Jalan Chemical Industries

Fair Practice Code​

INTRODUCTION

(Formulated in terns of Chapter VII of the Master Direction — Reserve Bank of India (Non- Banking Financial Company — Scale Based Regulation) Directions, 2023; approved and adopted by the Board of Directors at their meeting held on 31.03.2024)
Our Company, Mls. Jalan Chemical Industries Pvt Ltd, is an Investment and Credit Company “NBFC-ICC”, as defined in Para 5.1.19 of Chapter II of the Master Direction — Reserve Bank o.f India (Non-Banking Financial Company — Seale Based Regulation) Directions, 2023 (“the Directions”) issued by the Reserve Bank of India on 19* October, 2023. The Company is engaged in the business of providing finance by way of making loans and trading/investments in securities.

Para 45.1 of Chapter VH of the Directions inter-alia stipulaies as under:

Applications for loans and their processing

All communications to the borrower shall be in the vernacular language or a language as understood by the borrower.

Loan application forms shall include necessary information which affects the interest of the borrower, so that a meaningful comparison with the terms and conditions offered by other NBFCs can be made and informed decision cen be taken by the borrower. The l0an application form shall indicate the documents required to be submitted with the application form.

NBFCs shall devise a system of given acknowledgement for receipt of all loan applications. Preferablÿ, the time frame within which loan Applications will be disposed öf shall also be indicated in the acknowledgement.

Para 45.2 of Chapter VH of the Directions inter-alia stipulates as under:

Loan appruiaal and terme/conditions

NBFCs shall convey in writing to the borrower in the vernacular language as understood by the borrower by means of sanction letter or otherwise, the amount of loan sanctioned along with the terms and conditions including annualized rate . of interest and method of application thereof and keep the acceptance of these terms and conditions by the borrower on its record. As complaints received against NBFCs generally pertain to charging of high interest / penal interest, NBFCs shall mention the penal interest charged for late repayment in bold in the loan agreement.

Borrowers may not be fully aware of the terms and conditions of the loans including mte of interest at the time of sanction of loans, either because the NBFC does not provide details of the same or the borrower has no time to look into detailed agreement. Not furnishing a copy . of the loan agreement or enclosures quoted in the loan agreement is an unfair practice and this could lead to disputes between the NBFC and the borrower with regard to the terms and conditions. NBFCs, shall furnish a copy of the loan agreement as understood by the borrower aiong with a copy each of all enclosures quoted in the loan agreement to all the borrowers at the time of sanction / disbursement of loans.

Para 45.3 of Chaptes VII of the Directions inter-alia stipulates as under:

Penal charges in loan accounts

Penalty, if charged, for non-compliance of material terms and conditions of loan contract by the borrower shall be treated as ‘penal charges’ and shall not be levied in the form of ‘penal interest’ that is added to the rate of interest charged on the advaneei. There shall be no capitalisation of penal charges i.e., no further interest computed on such charges. However, this will not affect the normal procedures for GOmpounding of interest in the loan account.

The quantum and reason for penai charges shall be clearly disclosed by NBFCs to the customers in the loan agreement and most important terms & conditions/Key Fact Statement (KFS) as, in addition to being displayed on websites of NBFCs under Interest rates and Service Charges.

The instructions in paragraph 45.3 shall be implemented in respect of all the fresh loans availed from April 01, 2024 onwards. N8FCs may carry out appropriate revisions in their policy framework and ensure implementation of the instructions in respect of all the fresh loans availed/ renewed from the effective date. In the case of existing loans, the switchover to new penal charges regime shall be ensured on next review or renewal date falling on or after April 01, 2024, but not later than June 30, 2024.

NBFCs shall formulate a Board approved policy on penal charges or similar charges on loans, by whatever name called.

The penal charges in case of loans sanctioned to ‘individual borrowers, for purposes other than businesses, shall not be higher than ttte penal charges to nonindividual borrowers for similar non-compliance of material terms and conditions.

