Hearing the plea of extending the loan moratorium period filed by trader associations, Supreme Court clearly stated that this period couldn’t be extended, adding that a full interest waiver is also not possible. With this verdict, Supreme Court has given relief to the banks which have suffered a huge financial loss due to the pandemic. The court said that if a bank has charged interest on loan interest for an extended period, it must be returned.
The court further stated that the government has the right to take economic decisions, Indian economy has been badly suffered due to the Covid-19 pandemic. We cannot interfere with the government policy on economic reforms. The judgment was jointly delivered by a bench of Justices Ashok Bhushan, Justice R. Subhash Reddy, and Justice MR Shah.
Earlier, in the same case, the government had given relief to the bank borrowers on EMI payments. In fact, last year during the lockdown, the country's central bank RBI had announced to offer a moratorium to lending companies from March 1 to May 31, which was extended till August 31, 2020.
Complaints on Charging Interest on Interest
With the scheme of offering a moratorium from March to August 2020, a large number of borrowers took advantage. But later disputes have arisen on banks’ interest charge on interest over the outstanding amount. The case was filed and the matter reached the Supreme Court. The court had asked for an answer from the central government on the extra interest charged on the deferred EMI. In the reply, the government waived the interest on the outstanding instalments for loans up to Rs. 2 crores.
The government's proposal for the loan up to 2 crore includes MSME loans, education loans, home loans, credit card dues, car-two wheeler loans, and personal loans. With this scheme, the entire burden of economic loss and waived loan period fell on the government, for which the government had spent around 6 thousand to 7 thousand crore rupees.
Under the Moratorium, the Borrowers Got 6 Months to Choose Not to Pay their EMIs
Under the moratorium scheme, the borrowers got 6 months to choose not to pay their EMIs against the loans they availed. But banks charged interest on the interest over the outstanding amount. The purposed scheme was brought out in order to ease the burden on borrowers during the pandemic.
Banks Were Asked Not to Declare the Loan NPA during Moratorium Period
The moratorium period was extended for another three months after waiving off EMIs payments for the first three months. During the time, RBI asked banks not to declare the loans NPA after one-time restructuring them. Under this, RBI asked banks to include only those companies and borrowers which have not defaulted for more than 30 days from March 1, 2020. Banks were also asked to bring a resolution plan by 31 December 2020 and implement it by 30 June 2021 for corporate borrowers.