DHFL Investors Scramble for Answers: Secured NCDs Replaced by 20-year 1% Unsecured Bonds, Same Bonds Debited after 2 Days
Moneylife Digital Team 28 September 2021
The resolution process of the beleaguered Dewan Housing Finance Ltd (DHFL), apparently in its final stages, is causing a lot of anxiety among investors. While holders of non-convertible debentures (NCDs) are expected to be repaid in a couple of days, the unexplained debits and credits in their demat accounts has caused a scare.
On Saturday afternoon, thousands of retail DHFL NCD-holders found that their ~ 9% secured NCDs were replaced by unsecured bonds of 20-year tenure (1% coupon and maturity in 2041). Panic-stricken NCD-holders have been reaching out to Moneylife and tagging us on social media for answers. 
These unsecured bonds were also debited, subsequently, late on Monday night. Meanwhile, there has been absolutely no communication from the debenture trustees, the resolution professional or the acquiring company, Piramal Capital, about these debits and credits. At the same time, the ongoing courtroom drama over the last-ditch bid by the Wadhawan family (more on that later) is adding to investors’ anxiety.
The newly credited unsecured bonds were again debited on Monday night as seen below. 
“Every company has to give an upfront notice of planned corporate actions before executing these. No such notice was sent to debenture holders of the redemption being done. Furthermore, it seems replacing a secured NCD with an unsecured NCD (which can be easily written off like was done by Yes Bank and LVB Bank by the RBI administrators) unless approved by the debenture holders is fraudulent,” said one investor, writing to Moneylife.
“Replacing a secured debenture with a (temporary) unsecured debenture constitutes a material event for which the trustees should have conducted a debenture holder meeting to explain the proposal and seek an approval,” he says, questioning the legality  of the move and why a simpler, more straight-forward route for redemption/ repayment process was not considered. 
Moneylife attempted to reach out to the debenture trustee—Catalyst Trusteeship—but we have received no response to our emails. Calls to the office were not answered.  
While the Piramal group is going ahead, there is always the worry that a court decision could delay or derail the resolution process and investors may be left  with unsecured 20 year debentures. 
Moneylife’s attempt to contact the Piramal’s spokesperson elicited a rude and arrogant response. We were then connected to two other persons who are still to answer our queries. This article will be updated if we hear from them. 
If you are a DHFL NCD-holder, here is what you can expect:
Debenture-holders, as a 'class of creditors', have voted in favour of this resolution plan. Hence, all debentureholders are considered as ‘assenting creditors’ irrespective of whether an individual debenture holder has voted or not or even voted against this plan. As such, all debenture holders will be paid as secured assenting creditors. 
To those asking how much money will I get back?
Specific amount, which will be received by individual debenture-holder will be as per the approved distribution mechanism. Debenture-holders are requested to go through the para-V(b) of approved distribution mechanism as below for ready reference:
How much money you will receive, depends on the amount invested and is linked to principal outstanding in the category under which the investor is classified in terms of the above-mentioned chart. 
When will I get my money back?
While it was originally estimated that distribution should be by October 2021, it is now expected that the money will be repaid in the next one or two days (before 30th September), since the bonds have been debited from the demat accounts of holders already. Record date for the NCDs is 13 August 2021. 
With effect from 30 July 2021, trading on the stock exchange has already been suspended for these NCDs. This has been disclosed by DHFL as per LODR to stock exchange on 19th July. 
With respect to investments up to Rs10 lakhs, the entire recovery entitlement would be paid in cash and would be by way of credit to the account of the first holder. 
With respect to investments above Rs10 lakhs, the investor will receive part cash (credit to first holder's account) and partly by way of debentures issued by Piramal (Piramal NCDs) in demat form in the names of the holders as on date of distribution. According to the approved resolution plan, the Piramal NCDs would be for a period of 10 years and would have a coupon rate of 6.75%.
In July, as per the directions of the National Company Law Tribunal (NCLT) in the order approving the resolution plan, the committee of creditors (CoC) reconsidered the allocation of higher amount to the suggested category of creditors. However, earlier approved distribution pattern remains unchanged as the suggested revision in distribution pattern did not get approval of CoC. 
According to the current resolution plan, DHFL fixed deposit (FD) investors will get about Rs1,241 crore, against their admitted claims of about Rs5,400 crore.
DHFL and the debenture trustees have reportedly sent messages to fixed deposit- and NCD-holders, asking them to update their bank account and contact details. But many of the FD investors and NCD-holders have shared concerns about the transfer of funds, pointing out that their petitions challenging the payout of funds are still pending in court.
More Court Room Drama:
Meanwhile, on 29th September, the National Company Law Appellate Tribunal (NCLAT) is scheduled to hear pleas by fixed deposit and NCD-holders of DHFL and it's former promoter Kapil Wadhawan against the approval of Piramal Capital and Housing's resolution plan for the bankrupt housing financier.
Last week, DHFL had approached the Bombay High Court to challenge the special CBI court order of 20th August, which had given partial relief by discharging the interim monitoring committee but had rejected DHFL’s prayer to discharge it from the case. DHFL has, so far, argued that, since it had been taken over by Piramal Capital & Housing Finance Ltd, it should be absolved from all earlier liabilities. 
DHFL has argued in its petition that “Section 32 (A) of IBC - which came into effect on 28 December 2019 - lays down a mandatory direction for a Corporate Debtor (DHFL) to be absolved from all the liabilities from all criminal offences committed before the commencement of CIRP.”