NBFCs shall not introduce any additional composent to the rate of interest and ensure compliance to thèse guidelines in both letter and spirit.

NBFCs shall not introduce any additional composent to the rate of interest and ensure compliance to thèse guidelines in both letter and spirit.

Wlienever reminders for non-cl rñäÏeéialt and eonditions”of oan are sert to borrowers, the penal charges shall be communicated. Further, any instance of levy of penal charges and the reason thetefor shall also be communicated.

Para 45.4 of Chapter VH of the Directions irtter-alia stipulates as under

Dübarseeient of loans includitie changes in terins and conditions

NBFCs shall give notice to the borrower 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. NBFCs shall also ensure that changes in interest rates and charges are affected only prospectively. A suitable oondition in this regard must be incorporated in the loan agreement.

Decision to recall/ accelemte payment or performance under the agreement shall be in consonaoce with the loaa agTeeoient.

NBFCs shall release all securities on repayment of all dues or on realisation of the outstanding amount of loan subject to any legitimate right or lien for any other claim they may have against borrower. 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 NBFCs are entitled to retain the securities till the relevant claim is settled/ paid.

Para 45.7 of Chapter VH of the Directions inter-alia stipulates as under:

General

NBFCs shah refrain from interference in the affairs of the borrower except for the puiposes ‘ provided in the terms and conditions of the loan agreement (uniess informatiòn, not earlier disclosed by the borrower, has been noticed).

In case of receipt of request from the borrower for transfer of borrowai account, the consent or otherwise i.e., objection of the NBPC, if any, shall be conveyed within 21 days from the date of receipt of request. Such transfer shall be as per tmnsparent contractual terms in consonance with law.

In the matter of recovery of loans, an NBFC shail not resort to undue harassment viz., persistently bothering the borrowers at odd hours, use muscle power for recovery of loans etc. As complaints from customers also include rude behaviour from the staff of the companies, NBPC shall ensure that the staffs are adequately tmined to deal with the customers in an appropriate manner.

As a measure of customer protection and also in order to bring in uniformity with regard to prepayment of various loans by borrowers of hanhs and NBFCg HBFCs shall not charge foreclóaure nbatgos/ preuat jpg yy purpòses othtr than business to ind F b Vers, without co-obligants

Para 45.8 of Chapter VH of the Directions inter-alia stipulates as under:

Respoasibilify of Board of Directors

The Board of Directors of NBFCs shall also lay down the appropriate grievance redressal mechanism within the organization. Such a mechanism shall ensure that alf disputes arising ’ out of the decisions of lending institutions' functionaries are heard and disposed of at least at the next higher level.

The Board of Directors shall also provide for periodical review of the compliance of the Fair Practices Code and the functioning of the grievances redressal mechanism at various levels of management. A consolidakd report of such reviews shall be submitted to the Board at regular intervals, as may be prescribed by it.

Para 45.9 Of Chapter VH of the Directions inter-alta stipnlates as under:

Reserve Bank — Inteerated Ombodsman Scheme, 2021:

NBFCs covered under the Reserve Bank – Integrated Ombudsman Scheme, 2021 shall comply with the directions provided under the said Scheme.

Para 45.10 of Chapter VH of the Directions inter-alia stipulates as under:

Language and mode of communicating Fair Practice Cofie

Fair Practices Code (which shall preferably be in the vernacular language or a language as understood by the borrower) bssed on the guidelines outlined hereinabove shall be put in place by all NBFCs with the approval of their Boards. NBFCs will have the fi&dorn of draBing the Fair Pmctices Code, enhancing the scope of the guidelines but in no way sacrificing the spirit underlying the above guidelines. The same shall be put up on their web-site, for the information of various stakeholders. .

