AGFCPL is a non banking finance company registered with RBI and is In the business of financing to schools and SME sector, Company is following "FAIR PRACTICE CODE" as prescribed by RBI. Board of Directors has confirmed to RBI that company is adhering to guidelines set by RBI in this regard.
Ensuring that the company is following fair practices as prescribed by RBI.
Ensuring that company's product's are well compliant with regulatory norms.
To strengthen the grievance redressal system of the company.
Loans and Advances
Before offering any kind of fund based or non fund based non-banking facility the Company will assess the ability of the customer (prospective borrower) to repay.
Application for loans and their processing
1. Loan application forms of the Company will include necessary information which are likely to affect the interests of the prospective borrower, so that a meaningful comparison with the terms and conditions offered by other Non Banking Finance Companies can be made and an informed decision taken by the prospective borrower.
2. The loan application form shall indicate the documents required to be submitted along with the application form.
3. The Company shall provide to the prospective borrower an acknowledgement for receipt of all loan applications. An indicative time frame within which loan applications will be disposed of will be mentioned in such acknowledgement.
4. All communications to the borrower shall be in the vernacular language or a language as understood by the borrower.
Loan Appraisal & terms/ conditions
1. AGFC shall convey in writing to the borrower in the vernacular language as understood by the borrower by means of sanction letter or otherwise, the amount of loan sanctioned along with the terms and conditions including annualised rate of interest and method of application thereof and keep the acceptance of these terms and conditions by the borrower on its record.
2. As complaints received against NBFCs generally pertain to charging of high interest / penal interest, AGFC shall mention the penal interest charged for late repayment in bold in the loan agreement.
3. Appropriate internal principles and procedures for determining interest and other charges shall be laid down and be subjected to review keeping in view the business exigencies, regulatory and customer sentiments, market practices etc. As part of record keeping, the Company shall preserve the acceptance of the terms and conditions communicated by the borrower.
4. AGFC shall furnish a copy of the loan agreement preferably in the vernacular language as understood by the borrower along with a copy each of all enclosures quoted in the loan agreement to all the borrowers at the time of sanction / disbursement of loans.
Disbursement of loans including changes in terms & conditions
1. The Company shall give notice to the borrower in the vernacular language as understood by the borrower of any change in the terms and conditions including disbursement schedule, interest rates, service charges, prepayment charges etc.
2. The Company shall ensure that changes in interest rates and other charges are effected only prospectively. The loan agreement shall contain a specific clause to this effect.
3. The decision of the Company to recall / accelerate payment or performance shall be in consonance with the terms of the loan agreement.
4. The Company shall release all securities upon repayment of all dues or on realisation of the outstanding amount of loan subject to any legitimate right or lien for any other claim it will have against borrower. In case such right of set off is to be exercised, the borrower shall be given due notice with full particulars about the outstanding claims and the conditions under which the Company is entitled to retain the securities till the relevant claim is settled/paid.General
1. AGFC shall refrain from interfering in the affairs of the borrower except for the purposes provided in the terms and conditions of the loan agreement, unless new information, not earlier disclosed deliberately or otherwise by the borrower, has come to its notice.
2. In case of receipt of request from the borrower for transfer of a borrower account to other NBFC, Bank or Financial institution, the consent or otherwise shall be conveyed within 21 days from the date of receipt of such request. Such transfer shall be in accordance with the contractual terms entered into with the borrower and in consonance with the statutes, rules, regulations and guidelines as will be applicable from time to time.
3. In the matter of recovery of loans, the Company shall resort only to remedies which are legally and legitimately available to it and will avoid using recovery measures during odd hours of the day, undue harassment, use of muscle power for recovery of loans. As complaints from customers also include rude behavior from the staff of the companies, AGFC shall ensure that the staff are adequately trained to deal with the customers in an appropriate manner.
4. There shall be no discrimination in extending products and facilities including loan facilities to the physically / visually challenged applicants on grounds of disability (Ref: RBI Circular No. DNBS.CC.PD.No. 191/03.10.01/2010-11 dated July 27, 2010).
Terms and Conditions
a. When a customer accepts a product or service for the first time, the Company will provide the customer with the Rules and Regulations that are relevant to the product / service.
b. All Terms and Conditions will be fair and will set the customers rights and responsibilities clearly and in plain language, the Company will use legal or technical language only where necessary.
c. The Company will make available any charges applicable to products and services applicable.
d. If the Company increases any charges or introduces a new charge, the Company will notify the same to the customers.
e. The Company will provide the terms and conditions in respect of any product or service whenever a customer requests for the same.
