2. • INTRODUCTION
• REASONS FOR DEFAULT
• LOK ADALAT
• DEBT RECOVERY TRIBUNALS
• ASSET RECONSTRUCTION COMPANIES
• DEBT RECOVERY AGENTS
• IMPORTANT POINTS FOR DEBT RECOVERY
• GENERAL GUIDELINES
• CONCLUSION
• REFERENCES
INDEX
3. • Banks need to recover money lent to Borrowers.
• In case it becomes NPA ; Decreases the profitability.
• Recovery: Recovery is defined as the process of regaining and saving something
lost or in danger of becoming costs.
• Recovery Management is thus concerned with designing and implementing a
collection of strategy to recover the debts without losing customer.
• Recovery Management measures:
Non-Legal
Legal
INTRODUCTION
4. Lack of credit evaluation.
Lack of Follow up measures.
Default due to natural calamities etc.
Inadequacy of collateral security/ equitable
mortgage against loan.
Major Reasons Behind Default
6. LOK ADALATS
• Lok Adalts are created under Legal Services Authority Act 1987.
• It seeks to reduce the number of pending cases relating to recovery of loans as well as dishonour of
cheque cases in various courts.
• Lok Adalat have same powers as civil court under the Code of Civil Procedure while trying a suit in
respect of:
the summoning and enforcing the attendance of any witness.
examining him on oath.
the discovery and production of any document.
Requisitioning of any public record or document or copy of such record or document from any court or office.
• Lok Adalat shall have no jurisdiction in respect of matters relating to an offence not compoundable under
any law.
• Small value loans up to Rs 20 lakh can be amicably settled between the borrower and the lender
7. • The Recovery of Debts Due to Banks and Financial Institution Act (RDDBFI)
• Enacted in Year 1993
• Act provide establishment of Debt Recovery Tribunals (DRTs)
• Deals in cases of debts above ₹ 10 lakh.
• Procedure of filing application before DRT involve :-
Filling of Application
Scrutiny of application by Registrar of DRT
Issue of summons to borrowers
Recovery proceedings
• There are currently 32 DRTs in India in 22 unique locations
DEBT RECOVERY TRIBUNALS
8. Asset Reconstruction Companies
ARC in INDIA:
• Reliance Asset
Reconstruction Company
Limited
• Asset Reconstruction
Company (India) Limited
(ARCIL)
• International Asset
Reconstruction Company
Private Limited
• Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest (SARFAESI) Act.
• Enacted in December 2002
• Provides legal basis for the setting up ARCs in India.
• Securitization: Converting a loan into marketable securities.
• Helps the banks to clean up their balance-sheet.
• Banks saves efforts and time by selling bad assets to ARC’s.
9. Debt Recovery Agents
• Debt Recovery Agents (DRA) are representatives appointed by banks and
lawful debt collection agencies to:
act as their agents
make calls or visit debtors to collect payments on any kind of past due bill
without violating the regulations implemented by RBI.
• Banks are advised that they should ensure that Debt recovery agent are to
be properly trained
• Agents are also advised to maintain privacy of customer.
Popular
DRA:
• ARRMS
(India)
Private
Limited
• Direct
Recovery
Associates
Inc.
• Cedar
Financial
10. IMPORTANT POINTS FOR DEBT RECOVERY
• Don’t violate or breach the recovery policy, procedure etc. prescribed by the principle.
• Don’t exceed the authority given in the recovery arrangement.
• Don’t make a call to the debtor before 07:00 hours or after 21:00 hours.
• Don’t make anonymous calls or bunched calls to the debtor, which may be perceived as
harassment.
• Don’t conceal or misrepresent your identity during calls and visit or other interaction
with the debtor.
• Don’t show uncivil/indecent/dirty behaviour or use such language during calls and visits
to the debtor.
• Don’t harass/humiliate/intimidate/threaten the debtor- verbally or physically.
11. GENERAL GUIDELINES
• Notice to borrower
• Repossession of security
• Valuation and sale of property
• Opportunity for the borrower to take back the security