COLLECTION OF DUES AND REPOSSESSION OF SECURITY
The debt collection policy of the bank is built around dignity and respect to customers. Bank will not follow policies that are unduly coercive in collection of dues. The policy is built on courtesy, fair treatment and persuasion. The Bank believes in following fair practices with regard to collection of dues and repossession of security 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 paying 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 Installments (EMI) or payments through any other mode of 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.
Bank's Security Repossession Policy aims at recovery of dues in the event of default and is not aimed at whimsical deprivation of the property. The Bank would set in motion repossession procedure only after all attempts by the bank to discuss with the borrower the ways and means to overcome the financial hurdles have failed. 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 inconsonance with the law.
General Guidelines :
All the members of the staff or any person authorized to represent our bank in collection or/and security repossession would follow the guidelines set out below :
- 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.
- Identity and authority of persons authorized to represent 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.
- The bank would respect privacy of its borrowers.
- The Bank is committed to ensure that all written and verbal communication with its borrowers will be in simple business language and bank will adopt civil manners for interaction with borrowers.
- Normally the bank's representatives will contact the borrower between 0700 hrs and 1900 hrs, unless the special circumstance of his/her business or occupation requires the bank to contact at a different time.
- Borrower's requests to avoid calls at a particular time or at a particular place would be honored as far as possible.
- The bank will document the efforts made for the recovery of dues and the copies of communication set to customers, if any, will be kept on record.
- All assistance will be given to resolve disputes or differences regarding dues in a mutually acceptable and in an orderly manner.
- Inappropriate occasions such as bereavement in the family or such other calamitous occasions will be avoided for making calls/visits to collect dues.
Giving notice to borrowers
While written communications telephonic reminders or visits by the bank's representatives to the borrowers place or residence will be used as loan follow up measures, the bank will not initiate any legal or other recovery measures including repossession of the security without giving due notice in writing. The service of demand notice will be made by delivering or transmitting to the borrower of his agent, by Registered Post with acknowledgement due, or by Speed Post or by Courier or by any other means of transmission of documents like fax message or Electronic Mail service. Bank will follow all such procedures as required under law for recovery/repossession of security. The borrower will be given due notice as required under the prevailing laws which includes Notice of 60 days from the dispatch of notice under the provisions of Sec. 13(2) to pay the debt failing which the bank will proceed to take possession of the asset.
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, the ordinary course of the business.
Valuation and Sale of Property
Valuation and sale of property repossessed by the bank will be carried out as per law and in a fair and transparent manner. Sale of property is to be caused by giving a notice of thirty days to the borrower / guarantor after taking possession of the property. The notice will contain time, date and venue of the auction and reserve price, if the sale is intended to be conducted by holding public auction. In case, the sale is proposed to be made by private treaty or any other method, the borrower will be intimated reserve price, provided that if the sale of such secured asset is being effected by either inviting tenders from the public or by holding public auction, the sale notice has to be published in two leading newspapers, one of which must be in vernacular.
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 customer i.e. the Bank will be at liberty to exercise right of general lien meaning thereby that until payment is made to the bank of all the amounts, whether past, present or future, actual or contingent which may be payable by the borrower or for which the borrower may be or become liable hereunder or otherwise and whether as principal or surety.
Opportunity for the borrower to take back the security
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 hand over possession of property to the borrower any time after repossession and before concluding sale transaction of the property, provided the bank dues are cleared in full. The possession of property will be given within 60 days from the date of clearance of Bank's all updated dues and after completing all formalities therefore.