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Analysis of Hire Purchase PDF
Analysis of Hire Purchase PDF
An Analysis
of Hire Purchase system in NBFCs with reference to Shriram
Investments Ltd
CHETHAN G
Reg.No. 03XQCM6023
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
DECLARATION
I hereby declare that this project work embodied in this dissertation entitled “An
analysis of hire purchase in NBFCs with reference to shriram investments ltd”
Has been carried out by me under the guidance and supervision of Prof. N S
Vishwanath, M.P.B.I.M Bangalore.
I also declare that this dissertation has not been submitted to any
University/Institution for the award of any Degree/Diploma.
Place: Bangalore
Chethan
Date:
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
CERTIFICATE
I also certify that she has fulfilled all the requirements under the
covenant governing the submission of dissertation to the Bangalore
University for the award of M.B.A Degree.
Date: M.P.B.I.M
Bangalore – 560001
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
CERTIFICATE
Place: Bangalore
(Dr. N.S. Malavalli)
Date: PRINCIPAL
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
ACKNOWLEDGEMENT
I would like to thank all the personnel of ITC LTD for their
cooperation and for providing the relevant data required. Last but not
the least; I would also like to thank my family and friends for their
support and encouragement throughout the project.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
CHAPTER I
INT
NTRRODUCTION
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
Hire purchase agreement is the one under which the owner hires the
goods to the hirer, giving the hirer the option to purchase the goods. On the other
hand, when the person borrows money and pays it to the vendor, transaction
between the customer and the lender will be a loan transaction in a hire purchase
himself the owner and with a view to finance his purchase, he enters into an
A hire purchase agreement may in substance be a loan transaction and the label
finance company for purchase of vehicle and the vehicle was purchased in the
name of the customer and the ownership was with the customer only and the
intension of the parties was only to secure payments and the agreement in the
finance agreement.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
CHAPTER II
BACKGRO
ROUUND OF THE
S TU D Y
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
Hire purchase System is a mode of financing the price of the goods to be sold
on a future date. In Hire purchase Transaction, the goods are let on hire, the
purchase price is to be paid in installments and the hirer is allowed an option to
purchase the goods by paying all the installments. Hire purchase Agreement is
defined as a peculiar kind of transaction in which the goods are let on hire with
an option to the hirer to purchase them, under the following stipulations.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
Basically there are two parties in the Hire purchase Contract viz., the
intending seller and the intending buyer or the hirer. Nowadays, Hire purchase
Contract generally involves three parties, namely, the seller, the financier and
the hirer. With the emergence of the finance function as a separate business
activity and the substantial growth of finance companies in the recent tunes, the
sale element in the Hire purchase Contract has been divorced from the finance
element. A deal now normally arranges Hire purchase Agreement through the
finance company with the customer. It is therefore a Tripartite Deal.
A Tripartite Hire purchase Contract is arranged with the following modalities.
1. The dealer contracts a finance company to finance hire purchase deals
submitted by him. For this purpose they enter into a contract drawing out
the term warranties that the dealer gives with each transaction, etc.
2. The customer selects the goods and expresses his desire to acquire them
on purchase. The dealer arranges for him the full set of documents to be
completed, to make the Hire purchase Contract. The documents are
generally printed by the finance company.
3. The customer then makes cash down payment on completing the proposal
form. The dealer generally retains the down payment as a payment on
account of the price to be paid to him by the company.
4. The dealer then sends the documents to the finance company requesting
them purchase the goods and accept the Hire purchase Transaction.
5. The finance company; if it decides to accept the transaction signs the
agreement and sends a copy to the hirer along with the instructions as to
the payment to the installments. The finance company also notifies the
same to the dealer and also him to delivery the goods, if he has not
already done it.
6. The dealer delivery the goods to the hirer against acknowledgement and
the property in the goods pass on to the finance company.
7. The hirer makes payment of the hire purchase installment periodically.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
8. On the completion of the term, the hirer pays the last installment and the
property in the goods passes to him on the issue of a completion certificate by
the finance company.
Balance of Hire purchase Rebate = 2/38 * price not due yet / Hire purchase
Price* Hire purchase Price - Cash price
The right of the hirer cannot be taken away by an agreement to the contrary.
