Professional Documents
Culture Documents
CHAPTER -2
RECOVERY MANAGEMENT SYSTEM IN INDIAN BANK
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2.1 INTRODUCTION
Banks were never so serious in their efforts to ensure timely recovery and consequent
reduction of NPAs as they are today. It is important to remember that recovery
management, be of fresh loans or old loans, is central to NPA management. This
management process needs to start at the loan initiating state itself. Effective
management of recovery and NPA comprise two pronged strategy. First relates to
arresting of the defaults and creation of NPA thereof and the second is to handling of
load delinquencies. The tenets of financial sector reforms were revolutionary which
created a sense of urgency in the minds of staff of bank and gave them a message that
either they perform or perish. the prudential norm has forced the bank to look into the
asset quality. A debt from a loan, credit line or accounts receivable that is recovered
either in whole or in pat after it has been written off or classified as a bad debt. In
accounting, the bad debt recovery would credit the “allowance for bad debts” or “bad
debt reserve” categories and reduce the “accounts receivable” category in the books.
Not all bad debt recoveries are “like-kind” recoveries. For example, a collateralized
loan that has been written off may be partially recovered through sale of the collateral.
Or a bank may receive equity in exchange for writing off a loan, which could later
result in recovery of the loan and, perhaps, some additional profit.
RECOVERY
Recovery is a key to the stability of the banking sector there should be no hesitation in
stating that Indian banks have done a remarkable job in containment of Non-
Performing Assets (NPA) considering the overall difficult environment. Recovery
Management is also linked to the bank’s interest margin’s we must recognize that cost
and recovery management supported by enabling legal framework hold the key to
future health and competitiveness of the Indian banks. No doubt, improving recovery
management in India is an area requiring expeditions and effective actions in Legal
institutional and judicial processes. Banks at present experience considerable
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difficulties in recovering loans and enforcement of securities charged with them. The
existing procedure for recovery of debts due to banks has blocked a significant
portion of their funds in unproductive assets, the value of which deteriorates with the
passage of time.
Banks deserves to be paid for their products and services. The collection
professionals in Recovery Management Systems will work to see that.
Reasonable fees with no up-front costs, they get paid only when it is collected.
Recovery Management Systems will design a collection strategy to meet bank’s
objectives. Bank can recovery their debts without losing customers.
Monthly settlements with meaningful reporting, Status updates on demand
Extensive experience obtaining and collecting money judgments in Ohio;
Garnishments; Liens and Levies, Recovery Management System will collect when
legal action is the only option.
Cutting edge skip- tracing tools and techniques Recovery Management Systems
can work 1st; 2nd; and 3rd placements and even turn bank old judgment in to
money.
The process of assigning debt collection to outsides enables officials from Banks
to develop more remunerative new business.
Third party involvement in debt collection has proven time and again to improve
the chance of recovering bank dues as these people are specialists in negotiating
with debtors and the result usually speak for themselves
A skillfully negotiated debt collection could mean saving on litigation cost.
The process of assigning debt collection to outsides enables officials of non-
Banks. Cost to develop more beneficial new business.
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On the basis of the foregoing procedure for normal recovery process, we may list
below certain Don’ts for the debt recovery, which are as follows:
Don’t violate or breach the recovery policy, procedure etc. prescribed by the
owner
Don’t exceed the authority given in the recovery arrangement
Don’t make a call to the debtor before 07:00 Hours or after 21:00 Hours.
Don’t make anonymous calls or bunched calls to the debtor, which may be
perceived as harassment.
Don’t conceal or misrepresent your identity during calls and visit or other
interaction with the debtor.
Don’t show uncivil/indecent/dirty behavior or use such language during calls and
visits to the debtor.
Don’t harass/humiliate/intimidate/threated the debtor verbally or physically.
Don’t intrude into the privacy of the debtor’s family members, friends/colleagues.
Don’t disclose the customer’s debts/dues account information to unauthorized
person.
Don’t forget that the debtor is a human being and deserves to be treated with
fairness and courtesy, despite the fact that he/she is a debtor for the time being.
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The agency regarding debt recovery contains the main terms and conditions
agreed by the principal (Bank) and the agent. The main elements of the debt
recovery would generally include:
Specific tasks to be accomplished e.g. the amount to be recovered from the
specified loan accounts in default and the broad time frame.
