Agarwal Assignments Private Limited (“Company”)
Fair Practices Code Policy (“Code”) This is with reference to the guidelines issued by the
Reserve
Bank of India on Fair Practice Code for all Non-Banking Financial Companies (NBFCs) vide RBI
circular RBI/2015-16/16 DNBR (PD) CC.No.054/03.10.119/2015-16 dated July 1, 2015.
This Code is aimed to provide to all the stake holders, including but not limited to the
Company’s
customers, an effective overview of the practices followed, in respect of the services
offered by
the Company.
1. The objectives of this Code are:
- To implement and promote industry standard practices in dealing with customers;
- To promote a fair relationship between the customer and the Company and to ensure
fair practice while dealing with customers;
- To provide adequate disclosures on the terms and conditions of a loan to borrowers
including applications for loan, appraisal, disbursement etc.
- To ensure compliance with applicable laws and regulations in matters relating to
recovery of loan amount;
- To ensure compliance with applicable regulations in matters relating to Lending
against collateral of gold jewellery, if any.
- To create and maintain adequate mechanisms for redressal of customer grievances;
2. Definition Clause:
- “Customer” (s) or you or End-Users shall mean any person who accesses, downloads,
uses, views the Platform and the Services.
- “Loan” shall mean the loan that you may apply for through the Platform and which is
sanctioned and granted by LENDER, subject to the applicable terms and conditions of
the Loan Agreement.
- “Loan Agreement” shall mean the loan agreement to be executed between LENDER and the
Customer(s) for granting the Loan whether in physical or electronic form as may be
applicable from time-to-time.
- “Online Stores” shall mean Windows Store, Android Google Play, iOS App store or any
other online store or portal where the App will be made available by the Company to
the End-Users, from time to time.
- “Outstanding Amount”(s) shall mean the Loan, interests and charges due and payable
by you to LENDER, on respective due date(s).
- “Platform” shall mean the App and the Website collectively.
- “Services” shall mean the services of granting, sanctioning, lending of short-term
loans, through the Platform by LENDER.
- “Third Party Platforms” shall mean social networking platforms, such as Facebook,
LinkedIn and other similar platforms.
- “User Data” shall mean any data, information, documents or materials submitted with
the Company prior to or during the use of the Services.
- “Website” shall mean https://www.agarwalassignments.com/ managed and operated by
the Company for the provision of Services.
3. Target Audience
The Fair Practice code and guidelines shall be available in public domain at Company’s
website and
shall also be placed at the notice board of all the offices.
4. Loan Application
- The Company shall provide the borrower the information in vernacular language or a
language as
understood by the borrower, required in relation to the services, so that the
borrower can make a
meaningful comparison with the terms and conditions offered by other NBFCs and make
an informed
decision.
- The Company shall give an acknowledgement of receipt for all loan applications. The
Company shall
endeavour to provide the time frame within which loan applications shall be
processed.
- There will not be discrimination of its customers based on caste, creed, religion,
language and
regions.
- The loan application form shall indicate the list of documents required to be
submitted along with
the application form.
- If any additional details/ documents are required, the same shall be reasonably
intimated to the
customers.
5. Loan Appraisal and Terms & Conditions
- The Company shall convey in writing to the customer in vernacular language or a
language as
understood by the borrower, by means of a sanction letter or any other document, the
amount of loan
sanctioned along with the terms and conditions including applicable rate of interest
and shall
maintain, in its record, the acceptance of these terms and conditions by the
customer.
- All the terms and conditions of the loan, that the pricing of the loan as mentioned
in loan
agreement, that there will be no penalty charged on prepayment of any loan.
- Company shall mention the charges and penal interest charged for late repayment or
prepayment in
bold in the loan agreement to be executed between the customer and the Company.
- Upon the execution of the loan agreement, the Company shall furnish a copy of the
loan agreement
along with a copy of all annexures if any attached to the loan agreement, to the
customer.
- Loan appraisal will adhere to the method of assessing income and repayment capacity
mentioned in
RBI’s directions RBI/DOR/2021-22/89 DoR.FIN.REC. 95/03.10.038/2021-22 dated March
14, 2022.
6. Disbursement of loans including changes in terms and conditions
- The Company shall give (7 working days) notice in the vernacular language or a
language as
understood by the borrower of any change in the terms and conditions – including
disbursement
schedule, interest rates, service charges, prepayment charges etc.
- The Company shall, in the loan agreement to be executed between the Company and the
customer,
ensure that changes in interest rates and charges are effected only prospectively.
- Any decision to recall/accelerate payment or performance under the loan agreement
shall be in
consonance with the respective loan agreement.
- The Company shall, subject to the respective loan agreement, release all securities
pertaining to
the loan on receipt of full and final payment of the loan amount, other than any
legitimate right or
lien, and set-off for any other claim that the Company may have against the
customer. If such right
of set-off is to be exercised, the borrower shall be given notice about the same,
with full
particulars about the remaining claims and the conditions under which the Company is
entitled to
retain the securities until the relevant claim is settled / paid.
7. Interest Charged
- The Company has laid down appropriate internal principles and procedures in
determining interest
rates and processing and other charges.
- The Company would adopt an interest rate model taking into account relevant factors
such as, cost
of funds, margin and risk premium, and determine the rate of interest to be charged
for loans and
advances.
- The rates of interest and the approach for gradation of risks shall also be made
available on the
Company’s website. The information published in the website or otherwise published
should be updated
whenever there is a change in the rates of interest.
- The rate of interest should be an annualized rate so that the customer is aware of
the rates that
would be charged to the account.
8. Grievance Redressal Mechanism
The company has laid the appropriates grievance redressal mechanism within the
organisation to
resolve the disputes arising in this regard. All grievances will be addressed to
designated
officials assigned by the Company. If the customers have any issues or wish to register
a complaint,
they can reach the Company.
9. Non-Coercive Methods of Recovery
- Company will ensure that a Board approved Policy is in place with regard to Code of
Conduct by
field staff and systems for their recruitment, training and supervision. The code
shall lay down
minimum qualification necessary for the field staff and shall have necessary
training tools
identified for them to deal with the customers. Training to field staff shall
include programs to
inculcate appropriate behaviour towards customers without adopting any threatening
or abusive
coercive debt collection/recovery practices/harassing of relatives, friends or
coworkers/publishing
the borrowers name/any sort of violence/any misleading information to the borrower
debt or
consequences of non-repayment. Compensation methods for staff should have more
emphasis on areas of
service and borrower satisfaction than merely the number of loans mobilized and the
rate of
recovery.
- Calling for collection will be held between 9.00 am to 6.00 pm.
- Generally only employees and related party employees and not outsourced recovery
agents be used
for recovery in sensitive areas.
10. General
- The Fair Practice Code in vernacular language shall be displayed in all offices and
branch
premises.
- The minimum/ maximum interest charged and the grievance redressal system shall be
displayed in all
the offices and in the literature issued by the company (in vernacular language) and
on the website.
- The KYC Guidelines of RBI will be complied with. Due diligence shall be carried out
as per the
regulatory framework and company policies to ensure the repayment capacity of the
borrowers.
- Company will take adequate steps may be taken to ensure that the procedure for
application of loan
is not cumbersome and loan disbursements are done as per pre-determined time
structure.
- In case of receipt of request from the customer for transfer of customer account,
the consent or
otherwise i.e. objection of company if any is generally conveyed within 21 days from
the date of
receipt of request. Such transfer will be as per transparent contractual terms in
consonance with
all the applicable laws.