Fair Practices Code
Fair Practices Code
(“the Company”) hereby furnishes the Fair Practices Code (“the FPC”) based on the guidelines issued by RBI on Fair Practices Code for Non- Banking Financial Companies. The Company shall also make required modifications in the FPC from time to time to confirm the standards that may be prescribed by RBI. Considering the nature of the business it is proposed to set up the following as the Fair Practices Code for the Company’s lending activities.
The key aspects of declaring the FPC are as follows:
To act fairly and reasonably in all the dealings with borrowers by ensuring that:
- The Company’s products, services, procedures and practices will meet the broad requirements and standards in the FPC;
- The Company’s products and services will be in accordance with relevant laws and regulations as applicable for the time being in force;
- The Company’s dealings with its borrowers will rest on ethical principles of honesty, integrity and transparency.
The Company will assist its customers in understanding as to what the broad features of its financial products and services are and what are the benefits and risks involved in availing the same by:
- Providing information about the products and services in simple manner;
- Explaining the financial implications of using the products and services.
The Company will make every attempt to ensure that its customers would have trouble-free experience in dealing with it. However, in case of error of commission and/or omissions, it shall:
- Deal with the errors promptly and effectively;
- Deal with the Grievances redressal in a quick and efficient manner and to the satisfaction of the customers;
- Promptly handle Complaints;
- Have Escalation process, in the event of dissatisfaction of the borrower in handling his complaint(s);
APPLICATION OF FAIR PRACTICE CODE
The FPC will be applicable to the following broad areas:
- Loan applications and processing thereof
- Loan appraisal and terms/conditions
- Disbursement of loans including changes, if any, in terms and conditions
- Post disbursement supervision/monitoring
- Other general provisions
Loan applications and processing thereof:
- Loan Application Forms will be made available to the prospective borrowers.
- Loan documentation set will, inter alia, include the broad features and the terms and conditions governing the loan which would include necessary information, which affects the interest of the borrower, so that a meaningful comparison with the terms and conditions offered by other NBFCs can be made thereby helping the borrower in making an informed decision. The said Form shall also specify the documents required to be submitted by the borrowers
- The Company has system of giving acknowledgement for receipt of all loan applications.
- All the loan applications shall be disposed of within a period of 90 days from the date of receipt of duly completed Loan Application Forms together with the requisite documents and subject to receipt of all documents complying with prevailing rules and regulations by the borrower.
- All communications to the borrower shall be in vernacular language or a language as understood by the Borrower.
Loan appraisal and terms/conditions:
- The Company shall consider all the loan applications keeping in mind the risk-based assessment procedures adopted by it and
- The Company, before sanctioning the loan, would assess the ability of the borrowers to repay the loan and thereby approving the same on merit basis.
- The grant of the loan shall be communicated to the borrowers in writing in a vernacular language or a language as understood by borrower by means of a Sanction Letter or otherwise, the amount of loan approved along with the terms and conditions, including the annualized rate of interest and method of application thereof.
- The penal interest charged for late repayment will be mentioned in bold in the loan agreement.
- The borrowers shall give their acknowledgement in writing in token of their acceptance of terms and conditions governing the loan.
- A copy of the loan documents including loan agreement and annexure thereof shall be made available to the borrower.
- If the Company cannot provide the loan to the customer, it shall communicate in writing the reason (s) for rejection thereof.
Disbursement of Loan and Change in Terms & Conditions:
- Disbursement of amount of loans sanctioned may be made available to the borrowers on demand subject to completion of all formalities including execution of loan documents.
- The Company shall give notice to all its borrowers in vernacular language or a language understood by the Borrower of any change in the terms and conditions – including disbursement schedule, interest rates, service charges, prepayment charges etc.
- The Company shall also ensure that changes in interest rates and charges are affected only prospectively. A suitable provision in this regard is incorporated in the loan agreement.
Post Disbursement Supervision:
- The decision, if any, of the Company to recall/accelerate payment or performance of loan shall be in accordance with the terms and conditions of the Loan Agreement.
- The Company shall give reasonable time to the borrowers before recall the loan or asking for accelerating the payment or performance subject to the terms and conditions contained in the Loan Agreement and other related documents.
- The Company shall release all securities on repayment of its full dues or on realization of the outstanding amount of loan subject to any legitimate right or lien for any other claim the Company may have against its borrowers. If such right of set off is to be exercised, the borrower shall be given notice about the same with full particulars about the remaining claims and the conditions under which the Company is entitled to retain the securities till the relevant claim is settled/ paid.
Other General Provisions:
- The Company will refrain from interference in the affairs of the borrower except for the purposes provided for in the terms and conditions of the loan agreement (unless new information, not earlier disclosed by the customer, has come to the notice of the Company).
- The Company will not discriminate loan applications based on grounds of gender, caste and religion.
- In case of receipt of request from the borrower for transfer of borrower account, the consent or otherwise – i.e., objection of the Company, if any – shall be conveyed to the borrower within 21 days from the date of receipt of any request. Such transfer shall be as per transparent contractual terms in consonance with law.
- In the matter of recovery of loans, our Company staff is adequately trained to deal with customers and shall not resort to any harassment – such as persistently bothering the borrowers at odd hours, use of muscle power for recovery of loans, etc.
- The Company has laid down appropriate internal principles and procedure in determining interest rates, processing fees and other charges. The Company has adopted an Interest rate policy taking into account relevant factors such as cost of funds, margin, risk premium etc. to determine the rate of interest to be charged on annualized basis for loans and advances and same is disclosed to the borrower in the loan application form and the sanction letter and also provided on the website of the Company
- The rate of interest and the approach for gradations of risk and rationale for charging different rate of interest to different categories of customers shall be disclosed in the loan application form and communicated explicitly in the sanction letter.
PROCESSING / DOCUMENTATION AND OTHER CHARGES
All processing / documentation and other charges recovered are expressly stated in the Loan documents. They vary based on the loan product, geographical location, customer segment and generally represent the cost incurred in rendering the services to the customers.
The practices followed by other competitors in the market would also be taken into consideration while deciding the charges.
Processing charges will be charged on case to case basis.
Service Tax and other applicable taxes shall be charged as per the guidelines issued by the Government from time to time.
PENAL INTEREST / LATE PAYMENT CHARGES
Besides normal interest, the Company may collect penal interest / late payment charges for any delay or default in making payments of any dues. These penal interest / late payment charges for different products or facilities would be decided by the Company from time to time.
In case of any complaint/grievances of the borrowers, the same shall be intimated by them in writing to the Grievance Redressal Officer. The Grievance Redressal Officer shall immediately make all efforts to redress the grievances within the time frame mentioned in the Grievance Redressal Mechanism.
The various commitments outlined and made by the Company shall be applicable under the normal operating environment. In the event of any Force Majeure circumstances, the Company may not be able to fulfill the objectives under the FPC to the entire satisfaction of the borrowers, the stakeholders and the public in general.
In order to enhance the value and relevance to the borrowers, the Board of Director of the Company shall annually review the compliance with this Fair Practice Code, adopted by the Board.