Fair Practice Code
The Reserve Bank of India (RBI) has issued guidelines on Fair Practices Code for Non- Banking Financial
Companies (NBFCs) thereby setting standards for fair business and corporate practices while dealing with
their customers. Mount Shikhar Financial Services Limited (“the Company”)
hereby furnishes the Fair Practices Code (“the FPC”) based on the guidelines issued by the
RBI. The Company shall also make appropriate modifications in the FPC from time to time to confirm to
the standards that may be prescribed by RBI from time to time. Considering the nature of business of the
Company, it is proposed to establish the following as the Fair Practices Code for the Company’s
lending activities.
Based on the current business of the Company, the Fair Practices Code shall apply to the following
categories of products and services offered by the Company.
- Business Loan
- Personal Loan
Commitments made in the FPC are applicable under normal operating environment.
KEY OBJECTIVES
The key objectives of putting in place the FPC are as follows.
- To act fairly and reasonably in all the dealings with borrowers by ensuring that:
- The Company’s products, services, procedures and practices will meet the broad
requirements and standards in the FPC;
- The Company’s products and services will be in accordance with relevant laws and
regulations as applicable for the time being in force;
- The Company’s dealings with its borrowers will rest on ethical principles of honesty,
integrity and transparency.
- The Company will assist its customers in understanding as to what are the broad features of its
financial products and services and what are the benefits and risks involved in availing the same by
- Providing information about the products and services in simple manner;
- Explaining the financial implications of using the products and services.
- The Company will make every attempt to ensure that its customers would have trouble- free experience
in dealing with it. However, in case of error of commission and/or omissions, it shall:
- Deal with the errors promptly and effectively
- Deal with the Grievances redressal in a quick and efficient manner and to the satisfaction of
the customers;
- Promptly handle Complaints;
- Have Escalation process, in the event of dissatisfaction of the borrower in handling his
complaint(s);
APPLICABILITY OF FAIR PRACTICE CODE
The FPC will be applicable to the following broad areas:
- Loan applications and processing thereof
- Loan appraisal and terms/conditions
- Disbursement of loans including changes, if any, in terms and condition.
- Post disbursement supervision/monitoring
- Other general provisions
Loan application cum agreement form and processing thereof
- Loan Application Forms may be made available to the prospective borrowers on request.
- Loan application will, inter alia, include the broad features and the terms and conditions
governing the loan. This would enable the borrowers to take an informed decision by
comparing and analyzing the terms offered by the Company with other lenders in the market.
The said Form shall also specify the documents required to be submitted by the borrowers.
- All communication with the borrowers shall in the language understood and confirmed by
borrowers.
Loan appraisal and terms/conditions
- The Company shall consider all the loan applications keeping in mind the risk based
assessment procedures adopted by it.
- The Company, before sanctioning the loan, would assess the ability of the borrowers to repay
the loan.
- Loan application cum agreement form shall be made available to the borrower at the time of
loan application. The borrowers shall give their acknowledgement in writing in token of
their acceptance of terms and conditions governing the loan. The Loan application cum
agreement form shall contain the broad terms and conditions governing the loan including the
annualized rate of interest and method of application thereof.
- A copy of the loan documents including loan agreement and annexure thereof shall be made
available to the borrower.
Disbursement of loans including changes in terms and conditions
- Disbursement of amount of loans sanctioned may be made available to the borrowers on demand
subject to completion of all formalities including execution of loan documents.
- Change in the interest rates and service charges shall be made applicable prospectively. The
loan agreement shall contain a specific clause in this regard.
Post Disbursement Supervision
- The decision, if any, of the Company to recall/accelerate payment or performance of loan
shall be in accordance with the terms and conditions of the Loan Agreement.
- The Company shall give reasonable time to the borrowers before recall the loan or asking for
accelerating the payment or performance subject to the terms and conditions contained in the
Loan Agreement and other related documents.
Other General Provisions
- The Company shall refrain from interfering in the affairs of the borrowers except as
provided in the terms and conditions governing the loan as contained in the loan documents
(unless new information, not earlier disclosed by the borrower, has come to its notice).
- The Company shall generally convey its consent within a reasonable period of time to all
requests from the borrower to transfer the loan account of a particular borrower to other
NBFC, bank or financial institution. Such transfer shall be in accordance with the
contractual terms entered into with the borrower and in accordance with the statutes, rules,
regulations and guidelines as may be applicable from time to time.
- The Company shall not discriminate on the grounds of gender, caste or religion in its
lending policy and activities.
- In the case of recovery of loans, the Company shall resort to the usual measures, which are
legally and legitimately available to it and as per laid down guidelines and extent
provisions and shall operate within the legal framework.
- The Company shall provide the terms and conditions in respect of its lending activities or
services whenever the borrower requests for the same.
- On request from borrower for closure of his loan account, the request will be executed
within 21 days from receipt thereof request subject to clearance of pending dues and
completion of all the formalities as prescribed by the Company. In case the request cannot
be executed in the time frame stated above due to any reason, the same may be communicated
to the borrower.
CONFIDENTIALITY
- Unless authorized by the borrower, the Company will treat all his personal information as
private and confidential.
- The Company may not reveal transaction details of the borrowers to any other persons except
under following circumstances:
- If the Company is required to provide the information to any statutory or regulatory body or
bodies;
- If arising out of a duty to the public to reveal the information;
- If it is in the interest of the borrowers to provide such information (e.g. fraud prevention);
- If the borrower has authorized the Company to provide such information to its group / associate
/entities or companies or any such person/ entity as specifically agreed
upon;
COMPLAINTS
In case of any complaint/grievances of the borrowers, the same shall be intimated by them in writing to
the Grievance Redressal Officer. The Grievance Redressal Officer shall immediately make all efforts to
redress the grievances. The concerned employees shall guide the borrowers who wish to lodge a complaint.
GRIEVANCE REDRESSAL MECHANISM
The Company has provided for three tier Grievance Redressal Mechanism to resolve any of its customers
query / grievance.
Name
|
Email ID
|
Address
|
Turn Around Time
|
Mr. Ashish Kumar Singh
|
grievance@mountshikhar.com
|
101 IJS, X/320, Delhi Gate Bazar, Asaf Ali Road, New Delhi- 110002
|
Nodal Officer shall endeavor to resolve the complaint within 7 working days from receipt of
grievance.
|
FORCE MAJEURE
The various commitments outlined and made by the Company shall be applicable under the normal operating
environment. In the event of any Force Majeure circumstances, the Company may not be able to fulfill the
objectives under the FPC to the entire satisfaction of the borrowers, the stakeholders and the public in
general.