HDFC Bank to refund GPS device commission to auto loan customers

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Private sector lender HDFC Bank has said it will be refunding the GPS device commission to auto loan customers who availed of such device as a part of the auto loan funding during fiscal years 2013-14 to fiscal year 2019-20.

“The refund will be credited to the customer’s repayment bank account registered with the bank,” HDFC Bank said in a public notice in a newspaper on Thursday.

The bank has been in the midst of a controversy over alleged mis-selling of GPS devices to its auto loan customers.

Reserve Bank of India had on May 28 imposed a monetary penalty of ₹10 crore on HDFC Bank. This came after the central bank found irregularities based on a whistleblower complaint in the bank’s auto loan portfolio.

An examination of documents in the matter of marketing and sale of third-party non-financial products to the bank’s customers, arising from a whistleblower complaint to RBI regarding irregularities in the auto loan portfolio of the bank, revealed contravention of the provisions of the Act and the regulatory directions, the RBI had said.

HDFC Bank had last year conducted an internal investigation into allegations that customers of its car loans were being given GPS devices without their knowledge. The allegations had initially come up on social media.

The lender’s former Managing Director and CEO Aditya Puri at the annual general meeting on July 18 last year had confirmed that the bank conducted an inquiry into vehicle loans and appropriate action has been taken against employees involved in the misconduct.

The incident had also led to the exit of a number of executives from the bank. The cost of the device is understood to be about ₹18,000.

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RBI imposes Rs 2 lakh penalty on Dhrangadhra People’s Co-op Bank, BFSI News, ET BFSI

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The Reserve Bank of India (RBI) on Tuesday imposed a penalty of Rs 2 lakh on Dhrangadhra People‘s Co-operative Bank, Surendranagar, Gujarat, for non-compliance with certain norms. The RBI said the penalty has been imposed for non-compliance with RBI directions on ‘Placement of Deposits with Other Banks by Primary (Urban) Co-operative Banks (UCBs)’ and ‘Depositor Education and Awareness Fund Scheme 2014’.

Giving details, the RBI said the statutory inspection of the bank conducted by it with reference to the bank’s financial position as on March 31, 2018, and the inspection report thereto, revealed, inter alia, non-compliance with the directions.

Subsequently, a notice was issued to the Dhrangadhra People’s Co-operative Bank.

“After considering the bank’s reply to the notice and oral submissions made during the personal hearing, the RBI came to the conclusion that the aforesaid charges were substantiated and warranted imposition of monetary penalty,” the RBI said.

The central bank added that the penalty is based on deficiencies in regulatory compliance and is not intended to pronounce upon the validity of any transaction or agreement entered into by the bank with its customers.



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Kudva to move SAT against SEBI order

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Vivek Kudva, Head of Franklin Templeton Asia Pacific, plans to move the Securities Appellate Tribunal against the Sebi order levying a penalty of ₹7 crore on him and his wife besides ordering him to transfer ₹31 crore realised by redeeming just before the six debt schemes were suspended from trading.

Kudva has claimed that he has already set aside the proceeds from the sale of units and will not enjoy more than what other investors in the scheme get after the closure of the schemes. This apart, Sebi has also banned Kudva from accessing capital market for one year.

Also read: Franklin AMC to return ₹460-cr advisory fees

“I have the highest regard for SEBI. However, I am reviewing the order and considering appropriate next steps which may include filing an appeal before the Securities Appellate Tribunal,” said Kudva in a statement on Tuesday. “I have always acted in accordance with Sebi regulations, including in this instance. My personal transactions in the two schemes (under winding-up) have been conducted in good faith and with no intent to gain unfair benefit,” he added.

As stated in the SEBI order, he said “I had already placed myself in a similar position as investors in April 2020 and the proceeds of the redemptions were voluntarily set aside such that I and my family will ultimately receive no more than the investors remaining in the Schemes.” My interests therefore remain fully aligned with outcomes that investors in the two schemes under winding up will have, said Kudva.

Emphasis on compliance

Meanwhile, a Franklin Templeton spokesperson said the fund house has placed great emphasis on compliance and have policies in place to cover a variety of matters including personal transactions of employees and managing conflicts of interest, consistent with applicable regulations and global best practices.

The schemes under winding up continue to have significant investments from employees and management, as well as from the asset management company and other group companies of Franklin Templeton, he said.

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Covid-19: Depositors’ body seeks suspension of penalty on premature FD withdrawal

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The All India Bank Depositors’ Association (AIBDA) wants the Reserve Bank of India (RBI) to direct banks to suspend penalty charges on premature withdrawal of Fixed Deposits (FDs) in view of the Covid-19 pandemic.

In its “Addendum to Memorandum to the Reserve Bank of India,” the AIBDA observed that many depositors are under compulsion to prematurely withdrawal their savings to defray the excessive medical bills for treatment of Covid virus and many have lost their jobs.