Debt Recovery Policy and Procedure of the bank to be followed
Code of conduct in recovery process may include dress code, verbal and written
communication rules to be followed by the individuals employed by the agency
for the purpose of collection.
Duties of the agent
Right of the agent, including the commissions/fees payable by the principal to the
agent/agency for the recovery of debt/other services. The Debt Recovery Policy
and code of conduct in the debt recovery will be regulations compliant, i.e. in
accordance with the directives and guidelines of the Reserve Bank of India issued
from time to time. If, however these are not incorporated there in, it is advisable
for agents to seek clarification from the principal, as compliance with the
regulations is mandatory for the banks and also their recovery agents. The Debt
Recovery Agreement between the credit institution and the debt recovery
agent/agency serves as the contractual arrangement that is legally binding on both.
Such an arrangement, being bank specific may vary from bank to bank in details.
The duties of the agent/agency the authority delegated and code of conduct
prescribed by the bank in the process of recovery function would to be carefully
noted for strict compliance by the agent.
One major problem which the banks in India are facing is the problem of recovery
and overdue of loans. The reasons behind this may vary for different financial
institutions as it depends upon the respective nature of loans. Here an attempt is made
to find out the some causes of default of loans due to which financial Institutions are
facing the problems of overdue of loans. The recovery officers of different banks are
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interviewed for finding out the causes of defaults. These reasons may be useful for the
Banks for the better recovery of loans in future. After surveying different banks, the
following can be said to be some of the main causes of default of loans from industrial
sector:
(a) Improper selection of an entrepreneur:
Selection of thee right Entrepreneur is one of the major factors in the profitability of
Banks. Two major criterion names the intention to repay and the capacity to repay
should be properly dealt with in Credit Evaluation. The entrepreneurs who have the
willingness, capabilities, qualities and requisite expertise for successfully setting up
and running an industrial unit, should be identified with proper prudence and
judiciousness. This is the best way of safeguarding thee investment of a bank, thereby
ensuring proper and timely repayment. Unbiased survey report of the site and
capability of the Entrepreneur must be verified by the surveyor. In other words the
credit worthiness of the entrepreneur as well as the project should undergo very
careful scrutiny before the sanctioning of the loan. Strict measures and security should
take before the sanctioning of the loan.
One of the important reasons for poor recovery of loan is attributable to wrong
selection of projects. Success of any project depends upon the viability of the project,
and the viability in turn, depends upon the easy availability of raw material,
transportation, railways, skilled labor, and communication facilities, markets etc. If
any of the above is not easily available to the entrepreneur it results in an increase in
the cost of the project and also in delay of production. This inevitably causes default
in repayment of loans. There are many examples where the banks accede to finance
projects deficient in one or more of these areas. In usual practice, when an
entrepreneur approach for a loan he presents his project in such a way that no one can
easily comprehend the non-availability of the primary prerequisites. All thee weak
points are camouflaged and only strong points of the project are highlighted.
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Occasions are not few when there develops a tendency on the part of the financers to
paint a rosy picture of the project at the time of appraisal. If the sanctioning authority
is guided by consideration of personal interests, many things may happen. the
breakeven point of a project may be shown at an unrealistically low level of
operation, or profitability may be shown at an unduly high level just to brighten the
chances of acceptability of the project by the financial institution; or cash inflow may
be shown in an unduly optimistic manner and, therefore, Debts Service Coverage
Ratio (DSCR) worked out incorrectly, fixing unrealistically high installments and
conservative schedule of repayments. These inner pulls and pressures may find
reflection in fixing excessive amounts of installments in order to show an early period
of repayment. the borrower at this stage finds himself in an unenviable position of a
“Yes Master” and nods his head at whatever conditions are attached or whatever
repayment schedule is fixed by the financial institutions, in all probability, covering
up his design to evade payment of the future dues. And the real problem surfaces
when repayment of installment/payment of interest falls due and the borrower
conveniently and blissfully ignores calls for clearance of the said dues, not so much
due to his intention to defraud the loans, as due to him already bleeding white to keep
his concern going.
