The Reserve Bank of India had issued “Guidelines on Fair Practices Code” vide theirCirculaNo:DNBS.CC.PDNo:266/03.10.01/2011-12 wherein NBFCs were advised inter alia to put in place an “Auction Policy”, duly approved by the Board of Directors This policy is drafted on the basis of the guidelines contained in the above referred Circular and replaces all existing policies/instructions regarding auction of articles pledged/hypothecated for the purpose of extinguishing the liability of borrowers who fail to repay their liability on account of loans availed against their security.
Gold Loans are sanctioned as Demand Loans against pledge of gold jewellery as collateral security. Loans are generally granted for a maximum tenure of 12 months or for any other periods as specified in the scheme under which the loan is availed.
As per the terms and conditions of sanction, the loan should be closed on or before the due date as per the maximum tenure specified by repaying the principal along with interest due up-to-date and other charges if any. The ornaments are liable to be auctioned for realization of the dues, in case of non-redemption of the ornaments by the borrower by paying the dues on or before the due date as per the sanctioned tenure mentioned in the pledge letter. The term “auction” used in the policy shall mean realization of the security (pledged gold ornaments) created against the loan in public auction only including online auction.
Notwithstanding anything stated herein, the Company reserves its right to call up the loan and auction the gold without waiting for expiry of the sanctioned period stipulated above in case of eventualities leading to probable loss on account of shortfall in the value of security due to fluctuations in Gold Price or any other reasons or any other contingencies, after giving a minimum of 14 days’ notice to the borrower.
However, the Company shall make earnest efforts to reduce the number of auctions by sending periodic communications to Customers for persuading them to pay interest periodically and release the jewellery by paying the dues before the due date or renew the loan by paying the interest up-to-date and the differential in eligible loan amount as per the then prevailing LTV.
In tune with the above guiding principles, the auction policy and procedure for conducting the auction shall be as follows:
The following situations will trigger an auction and procedures as mentioned in the Policy will be followed before auctioning the security.
a) On the loan remaining unpaid beyond the due date as per the sanctioned tenure
b) In case of EMI loans, all loans where there is default of 3 EMIs.
c) Remaining loans- (Mostly loans where part payments were received and auction postponed at the request of the customer) taken up for auction after 2 months from loan due date (i.e. In case of 12month scheme, after 14 months)
1. Auction due to depletion in the value of security due to fall in prices etc. (auction before completion of tenure)
If the Company has come to the conclusion that there is depletion in the value of security on account of fall in gold price which may result in loss to the Company in case the loan is continued, demand can be made on the borrower to repay a certain sum of money per gram of gold pledged to make good the shortfall in the value of security or to pledge additional gold to bring the value of security on par with the advance rate per gram as per the prevailing LTV.
In the event of the Customer not remitting the required amount/not pledging the additional gold to cover the outstanding as per the demand made by the Company within 14 days, the Company may decide to auction the ornaments and shall and initiate all processes for conducting the auction accordingly even before the loan becomes due as per the sanctioned tenure of the loan.
This may be done selectively customer wise, scheme wise or geography wise as decided by the Committee consisting of 1) Chief General Manager, 2)General Manager (Risk Management and Credit Control) and 3) Joint General Manager (Audit and Inspection).
2. Separate Auction of gold ornaments
identified as spurious / Low Quality or
Re-auction in the case of unsuccessful
auction.
a) Spurious / low Quality gold ornaments
detected during verification anytime
subsequent to disbursement of the loan may
be taken up for auction even before the due
date as per the tenure of the loan , subject
to the under mentioned compliances. The said
procedures shall also be followed for
auction of spurious / low quality items
detected at the auction center during the
course of an auction or while sorting items
for the purpose of lifting for auction after
completion of the tenure of the loan.
b) Such items will be separated and Auction notice will be sent to customers intimating them about the inferior quality of the gold and giving them an opportunity to verify and redeem the items by repaying the dues. In case they fail to repay the dues and close the loan, auction proceedings will be initiated after publishing advertisements in newspapers indicating the time and place of auction, thus giving further time to customer to regularize the account and redeem the ornaments.
c) Before serving the above notice the purity of the gold ornaments shall be re-verified internally through a competent officer/ auditor. Melt test (assaying) of a small portion of the pledged gold may also be resorted to for reconfirming purity.
d) The reserve prices for such spurious / low quality ornaments shall be fixed keeping in view the reconfirmed assessed purity and the RBI directions issued from time to time. A realistic reserve price will be fixed as per the purity of the ornaments assessed.
e) Re -auction will be conducted in cases of unsuccessful auctions due to absence of minimum number of bidders for conducting an auction or lack of bids for/above the reserve price fixed. The auctioneer should, in such instances, submit in writing that the minimum number of bidders were not present or no bids were received at the bid price fixed due to low quality of gold or the bidder’s inability to correctly assess the purity
If auction is triggered for any other reasons where probable loss is anticipated vis-a- vis the realizable value of security, all processes connected with the Auction like sending Auction Notices by Registered post, publishing in Newspapers etc. will be followed and auction will be conducted following the normal procedure.
No extension of loan period will be permitted in deviation of the above rules. Auction proceedings will be completed within 3 months from the loan due date before which the borrower should close the loan
Part payment of Principal/Interest will be accepted at any point of time up to loan closure due date as per the loan sanction. Thereafter, part payment can be allowed using discretionary powers as per delegation.
However, making part payments will not entitle the borrower for seeking postponement of the auction and unless the entire dues are repaid, auction of the collateral security in a loan account will be conducted as per Auction Policy irrespective of such part payments made.
Any amount retained in “Sundry Creditors a/c” will be appropriated towards shortfall in Auction.
Requests for postponement of a scheduled auction shall not be considered generally. However, the Company may, at its discretion, permit postponement of the auction provided at least part interest dues are paid immediately and the borrower undertakes to close the loan. If the loan is not repaid, the auction will be carried out in such cases notwithstanding the remittance made towards interest/ principal.
In other genuine cases where the customers express their inability to service even part interest, considering the sentimental value attached by many customers to the gold ornaments, the Company may, at its discretion, accede to the requests of customers, either verbal or in writing, for postponing the auction, and grant further time for closing the loan and decide not to resort to auction immediately on the loan crossing the due date or the account becoming an NPA provided there is no potential loss to the Company by deferring the auction. A formal approval in this regard will be obtained by the Audit Department from the Chief General Manager. A consolidated list of such accounts where auction has been postponed should be submitted to the Managing Director as on the last day of every quarter.
Gold ornaments pertaining to loan accounts where specific directions have been received from the authorities like Police /Court preventing auction will not be taken up for auction, though such accounts may qualify for auction as per the conditions stipulated above, till such ban is lifted
Compliance of all formalities required for Auction as described in the following paras shall be ensured before conducting such Auctions.
1.Overdue Loan accounts shall be identified and registered notices sent as per the timelines prescribed above. If the borrowers fail to repay the dues within the timelines prescribed, such accounts will be marked for auction.
2.Board approved Auctioneers appointed at various centers shall be assigned with the Auction process.
3.Registered Auction notice with acknowledgment due shall be served to all such identified borrowers giving 14 days notice period in order to ensure that sufficient time and opportunity are given to the customer for redemption and to avoid auction sale. Paper publication in a local daily in the local language and in another national daily in English shall be given clearly specifying the place, time and date of auction also giving time for redemption up to the close of business on the preceding date of proposed auction.
4.Surplus if any available in the auction sale proceeds over and above the dues shall be refunded to the respective customers within 7 working days after receipt of the full auction proceeds. A rightful lien will also be retained against such surplus subject to proper notice to the customer in case the borrower has other unsettled liabilities to the Company and surplus shall be refunded to the borrower after adjusting such dues if any. Steps including legal action for recovery of any shortfall after appropriating the auction proceeds shall also be initiated where ever feasible and after analyzing the cost benefits.
Ornaments in unredeemed accounts listed for auction will be put up for sale in appropriate/convenient lots through a public auction procedure wherein the prospective bidders participating in the auction shall quote their prices over and above the minimum fixed bid price in the open auction in accordance with Fair Practice Code for Bidders participating in the Auction detailing the Terms and Conditions of Auction. An auction will be carried out provided minimum 3 bidders are available as participants.