Hence, the association requested the RBI for a moratorium on penalty charges for premature deposit withdrawal up to ₹5 lakh.

AIBDA underscored that this request is in light of the accommodation given (with respect to moratorium on loan repayments and resolution framework) to small borrowers, MSME loans up to a given limit.

Depositors need relief

“When borrowers are accommodated then why is there no relief for bank depositors – it is unfair and iniquitous.

“This has become of paramount importance in the current pandemic scenario with unemployment, economic uncertainties, health concerns and unexpected expenses,” said DG Kale, President, and Amitha Sehgal, Honorary Secretary, AIBDA.

The association’s office bearers emphasised that many sections of the society depend on FD interest income as a primary source of income.

“It is only in case of extreme necessity/ emergency that a depositor may withdraw the FD prematurely. It is unfortunate that if they need to break the FD receipt, they also have to forego a part of their income as ‘penalty’,” said Kale and Sehgal.

From the long-term perspective, AIBDA urged the RBI to nudge banks to have a more reasonable penalty structure, that is responsive to the current predicament faced by depositors.

The association said while FD rates are currently hovering at around 4 to 5 per cent per annum, the premature withdrawal penalty can be nearly 0.50 to 1 per cent per annum.

Earlier the FD rates used to hover around 7-8.50 per cent. According to AIBDA’s calculation, the penalty of 1 per cent was reducing the return by approximately by 12 per cent (1 per cent divided by 8 per cent).

Currently, FD rates are hovering around 4 to 5 per cent. The penalty of 1 per cent will bring the return down by 20 per cent (1 per cent divided by 5 per cent).

Unfair to depositors

“This is unfair to depositors. In the best interests of retail/ small depositors and in the light of the current falling interest rate scenario, the existing policy related to penalty on premature withdrawal needs a review,” said the AIBDA office bearers.

AIBDA reiterated its concern that retail depositors are likely to be lured by riskier financial assets to improve on the rate of return on their savings.

Against the backdrop of the impending turbulence and uncertainty in the financial market and a likelihood of stress in the banking/ NBFC/ corporate sector, it is important to take care of this risk, it added.

The association emphasised on the need for some calibration in penalty, linking it to absolute percentage return so that retail depositors are able to meet their objective of generating suitable return from this banking product.

It suggested that the penalty may be linked with the value of the FD, with small value FDs having nil or lower penalty structure.

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RBI imposes Rs 10 crore penalty on HDFC Bank over irregularity in Auto loans, BFSI News, ET BFSI

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The Reserve Bank of India has imposed Rs 10 crore penalty on HDFC Bank after the central bank found irregularity in the bank’s auto loan portfolio.

RBI said in a release, “This action is based on deficiencies in regulatory compliance and is not intended to pronounce upon the validity of any transaction or agreement entered into by the bank with its customers.”

A whistle blower complaint led to RBI examining the documents in the matter of marketing and sale of third party non-financial products to the bank’s customers in the auto loan portfolio which is in contravention of the afore-said provision of the act and the regulatory directions.

RBI said, “In furtherance to the same, a notice was issued to the bank advising it to show cause as to why penalty should not be imposed for contravention of the provisions of the Act/directions.”

The RBI added, “After considering the bank’s reply to the show cause notice, oral submissions made during the personal hearing and examination of further clarifications/documents furnished by the bank, RBI came to the conclusion that the aforesaid charge of contravention of provisions of the Act was substantiated and warranted imposition of monetary penalty.”

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RBI imposes ₹25.50 lakh penalty on Jaipur-based Jumbo Finvest (India) Ltd

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The Reserve Bank of India (RBI) has imposed a monetary penalty of ₹25.50 lakh on Jumbo Finvest (India) Ltd, Jaipur, for non-compliance with provisions of two of its directions.

RBI, in a statement, said the monetary penalty has been imposed for non-compliance with certain provisions of its directions contained in ‘Non-Banking Financial Company – Systemically Important Non-Deposit taking Company and Deposit taking Company (Reserve Bank) Directions, 2016’ and ‘Reserve Bank of India, Know Your Customer (KYC) Directions, 2016’.

“This penalty has been imposed in exercise of powers vested in RBI under the provisions of…the Reserve Bank of India Act, 1934, taking into account the failure of the company to adhere to the aforesaid directions issued by RBI,” the statement said.

The action is based on deficiencies in regulatory compliance and is not intended to pronounce upon the validity of any transaction or agreement entered into by the company with its customers, it added.

The central bank observed that the statutory inspection of Jumbo Finvest (India) with reference to its financial position as on March 31, 2019, revealed, inter alia, non-compliance with above mentioned directions issued by RBI.

In furtherance to the same, RBI said a notice was issued to the company advising it to show cause as to why penalty should not be imposed for failure to comply with the directions issued by RBI.

“After considering the company’s reply to the notice, RBI came to the conclusion that the charge of non-compliance with aforesaid RBI directions was substantiated and warranted imposition of monetary penalty,” the central bank added.

