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Banking On The Ombudsman

No Comments » Written on March 12th, 2012 by
Categories: Banks, Yahoo

I write at Yahoo on the Banking Ombudsman:

Have you been hassled by credit card bills even after you have had a "full and final settlement"? Did a bank give you a bill for a credit card you don't even have, and then deducted the amount due from your bank account before asking you? Have they changed your interest rate without informing you in advance, or giving you an opportunity to refinance elsewhere?

You can complain, without having to go to court. You must, of course, complain to the bank first, and only if the bank is unable to resolve your issue within 30 days — or take a decision that you think violates banking rules — you can go to a higher authority, the Banking Ombudsman.

The Banking Ombudsman (BO) web site allows you to directly lodge a complaint online. (Sadly only 13% were given online, and 14% by email last year — 73% of applications still came by the old method of letter or post-card) You will need to go through the documentation to find out exactly what section your complaint applies in, but the process is well detailed. If the BO decision is not to your liking, you can further appeal to an Appelate Authority.

Some of the "exemplary" cases (read the annual report) give you an idea of how a hopeless situation can be rescued by a process that doesn't involve the legal drudgery that the regular courts have become. In one case, the bank lost all original documents of a house, given as collateral for a housing loan. The bank then decided to give "certified copies" of the documents instead. The BO ruled that original deeds were not replaced by certified copies, and the bank was ordered to pay Rs. 25,000 for a deficiency in service, and also to advertise in newspapers that they had lost the originals. (Such ads are usable as evidence, in case there is ever a litigation involving the property, of the chain of ownership)

In another case, a customer who applied for a loan later decided against taking it; the bank issued the loan anyway, to a person with a similar name. When that person defaulted, the bank used the police to harass the original applicant, who hadn't even taken the money! The ombudsman provided a compensation of Rs. 100,000 — a stiff amount, but easily justifiable considering the damage caused and the ridiculous nature of the case.

Many cases have been about credit cards; a customer was given statements for a card that was never delivered, another whose CIBIL data was not updated for two years despite having settled the bank claim, and yet another who was harassed without having a card from a bank with the excuse that his name was similar to another defaulter.

One common complaint now is that interest rates on loans are no longer "fixed". Even fixed rate loans carry a reset clause every few years (which means it is totally silly to go for a fixed rate loan). A customer who complained of one such reset was told that the reset clause was perfectly valid — this serves as a basis for further such cases.

The BO seems to have worked with insurance players as well. In one case where a customer was "mis-sold" an insurance policy as a one-time premium rather than a regular premium, the BO convinced the insurance company to refund the premium of Rs. 1 lakh . (You must note, however, that it was the customer's education level and monthly earning that justified the action — it's unlikely that the BO will take action if you are smart enough to have read through these documents. In essence, you don't have an excuse if you're well educated)

But these really seem exemplary. Of the 72,021 complaints received, about 50,000 — or 70% - were rejected. More than 51% of complaints were rejected on grounds of them being "non maintainable", that is, they were either incomplete or didn't come under the Ombudsman act. Even of those that were maintainable, 13,952 were rejected. What we can learn from this is that it's important to keep copies of all communication and get things in writing, so that if there's an issue later our complaint doesn't get rejected for inadequate or incomplete documentation.

You might think that private banks are better because of service, you might be surprised that the number of complaints per million accounts, for private banks is far higher — by a factor of 3 — than the good old public sector ("nationalized") banks.

BO

While the ombudsman has done a good job, the current reach is too little (only 15 locations where the ombudsman is present) and it is highly unlikely that bank customers are aware of the process of appeal against deficiencies in service. Banks are a highly regulated entity and must adhere to strict process. For instance, they cannot just recall a loan from you because they want to; they cannot refuse to give you money that is yours; and they pay a huge fine (Rs. 100 per day) if your account is debited after an ATM transaction but the machine doesn't give you money.