Para 45.11 of Chapter VH of the Directions inter-alia stipulates as under:

Regulation of excessive interest charged by NBFC

As a measure of customer protection and also in order to bring in uniformity with regard to prepayment of various loans by borrowers of hanhs and NBFCg HBFCs shall not charge foreclóaure nbatgos/ preuat jpg yy purpòses othtr than business to ind F b Vers, without co-obligants

The rates of interest and the approach for dation of risks shall also be made available on the website of the companies or published in the relevant newspapers. The information published in the website or otherwise published shall be updated whenever there is a change in the rates of interest

The rate of interest must be annualized rate so that the borrower is aware of the exact rates that would be charged to the account.

Para 45.12 of Chapter VH of the Directions inter-alia stipulates as under:

Complaints about excessive interest charged by NBFCs

The Reserve Bank has been receiving several complaints regarding levying of excessive interest and charges on certain loans and advances by NBFC. Though interest rates are not regulated by the Reserve Bank, rates of interest beyond a certain level may be seen to be excessive and can neither be sustainable nor be conforming to normal financial practice.

Boards of NBFCs shall ley out appropriate internal principles and procedures in determining interest rates and processing and other charges. In this regard the directions in the Fair Practices Code about transparency in mspect of terms and conditions of the loans arc to be kept in view.

Para 45.13 of Chapter VII of the Directions inter-alia stipulates as under:

Repossession of vehicles financed by NBFCs

NBFCs must have a built in re-possession clause in the contract/ioan agreement with the borrower which must be legally enforceable. To ensure tmnsparency, the terms and conditions of the contract/loan agreement shall also contain provisions regarding:

(i) notice period before taking possession;
(ii) circumstances under which the notice period can be waived;
(iii) the procedure for taking possession of the security;
(iv) a provision mgarding final chance to be given to the borrower for repayment of loan
before the sale / auction of the property;
(v) the procedure for giving repossession to the borrower; and
(vi) the procedure for sale / auction of the property.

A copy of such terms and conditions must be made available to the borrower. NBFCs shall invariably furnish a copy of the loan agreement along with a copy each of all enclosures quoted in the loan agreement to all the borrowers at the time of sanctiñn / disbursement of loans, which forms a key eomponent of such contracts/loan agreements.

Para 87.2.6 of Chapter.IX of the Directions inter-alia stipulates as under:

Coasumer Education on SñfA/NP1:

With a view to increasing awareness among the borrowers, lending institutions shall place consumer education literature on their websites, explaining with examples, the concepts of date of overdue, SMA and NPA classification and upgradation, with specific reference to day-end process. NBFCs shall also consider displaying such consumer education literature in their branches by means of posters and/or other appropriate media. Further, it shall also be ensured that their front-line officers educate borrowers about all these concepts, with respect to loans availed by them, at the time of sanction/disbursal/renewal of loans.

Having regards to the above directions and other regulations, the Company has framed this policy.
Sitort title, Esteat aad Coasmeacezoeat This Code may be called the Fair Practices C9de.

lt ‘° •* < n in relation to any and all kinds of activities involving credit and Nuance, in any makeover. The
Fair Practices Code is aimed to proYide to the customers effective overview of practices, which will be followed by the Company in respect of the financial facilities and services offered by the Company to its customers. The Code will facilitate the customers to take informed decisions in respect of the financial facilities and services to be availed by them and will apply to any loan that the Company may sanction and disburse.

Objectives of Fair Practices Code

To ensure transparency in the Company's dealings witii its Customers

To ensure compliance with legal norms in matters relating to recovery of advances

To strengthen mechanisms for tedressal of customer grievances.

To promote good, fair and tnistworthy practices by setting minimum standards in dealing with the customers;

To encourage market fomes, through competition, to achieve higher operating standards;

Our hey Coauaitaieots aad Declarations

We shall act efficiently, fairly and diligently in our dealings with all our customers by:

Meeting the commitments and standards in this Fair Practices Code for the financial products and services, we offer, and the procedures and practices our staff follow;

Ensuring that all the financial services meet relevant laws and regulations;

Providing professional, courteous and speedy services;

Providing accurate and timely disclosure of terms and conditions, costs, rights and liabilities as regards financial transactions.

