The main reason why the Punjab and Maharashtra Cooperative (PMC) Bank is in deep trouble is because the bankrupt Housing Development and Infrastructure Ltd (HDIL) (tottering Dewan Housing Finance Ltd-DHFL is also of the same promoter group) had a finger in the Bank. It was not a case of one bad lending.
There was a close nexus between the HDIL group and the Bank through Waryam Singh, the chairman of PMC Bank. He was director of several companies associated with HDIL group and the Wadhwans.
PMC Bank’s managing director (MD) has been on television providing false platitudes and feigning ignorance of the loot of depositors’ money and also claiming that Mr Singh had resigned from the HDIL group in 2015. The very fact that the Bank is over-extended to this group is proof that the nexus is as strong as ever.
The government and the regulator are doing a great disservice to depositors by permitting the MD to put out half-truths. Ideally, we need answers from the government. Also, like in the case of Infrastructure Leasing & Financial Services (IL&FS), we need to change management, sack those who were responsible and act fast to salvage public funds.
The failure of PMC Bank is already beginning to impact even the better-run cooperative banks that are seeing worried depositors wanting to ring-fence at least a part of their funds. If the situation is allowed to fester, things can get worse.
It is surprising that while the banking regulator, Reserve Bank of India (RBI), acts extremely tough about giving new bank licences, it was either completely oblivious or knew, but did nothing about this nexus. The result of this regulatory failure today is that tens of thousands of depositors are on the streets worried about their money.
Following the death of Charanjit Singh Chadha on 12 January 2015, PMC Bank board elected Waryam Singh as new chairman for five years till 2020.
Mr Singh, in 2009, was listed among individuals forming part of the promoter group of HDIL group in an information memorandum for issue of privately placed debentures. Even if he resigned in 2015, it is clear that the deep relationship with HDIL and its many group companies persisted.
Here is what is available in the public domain.
Waryam Singh’s association with the Wadhwans dates back to 17 January 1997, when he was made director of DHFL Property Services Ltd from where he resigned on 27 March 2009. Before resigning in March-April 2015, Mr Singh had served as director of HDIL for almost nine years. Data from Zaubacorp.com shows Mr Singh has served as director of several HDIL group companies for several years.
In Blue Star Realtors Pvt Ltd, Mr Singh was allocated just one share. However, this single share establishes closeness of the relationship between him and the HDIL group.
Mr Singh was a director of Ravijyot Finance & Leasing, another group company associated with the Wadhwans.
Mr Singh, who is the chairman of PMC Bank, was shown as promoter of Broadcast Initiatives Ltd (erstwhile Sri Adhikari Brothers News & Television Network Ltd) in the company’s draft letter of offer in March 2011. The other promoters in Broadcast Initiatives were: Rakesh Kumar Wadhwan, Sarang Wadhwan, Ashok Kumar Gupta and HDIL Infra Projects Pvt Ltd.
In Guruashish Constructions Pvt Ltd, Mr Singh was representing HDIL group along with Rakesh Kumar Wadhwan.
As per data from Zaubacorp, Waryam Singh has been shown as director of 18 companies, many of them related with the Wadhwans. (see image below)
On Tuesday morning (24th September), depositors of Punjab and Maharashtra Cooperative Bank (PMC Bank) woke up to news that they can withdraw only Rs1,000 from their accounts, for the next six months. The harshness of RBI’s (Reserve Bank of India’s) action on a profitable, dividend-paying bank raises an important question: What is the Bank, and the banking regulator, hiding? How bad is the situation, that it warrants such draconian action and punishes the innocent and ordinary depositors so harshly?
Although PMC Bank is largely unknown outside Mumbai, it has a unique character and is very well known to senior central bankers. But more about that later. The Bank’s customers are mainly small and medium businesses that will be devastated by RBI’s seemingly thoughtless action at a time when almost every business is facing a liquidity squeeze and financial constraints. According to sources, one businessman who had just deposited Rs10 lakh to make payments to suppliers fainted on hearing that his money was frozen.
