|
HDB Financial Services Limited ("HDBFS"), a company incorporated under the Companies Act, 1956 and a non-banking financial company registered with the Reserve Bank of India ("RBI") has agreed to sanction a loan ("Loan") to you ("Borrower") on the basis of and subject to the terms and conditions set out below and in terms of the sanction letter(s). The Loan Application Form, the sanction letter(s) and the Key Fact Statement(s) (as defined hereinafter) shall form an integral part of these Declaration cum Terms and Conditions ("Terms and Conditions"). These Terms and Conditions, the sanction letter(s), the Key Fact Statement and any other document(s) designated as such by HDBFS shall collectively be referred to as the "Loan Documents": 1.GRANT OF THE LOAN1.1 At the request of the Borrower, relying upon the representations and warranties made by the Borrower and subject to these Terms and Conditions, HDBFS has agreed to provide the Loan to be utilized by the Borrower solely towards purchase of the loan including but not limited to any extended warranty on the said products, as set out in the Loan Documents ("Product(s)"). 1.2 The Loan shall be provided only to such persons whom HDBFS, in its sole discretion, determines are eligible for the grant of the Loan. 1.3 The Loan shall be disbursed by directly making payment of the Loan to the concerned merchant, details of whom are set out in ("Relevant Merchant"), and the disbursement of the Loan by HDBFS to the Relevant Merchant shall be deemed to be a disbursement by HDBFS to the Borrower. 1.4 The Borrower acknowledges and agrees that the aforesaid Loan amount is of a non- revolving nature and once used will not once again become available on repayment of the Loan or any part thereof. 1.5 HDBFS may, at its own discretion and upon Borrower's request, also finance the Borrower for the insurance premium of insurance policy taken by Borrower as per Borrower's own wish from any insurance company of Borrower's choice and as acceptable to HDBFS, which sum(s) shall be added to the principal amount under the Loan and all the terms and conditions shall be additionally applicable thereto. All expenses, charges including Delayed Installment Payment Charge, fees, taxes etc. as applicable on any such insurance shall be incurred and paid by the Borrower, however in case paid by HDBFS on Borrower's behalf, the Borrower shall reimburse the same to HDBFS within 24 hours of HDBFS' demand. The Borrower shall instruct the insurance company to add HDBFS as loss payee in any such insurance policy. For the purposes of these Terms and Conditions:
1.6 Any intimation, notification, notice or communication provided to the Borrower under these Terms and Conditions, shall mean that such notice, notification, intimation and communication is required to be provided to the Borrower, in a vernacular language or a language (including English) as understood by the Borrower. 1.7 In the event of any disagreement or dispute between HDBFS and the Borrower regarding the materiality or reasonableness of any matter including of any event, occurrence, circumstance, change, fact, information, document, authorization, proceeding, act, omission, claims, breach, default or otherwise, the opinion of HDBFS as to the materiality or reasonableness of any of the foregoing shall be final, binding and conclusive on the Borrower. 1.8 It is agreed by and among the Parties that in the event of inconsistency in the provisions set out in the sanction letter(s) and the provisions of these Terms and Conditions, the provisions of the sanction letter(s) shall prevail over the provisions of these Terms and Conditions to the extent of such inconsistency in respect of the terms specifically contained in the sanction letter(s). 2. PAYMENT OF PRINCIPAL AND INTEREST2.1 The Borrower hereby agrees to make payment of the principal amount due on the Loan as set out in the Loan and the Key Fact Statement(s) along with interest computed at the rate set out in the Loan Documents at an annualized rate ("Interest Rate"), in the form of equated monthly installments ("EMIs") as more particularly described in Schedule I hereto, the Loan and the Key Fact Statement(s), alongwith charges including Delayed Installment Payment Charge, expenses and any other dues and money payable by the Borrower to HDBFS under the terms contained hereunder, as outstanding from time to time and whether any of them due or not are hereinafter (collectively referred to as "Outstanding Balance") through the tenure of the Loan, which tenure has been explicitly opted by the Borrower and is set out in the Loan and Key Fact Statement(s). |