How ever, where the agreement provides for a higher rebate, the hirer is entitled
to it.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
• To appropriate payments
Where the hirer is required to pay several the hire purchase installments
under two or more agreements to the same owner, and he makes a payments
not sufficient to discharge the total amount when due under all the
agreements, he may appropriate the payment to such agreements.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
The owner has the right to terminate the agreement in the following cases:
• When the hirer fails to make the payment of more than one hire installments,
the owner may terminate the agreement after giving the hirer the notice in
writing. The notice should not be less than one week, where the hire purchase
installment is payable at weekly or lesser intervals and two weeks in any
other case.
• When the hirer makes any unauthorized of the goods or breaks an express
condition of the agreement, on the breach of which the owner becomes
entitled to terminate the agreement. The owner may terminate the agreement
after giving the hirer the notice in writing.
To retain hire:
The owner has right to retain the hire, which has already been paid, and to
recover the arrears due up to the date of termination. This is however, subject to
the hirers’ right to refund in case of the seizure of the goods.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
Leasing and Hire purchase are usually used by business to acquire plant and
equipment for use in creating the business's cash flow. Business Asset Finance
can be used for cars, trucks, machinery, office equipment, computer hardware,
office furniture and other plant and equipment, which are considered physical
assets to the business.
A lease purchase is essentially the same as HP; the main difference is in the
terms and structure of repayments. Some finance companies differentiate Lease
Purchase from Hire Purchase by using it where the customer wishes to defer
payment of a substantial part of the asset cost until the end of the agreement.
Hire purchase also, sometimes called Lease Purchase, the operation of such a
contract is very similar to Lease. Payments are made at an agreed rate and for an
agreed duration, but the important difference is that ownership of the asset does
pass to the customer. For the slightly higher risk to the hirer, the costs are
somewhat higher.
On the other hand, leasing, a product of the eighties found its application mainly
to plant and machinery. Historical reasons as to this identification of leasing with
machinery segment, and Hire Purchase with the vehicles segment, have ceased
to exist over time, and the distinction between the two is very often blurred in
practice
The lessee cannot claim depreciation and investment allowance but the hirer can
do it.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
This is the most common type of credit agreement. Under credit sale you buy the
goods at the cash price. You usually have to pay interest but some traders offer
interest-free credit. Repayment is made in installments. You are the legal owner
of the goods as soon as the contract is made and the goods cannot be returned if
you change your mind. The seller cannot repossess the goods if you fall behind
in repayments but the seller can seek recovery of the money owed through the
courts. Credit sale/loan agreements are now more common than hire purchase
agreements and it is important not to confuse the two.
Under a hire purchase (HP) agreements, you are technically hiring goods until
you pay the final installment. You will not own the goods until then. This means
that you can end the agreements and return the goods at any time. However, you
will have to pay off any overdue installments and, if less than half of the total
price has been paid, you may also have to pay the difference.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
There are some non-fund/ fee based activities of NBFCs. They are:
¾Merchant banking
¾Corporate advisory
¾Stock broking
¾Syndication of loans
¾Underwriting of shares and debentures
NBFCs are registered under the companies act. They are governed by the
guidelines of the RBI.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
¾Credit rating
¾Reporting to RBI
¾Furnishing of half yearly return
¾Prohibition of loan against it own shares
¾Concentration on credit and investments
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
CHAPTER III
DESIGN OF THE STUDY
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
To know the details regarding the procedure of the hire purchase transaction,
with reference to the statement of the problem of the project.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
CHAPTER IV
REVIEW OF LITERATURE
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
The deposit acceptance limit for unrated HPLCs was prescribed in 1998
following the recommendations of the Task Force on NBFCs, with a clear
understanding that the limit would be reviewed in the light of regulatory
experience over such companies, said Mr. Mahesh Thakkar, Executive Director
of ALFS.
The level of confidence enjoyed by HPLCs today, according to him, is far more
than what it was in 1998. It is high time the RBI gave some relief to the well-run
HPLCs, which have survived the turmoil in this sector in the last three years, he
pointed out.