When would such a draconian action be warranted that an administrator is appointed? Well, only if the accounts were totally fudged and its books cooked, like at Satyam Computers.
The Bank’s financials for the year ended 31 March 2019, certified by the statutory auditor, Lakdawala & Co, are excellent. It earned a net profit after tax of Rs99.69 crore and declared a dividend of 11%. Its non-performing assets (NPAs) are only 2.19%, doubtful assets are Rs26 crore and its statutory auditor’s report is squeaky clean. (See below). Is the report pure fiction? What are the dangerous ‘irregularities’ that warrant such drastic action?
All that the depositors know has come as two messages from the Bank’s managing director (MD), Joy Thomas, informing them that the Bank had been put ‘under regulatory restriction’ for six months, promising that all effort would be made to rectify irregularities and remove restrictions in that time. Another message assured depositors that their money is safe. Later in the day, the MD claimed to Zee Business that there was an issue with the Bank’s advances and they hoped to realise their assets.
How does this mild and benign statement warrant such harsh action that hurts customers and could even cause permanent damage to small businesses? Clearly, there is a lot more and the rumour mills on social media have been working overtime.
A business channel has reported that PMC Bank may have exposure to a tottering non-banking finance company (NBFC). However, a twitter-thread dating back to November 2018, probably, provides a more plausible clue.
It says that the notorious HDIL Ltd (Housing Development and Infrastructure Ltd), which has gone into liquidation, owns 1% of PMC Bank and that it has received loans on concessional terms from PMC Bank in the form of overdraft facilities (OD).
It further says that Ravi Jyot, a financial subsidiary of HDIL, has raised money on similar lenient terms from PMC Bank. Since HDIL filed for insolvency in August 2019, these dangerous OD facilities will end up as unsecured lending and could vanish. There could be others.
This realty company, with a shady reputation, has been in deep trouble for a while. An Economic Timesreport says that it has previously settled bankruptcy actions by Jammu & Kashmir Bank and Andhra Bank.
Can one realistically expect PMC Bank to be able to close out these irregular ODs and recover the money in six months? The RBI action indicates otherwise. With the HDIL before the NCLT (National Company Law Tribunal) and being run by a resolution professional, it is unlikely that the company will have any leeway to return PMC Bank’s money ahead of others. Given that the RBI has pressed the panic button and, literally, stopped all lending activity of the Bank, one can only assume the worst.
Ravi jyot (An old subsidary of HDIL) has also raised funds from PMC with similar lenient terms on their land reflecting the close ties of promoter group with the bank
15. The debt to equity ratio of the company is still low, albeit due to how inventory is accounted for. But that will allow PMC bank to issue debt at lenient terms to HDIL for a very long time and a lot of it. Refinancing old debt till projects go through should never be an issue
Assuming the HDIL connection is correct, until RBI or the Bank provide any clarity, we have no idea about the size of this exposure and whether it is large enough to wipe out the Bank.
However, the next day, on 25th September, Mumbai Mirror reported that exposure to HDIL is a massive Rs2,500 crore, which would certainly take the bank down. There is no official confirmation on this.
If true, this would make PMC Bank’s case similar to that of Madhavpura Mercantile Cooperative Bank, which was brought down by its dubious lending of over Rs800 crore toscamster Ketan Parekh in 2000-01. Despite all the efforts to save it, the Bank was finally liquidated and its licence cancelled in 2012. With elections around the corner, RBI had broken its own rules to release the Rs1 lakh per depositor that is insured by the Deposit Insurance and Credit Guarantee Corporation (DICGC) even before the Bank was liquidated.
One of RBI’s responsibilities is to ensure there is no run on the Bank through misinformation and worse. But the banking regulator is silent. Some senior journalists have been told that RBI alone is not responsible for the regulation of cooperative banks. They are under joint regulation of RBI and the registrar of cooperatives; neither bothers to do its job.
And, yet, there is a nice revolving door that allows senior RBI officials in the urban banks department to accepting lucrative consulting assignments with the very same cooperative banks that they supervised (or failed to supervise) after retirement.