These rules aren't known by too many people, and we can't expect bank officials to tell customers where they can complain (since the bank employee is possibly at fault anyhow). As more people become aware, the volume of complaints — "maintainable" or otherwise — will go up, and both the Ombudsman and the individual banks will need to up the level of service.

What We Left On The Table

No Comments » Written on March 4th, 2012 by
Categories: Yahoo

I write on the “underrecoveries” in the last budget, at Yahoo.

As the time closes in for the Budget in mid-March, the question on the mind of everyone is: will we get a lower tax rate? For most of the people watching, the budget doesn't begin until the finance minister says "tax slabs" and ends immediately thereafter. But the underlying assumption for lowering direct taxes is that a lower tax rate will result in greater compliance with more taxpayers coming forth to pay; the overall result being that tax collections increase.

While this has happened in general, the tax collections have been very low this year, despite large slab changes in the last budget. The total tax receipts have gone up only 7% till December, making it a pretty bad year — only 2008 and 2009 were worse. It is thus likely that the government starts to take a hard look at where they must cut down the deficit, and they provide an estimate of "Revenue Foregone" under various proposals.

Let's take a look at the "losses" that the government faces through lower taxes or tariffs on various elements. And more importantly, if it looks likely that some of these

Lower Excise Duty : 187,000 cr.

The current tax laws provide for lower excise duties if a company is in a specified area (like Himachal Pradesh, Uttarkhand or the North East). And then other products get a reduced excise duty - all of which have an estimated lower revenue of Rs. 187,000 cr. Sadly, we don't have a further breakup of the taxes foregone.

Much of the lowering of excise duty was due to the financial crisis of 2008-09, from which we have recovered handsomely. The reasons for the exemptions to remain are weak, and I expect many of these excise duty exemptions to be removed, and the duty restored to the levels pre-2008.

In the light of a GST that may only happen next year, it's time to get the rates of excise/VAT and service tax aligned anyhow, which will only mean that excise rates will go up.

Lower customs duty: 200,000 cr.

On diamonds and Gold: 48,000 cr.
On Crude Oil: 40,000 cr.

Customs duty on Crude was a low 5% (since removed as oil prices went up again) and that has resulted in a loss of 40,000 cr. — now some of this loss is notional, as some of the crude we import is refined and products are exported; however we will learn that the profits on such refine+export models is further untaxed through export promotion schemes.

Many of the diamonds we import are re-exported, but we retain most of the gold we import. Gold imports are difficult to change — a higher duty on gold imports makes it more attractive to smuggle in gold (a big thing in the 80s). However, India has "doubled" the import duty for gold to Rs. 570 per 10 grams (from Rs. 300) which is more aligned with the prices today.

Further the import of cotton loses India 2,000 crores in duties, and importing ships and aircrafts a further 3,000 cr. Removal of exemptions on electrical machinery — a demand by the large electric manufacturers in India — would have given us an estimated 10,140 cr. of revenue in 2010-11. We are likely to see customs duty changes to gather more revenue this year.

Export Promotion: 54,000 cr. in duties, 19,000 cr. in income taxes

India offers exporters certain exemptions — from duty free imports, to zero income tax on export profits. Just duty concessions to various kinds of firms denied India an income of 54,000 crores, though it is unlikely that so much would have been imported had there been full customs duty.

Special Economic Zones (SEZs) have been created for exports and companies will pay no taxes on profits earned here; reduced or no income taxes apply for companies that export certain kinds of items (like STPI for software). With the Minimum Alternate Tax, these companies have to pay about 20% tax anyhow; this might not be considered in the calculation that such export promotion schemes have lost us Rs. 19,000 cr. in taxable income.

Such promotions have a cost — one of the reasons regional language software in India is difficult to come by is that software companies focused on exports rather than serving local needs. After all, why sell locally and pay taxes on profits when you can sell abroad and pay nothing? This is the downside of making an Infosys or a TCS.