On Monday, Kapil Wadhawan, the erstwhile promoter of DHFL, moved the Bombay High Court through his lawyers to oppose DHFL’s plea to discharge the company's name and drop proceedings against it in an ongoing investigation by the Central Bureau of Investigation (CBI).
Mr Wadhawan’s lawyers contended that the resolution plan had timelines and included payments and that process is not over yet. Hence, in the event DHFL is discharged from the case, it will adversely impact the prosecution's case. 
In July, NCLT had permitted Piramal Capital and Housing Finance to take over DHFL after the group was declared the preferred bidder, securing 94% of creditor votes. Piramal's total bid, at Rs37,400 crore, amounts to about 43% recovery on admitted claims. This recovery is further divided into 20% cash and 23% through NCDs.
Meanwhile, the Bombay High Court on Tuesday dismissed a bail plea filed by Yes Bank founder Rana Kapoor's wife Bindu, and their daughters Roshini Kapoor and Radha Kapoor-Khanna, and former bank senior executive Rajiv Anand, in the financial irregularities pertaining to DHFL.
3 years ago
I am NCD holder of 50k till now i didn't receive any amount bcz they took data of bank account from BANPoS. I am regularly mail to DHFL and to registrar but not one entertain the issue. Any one have any idea about this so please guide me. Any procedure to inform SEBI or NCLT
Replied to yatinkathuria07 comment 3 years ago
took wrong bank account no. its a clarification mistake
3 years ago
All these govt agencies including nclt, sebi, rating agency etc are hand in hand in duping & cheating the FD/NCD holders of DHFL.
All senior citizens should complain to central gov
3 years ago
I have mailed to sebi
1 The closing date was from last intrest paid
2 The closing date was from the date intrest payment defaulted
3 Or the date which is convenient for few known to resuffle their portfolio to bring it within 2 lac rupees or buy from market
The last option is s clear manuplation to benefit few at the cost of geniune investors who have been holding portfolio since last intrest paid
Sebi or Nclt should direct piramal to pay all individual investors paricularly senior citizens upto 10 lac portfoli o to pay full
All individual investors should raise the issue together with sebi
3 years ago
My mother is above 84 year and widow. Her hard money deposited in dhfl every time i am requesting dhfl please dont do any deduction in principal amount but only 23% get credited. At the time of feeling form of nclt they promise us that all principal amount and some intt will give but in reality they looted
3 years ago
They doing fraud voting and any depositor not ready this resolution plan. All reatail depositor against voting but they forcefully saying. I dont think so any depositor ready for 77% loss. They forcefully doing this and all retail deposited looted this system. That lady represent she is also fraud from first day i dont belive that lady.
3 years ago
I am a Fixed deposit holder of DHFL, invested Rs 7 lakhs with an anticipation of getting monthly interest @9%.
Initially it was running smoothly but after one and half years the tragedy happened.
Now as per the new resolution plan I got back only Rs 1.64 lakhs.
I have no idea how the balance will be recovered. As a senior citizen I have invested my hard earned money in DHFL but ultimately cheated by this corporate.
Government encourages private investment but there's no safeguard for the protection of the investors. All the organizations meant for this, are callous or remain silent at the times of disaster. I am at a loss don't know what to do in this situation.
3 years ago
Besides the Regulators & Credit Rating Agency which have abysmally failed to perform their duties as watchdogs , what happens of the personal guarantees of the promoters, & the promoter group in view of the recent judgement of the Supreme Court of India.
3 years ago
Why mention only NCD investors? Why not FD investors? Most of the FD investors are Senior Citizens who invested their hard earned lifetime saving with trust in Corporate House. Even FD Depositors are severely hit and affected for this huge loss, and who are unable to earn it back at this age.
Replied to abanlawyer9 comment 3 years ago
with due respect - there are MULTIPLE articles on DHFL and Moneylife has worked hard at ensuring very comprehensive coverage - probably more than any other publication. But everything cannot be in one article. This was a new development that day. So please do make an effort to check out before posting remarks full of suspicion!
Replied to abanlawyer9 comment 3 years ago
Because NCD are listed on stock exchanges and available in demat form. Deposits are not available in deposit form, hence the only NCD holders mentioned here
3 years ago
why no action on Credit rating agencies who have rated AAA and Auditors based on these agencies alone common man have invested in NCD/FD
Replied to t.s.ashokkumar67 comment 3 years ago
True such companies should be made to pay some penalty and that should be forwarded to the holders of NCD and FD
3 years ago
Where did the Haircut money go was that all swindled? does it mean approx 70% of their Loan book was cooked up? Whose responsibility is to trace this money and give it back to the people who were deprived of their Hardworking money. What are the regulators' responsibility the NHB? RBI? Bankers? Auditors? Rating Agencies? Independent Directors? SEBI? MCA? so many agencies failed and it is the last person FD holders who got the short straw
3 years ago
This is high level organised loot which would not have been possible without support of many authorities who deliberately kept silent by not disclosing the modus operandi of the defaulting company by not taking necessary action at the right time .
Due to which poor common men who do not get PF and pension but depending on only interest income are affected.
Looters will go scot free and poor persons who are only dependant on interest income will not be able to pay for their own personal and medical needs.
3 years ago
I am NCD (Secured debenture) holder of DHFL-Rs.3,00,000/- for three years period from 9.9.2016 and the maturity date is 9.9.1919. I have not received any interest for the period ended 9.9.1998 to 9.9.2019 and extended period beyond 9.9.2019 to 9.9.2021.