We shall help the customer understand how our fmancial products and services work by:

Giving verbal information about the financial schemes in Hindi ańd/or English and/or local vemacular language as understood by the borrower;

Ensuring that our advertising & proinotional literature is clear and is not misleading;

Explaining finanĆial implications of the transactions;

Helping the customer to choose the financial scheme.

We shall deal quickly and proactively with things that go wrong by:

Correcting mistakes quickly;

Attending customer complaints quickly;

Telling our customers how to take their complaint forward if the customers are still not satisfied with our assistance;

Reversing any charges that we apply due to our mistake.

Non-Discriminatioa Policy

 

We will not discriminate between our customers on the basis of gender, race or religion

Deiiuitiong 

For the purpose of the Code, tiu words Apęticatiss toru sball menu an applicetion in the

prospective Customer furnishing all information and particulars required therein in their true and original forms seeking grant of a Facility from the Company on certain specified terms and conditions as may & stipulated by the Company at its sole discretion.

Facilities shall mean and cover any and all types of financing and asset providing arrangements of different nature and modes like loan, hire purchase, finance lease, etc. and Other words and expressions used and not defined in the Codes herein shall have, unless the context otherwise requires, the meaning respectively assigned to them in the relevant Agmement sighed / to be signed and executed by the Customer for availment of a Facility sanctioned to him by the Company.

Fnir Practices Code

  • Applications for facilities and their processing
    1. All communications to the borrower shall be in English or the language as understood by the
    2. Facility application forms shall include necessary information which affects the interest of the borrower, so that a meaningful comparison with the terms and conditions offered by other NBFCs can be made and informed decision can be taken by the Documents enquired to be submitted with the application form shall be mentioned in the form.
    3. e) Acknowledgement receipt of all facility applications to be issued with indicative time frame for

(ii) Loan appraisal and terms/toaditioas.

  1. The company will convey in writing to the borrower in English or the language as understood by the borrower by means of sanction letter or otherwise, the amount of loan facility sanctioned along with terms and conditions including annualized rate of interest and method of application The Company shall keep the acceptance of these term and conditions by the borrower on its record. The company shall mention the penal charges charged for non-compliance of material terms of contract and shall be mentioned in bold in the loan agreement.
  2. A copy of the facility agreement as understood by the borrower along with a copy each of all enclosures quoted in the facility agreement shall be furnished to all the borrowers at the time of sanction / disbursement of
  3. The company shall provide information to borrowers with examples the concept of date of overdue, SMA and NPA classification and upgmdation of accounts, etc in the loan

(iii) Communication of rejection of Loan Application   If the company is not in position to provide the loan to the customer, then the company shall eommunicate in whiting the reason(s) for

(iv) Disbursement of loans including changes in terms and conditions

  1. The company shall disbune the loans in accordance with the disbursement request made by the customer or the disbursement schedule given in the Loan Agreement/ Sanetion Lener
  2. Notice to the borrower of any change in the terms and conditions including disbursement schedule, interest rates, processing charges, prepayment charges, etc shall be furnished in English or the language as understood by the Any changes are affected only prmpectively. A suitable condition in this regard shall be

,                          incorporated in the loan agreement.

  1. If such change is to the disgdveojage of the cvstoate’r, hc/sbc cial within 6£i days and

without m›ticc close tits her’                            U            ‘ ‘                             -extm                – charges or interest.

  1. Decision to recall / accelerate payment or performance under the agreement or seeking additional securities shall be in consonance with the facility
  2. The Company shall release all securities on repayment of all dues or on realization of the outstanding amount of the facility subject to any legitimate right or lien for any other claim may have against 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 till the relevant claim is settled/ paid.