Accelerated Depreciation: Rs. 35,000 cr.

The Indian government supports renewable energy by providing a higher depreciation for wind energy projects, upto 80% a year. While this provides for greater investment, the loss that the government incurs is fairly large, for a return that, till now, seems much lower (at least for wind power).

While it's necessary to keep incentives going, it is retrograde to concentrate them in certain areas. Renewable energy through wind power skews incentives towards just that solution — certain others (like natural gas, nuclear or hydro) might give just the same level of "clean" per kilowatt generated, and need a broader programme.

Section 80C: 37,424 cr.

You get a tax exemption of Rs 100,000 on investing in certain kinds of savings instruments, buying a provident fund, buying insurance, paying your housing loan principal or for your child's tuition fees. This costs the government a whopping 37,000 cr. in terms of taxes you would have otherwise paid. This amount is nearly as much as is used by the whole NREGA program every year.

Since the upcoming Direct Tax Code (DTC) has no exemption system like it, it is likely that the 80(C) structure will change, and reduce the effective savings rates.

And to end:

The government provides a tax exemption to contributions given to political parties (Section 80GGC). This has cost the government Rs. 191 crores, which would have helped run parliament for about 100 days — or the number of days it wasn't allowed to run because of parliamentary disruption. Essentially, you — the taxpayer — have elected your MP who disrupts parliament and costs it money that could have been recovered by taxing the person who gave the MP the money so he could campaign and get elected by you.

But I don't expect that to change.

Why You Shouldn’t ‘Invest’ in Life Insurance

6 comments Written on February 27th, 2012 by
Categories: Insurance, Slider, Yahoo

At Yahoo, I write about Why you shouldn’t invest in Life Insurance:

The three reasons people buy insurance is:

a) To save tax.

b) As an investment, to make a good return on their money. Read the rest of this entry »

Alright To Be Wrong…When Investing

3 comments Written on February 20th, 2012 by
Categories: Yahoo

At Yahoo, I write about how it’s all right to be wrong when investing:

In 1973, the Kreditbanken (bank) at Norrmalmstorg in Stockholm was attacked by robbers, who held bank employees hostage for five days. After the drama, it was evident that the hostages sympathized with their captors, even though they were held against their will. The situation is now considered an academic study — the Stockholm Syndrome — where people get emotionally attached to people who obviously try to do them harm.

More apparent, perhaps was the case of Jaycee Lee Dugard, who was held for 18 long years — from 1991 to 2009 — but got so emotionally attached to her abductor that she even helped him in his business and met customers. Being an unwilling hostage, or in other cases, just being in an unwelcome situation with no way out, makes us rationalize in favour of our position.

Less dramatically, we become hostage to our own opinion. We simply can't let go of what we believe is "normal", even in the face of facts. If your blood tests show you have a high cholesterol level, your immediate reaction is to hope the problem will go away on its own, or imagine that the tests were incorrect. A person abused at work — sometimes with lewd suggestions — will initially justify it as harmless workplace banter. The victims of a drunken driving accident will side with the driver saying how good a driver he "usually" is. We simply don't want to see it, even if we know it.

In the financial world, our beliefs are tested often. In 2011, the markets fell over 24%, with the situation in December as dire as it could be; the government was running out of money, industry was slowing down, inflation was high and everything looked bleak. In January 2012, we saw the Nifty and Sensex rise 12%, with no apparent improvement in any of the other pieces of data. This rise has bewildered most analysts, who continue to believe, at every stage, that the market will reverse back down. Consistently, nearly every day, the market sees a rise, but the sage opinion is that this is a fake rally, and that this will come down like a ton of bricks.

It might. The analysis may be spot on, that the Indian story has hit a pause button and not worthy of very high valuations. But at some point, we need to admit that the tide has turned, and prices keep moving north. Our conviction is worth the paper it was never written on — but we carry the weight of it on our shoulders altogether too long. Such irrationality can cost money —a trader that stays short despite a stop loss being broken, almost in anger against such a furiously rising market, continues to lose until eventually giving up. An investor who decides a stock is great and watches it fall, keeps buying until the stock becomes an abnormally large investment, and later feels serious regret when other stocks do better.

