Question : LOAN RECOVERY AGENTS



(a) whether loan recovery agents of the Public and private sector banks and other financial institutions have been harassing their customers with regard to recovery of loans over a period of time despite Reserve Bank of India (RBI)/ Supreme Court guidelines;

(b) if so, the details thereof during the last three years and the current year, bank-wise along with the action taken by the Government in this regard;

(c) whether the Government/RBI has issued any guidelines for appointment of recovery agents;

(d) if so, the details thereof along with the mechanism to enforce these guidelines; and

(e) the corrective steps taken/being taken by the Government/RBI to protect the interest of the customers?

Answer given by the minister



THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SMT. NIRMALA SITHARAMAN)

(a) & (b): Banks, as principals, are responsible for the actions of their agents. Hence, banks have been advised to ensure that their agents engaged for recovery of their dues should strictly adhere to the guidelines and instructions issued by RBI, including the BCSBI Code, while engaged in the process of recovery of dues.

The details of complaints regarding loan recovery agents received against the Scheduled Commercial Banks (SCBs) by the Offices of the Banking Ombudsman during the last three years and the current year are as under:

 
Bank Group 2010-11 2011-12 2012-13 2013-14 Nationalised banks 58 58 41 28 SBI Group 62 87 56 40 Public Sector Banks 120 145 97 68 Private Sector Banks 916 215 188 164 Foreign Banks 658 83 45 38 Other Banks (RRBs, LABs) 12 8 21 25 Total 1706 451 351 295
Source: RBI - The year represents the period from 1st July to 30th June.

Bank wise details are as per Annex.

(c) to (e): The Reserve Bank of India (RBI) has issued instructions, vide its Master Circular on Loans and Advances – Statutory and other restriction (updated on July 01, 2014) regarding recovery of loans including vehicle loans and engagement and training of recovery agents, methods to be followed by them, as well as for avoiding adoption of uncivilized, unlawful and questionable behaviour of recovery agents during the process of recovery, as banks are responsible for the acts of their agents. These are applicable to all Scheduled Commercial Banks, Regional Rural Banks and even Primary Cooperative Banks. Such complaints are reviewed by RBI on a case to case basis. In order to mitigate the problems faced by the customers, banks and their agents are also required to follow the ‘Code of Bank’s Commitment to Customers’ issued by the Banking Codes and Standards Board of India (BCSBI) and Fair Practice Code for the Lenders. Further, non-observance of RBI guidelines on engagement of recovery agents by banks has been incorporated in the Banking Ombudsman Scheme as a ground of complaint with effect from February 03, 2009.

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