Friday, October 28, 2011

RBI gets tough on prepayment penalty, discriminatory rates

George Mathew
Posted: Thu Oct 27 2011, 00:44 hrs Mumbai  

After waiting and watching for quite some time, the Reserve Bank of India (RBI) has finally decided to get tough against the discriminatory pricing of loans and the huge prepayment penalty — up to 2 per cent of the outstanding loans — being charged by some banks. 


The RBI has decided to set up a Working Group to look into principles governing proper, transparent and non-discriminatory pricing of credit. This panel is expected to look into different rates for old and new loan customers. Banks and housing finance firms charge different rates for their old and new loan customers. While old customers usually get the stick of high rates, new customers are wooed with carrots like waivers of charges, lower rates and other incentives. The fleecing of customers in the form of penalty on foreclosure or prepayment of loans and different interest rates for old and new loans has been going on for quite some time. 






Unveiling the monetary policy on Tuesday, the RBI said it has decided to implement the recommendations of the Damodaran Committee, on which a broad consensus has emerged, as also the action points which were identified by the Indian Banks’ Association (IBA) and Banking Codes and Standards Board of India (BCSBI) in the last Banking Ombudsman conference. Banks had agreed to stop prepayment penalty on floating loans at the Ombudsman conference, but most banks are yet to stop this practice.

Customers of many banks in India can’t easily make prepayment and transfer their loan from one bank to another bank or from fixed to floating or vice versa. High pre-payment charges of some banks are seen as a restrictive practice deterring the borrowers from switching over to cheaper available source. However, the RBI is yet to come out with more clarity on the issue guidelines as banks want the current dispensation to continue. “We will stick to the charges if we have already signed a contract or agreement with our old customers. In that case, I do not agree with uniformity of charges for old and new customers,” said Bhaskar Sen, CMD, United Bank of India.
The National Housing Bank -- the regulator for housing finance companies -- last week asked housing finance companies (HFCs) to stop charging fee for prepayment for home loans on the floating rate basis. It also asked HFCs to stop charging different rates for old and new customers. This happened despite opposition from HFCs.
Currently, different banks follow different rules, “We extend loan switchover facilities to our customers. We never restricted it to home loans... rather we even allow it for both the auto and personal loans. The prepayment fees charged by the bank depend from loan to loan as fixed by the bank. For example, home loan has different prepayment penalty charge, while auto and personal loans are charged little more than home loans,” said VR Iyer, ED, Central Bank of India

These issues were emphatically raised by the RBI committee on customer services of banks, chaired by former Sebi chairman M Damodaran. “In a floating interest rate scenario, when an entire class of borrowers has the same characteristic and risk level, the point of entry in time (old customers and new customers) should not create discrimination in interest rate offered to the customers. Measures to stop practices of discriminating between new and old customers with identical risk profiles on the basis of interest rate offers, must also be initiated,” the panel said.

Agreeing to this view, Ramnath Pradeep, former chairman and MD of Corporation Bank, said, “I think all banks should go ahead with this proposition to maintain a healthy relationship with their prospective customers for a long-term business with them. As far as the banks’ asset liability is concerned, I don’t think it will be be affected.”
The panel also proposed that all banks must permit home loan borrowers to switch over from fixed to floating rates or vice versa at least once during the loan tenure at an appropriate and reasonable fee. At present, while some banks don’t permit such switch-overs, many others make it prohibitive. “For priority sector and small loans, we do not charge prepayment fees to our customers, but for big loans, it is must. For big loans, the customer keeps shopping from one bank to the other in order to get interest discount for his loans. In that case, the bank gets affected due to asset-liability mismatch,” said M Narendra, CMD, Indian Overseas Bank, arguing for status quo.
On the high home loan foreclosure charges, the panel said banks should not impose exorbitant penal rates towards foreclosure of home loans and “a policy should be devised to ensure that customer is not denied of opportunity to enhance his economic welfare by making choices such as switching to other banks/ financial entities to enjoy the benefits conferred by market competition”. The regulations are also silent on issues such as teaser rate loans, festival loans and several such promotion schemes.


— With Madhusudan Sahoo

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