If you strongly believed in the Indian telecom story, it was lost on the stocks. From Bharti Airtel to Reliance Communications, the stock prices are way lower than their highs in 2007. We have more air travel than ever before, but airline stocks are in the doldrums. India is spending an enormous amount of money on infrastructure, but the road-builders and power-plant-owners are scraping the bottom of the barrel in the markets. Yet, the question I first get when I say all this is: "Good time to buy?"

The correct way to deal with markets is to expect to be wrong. You have to consciously look for information that counters your thought process. If banks are supposed to be in trouble, then look at their positive results, and look at how strongly the RBI is supporting the system. If buying IT companies on a falling rupee sounds exciting, consider reports that customers are quite aware of the fall and demand corresponding concessions, which they don't reverse easily as the rupee recovers. If you like to buy stocks when they make a new one-year-low, test out how many times you would have made money investing in a broad array of such stocks in the past. (I have checked, and results are horrendously negative at a portfolio level though there are a few that will shine)

It's not easy to stay fluid and keep switching sides as the tide turns — society values loyalty much more than rationality. Being wrong is okay, but staying wrong is evil; in the markets, we can't get married to our opinion.

India’s Dangerous Fiscal Deficit

No Comments » Written on February 19th, 2012 by
Categories: Slider, Yahoo
India’s Dangerous Fiscal Deficit

At Yahoo, I write on The Dangerous Fiscal Deficit Situation in India:

While we are battered with news about abandoned babies, victories and then losses for telecom firms, elections in UP and surging stock markets, it's useful to note the quietly released data on the fiscal deficit that are seriously alarming.

Read the rest of this entry »

Consumer Prices: A Better Inflation Indicator

3 comments Written on February 15th, 2012 by
Categories: Inflation, Yahoo

At Yahoo, I write on Consumer Prices: A Better Inflation Indicator

"Inflation is when you pay Rs. 100 for the fifty rupee haircut you used to get for 25 rupees when you had hair"; a quote I received on twitter. In India, when we speak of inflation, we've never really talked about haircuts. No, I'm serious, stick with me.

The Inflation Index that our country talks about is based on the Wholesale Price Index (WPI), which is a weighted sum of product prices at the wholesale level. That means stuff that you can buy at wholesale markets, such as vegetables, copper, fuel, or even liquor. But it doesn't include the cost of services; the WPI will indicate the cost of vegetables and meat to your favourite restaurant, but it won't add up the cost of chef/waiters' salaries, rent of the premises, air-conditioning costs and valet parking. In the haircut example, they'll note that the scissors or shampoo got more expensive, not that the haircut costs you more.

The world over, what is used is a Consumer Price Index (CPI), which uses a basket of goods that you are more likely to consume and uses end-user prices (not wholesale). CPI is more indicative of inflation that the common man faces. India has taken uncoordinated steps in that direction, with the labour bureau releasing three monthly CPI numbers for Agricultural Labourers, Rural Labourers and Industrial Workers, and the Ministry Of Statistics and Programme Implementation (MOSPI) releasing the CPI for Urban Non Manual Employees (UNME).

Multiple Consumer Price Indexes were necessary, we were told, because the spending pattern of different people was different.

A few years back, MOSPI decided to halt collection of data for the UNME based CPI and prepared data collection for a new index called, with great creativity, the "New CPI". This contains:

Pic1 

With the base year as 2010, MOSPI has released data for every month in 2011. This index consists of rural and urban data, with different weights given to each sub-head. The New CPI is envisaged to clear all the confusion among the current CPI indexes; we can only hope that someone else comes up with a "Newer CPI" and confuse the bejeezus out of everyone.