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The labour situation in India can be broadly classified into two categories namely
availability and welfare related problems. Skilled labour is in shortage for many
specialized industrial units particularly because of the geographical situation of such
units. Shortage of labour results in unwarranted deceleration of production thereby
hampering the profitability of the concerned unit. On the other hand labour welfare is
grossly neglected by industrial units leading to a feeling of dissatisfaction and
disgruntlement among the working force. However, it would be pertinent to mention
here that there are numerous instances where political and vested interests tend to
instigate labour problems.
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The origin of the problem of burgeoning NPAs lies in the quality of managing credit
risk by the concerned banks. What is needed? is having adequate preventive measures
in place namely, fixing pre-sanctioning appraisal responsibility and having an
effective post-disbursement supervision. Banks concerned should continuously
monitor loans to identify accounts that have potential to become non-performing.
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To start with, performance in terms of profitability is a bench mark for any business
enterprise including the banking industry. However, increasing NPAs have a direct
impact on banks profitability as legally banks are not allowed to book income on such
accounts and at the same time banks are forced to make provision on such assets as
per the Reserve Bank of India (RBI) guidelines. Further, Reserve Bank of India (RBI)
successfully creates excess liquidity in the system through various rate cuts and banks
fail to utilize this benefit to its advantage due to the fear of burgeoning non-
performing assets.
Devising a strategy helps in achieving a set goal or objective. recovery agents should
therefore devise a strategy for debt recovery. The following guidelines would help in
preparing proper strategy for debt recovery.
The collection process should be compliant to the bank specific recovery norms
and also regulatory guidelines.
The collection timing should be synchronized to the cash inflow pattern of the
debtors: for example, recovery from salaried employees should be timed when
salary is received by or credited to the debtor’s account, normally at the month
end. In case of SME borrowers the effort should coincide with cash flow on
account of sales. In case a collection from agriculturist should be made, then it
should be soon after the crops are sold. This will call for knowledge of bank
products on the part of agents. It should be the endeavour of the agent that
collection should be made well before the cash inflows are spent away by the
debtor for meeting other expenses.
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Collection of post due debt or receivables of the bank that has engaged a recovery
agent is the core function of the agent. All other functions, as discussed in the
preceding unit, revolve around this core function. We will discuss in detail the policy,
processes and procedure for debt recovery function in this unit. Banks lay down their
policy and procedure for collection of past due debts in conformity with the legal and
regulatory framework. The banks will in particular, abide by The RBI directives on
recovery of debt, including recovery agents engaged by the bank and The Model
Policy on collection of Dues and Repossession of security framed by Indian Banks’
Association. A bank will normally incorporate its policy and procedure for debt
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recovery in the arrangement entered in to its recovery agents. In terms of the recovery
management agreed with the bank, the recovery agents should adhere to the policy,
procedure, etc. prescribed by the bank.
The debt collection policy (Recovery policy) of the bank is built around dignity and
respect to customers. The Bank will not follow policies that are unduly coercive in
recovery of dues from borrowers. The policy is built on courtesy, fair treatment and
persuasion. the bank believes in following fair practices with regard to recovery of
dues from borrowers and taking possession of security (properties/assets charged to
the bank as primary or collateral security) (known as security repossession) and
thereby fostering customer confidence and long-term relationship. The repayment
schedule for any loan sanctioned by the Bank will be fixed taking into account the
repaying capacity and cash flow pattern of the borrower. The bank will explain to the
customer upfront the method of calculation of interest and how the Equated Monthly
Instalments (EMI) or payments through any other mode or repayment will be
appropriated against interest and principal due from the customers. The bank would
expect the customers to adhere to the repayment schedule agreed to and approach the
Bank for assistance and guidance in case of genuine difficulty in meeting repayment
obligations. The Bank’s Security Repossession Policy (Taking Possession of the
mortgaged properties under SAESI Act or acquiring the property as non-banking asset
through enforcement of the decree) aims at recovery of dues in the event of default
and is not aimed at whimsical deprivation of the property. The policy recognizes
fairness and transparency in repossession, valuation and realization of security. All
the practices adopted by the bank for follow up and recovery of dues and repossession
of security will be in consonance with the law.
