File a Complaint against Harassing Phone Calls

Getting constant unwanted or harassing phone calls is not just annoying, it is an offence. Whether it is spam, threats, or repeated unknown numbers, you don’t have to stay silent. Indian citizens can now file complaints easily through the TRAI DND portal, or their mobile operator or through ODR.  This blog will provide you with a complete guide on how to file a complaint against harassing phone calls. Read to know more.

What Qualifies as a Harassing Phone Call?

A harassing phone call is any repeated, unwanted, or disturbing call that causes fear, stress, or mental discomfort to the receiver. This includes calls that are threatening, obscene, abusive, anonymous, or persistently unwanted, even after you have asked the caller to stop.

Examples of harassing calls include:

• Repeated missed calls or blank calls
• Threats, blackmail, or verbal abuse over the phone
• Sexual or obscene language
• Fraudulent calls pretending to be from a bank or authority
• Persistent marketing or loan calls after activating DND
• Calls made late at night or at inappropriate hours
• Legal Provisions Against Harassing Calls in India

Below are the key legal provisions you can rely on when filing a complaint against harassing calls:

1. Indian Penal Code (IPC), 1860

Several sections of the IPC deal specifically with phone harassment:

Section 354D (Stalking): If someone repeatedly contacts or monitors you through calls, it is considered stalking. Punishable with imprisonment up to 3 years for the first offence.

Section 509 (Word, gesture, or act intended to insult the modesty of a woman): Covers obscene or sexually explicit calls or messages.

Section 503 (Criminal intimidation): If the caller threatens harm or creates fear.

Section 507 (Criminal intimidation by anonymous communication): If threats are made through anonymous calls or blocked numbers.

Section 294 – IPC

Offence: Obscene acts or words in public—including abusive or filthy language on phone

2. Information Technology Act, 2000 (Amended)

Under the IT Act:

Section 66A (Struck down): Previously used for offensive messages. Although no longer active, abusive online communication may still be prosecuted under other sections.

Section 66E (Violation of privacy): If someone uses calls or recordings to violate your privacy without consent.

3. TRAI – DND & Telecom Guidelines

The Telecom Regulatory Authority of India (TRAI) protects consumers from spam and telemarketing harassment:

Register your number on DND (Do Not Disturb) by sending START 0 to 1909.

If spam continues, report it at the TRAI portal.

Your telecom provider must take action, or you can escalate the matter to the Appellate Authority.

Eligibility Criteria to File a Complaint Against Harassing Phone Calls

Anyone who receives unwanted, threatening, or repeated disturbing phone calls has the right to report them. Whether it is a student, working professional, homemaker, senior citizen, or business owner, if you feel unsafe, disturbed, or harassed, you are legally empowered to take action.

You should file a complaint if:

• You receive threatening, obscene, or abusive calls
• You get repeated missed calls, blank calls, or fake calls
• You are being stalked or intimidated by someone calling you often
• You are being targeted through calls related to scams, fraud, or fake job offers
• You are getting spam or telemarketing calls, even after activating Do Not Disturb (DND)

Both men and women, regardless of age or background, are protected under Indian cyber and criminal laws. If the victim is a minor or elderly person, their guardian or family member can file the complaint on their behalf.

File a Complaint Against Harassing Phone Calls

If you are constantly receiving threatening, spammy, or abusive calls, you don't have to tolerate the harassment. Follow this simple, step-by-step process to file your complaint and protect your peace of mind:

Step 1: Collect All Proof and Call Details

Before filing a complaint, collect the necessary evidence. This may include:

Screenshots or call logs of repeated or late-night calls

Voice recordings (if available and lawful)

Details such as the phone number, date, and time of the call

Screenshots of messages or call-related harassment

Prior complaint references, if already reported to the service provider

These details will support your case during official reporting or police follow-up.

Step 2: Try the DND and Telecom Provider Route (for Marketing Calls)

If you are receiving telemarketing or spam calls despite activating Do Not Disturb (DND):

Open your SMS app

Type: START 0

Send it to 1909 to activate full DN

If calls continue, file a complaint through your telecom provider’s app or website

Alternately, call your provider’s customer care and provide the harasser’s number, time of call, and complaint details.

How to File a Complaint Against Harassing Phone Calls through Consumer Forum?

Receiving constant unwanted or harassing phone calls can disturb your peace, cause mental stress, and invade your privacy. Whether it’s spam calls, fake loan offers, or repeated unwanted telemarketing calls, you have the right to raise your voice and take legal action. The following details include how to file a consumer complaint against harassing phone calls in India.

Step 1: Gather and Organise All Supporting Documents

Before filing a complaint, it’s essential to collect and organise evidence to support your case. This helps ensure that your complaint is taken seriously. You should gather:

Call records showing the date, time, and frequency of the harassing calls

Screenshots of call logs or messages from the harassing number

Audio recordings (if available) or notes of abusive or threatening language

Screenshots of any WhatsApp messages, spam texts, or unsolicited offers

Previous complaint numbers or emails, if you’ve already reported the issue to your telecom provider or the police

Keep both digital and printed copies of this evidence. Good documentation strengthens your complaint and helps in case of escalation.