2.1 It is agreed and understood by the Borrower that the obligation of the Borrower to pay the Outstanding Balance is absolute and unconditional and there shall be no amendment to the Loan Documents with respect to the Outstanding Balance payable to HDBFS unless expressly permitted by HDBFS in writing and intimates the Borrower with respect to any such amendments. The Borrower understands and agrees with the method of calculating the EMIs and also the appropriation thereof into principal and interest and agrees not to dispute the same, at any time in the future. The Borrower agrees that timely payment of the Outstanding Balance is the essence of the Loan. 2.2 The payment of the Outstanding Balance to be made by the Borrower to HDBFS shall be made without any delay or demur and free and clear of and without any deduction for or on account of any taxes whatsoever or by way of set off or counterclaim or otherwise of any amount due or alleged to be due or outstanding from HDBFS or any other person and notwithstanding any legal limitation, disability or incapacity of the Borrower. If the Borrower is required to make any such deductions, then, in such case, the sum payable to HDBFS shall be increased to the extent necessary to ensure that, after making such deduction, HDBFS receives and (without any liability for such deduction) a sum equal to the sum which it would have received had such deduction not been made or required to be made. 2.3 (a) The mode of payment of the EMIs as explicitly opted for by the Borrower, is set out in the Loan. (2) If the Borrower has opted to make payment of the EMIs (i) by way of standing instructions ("SIs"), (ii) through automated clearing house ("ACH"), (iii) electronic clearing system ("ECS"), or (iv) by way of or through any other electronic clearing mandate as allowed by the RBI from time to time then the Borrower shall provide HDBFS with proof of irrevocable SIs or ACH mandates or ECS mandates or such other electronic clearing system mandates given by the Borrower to its bank, as acceptable to HDBFS, for facilitating the payment of the EMIs in respect of the Loan on the relevant due dates. The Borrower undertakes to have and maintain sufficient balance in the account in respect of which the Loan linked SIs/ ACH/ ECS/ any other electronic clearing mandates have been provided for the payment of the EMI, on each of the due dates. (3) In the event that any of the modes of payments as aforesaid are not available to the Borrower, the Borrower shall be entitled to make payment of the EMIs by way of post- dated cheques ("PDCs") and the Borrower shall provide to HDBFS such number of PDCs drawn in favour of HDBFS as intimated by HDBFS at the time of purchase of the Product and such PDCs shall be mandatorily signed by the Borrower himself for the purposes of payment of the EMIs in respect of the Loan on the relevant due dates. The PDCs issued by the Borrower shall be dated as of each of the due dates and shall be drawn in an amount equal to the EMIs to be made on the relevant due dates. (4) The Borrower shall honor all payments without fail and shall not instruct the bankers to revoke the PDC/ECS/ACH/SI instructions. (5) Notwithstanding anything mentioned in this Clause 2.2 above, and without prejudice to any rights that may be available to HDBFS hereunder or under Applicable Law, if any SI or PDC or ECS or ACH mandate or any other electronic clearing mandate, as the case may be, provided by the Borrower is not honoured on the relevant due date for any reason whatsoever, without prejudice to the rights available to HDBFS hereunder or under Applicable Law, HDBFS may at its discretion, choose to direct the Borrower to make payment of its EMIs by way of cash payments in respect of the Loan. For the purposes of these Terms and Conditions, "Applicable Law" shall mean any statute, regulation, notification, circular, ordinance, requirement, direction, guideline announcement or other binding action or requirement of an authority. 