CHAPTER 16
MINISTRY OF NON CONVENTIONAL ENERGY SOURCES

Indian Renewable Energy Development Agency Limited

16.1.1    Avoidable payment of commitment charges due to tie up of loans in excess of requirement

Entering into loan agreement based on unrealistic projections resulted in avoidable payment of Rs.7.90 crore till March 2002 and recurring annual expenditure of Rs.1.89 crore.

Indian Renewable Energy Development Agency Limited (Company) promotes, develops and finances new renewable sources of energy projects. To meet its financial requirements, the Company tied up financial arrangements with Asian Development Bank (ADB) for US$ 100 million (equivalent to Rs.484 crore) and Kreditanstalt Fur Wideraufbau (KFW) for DM 120 million (equivalent to Rs.261 crore). Accordingly, the Company signed agreements with ADB on 23 April 1997 and with KFW on 5 June 1997. According to the terms and conditions of the agreement, the Company was to draw the full amount of loan within 4 years from ADB and failure to do so would attract commitment charge of 0.75 per cent per annum on unavailed portion of the loan 60 days after the committed dates. Similar provision existed in the agreement with KFW with commitment charges at 0.25 per cent.

Against the above arrangement for Rs.745 crore, the Company could avail credit facility for Rs.408 crore only (ADB-US$ 56.91 million equivalent to Rs.274 crore approximately and KFW-DM 61.65 million equivalent to Rs.134 crore) till the expiry of 5 year from the date of the agreements. Consequently, it had to pay commitment charges of Rs. 7.90 crore (ADB: Rs.6.52 crore and KFW: Rs.1.38 crore) till March 2002.

The Consultant appointed by the Company to study the viability of the loans recommended (June 2000) that these loans were economically unviable and the agreements be foreclosed. However, these agreements had not been foreclosed till date (August 2002) and the Company was still incurring commitment charges of Rs. 1.89 crore (approximately) annually.

Management, in their reply, admitted (July 2002) that commitment charges were paid as per contractual arrangements as it could not draw the funds from ADB/KFW due to dropping/delaying of projects by the borrowers and slow down of the economy. These factors were beyond the control of the Company.

Ministry endorsed (September 2002) the views of Management. The reply of Management/Ministry is not convincing because the essential facts in the economy could not be ignored in any appraisal of loan utilisation. Further, the Company have not paid heed to their consultant’s views also. The fact, thus, remains that the Company had so far (September 2002) incurred an expenditure of Rs.7.90 crore by way of commitment charges on unutilised loan.