ALFS is of the view that with all other sources of funding drying up, public
deposits raised by these companies through their clean track record and
personalised service is the only mode of funding available.
Pointing out that the Deferred Tax accounting standard, under AS-22, now made
mandatory by ICAI, has had a severe impact on leasing companies, the
association has stated that even in a country like Pakistan, deferred tax
accounting was mandatory for all except leasing companies. ALFS has urged the
RBI to give NBFCs a time-frame of at least five years to absorb the impact of
this standard on the net owned funds of the NBFCs.
support in repossessing assets cannot be provided in the absence of any clear law
on this.
On the Bill to amend the proposed creation and enforcement of security interest
by banks and FIs, it is suggested that the committee under Mr M.R.Umarji
(which drafted the Bill) does not include HP/Leasing activities on the grounds
that these were "title retention contracts and do not involve security interest
creation".
The association has sought insertion of a new clause in the Bill, saying "Hire
purchase/leasing contracts being title retention contracts, give full authority to
HPLCs to reposess any asset given under HP/Lease agreement, in case of
default."
Welcoming the report of the Indian Bank Association (IBS) Working Group on
financing for purchase of vehicles through HPLCs, under the chairmanship of
Mr R.V. Shastri, ALFS has stated that while the recommendations have been
accepted by the Ministry of Finance and the RBI, the commercial banks were yet
to start implementing these in practice.
The apex bank has been urged to instruct banks to start considering proposals
from the NBFC sector for on-lending to the commercial vehicles sector.
(Source: Business Line dated 26th April, 2002 and The Hindu Group of Publications)
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
CHAPTER V
RESEA
EARRCH DESIGN
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
PRIMARY DATA
Personal interview and discussion with the officials of the company
SECONDARY DATA
This is vast and abundant. The major sources are text books, journals and articles
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
¾HIRE " means the sum payable periodically by the hirer under Hire Purchase
agreement
o HIRE PURCHASE PRICE" means the total sum payable by the hirer
under a Hire Purchase agreement in order to complete the purchase of, or the
acquisition of property in, the goods to which the agreement relates and
includes any sum so payable by the hirer under Hire Purchase agreement by
way of a deposit other initial payment, or credited or to be credited to him
under such agreement on account of any such deposit or payment, whether
that sum is to be a or has been paid to the owner or to any other person or is
to be or has been discharged by payment or money or by transfer or delivery
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
of goods or by any other means but does not include any sum payable as a
penalty or as compensation or damages for a breach of the agreement.
o HIRER" means the person who obtains or has obtained possession of goods
from an owner under a HIRE PURCHASE agreement, and includes a person
to whom the hirer’s rights or liabilities under the a greement have passed by
assignment or by operation of law.
o "OWNER" means the person who lets or has let, delivers or has delivered
possession of goods, to a hirer under a HIRE PURCHASE agreement and
includes a person to whom the owners property in the goods or any of the
owners rights or liabilities under the agreement has passed by assignment or
by operation of law.
o “SALE LETTER” is a letter, which can be made use by the owner at the
time of termination by default by the hirer to resell the vehicle in order to
recover the loss amount.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
CHAPTER VI
PROFILE OF THE
INDUSTRY
NDU
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
The fluctuations in the freight market are not violent. And, the mobility of
the asset, coupled with an efficient intermediary system, make it possible for
operators to shift vehicles from sluggish freight markets to more buoyant ones.
This mobility provides the operator's economics with a stability that reduces
lending risks for financiers to the trucking business.
Cases of irrecoverable capital loss are quite rare in the truck finance
business because, typically, the operator himself contributors 30% to 40% of the
capital cost of the vehicle, while the financier has a claim on the entire value of
the asset. By close monitoring of the debt servicing efficiency of the operator, it
is almost always possible to terminate the contract and recover dues from the
disposal of the vehicle.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
Because of the steady rise in the capital cost of new commercial vehicles,
the market for used vehicles also acquires stable buoyancy. As a result, the
financier in the truck financing business is in the comfortable position of owning
a collateral asset, which has a steady realizable value while the amount
outstanding against its hypothecation comes down with every installment
received.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
CHAPTER VII
PROFILE OF THE
ORGANIZATION
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
SERVICES:
The Shriram Group is recognised for its comprehensive range of financial
and non-financial services. The efficiency and promptness of their service is
among the best in the industry. The following are the services they offer.