Marketing and Product Synergy
a. The Company will ensure that all advertising and promotional material is clear, fair reasonable and not misleading.
b. The Company will provide the customers with a full range of financial products the customer is eligible for. Some of these products / services will be its own; some others will be the products of the companies with which the Company will have arrangements with.
c. It will be the endeavor of the Company to bring synergy between the various financial services, financial products, by cross selling these products to its clientele.
a. Unless authorized by the customer the Company will treat all personal information as private and confidential.
b. The Company will not reveal transaction details to any other entity other than the following exceptional cases: -
a. f the Company have to provide the information by statutory or regulatory laws,
b. If there is a duty to the public to reveal this information.
c. If its interest requires us to provide this information (e.g. fraud prevention). The Company will not use this reason for giving information about customers to anyone else (including companies where it has arrangements for various products and services) for marketing purposes.
d. If customer has given consent / concurrence to provide/share such information to its group / associate / entities or companies for providing other products or services.
e. Where the customer asks us to reveal such information to its group / associate / entities or companies for providing other services or products.
Grievance Redressal Mechanism
The Company shall also lay down the appropriate grievance redressal mechanism within the organization to resolve disputes arising in this regard. Such a mechanism shall ensure that all disputes arising out of the decisions of the Company's functionaries are heard and disposed of at least at the next higher level. The Board of Directors shall also provide for periodical review of the compliance of the Fair Practices Code and the functioning of the grievances redressal mechanism at various levels of management. A consolidated report of such reviews shall be submitted to the Board at regular intervals, as may be prescribed by it. To start with Company may provide the same on quarterly basis.a. The Company will guide customers who wish to lodge a complaint and also provide guidance on what to do in case the customer is unhappy with the outcome.
b. After examining the matter, the Company will send a response as soon as possible; the Company will also guide a customer on how to take the complaint further if the customer is not satisfied.
c. A nodal officer shall be appointed for the redressal of grievances of the customers including the borrowers, in connection with any matter pertaining to business practices, lending decisions, credit management and recovery. The name and contact details of the nodal officer shall be displayed in the website of the Company.
d. Internally constituted Customer Grievance Redressal Council comprising senior management officials, to review with the Nodal Officer and oversee the Grievance Redressal Mechanism.
e. As per RBI Circular No. RBI/2012-13/416 DNBS .CC.PD.No.320/03.10.01/2012-13, the Company shall display the following information prominently, for the benefit of the customers, at their branches / places where business is transacted: the name and contact details (Telephone / Mobile nos. as also email address) of the Grievance Redressal Officer who can be approached by the public for resolution of complaints against the Company.
f. If the complaint / dispute is not redressed within a period of one month, the customer may appeal to the Officer-in-Charge of the Regional Office of DNBS of RBI (complete contact details), under whose jurisdiction the registered office of the Company falls i.e. Jaipur, Rajasthan State Regional Office.
g. In short, the public notice shall serve the purpose of highlighting to the customers, the grievance redressal mechanism followed by the company, together with details of the grievance redressal officer and of the Regional Office of the RBI.
Repossession of vehicles/property
a. The Company shall have a built in re-possession clause in the contract/loan agreement with the borrower which shall be legally enforceable. To ensure transparency, the terms and conditions of the contract/loan agreement shall also contain provisions regarding:i. Notice period before taking possession;
ii. Circumstances under which the notice period can be waived;
iii. The procedure for taking possession of the security;
iv. A provision regarding final chance to be given to the borrower for repayment of loan before the sale / auction of the property;
v. The procedure for giving repossession to the borrower and+
vi. The procedure for sale / auction of the property.
Regulation of Excessive Interest Rate
1. AGFC shall adopt an interest rate model taking into account relevant factors such as, cost of funds, margin and risk premium, etc and determine the rate of interest to be charged for loans and advances.
2. The rate of interest and the approach for gradations of risk and rationale for charging different
rate of nterest to different categories of borrowers shall be disclosed to the borrower or customer in the application form and communicated explicitly in the sanction letter.
3. The rates of interest and the approach for gradation of risks shall also be made available on the web-site of the companies or published in the relevant newspapers. The information published in the website or otherwise published should be updated whenever there is a change in the rates of interest.
4. The rate of interest should be annualised rates so that the borrower is aware of the exact rates that would be charged to the account.Internal control system:The company has resolved that a senior official of the Company be designated to ensure the adherence of the Fair practices code of the company by all the staff concerned. The Official so designated shall establish systems of internal control including audit and periodic inspection. The Official so designated shall prepare such periodical returns, which adequately reflect the implementation of the Fair practices adopted by the Company and shall submit its report to the Board of directors once in a quarter.