1. Introduction, Background and Objectives
The Reserve Bank has prescribed the Directions on Fair Practices Code applicable to Non-Banking Financial Companies (NBFCs). The Directions, inter alia, cover general principles on adequate disclosures on the terms and conditions of a loan, collections/ recovery mechanism, protection of customer’s rights, changes in terms & conditions, Grievance Redressal etc.
In accordance with the directions issued by the Reserve Bank of India (RBI), a Non-Banking FinancialCompany is required to frame and adopted the Fair Practices Code approved by the Board.
Accordingly, Livfin India Private Limited (‘the Company’) has framed and adopted the Fair Practices Code (“the Code”) which sets the fair practice standards while dealing with individual customers. The Code has been prepared based on the Guidelines issued by the RBI.
The Code shall apply to all employees of the Company and other persons authorized to represent it in the course of its business.
3. Non-Discrimination Policy
The Company will not discriminate between its customers on the basis of gender, physical ability, race or religion. The Company will also not discriminate visually impaired or physically challenged applicants on the ground of disability in extending products, services, facilities, etc. However, this does not preclude the Company from instituting or participating in schemes framed for different sections of the society.
4. Language of the Communication
All required communications by the Company to the borrower will be in English or the language as understood by the borrower
5. Applications for Loans and their Processing
a) Loan application forms will include the relevant information which affects the interest of the borrower so that informed decision could be taken by the borrower. The loan application form will also indicate the documents required to be submitted with the application form.
b) Receipt of completed application forms will be duly acknowledged by the Company and will also indicate the approximate time frame within which the customer can expect to hear from the Company regarding his/ her loan application.
6. Loan Appraisal and Terms & Conditions
a) All loan applications will be assessed as per the Company’s internal credit policies and appraisal process;
b) Upon approval of the loan a sanction letter indicating the amount of loan sanctioned, the applicable annualised rate of interest rate method of application of the same along with other important terms and conditions will be conveyedin writing to the borrower;
c) The Company will mention the penal interest charged for the late payment in bold in the loan agreement. A suitable provision in this regard shall be incorporated in the loan agreement;
d) After the execution of the loan agreement, a copy of the loan agreement (along with a copy each of all enclosures quoted in the loan agreement) will be furnished to the borrowers.
7. Disbursement of Loans including changes in Terms & Conditions
a) Any changes in the terms and conditions (which are adverse to the borrower) including rate of interest rate, servicecharges, prepayment charges, repayment/ disbursement schedule etc. shall be informed to the bor rower in writing;
b) Changes in interest rates and other charges (which are adverse to the borrower) shall be with prospective effect only;
c) Decision to recall any loan shall be done in accordance with the terms and conditions of the loan agreement;
d) All underlying securities, if any, will be released after the full repayment of the loan and all other charges in with the loan in terms of the loan agreement is complete and subject to exercise of any right of set off, for which a notice shall be given to the borrower with full details.
8. General Provisions with respect to dealing with the Customers
a) The Company shall refrain from interference with the business of the borrowers except under the terms and conditions of the loan agreement (unless new information, not disclosed earlier, by the borrower has come to the notice of the Company);
b) Where the borrower insists on transferring the loan, the consent or otherwise the objection if any, would be conveyed within 21 days from the date of receipt of such request of the borrower. Such transfer will be as per the terms and conditions of the loan in consonance with law;
c) For recovery of loan, the Company will not resort to undue harassment and will follow procedures adopted internally by the Company within the applicable legal framework;
d) The Company will comply with the extant regulatory provisions with respect to prepayment of loans by its borrowers.
e) We will ensure that the staff is adequately trained to deal with the customers in appropriate manner.
9. Rate of Interest and other Charges
a) To ensure that the customers are not charged excessive interest rates and charges on loans and advances by the Company, the Board of Directors of the Company will adopt a Policy on Rate of Interest and other charges, has been put up on the Company’s website for the benefit of its customers.
b) The information regarding the Rate of Interest and other charges of the Company will be also disclosed in the application form and sanction letter.
10. Periodical Review
The Board of Directors or a committee constituted by the Board will conduct periodic review of the compliance of the Fair Practices Code and the functioning of the grievances redressal mechanism within the Company.
11. Grievance Redressal (GR) Mechanism
Any customer having a grievance/ complaint/ feedback with respect to the product and services offered by the Company may write to the Company’s Customer Service Department through any of the following channels:
Call at: +91 91 11 41256300
Letter at the Address: 1001-1003 10th Floor, New Delhi House, Barakhamba Road, Connaught Place, New Delhi 110001
How a complaint should be made
The customers will be requested to necessarily provide necessary loan details i.e. Loan Account Number, Details of Feedback/ Suggestion/ Complaint and valid Contact Information including phone no. & e-mail ID while providing their feedback or lodging complaint with the Company.
When should customer expect a reply
Each customer query/ complaint being unique in nature, the resolution of complaint may take up to 4 weeks after investigation. The customer will be made aware regarding the same.
Whom to approach for redressal
For escalation of grievances, the customer may contact the Grievance Redressal Officer of the Company whose details are as under:
Name: Pooja Sondhi
Email Address: Pooja.firstname.lastname@example.org
Telephone Number: 91 11 41256300
Address: 1001-1003 10th Floor, New Delhi House, Barakhamba Road, Connaught Place, New Delhi 110001
Escalation to the Reserve Bank of India
If the Customer does not receive any response from the Company within 4 weeks or is dissatisfied with the response received, he/ she may approach the Reserve Bank of India at the following address:
The General Manager,
Department of Non-Banking Supervision,
Reserve Bank of India,
6, Parliament Street,
New Delhi – 110001