DCB Fair Practice Code - Assets
On the basis of recommendations of the working
group on Lenders Liability laws constituted by
the Government of India, RBI has issued guidelines
for introducing Fair Practices Code for lenders
and advised to adopt broad guidelines and frame
the fair practices code for individual banks duly
approved by their respective Board of Directors.
Based on these guidelines, the following will
be the fair practices code for the Bank :
1. Applications for loans and their processing
- Loan application forms shall have
information about the fees/charges, if any,
payable for processing, the amount of such fees
refundable in the case of non acceptance of
application, pre-payment options and any other
matter which affects the interest of the borrower,
so that a meaningful comparison with that of
other banks can be made and informed decision
can be taken by the borrower.
- Loan applications shall be properly
acknowledged. If all the required information
and documents are made available, the proposal
for facilities upto Rs. 5.00 lacs shall be disposed
off in 2 weeks time and others not exceeding
4 weeks.
- The bank should convey in writing
the main reason/reasons which, in the opinion
of the bank after due consideration, have led
to rejection of the loan applications within
he above stipulated time.
2. Loan appraisal and terms/conditions
- Margin and availability of security
shall not be substitute for due diligence on
credit worthiness of the borrower.
- All terms and conditions shall be
transparent in the sanction communication and
acceptance thereof by the borrower shall be
kept on record, along with loan/security documents.
- A copy of the loan agreement along
with a copy each of all enclosures quoted in
the loan agreement should be furnished to the
borrower.
- The borrower shall be communicated
of credit facilities that are solely at the
discretion of lenders. These may include approval
or disallowance of facilities, such as, drawings
beyond the sanctioned limits, honouring cheques,
issued for the purpose other than specifically
agreed to in the credit sanction, and disallowing
drawing on a borrowal account on its classification
as a non-performing asset or on account of non-compliance
with the terms of sanction. It may also be specifically
stated the bank does not have an obligation
to meet further requirements of the borrowers
on account of growth in business etc. without
proper review of credit limits or where the
bank has reached the peak of exposure on the
client.
3. Disbursement of loans including changes in
terms and conditions
The sanctioned limits shall be disbursed without
any delay after documentation formalities are
completed and all the terms and conditions of
sanction are complied with. Any changes in terms
and conditions, including interest rates, service
charges etc. shall be notified to the borrowers/guarantors
immediately. Such changes shall only have a prospective
effect.
4. Post disbursement supervision
Adequate notice to be given to borrowers before
taking decisions to recall/accelerate payments
or performance under the agreement or seeking
additional securities.
All the securities shall be released on receiving
payment of loan or realization of loan subject
to any legitimate right or lien for any other
claim the bank may have against the borrower.
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 documents under which the bank is entitled
to retain the securities till the relevant claim
is settled/paid.
5. General
Interference into the affairs of the borrower
shall be restricted only to the extent provided
in the terms and conditions of the sanction, unless
new information, not earlier disclosed by the
borrower, has come to the notice of the Bank,
which warrants further interference.
There shall not be any discrimination on the
grounds of sex, caste and religion in lending.
Borrowers shall not be unduly harassed in the
recovery process.
The consent or otherwise [NOC] for transfer of
account at the request of borrower or of a bank/financial
institution shall be conveyed within 21 days from
the date of receipt of such request.
Borrowers complaints shall be examined
by the Head-Corporate Banking and escalate them
to MD, in case of need. Disposal of any serious
complaints which has been escalated to MD shall
be informed to the Board as a consolidated report
once in a quarter.
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