FINANCIAL SERVICES
Established in 1974, the financial service companies of the Shriram
Group are major players in Truck Financing, Chit Funds, Consumer Durable
Financing, Merchant Banking and Mutual Funds.
• Truck Financing
• Chit Fund
• Investment Services
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
NON-FINANCIAL AREAS
Today, Shriram is an emerging force in diverse fields – in
pharmaceuticals and auto ancillaries, transportation and property development,
project engineering and packaging. Offering a wide range of products – from oil
seals to shock absorbers to edible oils – to Indian and international markets.
The products manufactured by the Group Companies could be grouped into the
following categories:
• Auto Ancillaries
• Pharmaceuticals
• Consumer Product
NETWORK :
The Shriram Group, which started off as a single operation in a small
town, just two decades ago, has today emerged to be a multi-dimensional, multi-
locational corporate with more than 300 offices situated across the country.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
CHAPTER VIII
ANALYSIS AND
INTERPRETATION
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
These Branches also manage a huge truck portfolio for Citigroup, UTI
Bank and other Banks, exceeding Rs.500 crores (US$ 107million).
Price Waterhouse Coopers, the globally acclaimed management
accountants, audited and certified that the Group’s Truck Financing Companies
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
“earn a bad-debt adjusted return of 27.6% on the funds employed” and have
achieved a collection efficiency of 98%.
With its trained manpower and a huge database of customers, the Shriram Group
helps deploy and manage roughly Rs.2, 000 crores (US$ 425 million) in truck
finance, annually. There is no better place to park your hard-earned money, for
safe and high return. And in the process, salute the “unsung heroes of the Indian
Economy”.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
140
120
No. of Branches 100
80
60
40
20
0
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
Years
The no. of branches of SIL in truck financing increased considerably over the
years the last three to four a years there isn’t any increase in the no. of branches
of SIL.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
90000
80000
70000
No of Trucks Financed
60000
50000
40000
30000
20000
10000
0
1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003
Years
From the above graph it is evident that there is a significant increase in the
number of trucks financed. From the year 1998 the trucks finance sector in SIL
increased very rapidly.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
1600000
1400000
No of deposit holders
1200000
1000000
800000
600000
400000
200000
0
92
93
94
95
96
97
98
99
00
01
02
03
19
19
19
19
19
19
19
19
20
20
20
20
Years
As the number of trucks financed increased the public were more and more
willing to have a stake in the company thus increasing over the years
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
CHAPTER IX
THE PROCEDURE
OF HIRE
PURCHASING IN SIL
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
Shriram basically finances the old vehicles through their own funds,
which they have acquired through the deposits issued to the public, through
which they invest in the company.
Debentures / Bonds which are of various tenors ranging from 1 year to 10 years
and usually non cumulative in nature with different interest rates higher
comparative to other companies. The different type of debentures issued to the
public with their respective interest rates are as here under
• GROWTH BOND
• HAPPY BOND
• PRINCESS BOND
• PROTECTION BOND
• STRAIGHT BOND
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
Shriram also has financial tie-ups with many major banking institutions for
financing both used and new vehicles. Some of these institutions are as follows:
Citicorp Finance India Limited
Karnataka State Finance Corporation
Unit Trust of India Bank
Mangalore Catholic Christian Bank
Reddi Co-operative Bank
Bank of India
These banks finance the prospective customer through Shriram who plays the
role of financier and the power of attorney vests with Shriram investments
limited
LENDING OF FUNDS:
The funds thus collected through debentures are used to finance the customers
who are interested in owning a commercial vehicle under the hire purchase
system by the company.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
HIRER: Here the small operators, small commercial owners who wish to
own commercial vehicles are the hirers
Sanction Stage
The divisional manager in charge for the branch with the help of the Zonal
officer under the supervision of regional heads sanctions the lending amount to
the branch, which is the limit a branch, can lend to the customer for a particular
period of time as per the rules and regulations of the company.
