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Loans & EMI

Penal Charges Not Disclosed in Loan Agreement

Your lender has charged you penal interest or penal charges for a missed EMI or default that were not clearly disclosed in your loan agreement, or are being charged on the entire loan amount instead of just the overdue portion.

Applies to: All banks and NBFCsRBI/2023-24/50 — Penal Charges in Loan Accounts (effective April 1, 2024)

⚖️Your Rights Under RBI Regulations

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As of April 1, 2024, penal charges must be levied only on the overdue amount — not on the entire outstanding loan balance.

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Penal charges cannot be capitalised — they cannot be added to the principal and then attract further interest.

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All penal charges must be prominently disclosed in the loan agreement, Key Fact Statement, and sanction letter.

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Regulated entities cannot levy penal charges in the name of "penal interest" — it must be a flat fee on overdue amount only.

💰 What You Can Recover

Refund of all penal charges that were undisclosed or calculated on the wrong base (entire loan vs overdue amount).

⏱ Response Deadline

30 days for written complaint response.

📋Step-by-Step — What to Do

1

Review your loan agreement, sanction letter, and Key Fact Statement for penal charge disclosures.

2

Calculate the correct penal charge (on overdue amount only) versus what was actually charged.

3

Write to the lender with specific charge dates and amounts, citing RBI/2023-24/50.

4

Escalate to Nodal Officer then RBI Ombudsman if unresolved.

🏛 Where to Escalate If Bank Doesn't Respond

RBI Integrated Ombudsman — cms.rbi.org.in

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Governing RBI Circular
RBI/2023-24/50 — Penal Charges in Loan Accounts (effective April 1, 2024)
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