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General Guidelines:
All the members of the staff or any person authorized to represent the Bank in
collection and/ or security repossession would follow the guidelines set out below:
i. The customer would be contacted ordinarily at the place of his/her choice and in
the absence of any specified place, at the place of his/her residence and if
unavailable at his/her residence, at the place of business/occupation.
ii. Identity and authority of persons authorized to represent the Bank for follow up
and recovery of dues would be made known to the borrowers at the first instance.
the bank staff or any person authorized to represent the bank in collection of dues
or/and security repossession will identify himself/herself and display the authority
letter issued by the bank upon request.
iii. The bank would respect privacy of its borrowers.
iv. The bank is committed to ensure that all written and verbal communication with
its borrowers will be in simple business language and the bank will adopt civil
manners for interaction with borrowers
v. Normally the bank’s representatives will contact the borrower between 07:00 Hrs.
and 19:00 Hrs. unless circumstances warrant visiting the borrower at odd hours
and occasions. Such circumstances would include continuous irregularity in the
accounts.
vi. Borrower’s requests to avoid calls at a particular time or at a particular place
would be honoured as far as possible.
vii. The bank will document the efforts made for the recovery of dues and the copies
of communication, if any, sent to the customers will be kept on record.
viii. All or differences regarding dues is mutually acceptable in and an orderly manner.
ix. In appropriate occasions such as bereavement in the family or such other
calamitous occasions will be avoided for making calls/visits to collect dues.
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Repossession of Security
Repossession of security is aimed at recovery of dues and not to deprive the borrower
of the property. The recovery process through repossession of security will involve
repossession valuation of security and realization of security through appropriate
means. All these would be carried out in a fair and transparent manner. Repossession
will be done only after issuing the notice as detailed above. Due process of law will
be followed while taking repossession of the property. the bank will take all
reasonable care for ensuring the safety and security of the property after taking
custody, in the ordinary course of the business.
Valuation and sale of property repossessed by the bank will be carried out as per law
and in a fair and transparent manner. The bank will have right to recover from the
borrower the balance due, if any, after sale of property. Excess amount, if any,
obtained on sale of property will be returned to the borrower after meeting all the
related expenses provided the bank is not having any other claims against the
borrower.
As indicated earlier in the policy document, the bank will resort to repossession of
security only for the purpose of realization of its dues as the last resort and not with
intention of depriving the borrower of the property. Accordingly, the bank will be
willing to consider handing over repossession but before concluding sale transaction
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of the property, provided the bank dues are paid in full. If satisfied with the
genuineness of borrower’s inability to pay the loan instalments as per the schedule
which resulted in the repossession of security, the bank may consider handing over
the property after receiving the instalments in arrears. However, this would be subject
to the bank being convinced of the arrangements made by the borrower to ensure
timely repayment of remaining instalments in future.
Debt recovery processes can be typically of following kinds, each involving different
procedure:
Difficult recovery process where the debtors are not willing to pay and who
intentionally resist or avoid recovery efforts: The recovery agent has to follow
special process of recovery against the recalcitrant defaulters, in consultation with
the bank.
Assets possession process: If the recalcitrant debtors do not eventually pay the
dues, the movable assets charged to the bank by way of hypothecation or pledge,
can be possessed by the bank or the recovery agent and thereafter auctioned or
otherwise sold to recover the dues. The detailed procedure for such recovery is
discussed later, after explaining the meaning of pledge, hypothecation etc. in
another Unit.
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i. Where a bank has to recover any debt from any person, it may make an
application to the Tribunal within the local limits of whose jurisdiction By
Act 1 of 2000, Section 8, and (W.r.e.f.17/01/2000). Subs. by Act 1 of 2000,
Sec. 9, for section 19 (W.r.e.f. 17/01/2000). (a) the defendant, or each of the
defendants where there are more than one, at the time of making the
application, actually and voluntarily resides or carries on business or
personally works for gain’ or (b) any of the defendants, where there are
more than one, at the time of making the application, actually and
voluntarily resides or carries on business or personally works for gain; (c)
the ause of action, wholly or in party, arises.
ii. Where a bank, which has to recover its debt from any person, has filed an
application to the Tribunal under sub section (1) and against the same person
another bank also has claim to recover its debt, then, the later bank or
financial institution may join the applicant bank at any stage of the
proceedings, before the final order is passed, by making an application to
that Tribunal.
iii. Every application under sub-section (1) or sub-section (2) shall be in such
form and accompanied by such documents or other evidence and by such fee
as may be prescribed provided that the fee may be prescribed having regard
to the amount of debt to be recovered Provided further that nothing
contained in this sub-section relating to fee shall apply to cases transferred to
the Tribunal under sub-section of section 31. On receipt of thee application
under sub-section (1) or sub-section, the Tribunal shall issue summons
requiring the defendant to show cause within thirty days of the service of
summons as to why the relief prayed for should not be granted.
