your case in Consumer Court. You can argue “irresponsible lending” and “breach of contract,” since the bank did not follow its own loan agreement terms.
Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment
Asked on - Oct 08, 2025 | Answered on Oct 08, 2025
Sir, I received a message regarding a waiver and settlement. I am not sure whether it is from the bank or from recovery agents. They are offering a 60% waiver, but I am unsure if the payment would go to the bank or to a third party. Does this mean the bank acknowledges any fault? Can I negotiate for a higher waiver, or should I approach the consumer court?
Ans: You are right to be cautious. Such settlement offers often come from agents, not the bank. Never pay without written confirmation on the bank’s letterhead or official email. It doesn’t mean the bank admits fault—it’s just recovery negotiation. Verify authenticity, pay only to the bank’s account, and try for a higher waiver. If unclear, move to Consumer Court with documents.
Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment