In a clarification, HDFC Bank told the RBI that since it could not get details from seven complainants out of 12, it could not resolve their grievances. However, one of the complainant left out by HDFC Bank spent Rs36 for over 15 days by making two visits to the Branch and 15 calls to retrieve his eight paisa
In April, Moneylife wrote about how customers of HDFC Bank were being harassed with its new know your customer (KYC) norms. Several people shared their experiences with us. Moneylife followed up with HDFC Bank and the Reserve Bank of India. Taking cognisance of the issue, RBI issued a notice to HDFC Bank seeking clarification. The Bank sent its reply to the RBI, however, stated that it could not get details from seven customers out of 12, including Avinash Murkute and hence, was not able to resolve these customers’ problems.
Mr Murkute says, “It is shocking that the signatory to clarification letter from HDFC Bank (to the Reserve Bank of India- RBI) has mentioned that I have not provided account details. How and why one shall provide his account numbers of closed accounts? One Madhurima Manmohandas of HDFC Bank did write and ordered me in June 2013, to provide my account number within seven days. If it had been a polite request, I would have responded to her in equally polite manner. This demonstrated how serious HDFC was in responding to the RBI. When they (HDFC Bank) cannot read letters by speed post and require 15 days to refund 8 paisa, why should one respond to the order from HDFC Bank?”
Here is the first person account from Mr Murkute about his dealings with HDFC Bank…
I have abandoned and deserted HDFC Bank and included them in the list of defaulter’s as they still owe me Rs36.00 towards cost of recovering 0.8 paisa from the Bank in a case where cheque was deposited of RsXXXXX.08 and credit was given of RsXXXXX.00 only. This was violation banking double entry accounting mechanism and provisions. The Bank and its Kothrud, Pune branch and branch manager took 15 days and two personal visits by me and 15 phone calls to their centre of excellence and state of the art customer (harassment) call centre and equally harassing grievance resolution nodal officers and appellate authority to credit the eight paisa in my account.
I have closed all my four accounts including demat account way back in 2009 and I have obtained closure confirmation letter of each account. For closure of demat account, they made me oscillate from one office to another like Bank, Branch, HDFC Securities and so on. What was given in writing by HDFC Bank’s corporate office was not acceptable to branches. What is more interesting that even the vice president of HDFC Bank for depository operations, named R Venugopalan (my record reference No.339/HDFC/ Depository Date: May 26, 2009) doesn't read and respond to written communications.
Many times, they refused to print entries in my passbook on flimsy grounds. At times, they insisted that new account should be opened through agents only.
In spite of my number 9********9 is included in do-not-disturb (DND) list, HDFC keeps calling me several times for opening demat account, deposit account, car loans, home loans Every time protest was lodged with HDFC’s corporate office and every time they replied that this will not happen again but (the calls) still continuing. Every time they advise me register separately with each office and each branch of HDFC. This is in violation of national DND which HDFC never respected.
Once HDFC Bank gave me a double credit of Rs160 due to human error. I was quick to point this to them, and then they adjusted this additional credit of Rs160 by debiting from my account. HDFC Bank should learn this sense of urgency and honesty and its training managers should try to impart to its senior management so that ground realities can improve.
In the year 2009, I could have eaten six Vada pavs and HDFC Bank have deprived of my six vada pavs ( Rs36.00) and the chief managing director of the Bank should be made to understood this agony. If RBI would like a written complaint and / or more information, they can take this as feedback for the same. Everybody gets a chance to be equal.
The overall coal inventory has now fallen to 57mt, most of which lying near pit-heads and some stored in remote coalfields not accessed by railways. To top this mess, Coal India want to reduce this inventory by 10mt this year
In a couple of weeks from now, the Annual General Meeting of Coal India Ltd (CIL) is scheduled to take place in Kolkata. What would S Narasing Rao, chairman and managing director of CIL who runs the world's largest coal company, say to his shareholders?
Would he like to say that in the last quarter (April-June), the production growth was a measly 0.4% as against the target of 6.6%?
Or would he say that the off-take of coal by power generators actually has fallen due to idling of capacity (by producers like NTPC and others), who did not generate power from their 5,000MW plant all because of lack of demand?
Of course, if the national power grid was linked to the Southern Grid (which is likely by next year), this would not have happened. NTPC would not have lost their production capacity, Coal India would not have had to stockpile and store the coal and the much-needed power sold to the starving Southern industries.
The overall coal inventory has now fallen to 57 million tonnes (mt), most of which lying near pit-heads and some stored in remote coalfields not accessed by railways. To top this mess, they (CIL) want to reduce this inventory by 10mt this year.
In the interim, Coal India has no option but to reduce production, though the Ministry of Finance has been asking Coal Ministry, why the production is lower?
In the past, the grievance was that rakes were not available in time to evacuate coal, which was piling up at pitheads. In fact, at one time, not long ago, the power generators were encouraged to pick up the coal from production sites so as to maintain their power production.
Many coalfields under the Coal India management have various problems relating to completion of environmental formalities, and these are best seen on the web site of the main producing units of CIL.
In the meantime, Coal India, flush with enormous cash reserves of over Rs17,520 crore are looking at overseas investments to acquire mining properties, notably in Australia, Indonesia and far off Columbia, for both thermal and coking coal.
The indigenous production of coal is estimated to reach 482mt in 2013-14 as against 452mt achieved in 2012-13. In 2012-13, expensive imported coal (137mt) came into the country, fuel supply agreement (FSAs) were signed, and with and some more to go and CIL had a busy year.
To get more information on CIL's activities, attempts were made to get through to compliance officer Viswanathan at Coal India at Kolkata, but were unsuccessful, as one of the two email addresses did not work (message bounced) and the other elicited no response!
International prices of coal have fallen due to lack of Chinese demand, and it may be worthwhile to get the high caloric value thermal coal for stock piling, at the cost of losing marginal interest and incurring storage costs at this time. We must bear in mind that the situation in Syria may create a war-like condition in the west Asia region, resulting in an oil blockade, leading to an embargo! What happens then? Why can't we be on our toes?
(AK Ramdas has worked with the Engineering Export Promotion Council of the ministry of commerce. He was also associated with various committees of the Council. His international career took him to places like Beirut, Kuwait and Dubai at a time when these were small trading outposts; and later to the US.)
The NSEL scam only happens to be the biggest of the multiple scams that have hit the commodities markets, thanks to poor regulation
Prime minister, Manmohan Singh, likes to blame all the lapses of his government on ‘coalition dharma’. Well, in addition to the long list of scams and dubious decisions that have rocked the nation, the lax regulation and supervision of commodity futures markets is another example of the wanton disregard of public interest to appease a powerful political ally.
Over the past month, it has become increasingly clear that what happened in the National Spot Exchange Limited (NSEL) is clearly a Rs5,600-crore scam. Jignesh Shah, promoter of the FT-MCX groups, admits as much, but blames the now sacked managing director Anjani Sinha for defrauding him.
What is not in doubt is the thorough mismanagement of the whole business of spot commodities trading. But NSEL chairman, whose son-in-law Nilesh Patel’s company owes Rs950 crore to the bourse, strains our credulity when he claims ignorance.
Remember, India had banned futures trading in commodities for over 40 years. It was re-started in 2003 with the clearance of four newly minted commodity futures bourses and, almost immediately, the impact of poor regulatory framework, disempowered regulator, sloppy supervision and the lack of checks & balances was apparent. Multiple scams and scandals began to hit the sector with regularity. The NSEL scandal only happens to be bigger than all the previous ones. Consider this:
• Earlier this year, Kailash Gupta, the founder of the National Multi-Commodity Exchange of India Ltd (NMCE) was arrested for alleged money-laundering and cyber crime. In 2011, he had been stripped of his voting rights and directorship following a fraud. This action itself was taken after several other irregularities had been detected as far back as 2006. He is accused of having illegally paid tens of crores of rupees to entities belonging to his family and his children and was personally accused of having manipulated rubber prices. Mr Gupta held a 30.18% stake in NMCE through his company Neptune Overseas. And, here is the first flaw. While the government is at pains to ensure that no single entity owns over 5% of any exchange, this precaution was ignored while re-starting commodity futures trading, despite the fact that any speculation or price-rigging in commodities has a deleterious impact on the economy.
• In 2007, the National Commodities and Derivatives Exchange of India (NCDEX) stripped its CEO Narendra Gupta of key functions following allegations of irregularities and a dubious settlement in urad and chana trading with a sudden change in contract prices. Justice PN Bhagwati had headed a probe committee to investigate the matter. NCDEX has been set up as a professional bourse with the National Stock Exchange (NSE) and ICICI Bank among its key promoters.