So what has inflation has looked like, when it comes to consumer prices? Since the first data point in the New CPI is January 2011, our first real annual inflation point will be revealed with data for January 2012 (since inflation is a year-on-year change). But we could extrapolate, by looking at December data and comparing it to January.

CPI inflation, thus calculated, gives us an annualized figure of 8.2%. The WPI inflation — the newspaper version — is 7.5%. This is counter-intuitive — food prices are the ones that have reduced the most, and food is nearly half of the CPI. Comparatively, food has a far lower weight in the WPI.

What has happened, then? Let's look at the components:

Pic 2

While food has fallen, much of everything else — from fuel to housing to clothing — has gone up substantially more. If you remove food, the New CPI has gone up 11.4%!

(Even within food, it is vegetables that are down more than 25% from last year, when prices of essential vegetables were shooting through the roof. Take Veggies out and inflation goes to double digits)

In the US, they have a concept of "core" inflation, which is "non-food, non-fuel" — meaning, items that are not heavily volatile. If you calculate that with the WPI, it is only about 8%. But with consumer prices, "core"inflation is 10.70%, a significantly high number. At the core level, prices are sticky — that barber who raises his haircut prices isn't going to reduce it just because shampoo just got a little cheaper.

Think of it this way: when cost prices and salaries go up, barbers will suck up the cost initially. When they can't do it anymore, they'll raise haircut prices. Now even if costs go down, their wages will not decrease — who takes a pay cut voluntarily? — so the consumer's price remains constant. This is "sticky" inflation and one of the most difficult to reverse.

CPI measures inflation you can actually see. Rents are going up. Wages — not just yours but also those you hire, are shooting up. Clothes, restaurants, fuel — all up. The inflation that we saw in the wholesale prices a year or so back (inflation at the primary and wholesale level was nearly 20%) has now moved into items where you and I can feel the pinch.

Still, it's not useful to emulate what the west does. The US attempts to mask its CPI-based inflation by making adjustments that distort the CPI itself. It uses a substitution effect — stating, in effect, that if meat prices go up too much, people will substitute it with chicken, so we'll use the lower of the two prices. They use "hedonic adjustments" to show, for example, that a computer has become cheaper even if you pay the same price, because you get more hard disk space today. These are vaguely justifiable changes, but very wrong in the context of calculating how the common man hurts. While the objective of doing such a thing is unclear, most people believe they are used because they make GDP data look better. Luckily, our tinkering with four different CPIs has kept us from such adjustments.

The CPI is, in general, a better indicator of inflation than a wholesale price index; the rest of the world also thinks so. We have a new index, and let's hope they regulators decide to use it to gauge inflation as it really is, and that index creators don't get ideas to distort the index so that it makes other data more appealing in comparison. And to address the issues with the WPI data, let's also hope that CPI data is properly maintained and promptly updated.

Maybe I'll be able to keep my hair on, just for that haircut.

The School Of Hard Knocks

9 comments Written on January 30th, 2012 by
Categories: Slider, Yahoo

I write at Yahoo: The School Of Hard Knocks

Many of us desire to make money from the stock markets, because it doesn't seem to take a lot of skill. After all, like a casino, all you need is one good trade. That's what we read about — the success stories of investing talk about how Warren Buffett bought into Coke, or Rakesh Jhunjhunwala bought Titan, or Paulson shorted sub-prime mortgages or such.

Read the rest of this entry »

The Irrelevance Of The Sensex

4 comments Written on January 25th, 2012 by
Categories: Sensex, Slider, Yahoo
The Irrelevance Of The Sensex

At Yahoo, I write on the Irrelevance Of The Sensex:

In a recent trader meet, a speaker asked on stage where the market closed last. Answers were "4714" and other figures around the 4700 number, but the speaker was looking for another answer. It dawned on us soon that he was looking for the Sensex, which none of us knew even to the closest one thousand. Read the rest of this entry »