These are accepted after a perfunctory two years and top central bankers turn a blind eye to it. Retired central bankers tell us that this is true of PMC Bank, too, and we know it is true of Bombay Mercantile Cooperative Bank.
The irony is that this Bank, under former chairman, the late Charanjit Singh Chadha, used to sponsor the MR Pai Foundation Awards, in the name of the crusader for bank depositors rights. The programmes have invariably had senior central bankers as chief guests as well as awardees.
PMC Bank had a high reputation for customer service. It was open 360 days a year and had a sharp focus on computerisation and digitisation. Many cooperative housing societies had their corpus and accounts with the Bank. A look at the annual report would show that it is a Sikh community bank, which means that it had a large number of traders and businesses as customers.
As trustees of Moneylife Foundation, a not-for-profit organisation engaged in spreading financial literacy, we have always emphasised that people should not keep their money with cooperative banks, except to the extent of Rs1 lakh which is covered by the DICGC.
The failure of one of the most reputed cooperative banks would only underline what we have been saying. Unfortunately, most depositors fail to understand the serious implications of poor regulatory accountability in India.
With elections round the corner in Maharashtra, it will be interesting to see whether RBI is again prevailed upon to bypass rules and release insurance. Or will it find a way to force those who enjoyed the ‘irregular’ advances to return the money?
The best way out will be to remove the incumbent management and find a quick buyer for the bank. Its size, past reputation of customer service and investment in technology will make it a good acquisition.
But it is important that RBI calms depositors and allows a quick deal, like it did with Global Trust Bank, which also collapsed in the Ketan Parekh scam. Once the bad loans are quantified, there should be a lot of interest in this Bank. It will ensure that no depositor or customer suffers a loss.
Restrictions imposed on PMC Bank
1. Withdrawals of only Rs1,000 per account, also account-holders who owe the Bank money will have it adjusted from their deposits. Term deposits can be rolled over on maturity in the same name.
2. PMC Bank cannot make any fresh loans, renew loans and advances or make any investment without prior RBI approval.
3. It cannot borrow funds, accept fresh deposits or disburse funds or incur any liabilities without RBI approval.
6. Regulatory restrictions will be in force for the next six months.
7. If account-holders have any liability towards the Bank, the amount in their Bank accounts will be first used to adjust the relevant borrowing account.
8. The Bank can make investments only in government-approved securities.
Those customers who have been making rounds of their bank to get back their hard-earned money after a failed transactions (usually in ATMs or online), here is a good news. The Reserve Bank of India (RBI) has asked all banks to pay a penalty of Rs100 per day for the delay in crediting money in customer's account after a failed transaction.
"It has been observed that a large number of customer complaints emanate on account of unsuccessful or ‘failed’ transactions. Wherever financial compensation is involved, the same should be effected to the customer’s account suo moto, without waiting for a complaint or claim from the customer. Customers who do not get the benefit of redress of the failure as defined in the turn around time (TAT), can register a complaint to the Banking Ombudsman of RBI," the central bank said in a notification.
However, these directions are applicable only for domestic transactions or where both the originator and beneficiary are within India.
A ‘failed transaction’ is one that has not been completed due to any reason not attributable to the customer, such as failure in communication links, non-availability of cash in an automated teller machine (ATM) and time-out of sessions. Failed transactions also include credits, which could not be effected to the beneficiary account due to lack of full information or lack of proper information and delay in initiating a reversal transaction.
For failed transactions like cash not dispensed from ATMs, RBI has asked banks to auto-reverse the transactions within transaction date (T)+5 days. For any delay after this period, the banks is mandated to pay a compensation of Rs100 per day to the customer, automatically.
At the same time, for several online transactions, like card to card transfer, immediate payment system (IMPS), unified payments interface (UPI), Aadhaar payment bridge system (APBS), National Automated Clearing House (NACH) and prepaid payment instruments (PPIs) including cards and wallets, the banks are mandated to reverse the transaction within T+1 days.
Here is the list of transactions, its TAT and compensation to be paid to customer...