Specialist in Indian Banking and Economic Research

Hemindra Hazari

Is a Securities & Exchange Board of India (SEBI) registered research analyst with over 25 years experience in the Indian capital markets with a specialization in banking and economy research and has managerial experience of establishing profitable equities business, leading and mentoring analysts.  He has worked with prominent foreign and domestic capital market firms such as UBS, Societe Generale, HSBC, ASK Raymond James  and Karvy Stock  Broking and is a regular guest on business media channels and is respected for his non-consensus view on stocks and the market.

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Deafening Silence from Media and Sell-Side on HDFC Bank’s ‘Processing Fee’ Scandal

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This analyst’s <a href="https://hemindrahazari.com/2021/09/24/deafening-silence-from-media-and-sell-side-on-hdfc-banks-processing-fee-scandal/" target="_blank" rel="noopener">research</a> note on September 24, 2021 highlighted <a href="https://www.smartkarma.com/entities/hdfc-bank-ltd-4b6b7a92-9087-468d-9dbe-ab169e77f014" target="_blank" data-smartkarma-citation="entities:558:1" rel="noopener">HDFC Bank (HDFCB IN)</a>’s disturbing practice of extracting ‘processing fees’ from prospective customers who applied for loans using false/fabricated documents. Following this, the media finally woke up (<a href="https://www.livemint.com/industry/banking/hdfc-bank-didn-t-flag-forgery-whistleblower-11632939515803.html?utm_source=share&amp;utm_medium=social&amp;utm_campaign=share_via_web" target="_blank" rel="noopener">here</a> and <a href="https://www.bloombergquint.com/business/the-curious-case-of-hdfc-banks-penalties-on-fraudulent-loan-applications" target="_blank" rel="noopener">here</a>) from their self-induced slumber. HDFC Bank was forced to issue a <a href="https://timesofindia.indiatimes.com/business/india-business/no-fee-refund-for-fraud-loan-applications-hdfc-bank/articleshow/86695841.cms" target="_blank" rel="noopener">media statement</a>  on October 1, 2021 wherein it justified levying processing fees, citing the additional due diligence required when loan applicants submitted “discrepant/suspected documents”. HDFC Bank also claimed that the bank filed police complaints in a “number of cases” where the processing cost was levied.  The bank also explicitly stated that the fees were not for closing the case. There are some issues with HDFC Bank’s clarification to the media:<ol style="list-style-type: lower-roman;">
<li>
The statement by HDFC Bank has not been published as a <a href="https://www.hdfcbank.com/personal/about-us/news-room/press-release" target="_blank" rel="noopener">press release</a>, nor has it been informed to the stock exchanges, which would have been the proper procedure. It has been given to select media agencies and to those analysts who have specifically requested it. This is unfortunate, as it is an important clarification, which required that it be publicly disclosed.
</li>
<li>Most Indian banks do not levy fees for rejecting a loan application where false documentation has been detected.  It is also unlikely that a person who was not a customer of the bank would voluntarily agree to pay a processing fee to a bank which has rejected his/her loan application.</li>
<li>There is no specific mention in HDFC Bank’s statement to the effect that Income Tax authorities had been informed in cases where fake Permanent Account cards (PAN) and dual PAN were submitted by prospective customers applying for a loan. The bank has specifically mentioned that internal and industry databases were updated and the police were informed.</li>
<li>HDFC Bank had earlier informed this analyst that it had recently stopped levying processing fees for false documentation. If the bank’s practice was legitimate and conformed to the law why did it discontinue the practice soon after the whistle blower raised these allegations?</li>
</ol>These questions can only be answered by a thorough investigation by the Reserve Bank of India (RBI) and by the Income Tax authorities to determine whether HDFC Bank was indulging in unfair practices, and whether loan applicants who were not HDFC Bank customers were voluntarily paying the “processing fees”.It is important for the regulator and for stakeholders to examine HDFC Bank’s significant fee income and the practices and policies that are driving it. HDFC Bank should not suffer the fate that befell <a href="https://www.smartkarma.com/entities/wells-fargo-co" target="_blank" data-smartkarma-citation="entities:232:1" rel="noopener">Wells Fargo &amp; Co (WFC US)</a>.

This analyst’s research note on September 24, 2021 highlighted HDFC Bank (HDFCB IN)’s disturbing practice of extracting ‘processing fees’ from prospective customers who applied for loans using false/fabricated documents. Following this, the media finally woke up (here and here) from their self-induced slumber. HDFC Bank was forced to issue a media statement  on October 1, 2021 wherein it justified levying processing fees, citing the additional due diligence required when loan applicants submitted “discrepant/suspected documents”. HDFC Bank also claimed that the bank filed police complaints in a “number of cases” where the processing cost was levied.  The bank also explicitly stated that the fees were not for closing the case. There are some issues with HDFC Bank’s clarification to the media:

The statement by HDFC Bank has not been published as a press release, nor has it been informed to the stock exchanges, which would have been the proper procedure. It has been given to select media agencies and to those analysts who have specifically requested it. This is unfortunate, as it is an important clarification, which required that it be publicly disclosed.

Most Indian banks do not levy fees for rejecting a loan application where false documentation has been detected.  It is also unlikely that a person who was not a customer of the bank would voluntarily agree to pay a processing fee to a bank which has rejected his/her loan application.
There is no specific mention in HDFC Bank’s statement to the effect that Income Tax authorities had been informed in cases where fake Permanent Account cards (PAN) and dual PAN were submitted by prospective customers applying for a loan. The bank has specifically mentioned that internal and industry databases were updated and the police were informed.
HDFC Bank had earlier informed this analyst that it had recently stopped levying processing fees for false documentation. If the bank’s practice was legitimate and conformed to the law why did it discontinue the practice soon after the whistle blower raised these allegations?
These questions can only be answered by a thorough investigation by the Reserve Bank of India (RBI) and by the Income Tax authorities to determine whether HDFC Bank was indulging in unfair practices, and whether loan applicants who were not HDFC Bank customers were voluntarily paying the “processing fees”.It is important for the regulator and for stakeholders to examine HDFC Bank’s significant fee income and the practices and policies that are driving it. HDFC Bank should not suffer the fate that befell Wells Fargo &amp; Co (WFC US).

The Mystery of Why Rejected Applicants Paid HDFC Bank ‘Processing Fees’