Did the government not realise that there would be problems? In fact, prime minister Atal Bihari Vajpayee had flagged the issue at the launch of NMCE itself, when he said, “I would like the regulatory system for commodities exchanges to be strengthened to create confidence among all stakeholders.”
Soon thereafter, the bourses began to emulate the capital market by putting in place all the structures that lend confidence to investors—logistics facilities, modern warehousing with dematerialised and tradable warehousing receipts (WRs) and trade guarantees. But these seem to be just a smokescreen.
The Forward Markets Commission (FMC) itself was partially empowered, but continued to be controlled by the clueless ministry of consumer affairs, instead of following the logical course of bringing it under the ambit of the finance ministry and SEBI (Securities and Exchange Board of India) which have developed some expertise in dealing with speculation, insider trading and trading-related fraudulent practices.
A key factor in the NSEL scam is that the warehouses, which were supposed to stock the products traded through warehousing receipts (WRs), seem to be empty. Most of these warehouses are located within the premises of key members/borrowers of the NSEL. How did this happen?
We learn that the Warehousing Development and Regulatory Authority (WDRA), an independent regulator (that was born out of the warehousing statute in 2007 but became operational only in 2010), granted accreditation to eight private warehouses. Did someone grant accreditation to NSEL’s warehouses? Did it not matter that all of them seemed to be under the control of its largest member-borrowers? Has anyone been questioned? What was the role of National Bulk Handling Corporation, also owned by the Financial Technologies group which set up the initial warehouses?
Interestingly, WDRA’s website (wdra.nic.in) shows that the regulator is empowered to punish entities that issue fake or duplicate with imprisonment of up to three years or a fine that can extend to four times the value of the goods and a combination of the two.
The website, however, shows no linkage to NSDL (National Securities Depository Limited) and CDSL (Central Depository of Shares Limited) which handled NSEL’s WRs. But NSEL’s website says that warehouses empanelled with the Exchange would sign an agreement with CDSL and they alone could issue WRs to holders of commodities.
These could then be traded on a separate e-auction system. WDRA ought to have been responsible for checking whether the WRs held in the depositories were backed by physical stock. Why is it not even in the picture yet? There is another issue. WDRA has the power to inspect and punish. But does it regulate depositories? This is a question that I raised six years ago when over half the new businesses that NSDL ventured into were outside the supervision of SEBI.
It is only a couple of months ago that NSDL has split its operations, but clarity over the regulation and supervision of its many business is still missing while CDSL continues to float unchecked in NSDL’s shadow.
Many of the issue pertaining to commodities trading would have been sorted out if FMC were brought under SEBI, in line with an idea mooted in 2003-04. A third post of a whole-time director at SEBI was also created specifically to supervise the commodity markets.
But, all of a sudden, Sharad Pawar, the then minister for agriculture as well as minister for consumer affairs, did an about-turn and went back on his earlier support for the proposal. Looking back, it seems most likely that the commodity market-players influenced this change.
After all, NSEL was set up by a simple exemption granted by the ministry of consumer affairs, allowing it to function outside the supervision of FMC and undertake a financing operation with ready-forward transactions under the guise of facilitating delivery-based spot trades.
Strict regulation and control of commodity markets is a must in India because the consequences of manipulation, especially of food grains, oil and other essentials, affect the entire population. Instead, commodity futures bourses were regulated with a light hand.
Even today, there is little clarity about specific inspection and regulation of various intermediaries such as depositories, warehouses, inspectors or accreditation agencies. Unlike the capital market, promoters of commodity exchanges have been allowed a significantly higher equity stake (of 26%) and also hold significant stakes in member entities without clear Chinese walls.
But let’s not be under the illusion that poor supervision and confused regulation is limited to the commodities market or the FMC. Forex derivatives, which are under the joint watch of SEBI and the Reserve Bank of India (RBI), operate in a similar regulatory vacuum, where some key brokers are allowed to whip up artificial trading volumes, hold a significant stake in the bourse and dominate management decisions. It is another issue that is waiting to blow up, like NSEL.
Sucheta Dalal is the managing editor of Moneylife. She was awarded the Padma Shri in 2006 for her outstanding contribution to journalism. She can be reached at [email protected]