Proposal Stage
The interested customer visits the nearby branch with a proposal and a quotation
of the vehicle, the field officer investigates the vehicle. He prepares an
inspection report, which contains the report and details of the vehicles, condition
of the vehicle. Customer contact verification is done, the company-investigating
officers do enquiries, and customer credit worthiness is determined on the basis
of the details given by the references. The customer should also produce a
guarantor who is a transporter. The customer has to produce the photograph of
the vehicle, himself and the guarantor, which would hold as a document to the
agreement. After both the parties the customer and the guarantor signs the
agreement, it would be approved by the branch manager if found worth and the
hirer has to have endorsed in the RC book with the regional transport office that
the vehicle is under Hire purchase3 agreement with the company.
Shriram identifies the prospective hirer and the guarantor. After verifying all the
necessary requirements of both the parties, it decides the value of the vehicle
based on current market value and the condition of the vehicle.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
Funding amount:
415000
60% Rs.250000/-
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
Advance Stage
The branch manager sends the proposal (list of invoices with hirers' details and
agreement Nos., etc) to the divisional manager for the approval and if approved
by divisional manager, he sends a demand draft of Rs.2, 50,000/- to the branch
in favour of the seller as the case may be. The branch manager sends the DD to
seller. The branch manager also finalizes the repayment schedule with the hirer
as required by the company.
The documents are later sent to the zonal manager for the reimbursement of
funds to the divisional office. The zonal manager responsible for accounting
makes the reimbursement on the verification of the documents.
Collection Stage
Shriram collects the monthly installments from the hirer and issues a receipt to
the hirer with the help of its field officers responsible for the same. The
installment period stats from the day of funding as in the DD issued. the loan
amount includes the advanced amount , interest part , insurance premium for all
the years of agreement excluding the first year.
As per the case the loan amount and monthly installments would be as follows :
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
Tenor 36 months
Note: The insurance premium of the first year is considered to be paid by the
customer himself.
= 250000 * 15/100 * 3
= Rs.1,12,500/-
Insurance Premium
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
3, 82,500/-
TOTAL LOAN
AMOUNT
= 3,82,500 / 36
The customer will receive a repayment schedule from the company which
contains the following:
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
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M P BIRLA INSTITUTE OF MANAGEMENT
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Non-performing Assets
The field officer monitors the arrears position of each hirer. When the arrears are
more than 3 EMIs, the company with the help of the higher officials takes an
action against the hirer. First the company will send a notice to the hirer, if he
does not respond back, the company will deposit the post-dated cheques issued
by the hirer at the time of agreement to the bank for collection. If the cheque
bounces, the company would sue the customer with two cases namely,
• Cheating case
• Cheque bounce case
The company will repossess the vehicle from the customer and have the control
over the vehicle to recover the amount by giving the customer a notice as per the
legal procedures of the company. Then, the company would finally sell the
vehicle through auction. In case the amount recovered by selling the vehicle is
not balanced with the amount due, then they would approach the hirer legally to
recover the balance amount
¾Termination of agreements
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
CHAPTER X
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
GUARANTEE
Guarantor is the very important and the third party to the agreement. He acts as a
security to the hirer or the agreement.
As per the agreement in case of the owner hiring out the vehicle to the hirer,
guarantor agrees to fulfill all the obligations or responsibilities to be done by the
hirer in case he fails to do so.
The guarantor shall stand discharged of his obligations as the owner receives all
amounts due owing and payable to the owner in pursuance of the agreement.
He agrees that he shall be in full force and will be valid till the complete
discharge of all liabilities of the hirer under this agreement
SCHEDULE OF PAYMENT
The hirer pays the said sum in equal installments, which are known as hire
purchase installments. Which are known as hire purchase installments and at the
end he is required to pay Re.1 with an option to buy the vehicle.
The owner or the person authorized by the owner has a right to inspect the
vehicle any time during the agreement period. Under the hire purchase
agreement the owner shall be absolutely entitled and have full power and
authority to sell, assign or transfer his rights to the third party of his choice and
the hirer is bind to accept such third party as creditor.