The term Secured indicates that whosoever is the owner of the company has to pay all the liabilities to their depositor, for which co. has entered in writing with depositors.

On 26.9.2021 DHFL credited 300 NCDs to my D-mat a/c and debited the same on 27.9.2021 without any intimation /clarification.

After this DHFL credited amount after deducting 18% from principle amount (i.e. Rs.3,00,000/- - Rs.54,000/- = Rs.2,46,000/-) and debited this also after one hour. My demat a/c was totally blank as if I am no more NCD holder of DHFL.

NOW THEY HAVE CREDITED Rs.1,47,111/- on 29.9.2021 i.e. 49% and I am loosing 51% i.e. Rs.3,00,000/- - 1,47,111/- = Rs. 1,52,889.00.

If same formula is applied to all NCD holders, all of us loosing the interest for third year and extended period 29.9.2021 which is a huge amount for me and others like me. THIS IS THE STRAIGHT WAY PROFIT OF DHFL without any efforts.

I think Piramal Co. has earlier before the take over promise something else which assured the NCD holders to get at least principal amount but after getting 89% voting in his favor Piramal now changed his colors and put his hands up and all the govt machinery played active role to favor Piramal.

Now reality is that Piramal will earned 1000%+ profit from both sides i.e. 1. reducing the principle amount by 54% at one side 2. By not paying the interest for the period mentioned above and recovering all loans and interest from their loan takers by their own ways using all forces and methods.

RELIANCE and PIRAMAL are in close family relations is the main active reason in this matter.

In this entire bidding process Higher side bidder (foreign concern who is ready to 980+ crores) was rejected by NCLT which is against the bidding process. Normally the bidder who is quoting higher price for purchase is normally accepted but here picture is just opposite.