iv. The defendant shall, at or before the first hearing or within such time as the
Tribunal may permit, present a written statement of his defence.
v. Where the defendant claims to set-off against the applicant’s demand any
ascertained sum of money legally recoverable by him from such applicant,
the defendant may, at the first hearing of the application, but not afterwards
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property; or (ii) is about to remove the whole or any part of his property
from the local limits of the jurisdiction of the Tribunal; or (iii) is likely to
cause any damage or mischief to the property or affect its value by misuse or
creating third part interest, the Tribunal may direct the defendant, within a
time to be fixed by it, either to furnish security, in such sum as may be
specified in the order, to produce and place at the disposal of the Tribunal,
when required, the said property or the value or the same, or such portion
there of as may be sufficient to satisfy the certificate for the recovery of the
debt, or to appear and show cause why he should not furnish security.
(B) Where the defendant fails to show cause why he should not furnish
security, or fails to furnish the security required, within the time fixed by the
Tribunal, the Tribunal may order the attachment of the whole or such portion
of the properties claimed by the applicant as the properties secured in his
favour or otherwise owned by the defendant as appears sufficient to satisfy
any certificate for the recovery of debt.
xiv. The applicant shall, unless the Tribunal otherwise directs, specify the
property required to be attached and the estimated value thereof.
xv. The Tribunal may also in the order direct the conditional attachment of the
whole or any portion of the property specified under sub section.
xvi. If an order of attachment is made without complying with the provisions of
sub-section, such attachment shall be void.
xvii. In the case of disobedience of an order made by the Tribunal under sub-
sections (12), (13) and (18) or breach of any of the terms on which the order
was made, the Tribunal may order the properties of the person guilty of such
disobedience or breach to be attached an may also order such person to be
detained in the civil prison for a term not exceeding three months, unles in
the meantime the Tribunal directs his release.
xviii. Where a certificate of recovery is issued against a company registered under
the Companies Act 1956 (1 of 1956) the Tribunal may order the sale
proceeds of such company to be distributed among its secured creditors in
accordance with the sale proceeds of such company to be distributed among
its secured creditor in accordance with the provisions of section 529 A of the
Companies Act, 1956 and to pay the surplus, if any, to the company.
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xix. The Tribunal may, after giving the applicant and the defendant an
opportunity of being heard, pas such interim or final order, including the
amount is found due up to the date of realization or actual payment, on the
application as it thinks fit to meet the ends of justice.
xx. The Tribunal shall send a copy of every order passed by it to the applicant
and the defendant.
xxi. The Presiding Officer shall issue a certificate under his signature on the
basis of the order of the Tribunal to the Recovery Officer for recovery of the
amount of debt specified in the certificate.
xxii. where the Tribunal, which has issued a certificate of recovery, is satisfied
that the property is situated within the local limits of the jurisdiction of two
or more Tribunals, it may send the copies of the certificate of recovery for
execution to such other Tribunals where the property is situated: Provided
that in a case where the Tribunal to which the certificate of recovery is sent
for execution finds that it has no jurisdiction to comply with the certificate of
recovery, it shall return the same to the Tribunal which has issue it.
xxiii. The Tribunal may made such orders and give such directions as may be
necessary or expedient to give effect to its orders or to prevent abuse of its
process or to secure the ends of justice.
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iv. On receipt of an appeal under sub-section, the Appellate Tribunal may, after
giving the parties to the appeal, an opportunity of being heard, pass such
orders thereon as it thinks fit, confirming, modifying or setting aside the order
appealed against.
v. The Appellate Tribunal shall send a copy of every order made by it to the
parties to the appeal and to the concerned Tribunal.
vi. The appeal filed before the Appellate Tribunal under sub-section shall be dealt
with by it as expeditiously as possible and endeavour shall be made by it to
dispose of the appeal finally within six months from the date of receipt of the
appeal.
Where an appeal is preferred by any person from whom the amount of debt is due to a
bank or a consortium of banks, such appeal shall not be entertained by the Appellate
Tribunal unless such person has deposited with the Appellate Tribunal seventy-five
percent of the amount of debt so due from him as determined by the Tribunal under
section 19: Provided that the Appellate Tribunal may, for reasons to be recorded in
writing waive or reduce the amount to be deposited under this section.
