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Sudip (Partner)     08 March 2013

Writ petition-reserve bank of india

This is about  Fraud committed by an NBFC and  RBI's inability to take action against NBFC . The consumer approached a NBFC .NBFC promised loan at rate of interest of  x percent per annum diminishing but charged x percent per annum fixed  due to which the emi amount doubled . ofcourse the rate of interest column in the loan application form was  wanted ommitted and the loan EMI sheet also not provided to customer  by NBFC as to cheat . Later the customer identified the same and closed the loan . He also approached RBI and lodged a complaint with Dept of Non Banking Services ie DNBS.. The DNBS responded  saying that the NBFC violated the Fair Practices Code . Later  the customer approached RBI  under RTI Act and questioned what all actions can the Regulator exercise if  any NBFCs resorted to violations of guidelines under section 58 , Banking Regulation Act 1934 .

The RBI replied  by mail to the customer saying it would penalise the NBFC and that it could even cancel the license of the  NBFC .

Recently  in Feb 2013 , the customer sent a letter to RBI asking to take an action against NBFC .Till now there is no communication from RBI regarding the same .

Should the customer still wait until RBI responded to his request ?

or Should the customer  now  file a writ petition in High Court/Supreme Court  asking RBI to take action against NBFC ? If so could any experts in relevant field please help/guide/assist ?

Thankingyou

Sudip



Learning

 3 Replies

dr g balakrishnan (advocate/counsel supreme court)     08 March 2013

Initially you have to give a legal Notice under sec/80 of cpc for 60 days, as you cannot move the court against RBI and NBFC as a lender under Art 226. so u need to give the proper legal  Notice that is a mandatory need under law. Else your Writ will be dismissed by court. if you want to meet me then i can help you in preparing the relevant Notice or if you have a good lawyer who has experience in these areas of law he or she can help you prepare Notice.

It is presumed in law govt departments being slow moving red tapethey need be given sensible reasinable time to rectify their mistates and they should not be hauled up just like that in a court of law, as court does not want public exchequer moneys should not be wasted on litigation by govt department. that is the principle behind Notices against governent departments pls.. dr g balakrishnan, advocate(OS) Bombay high court  

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 March 2013

Before going to the court, you have to obtain  the papers relating to proper action been taken from RBI or not. You can take concerned papers by applying through RTI from RBI. 

Kumar Doab (FIN)     08 March 2013

 

Learned experts/members have given their valuable advice.

You have initiated thread on a subject which is of great importance to fellow countrymen.

The lack lusture attitude and conduct of premier regulator and institution is responsible and hoghest contributing factor for plight of hapless citizens and consumers.

Although RBI is given big and sharp teeth but it does not bite.

Leave apart loan, look at others including but not limited to: CC, deposits, OD etc 

If RBI winds up one NBFC, one CC compnay, one bank it shall send proper signals to mend thier ways.

The guidelines issued for NBFC are attached:

Guidelines on Fair Practices Code for NBFCs:

A. (i)  Applications for loans and their processing

(b) Loan application forms should include necessary information which affects the interest of the borrower, so that a meaningful comparisonwith the terms and conditions offered by other NBFCs can be made and informed decision can be taken by the borrower. The loan application form may indicate the documents required to be submitted with the application form.

(c) The NBFCs should devise a system of giving acknowledgement for receipt of all loan applications. Preferably, the time frame within which loan applications will be disposed of should also be indicated in the acknowledgement.

Kindly keep this thread updated.

(ii)  Loan appraisal and terms/conditions

The NBFCs should 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.

 


Attached File : 74779996 nbfc guidelines on loan by rbi cfpcr260312.pdf, 74779996 nbfc master circular 26mc020712fl.pdf downloaded: 210 times

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