IMPORTANT is Mr. Wasdhwan, Chairman DHFL has offered the same proposal with guarantee of paying back some hard cash and balance amount in the form of NCD. Also DHFL is recovering good amount every year from their loan takers.

Even in the past DHFL has paid Rs.980 crores to their depositors which was published in daily Lokasatta dated 12.6.2019. It shows that DHFL is fully active in this matter and recovering the money from their defaulters and will refund the money to the depositors in time bound manner. IS ANY THING NEW PIRAMAL DONE ? Nothing but looted the depositors by way of reducing the amount. In some cases like depositors above 10L he is doing part cash payment and remaining in form of NCDs @ 6.85% which is to low than the market rate (IIFL offering 8/25% rate with addition coupon rate. PIRAMAL IS LOOTING THE DEPOSITERS AS HE HAS TAKEN DISADVANTAGE OF VOTERS CONSENT.

RBI who is the controlling govt. agency/authority for banking industry is the main cheater in this matter. EVEN IN PMC BANK CASE, RBI is not considering the welfare of the deposit0rs but favouring the culprits. All the RBI Auditors are corrupt and helping such institutions. PMC Bank matter is the best example in which RBI’s role is suspicious and hence they are covering up the matter because RBI is the main defaulter.

Even the Trustee of NCD holders in this matter Ms.CATYLIST has murdered the trust of NCD holders and acted in favour of Piramal group and earned crocers of rupees by just warming the chairs and using the sugar coated word TRUST. This is not TRUST, this is cheating and breach of TRUST to people and earned the money which is known as selfishness. Both the Mumbai and Pune Offices of this firm are not picking up the phone. Recorded message is coming that the telephone services of these offices are temporarily disconnected.

Now all the banks/institutions who are in this matter have shown their loan amount as NPA and wipe out this amount from their a/cs. Now whatever amount they have received from this, they are showing as profit earned by bank. WHAT A GREATE JOKE AND THE BEST EXAMPLE OF FOOLISHNES. In this entire matter one party is earning profit and common depositors are put in huge lose. From this you will observe that how govt. and such type of institutions are making fool to common people by using all kind loopholes of law.

Respected Sir, I heard that your organization is helping such people. Sir on behalf of all depositors can we form a strong forum under your guidance and fight legally against these culprits for getting money back. We will definitely contribute to this noble cause without any hesitation.

From the above you will understand the pain and mental position of common depositor who is putting his life time and hard earned money for better future.


Very sorry for long explanation. YE AAM ADAMI KE DIL KI BHADAAS HAI.

Thanking you,
R V Samant
DHFL NCD Holder.
Kamal Garg
Replied to omsamant2615 comment 3 years ago
I agree with you about the cheat and fraud which has happened in this case. The plain fact is that Piramals while applying for resolution of DHFL had put the "valuation" of all the loan book at Re. 1 (yes, you read it correctly, it is "valued" at Rs. one only). Fine. No problem. But then, if there is any "recovery" from these loans in the books of DHFL, then, all the recovery should be equitably shared between NCD holders and erstwhile shareholders also.
3 years ago
I am Rs.50000 NCD holder till now no money is credited in my account. anyome have any idea about this....
Replied to yatinkathuria07 comment 3 years ago
Same here.. No money credited in the account..
3 years ago
only 23 % credited to FD holders..balance haircut ho gaya...sab milke court mai apply karo...ye sab govt ne karaya hai
Replied to vaibhavjain.iec comment 3 years ago
jain saheb, by basic commerce logic Deposit holders shouldn't have gotten anything due to their unsecured nature, but they got 23% (better than 0%). Actually deposit holders and unsecured debentureholders shouldn't have gotten anything. They actually shove off the share of Secured debentures. And if anybody is to be blamed it is the rating agencies and our greed for additional interest. Hence forth I am sticking to Post office schemes and government companies for debt exposure
Kamal Garg
Replied to cbk1097 comment 3 years ago
Agreed. Actually unsecured NCD holders/FD holders shoved off the share or % of secured NCD holders. But any how. Every body got something.
3 years ago
for my FD of Rs. 200,000/- just got credit of Rs. 46,859/- .
request to clarify.
Replied to ganeshcr28 comment 3 years ago
Fd holders will be given about 23%.but if u had ncd u would have got full refund of max 2 lakh limit.
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