When a person intends to be Guarantor for a loan, he / she shall be informed about:

  1. His / her liability as guamntor
  2. The amount of liability he / she will be committing himself / herself to the Company
  3. Circumstances in which we will call on him / her to pay up his / her liability
  4. Whether his / her liabilities as a guarantor are limited to a specific quantum or are they unlimited
  5. time and circumstances in which his / her liabilities as a guarantor will be discharged as also the manner in which we will notify him / her about this; we shall keep him / her informed of any material adverse change/s in the financial position of the customer for whom he / she stands as a

In case of Letter of Comfort and / or the guarantees furnished by the companies, within the Group companies on behalf of the wilfully defaulting units, are not honored when invoked by the Company, such companies will also be reckoned as wilful defaulter(s).

Privacy ana coniideniiaiiiy

The company shall treat all personal information of customers as private and confidential [even when the customers are no longer customers], and shall be guided by the following principles and policies. The company shall not reveal information’ or data relating to customer accounts, whether provided by the customers or otherwise, to anyone, including other companies / entities in the group, other than in the following exceptional cases:

  1. If the information is to be given by
  2. If there is a duty towards the public to reveal the
  3. If the company’s interests requires to give the information (for example, to prevent fraud) but it should not be used as a reason for giving information about customer or customer’s accounts [including customer name and address] to anyone else, including other companies in the group, for marketing
  4. If the customer asks to reveal the information, or with the customer’s
  5. lf asked to give a reference about a customer, the company shall obtain his / her written pemiission before giving
  6. The customer lhall be informed the extent of his / her rights under the existing legal framework for accessing the personal records that the company hold about him /
  7. The company shall not use customer’s personal information for marketing purposes by anyone including tbe company unless the customer specifically authorizes the company to do

(vii) Collection of Dues

  1. Whenever loans are given, the company shall explain to the customer the repayment process by way of amount, tenure and periodicity of However, if the custommrdoesnotedhoreto oombtmoBmdu ade6oodgmcess Cuaccordencewil the lass.of.the tied shellTe               aFditm. That i gplr reminding the customer by sending him / her notice or by making personal visits and / or repossession of security, if any.
  • The Company’s collection policy is built on courtesy, fair treatment and The Company believes in fostering customer confidence and long-term relationship. The Company’s staff or any person authorized to represent the Company in collection of dues or / and security repossession shall identify himself / herself and display the authority letter issued by the company and upon request, display his / her identity card issued by the Company or under authority of the Company. The Company shall provide customers with all the information regarding dues and shall endeavour to give sufficierit notice for payment of dues
  1. All the members of the staff or any person authorized to represent the company in collection and / or security repossession shall follow the guidelines set out below:
    • Customer would be contacted ordinarily at the place of his / her choice and in the absence of any specified place at the place of his / her residence and if unavailable at his / her residence, at the place of business /
    • Identity and authority to represent the Company shall be made known to the customer at the first
    • Customer’s privacy should be
    • Interaction with the customer shall be in a civil
    • The Company’s representatives shall contact the customers between 1000 hrs and 1900 hrs, unless the special cimwnstances of the eustomer’s business or occupation require
    • Customer’s request to avoid calls at a particular time or at a particular place shall be honored, as far as
    • Time and number of talls and contents of conversation would be
  • All assistance should be given to resolYe disputes or differences regarding dues in a mutually acceptable and in an orderly
  • During visits to customer’s place for dues collection, decency and decorum shall
  • Inappropriate occasions such as bereavement in the family or such other calamitous occasions should be avoided for making calls / visits to collect

(viii) General

  1. The Company shall refrain from interference in the affairs of the borrower except for the purposes prpvided in the terms and conditions of the facility agreement (unless new information, not earlier disclosed by the borrower, has come to the notice of the Company).
  2. In case of receipt of request from tlu borrower for transfer of borrowal account, the consent or otherwise e. objection of the Company, if any, the Company shall convey within 21 days from the date of receipt of mquest. Such transfer shall be as per

transparent contractual terms in consonance with law.                                                                                                                                             •