The auction of unredeemed gold will be conducted in the same branch from where the customer has availed the loan by pledging gold, giving an opportunity to the customer also to participate in the gold auction. In case of auction at branches, the respective Branch Managers will be authorized by the Board approved auctioneer to conduct the auction on his behalf subject to following conditions.
a) Any genuine bidder can participate in
branch auction subject to deposit of EMD
specified and submission of acceptable
documents as ID proof, PAN card copy, GST
registration.
b) A Customer who is coming to release his
gold ornaments during branch auction, will
be either permitted to do so after paying
the total dues including up-to-date interest
and charges or allowed to participate in the
auction as a bidder subject to compliance of
the terms and conditions for participating
in the auction as mentioned above.
c) The auction will be conducted through an
“Open bidding” process. The final rate
quoted by each bidder will be recorded in
the bid register. The bidder who has quoted
the highest rate (H-1 ) will be declared as
the successful bidder and a bid confirmation
will be obtained from him, allowing maximum
time up to 14 days to remit the amount and
lift the auctioned gold. The JGM (Audit)
may, at his discretion, allow further
extension of time up to a maximum period of
7 more days for remitting the amount. If the
bidder fails to remit the amount within the
stipulated period, his bid will be treated
cancelled. The JGM (Audit) may, at his
discretion, decide to impound part amount or
full amount of EMD in such cases.
d) If the highest bidder fails to remit the
bid amount and lift the auctioned gold
within the stipulated time resulting in
cancellation of his bid, the JGM Audit may,
at his discretion, decide to confirm the bid
of any one of the other bidders by following
the process of seeking bid confirmation from
them individually as per the descending
order of their bid amount and giving 7 days’
time to each of them to remit the amount and
lift the gold. . In case the other bidders
are not willing to confirm the bid, or fail
to remit the amount and lift the gold within
the stipulated time limit, the auction
process will be declared as cancelled and
steps will be initiated for conducting a
fresh auction of the gold following all the
procedures like sending of notices to the
borrowers, publication of notice in the
Newspapers etc.
In case of auctions scheduled at branches, the following records shall be maintained irrespective of whether auctions were conducted or not. Such records should be authenticated by the Branch Manager as authorized representative of the Approved Auctioneer:
a) Details of auction participants.
b) Minutes detailing the auction
proceedings.
In case of sale by auction conducted at
branches/auction centers, the following
registers/records also have to be maintained
in addition to the above
a) Bid register indicating the bid rate of
all bidders
b) Sales Invoice
c) Detailed auction record
All the records maintained at the auction center should be authenticated by the Board Approved Auctioneer or his authorized representative who conduct the auction.
In case the auction could not be conducted at the branch on the scheduled auction date due to any reasons like lack of minimum number of bidders etc. then the branch will display in the branch notice board, the address of the centralized location where the next auction will be carried out subsequently with date of subsequent auction and the gold items will be lifted to the centralized location within the same District in which the loan was extended where the same will be sold through public auction. The auction notice and paper advertisement will clearly specify both the locations and the respective dates of auction. Auction will take place on the date specified in the newspaper or on subsequent dates.
Conduct of auction by on-line mode [e-auction]
Apart from the auctions in the manual mode as described above, auctions shall also be conducted on online platform [e-auction] provided by reputed service providers who are already in this line of activity. A brief description of the online platform is given below;-
1. Online auction process shall be resorted
to after physical auction at respective
branches and conducted branch-wise by
complying with all statuary
regulations
2. Final notices/ newspaper advertisements
will be done by our Company as before
3. Minimum bid price as prescribed by RBI
shall be complied with in online auction
also.
4. We expect more bidders to participate in
auction process.
5. All auction related documents can be
downloaded from system itself
6. Date and time of auction will be
announced minimum14 days in advance. In case
the auction could not be conducted on the
date announced, it will be conducted on
subsequent days the details of which will be
displayed in the branch concerned and in the
website.
7. Auction gold will be put up for sale in
appropriate/convenient lots
8. Auction shall be live on the scheduled
date with minimum expected price provided by
or Company.
Minimum bid price for each lot shall be fixed
based on the following.
1. Prevailing
market price of gold based on the rates
published by the Indian Bullion and
Jewellers Association Ltd
2. Total dues
to be received in the loan account which
includes advance and interest up to the date
of auction and other charges levied and
recoverable.
3. General quality of the
gold (In case the ornaments are found to be
having purity of less than 22 carat, the
company will have the discretion to quote a
lesser floor price for the lot.)
While auctioning the gold the reserve price for the pledged ornaments will not be less than 85% of the previous 30 day average closing price of 22 carat gold as declared by The Indian Bullion and Jewellers Association Ltd (IBJA) In cases of jewellery of lower purity items the floor price will be proportionately reduced.
The bid shall be confirmed in favor of the bidder making the highest bid. In the eventuality of the bidders ganging up or forming a cartel for taking undue advantage etc., the right for cancellation and postponement of the auction, to another date/Centre shall be exercised by the Company.
Refund of EMD
1. In case of successful
bidders, EMD shall be refunded within 10
days from date of remittance of total bid
amount.
