Rajaram Ajgaonkar
CA.
The Debt Trap
Money lending is one of the oldest businesses in the world.
In the early days there were certain communities, which were considered to be
specialized in money lending. They had means to lend, smartness to secure the
lending and ability to recover the debt. Some of the communities, which have
become well known for money lending are Jewish, Sindhis, Marwadis and Pathans.
Though money lending was a service to the society, the atrocities of many of the
lenders had made the service providers infamous. Islam considered money lending
as a non-desirable practice. Historically money lending was unwanted; but was
patronized by people as it was very helpful in an emergency. Many a moneylenders
acted fraudulently due to greed causing a great disrespect and even hatred
towards one of the most essential economic services.
The times have changed. The role of traditional moneylenders
has been taken over by sophisticated bankers. They are very savvy, qualified and
governed by rules and regulations. They make proper disclosures to the borrowers
and all the terms and conditions are properly documented. They try to educate
and give good service to the borrower. The type of atrocities which were faced
by traditional borrowers from moneylenders has changed; but now new problems
have emerged. There is sophistication in the system; but defaults by borrowers
are rampant. The defaults lead to obvious painful actions of recovery, which
always cause anxiety, loss of face and even unbearable stress for the borrower.
This has resulted in extreme actions such as suicides and attempts to suicide by
a few borrowers in distress. The primary cause of this extreme happening is
greed and all the constituents should be blamed for the same.
As the banks are keen on doing more business aggressively,
they are inducing people to borrow. As people and their families are keen to
have all the luxuries and facilities in life without accumulating adequate
savings, they are ready to borrow to the fullest extent of their estimated
repayment capacities. When there is slight imbalance in the family budget due to
some unforeseen circumstances such as sickness, arrival of guests etc., the
whole family budget may get upset and the default may start. A default may start
also due to loss of job or ill health of the bread earner. Once the default
starts, the defaulter becomes liable to pay even high penal interest and charges
such as check bouncing charges. The financially stretched borrower may not have
adequate income or asset backing to fulfil his obligations though initially
agreed. He further falls in the pit of larger liability, which can cause more
miseries to him and his family. This can cause stress and trauma, which is
mainly the effect of over leveraging one’s repayment capacity. It is essential
for a borrower to calculate his repayment ability and also to look at his
financial soundness to wither any unforeseen expenses before he borrows money,
especially for consumption. There has to be an adequate contingency provided in
the monthly budget by a borrower. If not, the debt trap is inevitable in many a
cases.
It has to be understood by a borrower that today’s lenders
are target driven. They are aggressive and are flushed with funds. If the
borrower succumbs to their offer and borrows money, especially for consumption
related spending, a situation may arise that he may not be able to repay his
monthly installment. A borrower should not expect the lender to be soft with him
in case of a default for a long period. The lender is not in the business to
forego his money, and in case of a default, he is bound to exercise pressure on
the borrower. To avoid pressures, trauma and loss of face caused by such
situations, it is very essential that the borrowers live within their means.
Loans are available now even without asking for. It must be understood that
today, borrowing is easy; but repayment is not necessarily so.
In recent days, we have read a number of stories about the
atrocities committed for recovery by various banks and their collection agents.
They were criticized and were also subject to penalties for using excessive
pressure on the borrowers. Considering the large number of borrowers which run
into millions, such cases cannot be considered as a practice; but they can be
only one of incidences. I believe that they are rare exceptions. If the
Government exercises undue pressure on lender banks due to populist approach,
the banking industry will suffer. It should be understood that money cannot be
easily recovered by only sweet talks.
The boom in consumer lending has enormously helped Indian
economy. Availability of easy loans and credit has increased consumer demand
substantially, which has given a boost to Indian industries and even the service
sector. If, due to the adverse publicity or unreasonable rules for collection
process the consumer lending slows down, it can create substantial harm to
Indian consumers, industry and thus to the economy. In rare cases of excessive
use of pressure, proper action may be taken after appropriate investigation by
the regulators. However, to treat the lender who follows up for collection of
his money as a bad man, can be disastrous for the economy.
A consumer has to plan his affairs well before borrowing
various types of bank loans or availing credit through credit card facilities.
Typically, housing loans are long term, whereas consumer / personal loans are
short term. The credit card credit is also a type of short term loan, which is
needed to be paid in installments. A borrower needs to clearly understand that
for a lender, consumer loans are expensive to administer and hard to recover. A
borrower has to pay high interest cost to get such loans and the cost can be
still higher in case of default. A borrower needs to calculate his post of tax
minimum income for a month, reduce the monthly normal expenditure from the same
and work out the net, which is his monthly savings. Only the savings can be
considered for repayment of Equated Monthly Installments (EMIs) of loans to be
taken. Further considering the contingency in expenditure, a borrower should not
have liability of EMI, which is more than 60% of his savings. Contingent income
such as bonus, incentive, etc. should not be counted while budgeting EMI, if
they are not certain. A margin has to be kept for unexpected expenses, which are
generally not budgeted. Such expenditure is bound to crop up in some or the
other form, though it is uncertain as regards its timing. If the borrower is
careful and can clearly calculate his repayment ability, risk of default can be
reduced substantially.
It is always essential for a borrower to read the documents
required to be signed by him before borrowing, though they look long and
tedious. They may contain some clauses, which can change the whole economics of
the loan under certain circumstances and can create risk of default and
humiliation. It is only due to enthusiastic borrowers and over enthusiastic
lenders that the major defaults such as sub-prime mortgage defaults in USA can
happen in any economy and such a situation is needed to be avoided with a
balanced approach to have a smooth sailing. Educating the borrowers and
restraining the lender has become the need of the hour.