  1. In the matter of recovery of facilities, the Company shall not resort to undue harassment persistently bothering the borrowers at odd hours, use of muscle power for recovery of facility, etc. The staffi are adequately trained to deal with the customers in an appropriate manner.
  2. No foreclosure charges/ pre-payment penalties on all floating rate term loans sanctioned to individual borrowers are charged to the
  3. The Company shall verify the details mentioned by the customer in the loan application by contacting him/her at hislher residence and / or on business telephone numbers and / or physically visiting his/her residence and/or business addresses through agencies appointed for this purpose, if deemed necessary by the
  4. I) The citstomer is expected to co-operate if the Company needs to investigate a transaction on the ctistomer’s accoimt and with the police/ other investigative agencies, if the Company needs to trrvolve

g If the ‹    » set                                          to                    n» o  lv

account and if the customer acts without reasonable care and this causes losses, the customer may be responsible for the same.

  1. h) The Company shall give customers information about Company’s products and services in Hindi, English or the appropriate local language, if requested

(ix) Grievance Redreasnl Mechanism

  1. The Company has laid down the appropriate grievance redressal mechanism within the organization to resolve disputes arising in this Such a mechanism ensures that all disputes arising out of the deeistons of die functionaries are heard and disposed of at least at the next higher level.
  2. The Board shall periodlcal review the compliance of the Fair Practices Code and the functioning of the grievances redrcssal A consolidated report of such reviews shall be submitted to the Board of Directors at regular intervals, as may be prescribed by it.
  3. Response to a complaint would be given within a maximum period of one month from the date of complaint, unless the nature of complaint requires verification of voluminous facts and
  4. Contact details of Grievance Redressal Officer is as under : Sandip Majumdar

Phone no. 033-6646 1500

E-mail id: grievance@jacipl.com

  1. If the complaint/dispute is not redressed within a period of one month, the customer may appeal to the Officer- in Charge , Department of Non Banking Supervision, 5th Floor, Reserve Bank of India, 15, Netaji Subhas Road, Kolkata 700 001, Tel:

+91 33 2231 2121, Fax: +91 33 2230 9589.

  • Regulation of excessive Interest charged by NBFCs from the horrower
    1. The Company has laid out appropriate internal principles and procedures in determining interest rates and processing and other
    2. The Company has adopted an interest rate model taking into account relevant factors such as, margin and risk premium, etc and determined the rate of interest to be charged for facilities and The rate of interest and the approach for gradations of risk and rationale for charging different rate of interest to different categories of borrowers shall be communicated explicitly in the sanction lttter which is followed in the Company.
    3. The rate of interest to be charged to the account will also be mentioned in annualized

form.

(xi) Complaints about ixeeasive interest charged by NBFCs

The company has laid down appropriate internal principles and procedures in dmermining interest rated and processing and other charges. In this regard the guidelines indicated in the Pair Practices Code ahout transparency in respect of terms and conditions of the loans are kept in view.

possession of vehicles financed by NBFCs

  1. The Company have a built in re-possession clause in the contract/loan agreement with the borrower which must be legally To ensure transparency, the terms and conditions of tire contiacfioan a cement shall also contain provisions regarding:
  • Notice period before taking possession;
  • Circumstances under which the notice period can be waived;
  • The procedure for taking possession of the security;
  • A provision regarding final chance to be given to the borrower for repayment of loan before the sale / auction of the property;
  • The procedure for giving repossession to the borrower; and
  • The procedure for sale / auction of the
  1. A copy of such terms and conditions must be made available to the NBFCs shall invariably furnish a copy of the loan agreement along with a copy each of all enclosures quoted in the loan agreement to all the borrowers at the time of sanction / disbursement of loans, whieh forms a key component of such contracts/loan agreements.

The Board of Directors of the Company shall review the Code and its implementation from time Ie time based on its own experience and fresh guidelines, if any, issued by the RBI in this regard.