(4) Procedure and Powers of the Tribunal and the Appellate Tribunal
i. The Tribunal and the Appellate Tribunal shall not be bound the procedure laid
down by the code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the
principles of natural justice and, subject to the other provisions of this Act and of
any rules, the tribunal and the Appellate Tribunal shall have powers to regulate
their own procedure including the places at which they shall have their sittings.
ii. The Tribunal and the Appellate Tribunal shall have, for the purposes of
discharging their functions under this Act, the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in
respect of the following matters, namely:
a) Summoning and enforcing the attendance of any person and examining him on
oath;
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As mentioned above, this procedure will generally apply to the debtors who are
willing to pay the dues with normal recovery process. Based on the above-mentioned
regulatory guidelines, following procedure may be outlined for such recovery.
However the recovery agents should follow the bank-specific debt recovery procedure
as advised by their principal. Below are given the main rules for making telephone
calls and visit to the debtor for recovery of dues:
i. The recovery agent has been authorized by the bank to collect the past due
debt from the particular customer.
ii. The customer has been notified by the bank of the details of the reecovery
agent for collection of the past-due debt.
iii. Making customer calls: This is the first step in recovery procedure and
following rules should be followed generally:
Calls are made from the same number as advised by the bank to the
customer.
The agents disclose his identity and authority at the first instance.
The agent contacts the debtor between 07:00 Hours and 19:00 Hours,
unless the special circumstances of his/her business or occupation required
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should thereafter show his Identity Card and authority given by the
principal for debt collection from the debtor. Only after these initial
formalities, the conversation regarding debt collection should start.
iv. The time of visiting the customer will be generally between 07:00 Hours to
21:00 Hours. Visits earlier or later than the prescribed time may be made
only under the following conditions:
When the customer has expressly consented to that timing.
When attempts to contact the customer have resulted in information
that the customer is normally only available outside these hours and
no alternate telephone number is available to contact him/her.
when due to nature of the customer’s employment i.e. working in
shifts e.g. call centre, hotel. He/she is usually available outside these
hours.
v. The agent should respect privacy of the debtor. Privacy policy as discussed
above for calls would apply during visits also.
vi. During the visit, due respect and courtesy should be shown to the customer
and the interactions should be civil and polite as per the principal’s policy
vii. During interactions with the debtor, the agent must not use threats or
intimidation verbally or by body language. Under no circumstances, any
physical violence be used in debt collection process.
i. Where a certificate has been issued to the Recovery Officer under Sub-section
of section 19, the Recovery Officer may, without prejudice to the modes of
recovery specified in section 25, recovery the amount of debt by anyone or
more of the modes provided under this section.
ii. If any amount is due from any person to the defendant, the Recovery Officer
may require such person to deduct from the said amount, the amount of debt
due from the defendant under this Act and such person shall comply with any
such requisition and shall pay the sum so deducted to the credit of the Recover
Officer: Provided that nothing in this sub-section shall apply to any part of the
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due to the defendant or that he does not hold any money for or on account
of the defendant, then, nothing contained in this sub-section shall be
deemed to require such person to pay any such sum or part thereof, as the
case may be, but if it is discovered that such statement was false in any
material particular, such person shall be personally liable to the Recovery
Officer to the extent of his own liability to the defendant on the date of the
notice, or to the extent of the defendant’s liability for any sum due under
this Act, whichever is less.
g) The Recovery Officer may, at any time or from time to time, amend or
revoke any notice under this sub-section or extend the time for making any
payment in pursuance of such notice.
h) The Recovery Officer shall grant a receipt for any amount paid in
compliance with a notice issued under this sub-section, and the person so
paying shall be fully discharged from his liability to the defendant to the
extent of the amount so paid.
i) Any person discharging any liability to the defendant after the receipt of a
notice under this sub-section shall be personally liable to the Recovery
Officer to the extent of his own liability to the defendant so discharged or
to the extent of the defendant’s liability for any debt due under his Act,
whichever is less.