Step 2: Draft a Clear and Detailed Complaint Letter

Next, write a polite yet firm complaint letter addressed to the Consumer Commission or the telecom operator's grievance officer. Your letter should include:

Your full name, contact number, email address, and postal address

The phone number from which the harassment is coming

A clear description of the issue—how often you receive calls, the nature of the harassment, and how it has affected you

Steps you have already taken, such as blocking the number, filing Do Not Disturb (DND) requests, or complaining to the service provider

The solution you expect, such as permanent blocking, strict action, or compensation for mental harassment

A well-written complaint shows that you are serious and helps the authorities act swiftly.

Step 3: Send a Notice to the Caller or Telecom Company

If the harassment continues despite raising a complaint with your service provider, you can serve a legal notice. This is a formal step that shows you’re prepared to escalate the matter legally.

Draft the legal notice through a lawyer or with help from platforms like Online Legal India

Clearly explain your issue, list the offending number, and state the relief you are seeking

Send the notice via email and registered post to the telecom operator and, if known, to the caller’s registered address

Keep a copy and proof of dispatch

Many cases get resolved at this stage, as legal notices often prompt quick action.

Step 4: Approach the Appropriate Consumer Forum

If the matter remains unresolved, you have the right to escalate the issue by filing a formal complaint under the Consumer Protection Act, 2019. Select the forum based on the claim value or impact:

District Consumer Dispute Redressal Commission (DCDRC): This forum handles consumer complaints where the total claim, including compensation, is up to 1 crore, offering quick and accessible justice at the district level.

State Consumer Dispute Redressal Commission (SCDRC): This commission hears cases where the claim value ranges from 1 crore to 10 crore and provides justice at the state level for more significant grievances.

National Consumer Dispute Redressal Commission (NCDRC): This is the highest forum for consumer complaints involving claims above 10 crore, dealing with complex or high-value disputes at the national level. You can file your complaint online through the E-Jagriti Portal, attach your documents, and pay the nominal court fee online.

Step 5: Attend the Hearing

Once the case is accepted:

Attend the hearing (online or in person)

Bring your documents, including call logs, complaint letters, and the legal notice

Explain the issue calmly and clearly

The forum will review the evidence, hear both sides, and issue a legally binding decision. If the other party doesn’t comply, you can request enforcement of the decision.

What is Online Dispute Resolution?

Online Dispute Resolution is an entirely digital system for resolving disputes, utilising technology-driven platforms to facilitate every stage from the initial filing and evidence submission to virtual hearings, negotiations, and final decisions. It incorporates traditional dispute resolution methods such as negotiation, mediation, and arbitration, all conducted online via tools like video conferencing, chat, and secure document sharing. This comprehensive online workflow enables parties to engage in dispute resolution without needing to meet in person, making the process more convenient and accessible while maintaining the structured framework of Alternative Dispute Resolution methods.

Why Choose Online Dispute Resolution?

Consumers prefer ODR for several reasons:

Cost-effective & Time-efficient

Online Dispute Resolution (ODR) significantly cuts down on expenses related to travel, legal representation, and court fees. Since the entire process takes place digitally, parties can save both time and money that would otherwise be spent attending physical hearings or waiting through lengthy legal procedures. Most disputes are resolved in a matter of days or weeks instead of the months—or even years—it often takes in traditional courts.

Accessible & Convenient

ODR platforms are designed to be user-friendly and available around the clock, allowing participants to engage in the process from anywhere in the world. This makes it especially beneficial for cross-border or interstate disputes where physical presence can be challenging. Whether you’re a consumer or a business, you can submit evidence, communicate with the other party, and attend virtual hearings—all from the comfort of your home or office.

Privacy & Security

Unlike traditional court proceedings that are often public, ODR ensures a higher degree of confidentiality. Sensitive documents, communications, and decisions are securely handled through encrypted digital platforms. This protects the privacy of both parties and provides a safe, confidential environment for resolving disputes without public exposure.

How to File a Complaint through ODR?

Filing a complaint through Online Dispute Resolution (ODR) is simple and follows a structured process. Here’s a step-by-step guide:

Step 1: Collect All Relevant Evidence

Before initiating your complaint, gather all documents and proofs that support your claim. These may include:

• Receipts or invoices
• Emails, chat transcripts, or messages with the company
• Photographs of defective products or damages
• Payment proofs or bank statements

Having organized and clear evidence strengthens your case and speeds up the resolution process.

Step 2: Submit Your Dispute Through an ODR Platform

You can file your complaint either through an official Government ODR Portal or a private ODR platform, such as Online Legal India. Provide all necessary details, attach supporting documents, and describe your issue clearly. The platform will appoint a neutral mediator. The mediator will send the mediation notice to the other party.

Step 3: Participate in Mediation Proceedings

During the mediation, the mediator facilitates discussions between you and the other party via email, chat, or video call. Both parties present their viewpoints and approach for a resolution.

After the mediation process, the mediator will provide a mediation report summarizing the discussions and recommendations. Based on this report, a settlement is determined. Possible outcomes may include:

• Refund of charges
• Compensation for damages
• Official apologies or service corrections
• Settlement of Disputes

Step 4: Settlement

If mediation is successful, the agreement is documented, and both parties are expected to comply with the terms. If you need assistance in filling your dispute, get in touch with Online Legal India.  

 Conclusion

Dealing with harassing phone calls can be stressful, but you don’t have to face it alone. By documenting every incident, understanding your rights, and filing a formal complaint through the telecom service providers or consumer forum or ODR, you can take effective action to stop the harassment. Remember, timely reporting not only protects you but also helps prevent such incidents for others. If you need any assistance for filling your complaint, get in touch with Online Legal India.