2. In case of non-successful
bidders, EMD shall be refunded within 10
days from date of auction.
Documents Maintained &
Disclosures
At Branches
Record of
the auction proceedings authenticated by the
Branch Manager, who is authorized by the
approved auctioneer to conduct the auction
process.
At the Auction Centers
1. Postal Receipts for Registered Auction
notices issued to borrowers.
2. Postal
acknowledgement from borrowers and Auction
Notices returned undelivered.
3. Copies
of the News Paper Auction
Publications.
4. Details of Auction
Participants.
5. Details of Auctioned
items and Bidders where the details of bid
price of all bidders will be recorded and
the last bid price of all bidders will be
recorded and authenticated by the board
approved auctioneer.
6. Sales
Invoices
7. In the annual reports the
details of the auctions conducted during the
financial year including the number of loan
accounts, outstanding amounts, value fetched
and whether any of its sister concerns
participated in the auction should be
disclosed.
8. Post auction, customers
will be intimated the details such as the
price fetched in the auction, total dues
adjusted from the proceeds balance amount
payable to/by him etc. Wherever refunds are
involved the amount will be sent by account
payee cheque at the address in the pledge
letter.
Refund of auction surplus to customers and further follow up
1. The entire auction surplus will be held in
a separate ESCROW Bank account. The surplus
amount, on completion of each auction
process, will be transferred to this account
immediately on receipt of the auction
proceeds.
2. The auction surplus will
be credited to the Bank accounts of the
respective borrowers within 7 days of
receipt of the auction proceeds and in cases
where the bank account details are not
available, the following procedure will be
followed:
a) For loans below Rs. 2 Lacs, the refund
will be effected through “Account Payee”
crossed cheque / DD which will be sent to
the last known mailing address of the
customer by registered post within 7 Days of
receipt of the auction proceeds wherever
bank accounts are not mapped.
b) In
cases where the cheque is not presented for
clearance within the validity date , but in
the meantime the customer approaches the
Branch personally, the Branch will be
authorized to refund an amount up to Rs.
5000/- in cash after obtaining prescribed
documents/acknowledgements. The cheque in
such cases will be cancelled and the Bank
informed accordingly.
c) If the amount
of refund in such cases is more than
Rs.5000/-, the Bank account details will be
collected from the customer and the amount
credited directly to his Bank account. JGM
Audit is permitted to make payments upto
Rs.10,000/- in cash on exceptional cases and
such deviation shall be submitted to next
audit committee for their approval.
d)
Surplus amount in auction may also be
credited to the customer’s active gold loan
accounts with proper intimation to the
customer
e) An SMS message intimating
about dispatching the cheque will be sent to
all customers concerned immediately
f)
20 days after dispatching the cheque, an OBD
call in local language will be made to
customers exhorting them to encash the
cheque
g) In cases where the cheques
are not encashed even after the above steps
Branch Managers shall get in touch with the
customers either telephonically or in
person
h) If the cheques are not
presented by the customers in spite of the
SMS / OBD calls/ personal contacts, further
follow up shall be made as
follows:
a.In case where the cheque
have been delivered to customers and have
become stale due to non-presentation within
validity date, cheques will be reissued and
mailed to customers and same follow up
procedure as above will be
followed.
b.In cases where cheques are
returned to branches undelivered due to
reasons like “addressee not available”
indicating his temporary absence, or
“incorrect/insufficient address”, Branch
will try to establish contact with the
customer through phone call / personal
visits and assist him to encash the
cheque.
c.In case the cover is returned
undelivered due to reasons like “ addressee
left” “not traceable “etc., efforts will be
made to locate the customer by making local
enquiries and handover the cheque to him
AUCTION OF ASSETS OTHER THAN GOLD
In the event of the Company resorting to auction of any assets other than gold for appropriating the proceeds towards the dues from a borrower, wherever warranted, all the proper legal processes like filing of suit for taking possession through execution of decree and selling it through an auction will be followed.
1.A committee consisting of the following members is authorized to examine case and permit deviations from the above policy selectively or wholly or for a particular period of time as deemed fit.
2.Members of the committee
1.CHIEF GENERAL MANAGER
2.HEAD OF DEPARTMENT (RISK MANAGEMENT &
CREDIT CONTROL)
3.JT. GENERAL MANAGER (AUDIT &
INSPECTION)
3 Besides, Head of Risk Management Department and Head of Internal Audit Department are severally authorized to allow deviations in individual cases selectively or wholly on the above procedures, provided the loan is within 15 months from the loan sanction date.