j) If the person to whom a notice under this sub-section is sent fails to make
payment in pursuance thereof to the Recovery Officer, he shall be deemed
to be a defendant in default in respect of the amount specified in the notice
and further proceedings may be taken against him for the realization of the
amount as if it were a debt due from him, in the manner provided in
section 25, 26 and 27.
iv. The Recovery Officer may apply to the court in whose custody there is money
belonging to the defendant for payment to him of the entire amount of such
money, or if it is more than the amount of debt due an amount sufficient to
discharge the amount of debt so due. The Recovery Officer may, by order, at
any stage of the execution of the certificate of recovery, require any person,
and in case of a company, any of its officers against whom or which the
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The Honourable Supreme Court also observed that loans, personal loans, credit card
loans and housing loans with less than Rs. 10 lakh can be referred to LOK
ADALATS.
In this connection, banks’ attention is invited to circular DBOD. No. Leg. BC.
21/09.06.002/2004-05 dated August 3, 2004 wherein they were advised to use the
forum of Lok Adalats organized by Civil Courts for recovery of loans. Banks are
advised that they should preferable use the forum of Lok Adalats for recovery of
personal loans, credit card loans or housing loans with less than Rs. 10 Lakhs as
suggested by the Honourable Supreme Court. Banks, as principals, are responsible for
the actions of their agents. Hence, they should ensure that their agents engaged for
recovery of their dues should ensure that their agents engaged for recovery of their
dues should strictly adhere to the above guidelines and instructions. Complaints
received by Reserve Bank regarding violation of the above guidelines and adoption of
abusive practices followed by banks’ recovery agents would be viewed seriously.
Reserve Bank may consider imposing a ban on a bank from engaging recovery agents
in a particular area, either jurisdictional or functional, for a limited period. In case of
persistent breach of above guidelines similar supervisory action could be attracted
when the High courts or the Supreme Court pass strictures or impose penalties against
any bank or its Directors/Officers/agents with regard to policy, practice and procedure
related to the recovery process.
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Agent in these guidelines would include agencies engaged by the bank and the
agents/employees of the concerned agencies. Banks should have a due diligence
process in place for engagement of recovery agents, which should be so structured to
cover, among others, individuals involved in the recovery process. The Due diligence
process should generally conform to the guidelines issued by RBI on outsourcing of
financial services vide circular DBOD. No. BP.40/21.04.158/2006-07 dated
November 3, 2006. Further, banks should ensure that the agents engaged by them in
the recovery process carry out verification of the antecedents of their employees,
which may include pre-employment police verification, as a matter of abundant
caution. Banks may decide the periodicity at which re-verification of antecedents
should be resorted to. To ensure due notice and appropriate authorization, banks
should inform the borrower the details of recovery agency firms/companies while
forwarding default cases to the recovery agency. Further, since in some of the cases,
the borrower might not have received the details about the recovery agency due to
refusal/non-availability/avoidance and to ensure identification, it would be
appropriate if the agent also carries a copy of the notice and the authorization letter
from the bank along with the identity card issued to him by the bank or the agency
firm/company. Further, where the recovery agency is changed by the bank during the
recovery process, in addition to the bank notifying the borrower of the change, the
new agent should carry the notice and the authorization letter along with his identity
card. The notice and the authorization letter should, among other details, also include
the telephone numbers of the relevant recovery agency. Banks should ensure that
there is a tape recording of the content/text of the calls made by recovery agents to the
customers, and vice-versa.
Banks may take reasonable precaution such as intimating thee customer that the
conversation is being recorded, etc. The up to date details of the recovery agency
firms/companies engaged by banks may also be posted on the bank’s website. Where
a grievance/complaint has been lodged, banks should not forward cases to recovery
agencies still they have finally disposed of any grievance/complaint lodged by the
concerned borrower. However, where the bank is convinced, with appropriate proof,
that the borrower is continuously making frivolous/vexatious complaints, it may
continue with the recovery proceedings through the Recovery Agents even if a
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grievance/complaint is pending with them. In cases where the subject matter of the
borrower’s dues might be sub judicial, banks should exercise utmost caution, as
appropriate, in referring the matter to the recovery agencies, depending on the
circumstances.