The hirer would also sign a blank transfer letter, which would help the owner in
repossessing the vehicle and transferring registration in his name at the time of
termination by default to use it when necessary.
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M P BIRLA INSTITUTE OF MANAGEMENT
An Analysis of Hire Purchase In NBFC Sector
As per the agreement, the hirer agrees to take and the owner agrees to let or hire
the motor vehicle from the vehicle as per the rental schedule.
With regards to the ownership of the vehicle, the hirer holds the motor vehicle as
a bailee of the owner and he shall not have any right, title or interest in the motor
vehicle.
The hirer cannot sell, transfer, assign, sublet, pledge, hypothecate the vehicle to
others or not even allow the 3rd person to use the vehicle without the consent of
the owner. The hirer shall be entitled to the manufacturers warranty benefits and
in the event of any defect in the vehicle he can directly take recourse against the
manufacturer directly as per the warranty of the manufacturer. Though the
ownership lies with the owner, the owner shall not be held responsible for any
repair, service or defects in the MV or the operation thereof.
TERMINATION BY DEFAULT
The agreement can be terminated by the owner as the hirer committing an act of
default like.
• The hirer fails to pay the installments as the required due date.
• To inform the owner about the accident occurred for more than 48 hours
which would have caused damage to the motor vehicle itself or some
other person or property.
• If the hirer is using the vehicle for any other purpose than stated in the
agreement or any other illegal purpose.
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The owner has right to repossess the vehicle upon the termination of the
agreement the hirer shall be liable to pay the owner all the arrears of the HP
installments and other changes along with the penalty as overdue payments and
all the costs incurred by the owner in repossession and the expenditure incurred
by the owner in putting the vehicle in paid.
THE SCHEME:
The Shriram Investments Limited will keep accounts for the individual operator.
The Shriram Investments Limited will give monthly statements to the bank, if
required by the bank.
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Documentation
The documentation will be between the operator and the bank. However power
of attorney will have to be given to the Shriram Investments Limited by the bank
to cover the following
• Collection and issue of receipts
• Repossession of vehicles in case of defaults
• Formalities with RTO
Custodian for documents can be appointed to monitor status of accounts and
security, if required, at bank's cost.
NPAs
Contracts with more than 4 EMIS outstanding will be considered as NPAS. The
Shriram Investments Limited will make an early settlement with respect to the
NPA contracts within a month and take over the same
DOCUMENTS TO BE SIGNED
The hirer along with the guarantor has to duly sign the following documents.
• Demand Promissory note: which shows or contains the details of the total
amount along with the interest payable due from the hirer to the owner as
per the agreement.
• Sale Letter: a letter, which can be made use by the owner at the time of
termination by default by the hirer to resell the vehicle in order to recover
the loss amount.
• The hire purchase cum guarantee agreement, which contains all the terms,
and conditions of the contract to be accepted by the hirer and the
guarantor which they are expected to accept to enter the contract.
• The hirer has to sign the following RTO forms for the respective reasons
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¾Form 20: this form is used for the registration of the vehicle as per
the rule 47
¾Form 29: Application for name transfer
¾Form 30: Application for intimation of transfer of ownership of
motor vehicle.
¾Form 35: Notice of termination of an agreement of Hp as per rule
61(1)
¾Form 26: Application for the issue of duplicate certificate of
registration as per rule 53
¾Form ACC: Application for the surrender of permit and the
clearance certificate as per rule 204.
¾Form 27: Application for assignment of new registration mark to a
motor vehicle (as per rule 54)
¾Form 33: Intimation of the change of address recording in the RC
and office records (as per rule 59)
NOTE : All the above forms should be done in duplicate if the
vehicle is held under the agreement of HP and the duplicate with
endorsement of the registering authority to be returned to the
financier
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CHAPTER XI
CON
CO NCLUSI
SIO
ON
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CHAPTER XII
SUGGE
GESSTIONS AND
RECOMM
MMEENDATIONS
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CHAPTER XIII
BIBLIOGRAPHY
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13. Bibliography
Books
Websites
www.google.com
www.shriram.com
www.blonnet.com
www.hinduonline.com
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