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RBI imposes Rs 3 crore penalty on ICICI Bank, BFSI News, ET BFSI

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A penalty of Rs 3 crore has been imposed on ICICI Bank Ltd for contravention of certain directions, the Reserve Bank of India said on Monday.

The RBI has imposed a monetary penalty of Rs 3 crore on ICICI Bank for “contravention of certain directions issued by the RBI contained in Master Circular on ‘Prudential Norms for Classification, Valuation and Operation of Investment Portfolio by Banks’ dated July 1, 2015”, the central bank said in a statement.

It, however, added the action is based on the deficiencies in regulatory compliance and is not intended to pronounce upon the validity of any transaction or agreement entered into by the bank with its customers.

Giving details, the RBI said an examination of correspondence in the matter of shifting of securities from one category to another revealed, inter alia, contravention of the directions.

A notice was issued to ICICI Bank advising it to show-cause as to why penalty should not be imposed on it for failure to comply with the directions issued by the RBI.

After considering the bank’s reply to the notice, oral submissions made in the personal hearing and examination of additional submissions made by it, the RBI said it came to the conclusion that the charge of non-compliance with RBI directions was substantiated and warranted imposition of monetary penalty.



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SEBI imposes penalty of Rs 25 cr on Yes Bank in AT1 bond issue, BFSI News, ET BFSI

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Markets Regulator, Securities & Exchange Board of India (SEBI) has imposed a penalty of Rs 25 crore on Yes Bank in the case of AT1 bonds. Also, Vivek Kanwar has been fined Rs 1 crore, Ashish Nasa and Jasjit Singh Banga Rs 50 lakh each in this case.

SEBI has issued a 61-page order. In this order, SEBI has ordered this amount to be filled within 45 days.

The order mentions, “SEBI observed that the Noticees had facilitated selling of AT – 1 Bonds of YBL(Yes bank limited) from Institutional Investors to Individual Investors. It was alleged that during the process of selling the AT – 1 Bonds, Individual Investors were not informed about all the risks involved in subscription of AT – 1 Bonds. Therefore, it was alleged that the AT – 1 Bonds were fraudulently sold to the individual investors”

The document added “on account of such misrepresentation and fraud perpetrated on its own customers which lured them and induced them to buy these risky AT – 1 bonds and also induced some of them to alter their position from FDs to these AT1 bonds, such acts have to be viewed seriously. Therefore, I consider a penalty of Rs. 25 Crores(Rupees Twenty – five Crores only) on Yes bank.”



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RBI imposes ₹2 crore penalty on SBI

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The Reserve Bank of India (RBI) has imposed a monetary penalty of ₹2 crore on State Bank of India (SBI) for contravention of certain provisions of Section 10 of the Banking Regulation (BR) Act, 1949 and the central bank’s specific directions issued to the bank on payment of remuneration to employees in the form of commission.

Specifically, RBI has referred to contravention of section 10 (1) (b) (ii) of the BR Act, whereby no banking company shall employ or continue the employment of any person whose remuneration or part of the remuneration takes the form of commission or of a share in the profits of the company.

“This action is based on deficiencies in regulatory compliance and is not intended to pronounce upon the validity of any transaction or agreement entered into by the bank with its customers,” per a central bank statement.

This penalty has been imposed in exercise of powers vested with RBI under the provisions of BR Act, it added.

RBI said the statutory inspection of the bank with reference to its financial position as on March 31, 2017 and March 31, 2018 and the Risk Assessment Reports (RARs) pertaining thereto, and examination of the correspondence with the bank regarding payment of remuneration to its employees in the form of commission, revealed, inter alia, contravention of the provisions of the Act and aforesaid specific directions issued by RBI.

In furtherance to the same, a notice was issued to the bank advising it to show cause as to why penalty should not be imposed for contravention of the provisions of the Act/ specific directions issued by RBI.

After considering the bank’s replies to the notice, oral submissions made in the personal hearing and examination of additional submissions made by it, RBI came to the conclusion that the aforesaid charges were substantiated and warranted imposition of monetary penalty, the statement said.

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IRDAI slaps ₹1 crore penalty on Chola MS General Insurance

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The Insurance Regulatory and Development Authority of India (IRDAI) has imposed a penalty of ₹ 1 crore on Chola MS General Insurance Company.

As per the order issued by Subhash C Khuntia, Chairman, IRDAI, the company had violated certain norms of Motor Insurance Service Provider guidelines.

Also read: IRDAI asks insurers to offer standard personal accident cover from April 1

The engagement with four motor insurance service providers and payments made by the insurer to them in the name of display of advertisement material to them during November 2017-July 2018 period were found to be in violation of the norms by the regulator in an inspection it carried out.

Cholar MS General Insurance has also penalised for non-submission of documents to enable proper inspection, the order said.

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