WILFUL DEFAULTS

July 24, 2019

The Minister of Finance informed Rajya Sabha about the mechanisms in place to deter wilful defaulters, curb incidence of wilful defaults, and effect recovery from wilful defaulters.

Meaning: 

  • Default means not meeting loan repayment obligations. 

  • Criteria: According to a Reserve Bank of India, a default is wilful when it fulfils one of the following four conditions: 
    • A borrower (or an entity) does not pay up even when it has the capacity to pay,

    • a borrower has not used the loan for the purpose borrowed and diverted it elsewhere,

    • a borrower has siphoned off the funds and the money is not available with it in the form of other assets, and,

    • a borrower sells assets given as security against the loan without informing lenders.



  • Following can be termed as Wilful defaulters:
    • Individuals,

    • Juristic persons (groups of individuals, such as corporations) and

    • All forms of business enterprises.



Source : PIB