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of one year all their Recovery Agents undergo the above training and obtain the
certificate from the above institute. Further, the service providers engaged by banks
should also employ only such personnel who have undergone the above training and
obtained the certificate from the IIBF. Keeping in view the fact that a large number of
agents throughout the country may have to be trained, other institutes/bank’s own
training colleges may provide the training to the recovery agents by having tie-up
arrangement with Indian Institute of Banking and Finance so that there is uniformity
in the standards of training. However, every agent will have to pass the examination
conducted by IIBF all over India.
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The agent’s language (verbal as well as body language) should be civil and
courteous, as per the bank- specific requirement.
The objective of the communication should be clear.
The language used should be clear simple and courteous.
The language should be easily understood by the receiver.
The agent should be watchful and sensitive to the receiver’s responses (including
his/her body language).
Make sure that non-verbal communication/Body Language is not adverse to
debtor, though non-intentional.
Following are the requisites of good listening, which help improve communication
and make if effective:
Hear attentively to what the debtor is saying. One may hear, but not listen, if
he/she is distracted or inattentive.
Lack of listening conveys lack of regard/respect for the communicator; hence it
should be avoided.
Do not show impatience or haste while listening to the debtor. You may lose some
important information the debtor washes to say.
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Following are some of the elements of inter-personal skill for recovery agent:
Communicate and listen properly and effectively, as described above.
Show sympathy and respect to other party, notwithstanding the fact that he/she
(debtor) to the principal (Bank/Recovery Agencies).
Do not make the debtor feel anxious/insecure/threatened by agent’s
communication verbal or non-verbal. On the contrary, try to remove such
apprehension, if any, of the debtor.
Giving all the information the debtor asks for in connection with the debt and its
repayment. This would help improve interpersonal relation and also the recovery
prospects.
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Explain that the bank (principal) lends money out of the deposits collected from
the public and repayment of the loans by the debtor and other as per the terms
would enable the bank to pay the deposits when demanded by the depositors.
Explain your task/duty of collection of dues on behalf of the principal and that you
have no authority to waive/reduce or unduly postpone the recovery, which only
the principal can do.
Show interest/concern for the debtor by understanding his/her problem and say
that you would try to give assistance to the possible, within the authority, as agent,
given to you by the principal.
Explain that non-payment may adversely impact the debtor’s credit history, which
may make his/her future borrowing with any bank costlier and difficult. This
should induce the debtor to pay.
Also explained that non-repayment of the outstanding loan amount to breach of
the loan agreement and would result in the bank for charging higher interest rate.
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agencies to process the required expertise. The functions of re-processing the security,
initial legal action and tracing the vanished debtors may be called as specialized
function of debt collecting agencies.
Loan or advance agreement must have existing between the creditor and debtor.
Due date on or after which the obligation is required to be discharged by the debtor in
favour of the creditor. In terms of the arrangement between the creditor bank and the
debt recovery agency the former authorizes the debtors on or after the specified due
dates. The required particulars of the debtors and receivables to be collected from
them are furnished by the bank to the agent, along with copies of the relative loan
agreements. Thus the debt recovery agent is legally authorized to collect the specified
receivables from thee debtors on behalf of the principal:
The loan agreement and the debt collection agency agreement must contain the
procedure and processes of debt collection, code of conduct in collection process and
other regulatory requirements that need to be complied with by the recovery agents
are discussed in subsequent units.
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3. Copies of loan/advances:
Agreements between thee debtors and the bank is obliged to keep confidentiality of its
customer’s accounts and recovery and these should not be divulged to third parties
without the customer’s sent. As such, a debt recovery agent must take all due care to
the required privacy and confidentiality as regards the records of each due furnished
by the bank and also as regards the collections made remitted by him to the principal.
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2.17 CONCLUSION
To conclude with, till recent past, corporate borrowers even after defaulting
continuously never had any real fear of bank taking any action to recover their dues
despite the fact that their entire assets were hypothecated to the banks. This is because
there was no legal Act framed to safeguard the real interest of banks. However with
the introduction of Securitization Act, 2002 banks can now issue notices to their
defaulters to repay their dues or else make defaulters face hard and tough actions
under the aforementioned Act. This enables banks to get rid of sticky loans thereby
improving their bottom lines. Also a hallmark of a good business is approaching it
with a fresh, new perspective and requires management that is fully awake, fully alive
and of course fully focused on making things better. Also, the passing of the
Securitization Act, 2002 came as a bonanza for investors in banking sector stocks that
in turn resulted into an improvement in their share prices.
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REFERENCE:
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