2.4 The Borrower hereby agrees, acknowledges and confirms that he/she has agreed to issue the said PDCs / SIs/ ACH/ ECS/ other electronic or clearing mandate voluntarily in discharge of the Outstanding Balance and that the same were not intended to be and have not been issued as and by way of a security for any purpose whatsoever. 2.5 In case of revocation of the PDC/ECS/ACH/SI instructions issued by the Borrower to the drawee bank or where despite the Borrower having issued the instructions to the drawee bank under the PDC/ECS/ACH/SI mode, HDBFS has not received the monies equivalent to the EMIs, the Borrower agrees and undertakes that the Borrower shall be liable to pay the EMIs along with cheque bounce charges on the said EMIs. 2.6 Without prejudice to the rights of HDBFS hereunder and in Applicable Law and in addition thereto, in case of delay in payment of the Outstanding Balance, the Borrower shall be liable to pay to HDBFS, Delayed Installment Payment Charge, on the entire Outstanding Balance from the date of default till the date of payment of the Outstanding Balance. The payment of Delayed Installment Payment Charge under this clause shall not absolve the Borrower of the other obligations in respect of such default or affect any of the other rights of HDBFS in respect of such default. The Borrower hereby agrees and confirms that the quantum of Delayed Installment Payment Charge prescribed for non-compliance of any material terms and conditions of the Loan Documents, are reasonable and commensurate with the said non-compliance of material terms and conditions and are not discriminatory. |
|
2.7 The Borrower shall be entitled to make prepayment of the Outstanding Balance (but not a part thereof), by giving to HDBFS 30 (thirty) days' notice in writing of the Borrower's intention to prepay and paying the Outstanding Balance, in full, to HDBFS, subject to payment of prepayment charges (if applicable) as set out in the Loan Documents. The prepayment charges (if applicable) shall be payable over and above any other amounts payable by the Borrower under the terms hereof. 2.8 HDBFS shall have the right to vary the Interest Rate from time to time, at its sole discretion or as per the guidelines/rules/regulations issued by the RBI. In the event that the Interest Rate is varied, HDBFS shall intimate such variations to the Borrower in writing and would be binding upon the Borrower and also furnish to the Borrower a revised computation of the EMIs, and the Borrower undertakes to pay the EMIs as recalculated by HDBFS to adjust for the change in Interest Rate. The Interest Rate and the approach for gradations of risk and rationale of HDBFS for charging different rates of interest to different categories of borrowers has been disclosed to the Borrower in the Loan Documents. The Interest Rate shall have a prospective effect only. 2.9 If prior to disbursement of the Loan, the transaction for the purchase of the Product for which Loan is proposed to be utilized is cancelled, either by the Borrower or the Relevant Merchant, the Borrower shall inform HDBFS of such cancellation and HDBFS shall not disburse the Loan to the Relevant Merchant and HDBFS shall close the Loan account in its books. In the event of such cancellation, the Borrower shall get a proper acknowledgment from the Relevant Merchant with respect to such cancellation of the Products and promptly furnish the said acknowledgment to HDBFS.
2.10 If after the Loan is disbursed, the transaction for the purchase of the Product for which Loan has been utilized is cancelled, either by the Borrower or the Relevant Merchant, HDBFS at its sole discretion shall have the right to permit the Borrower to continue making payment of the Outstanding Balance as per the Loan Documents. In any event, the cancellation of the transaction shall not affect the obligations of the Borrower to make payment of the Outstanding Balance. The Borrower further agrees that the amounts already paid towards the Outstanding Balance, shall not be reversed or repaid by HDBFS to the Borrower. In the event of such cancellation, the Borrower shall get a proper acknowledgment from the Relevant Merchant with respect to such cancellation of the Products and promptly furnish the said acknowledgment to HDBFS.
2.11 For the purposes of these Terms and Conditions and the Loan granted to the Borrower hereunder, the processing office of HDBFS shall be deemed to be its Chennai branch, located at New No:128/4F Old No: Door No 53 A, 4th Floor, Greams Road, M N Office Complex Chennai 600006. 2.12 The Borrower shall not be permitted to sell the Product until the Loan has been repaid and in the event the Borrower intends to sell the Product, then he/ she shall foreclose the Loan prior to such sale, in accordance with provisions of clause 2.7 herein. 2.13 Any payments made by/on behalf of/ for the Borrower or any realisations in relation to the Loan, security, shall be appropriated towards the outstanding balance in respect of the Loan and/ or Liabilities (as defined hereinafter) in the following order: (a) Firstly, towards costs and expenses incurred by HDBFS; (b) Secondly, towards any charges, commissions, fees, taxes, levies (wherever applicable); (c) Thirdly, towards Delayed Installment Payment Charge; (d) Fourthly, towards interest; (e) Fifthly, towards principal amount(s). Any statement of account furnished by HDBFS shall be accepted by and be binding on the Borrower and shall be conclusive proof of the correctness of the amounts mentioned therein except for any manifest error therein. 2.14 HDBFS shall classify the Borrower loan account as SMA/NPA upon the Borrower failing to make the repayment of the Outstanding Balance as stated under the Loan and the Key Fact Statement(s). In accordance with the Master Direction - Reserve Bank of India (Non-Banking Financial Company - Scale Based Regulation) Directions, 2023 dated October 19, 2023 bearing reference number RBI/DoR/2023-24/106 issued by the RBI, as amended, supplemented or replaced from time to time and such other circulars and/or notifications issued by the RBI varying, amending or replacing the same as applicable from time to time ("SBR Regulations"), the examples of SMA/NPA classification dates are set out in the Schedule I hereto and the Borrower confirms that it has read and understood the same. 3. OTHER PAYMENTS3.1 The Borrower hereby agrees to make payment of all the fees and charges specified in the Loan Documents (along with any taxes applicable thereto including, without limitation, service tax, goods and services tax (once applicable) and any other similar taxes). 3.2 The Borrower shall bear and pay all costs, expenses, fees, taxes (as applicable from time to time), duties (including stamp duties), charges and other imposts and obligations, specified in the Loan Documents or as intimated by HDBFS in writing, existing as well as future, which may become payable by HDBFS in respect of the Loan, including without limitation (a) the execution of any documentation in relation to the Loan, (b) the servicing and administration of the Loan; and (c) the enforcement of the HDBFS's rights in respect of the Loan. 3.3 The Borrower understands and agrees that the fees, charges and expenses as more particularly mentioned in the Loan Documents are subject to revision by HDBFS from time to time and such revision shall be intimated to the Borrower by HDBFS in writing. Any such variation/revision in the fees, charges and expenses shall have prospective effect. 6.2 Upon the occurrence of an Event of Default, without prejudice to HDBFS' rights and remedies under contract or law, and without necessity of any demand upon or notice to the Borrower, all of which are hereby expressly waived by the Borrower, and notwithstanding anything to the contrary contained herein or under any other Loan Documents, HDBFS may at its absolute discretion and at the cost of the Borrower, pursue any or all the following, and whether simultaneously or independently or otherwise: (1) cancel the Loan (if undrawn); (2) accelerate the Loan and declare the Outstanding Balance, to be immediately due and payable; (3) stipulate any further terms and conditions as HDBFS deems fit with respect to the Loan; (4) exercise any other rights that HDBFS may have herein and under Applicable Law, for the time being in force. 6.3 The Borrower undertakes to forthwith surrender to HDBFS or its representatives, the Product(s) financed by HDBFS (or any other product of such value as approved by HDBFS which would satisfy the dues of HDBFS) and HDBFS, on behalf of Borrower, shall be entitled to take possession (actual or constructive) of the same and thereafter dispose of the same and adjust the proceeds against the amounts outstanding in relation to the Loan. If there is any deficit, the same shall be made good to HDBFS by the Borrower. Without prejudice to the generality of the foregoing and in addition thereto, HDBFS shall also be entitled to encash the PDCs / ECS/ ACH / SIs or any other electronic or other clearing mandate as provided by the Borrower until the entire Outstanding Balance is fully repaid. 6.4 The Borrower hereby confirms that he/she is aware that any dishonor of any of the PDCs / SIs/ACH/ ECS/ other electronic or clearing mandate so issued would constitute an offence under section 138 of the Negotiable Instruments Act, 1881. Accordingly, in case of such dishonour or if an Event of Default has occurred on account of a PDC / ECS/ACH / SIs or any other electronic or other clearing mandate as provided by the Borrower being dishonored, then HDBFS shall have the right to initiate legal proceedings under Section 138 of the Negotiable Instruments Act, 1881 or may take such action, as advised, against the Borrower. 7 NOTICE7.1 All notices, approvals, instructions, demand and other communication given or made under these presents shall be in writing and may, subject to Clause 7 (Notices) hereof, be given by facsimile, by personal delivery or by sending the same by pre-paid registered mail, if to the Borrower at his address as provided for in the Loan (or such other address as the Borrower has by 5 (Five) days' prior written Notice specified to HDBFS) and if to HDBFS at its address as provided in the Loan. 7.2 Any notice, approval, instruction, demand or other communication so addressed to the Borrower shall be deemed to have been delivered (a) if given or made by registered mail, 3 (three) days after posting; and (b) if given by personal delivery at the time of delivery. Any notice or communication so addressed to HDBFS shall be deemed to have been delivered only upon receipt by HDBFS. |
4 REPRESENTATIONS AND WARRANTIES4.1 The Borrower hereby represents and warrants on the date of these presents and thereon on each day during the continuance of the Loan that:
(1) The Borrower is a citizen of India and is a person resident in India for all purposes under Applicable Law;
(2) All information set out in the Loan Documents and furnished to HDBFS in connection with the Loan, whether through physical or electronic means, is true and correct, and is not false or misleading in any manner;
(3) The Borrower is competent to contract under Applicable Law and the Borrower availing of the Loan and performing the transactions contemplated by, and the obligations set out in, the Loan Documents do not and will not conflict with Applicable Law or judicial order applicable to the Borrower or any agreement or document to which the Borrower is a party or which is binding upon it or any of its assets;
(4) No steps have been taken or legal proceedings been started at the time of disbursement of the Loan with respect to the voluntary or involuntary bankruptcy of the Borrower or for the appointment of a receiver, administrator, trustee or similar officer of the Borrower or of any or all of the Borrower's assets or revenues;
(5) The obligations undertaken by the Borrower under the Loan Documents are valid, binding and enforceable;
(6) There is no suit, action, investigation or proceedings against the Borrower pending before any court of law or authority, which might affect the Borrower's liability to perform its obligations under the Loan Documents and/or might put into question the validity, enforceability or performance of the Loan Documents;
(7) That no Event of Default or Material Adverse Effect has occurred, is continuing or might reasonably be expected to result from the execution of the Loan Documents and/or obtaining the Loan;
(8) The Borrower is not identified as a wilful defaulter by RBI; and
(9) The Borrower is in compliance with Applicable Law, and not subject to any liability by reason of non-compliance with Applicable Law. 4.2 The details of the Product and the amounts set out in the invoice issued by the Relevant Merchant for the Product and countersigned by the Borrower, a copy of which is annexed in Schedule III hereto, are correct and have not been and will not be disputed by the Borrower. 4.3 Notwithstanding that the Product may be lost, stolen, damaged, defective or destroyed due to any reason including force majeure event (such as acts of God, floods, cyclones, earthquakes, fires, wars, riots, strikes, orders of governmental or other statutory authorities, national emergency, or any other similar causes) and/or by the act of either the Relevant Merchant and/or Borrower and/or any other third party, whether while being delivered to the Borrower or thereafter, once the Loan has been disbursed by HDBFS, the obligations of the Borrower to continue making the repayments of the Outstanding Balance shall continue unaffected. 5. SECURITY5.1 The Outstanding Balance shall be secured by the Product over which HDBFS shall have first and exclusive charge. 5.2 The demand promissory note ("DPN"), if any, given/ to be given by the Borrower in favor of HDBFS shall be enforceable for the Repayment, notwithstanding any amount being repaid in relation to the Loan by the Borrower from time to time or the amount payable in respect of the Loan being reduced for any reason. Further, in case of death of the Borrower, the DPN given by the Borrower shall be invoked against his/ her legal heir/s, executors and/or administrators. 6. EVENTS OF DEFAULT6.1 An event of default shall have occurred upon the happening of any event or circumstances mentioned hereunder (each, an "Event of Default"): (1) The Borrower does not pay, on any due date, any amount payable in accordance with the Loan Documents; (2) If any SI or ECS or PDC or ACH mandate or any other electronic clearing mandate, as the case may be, that is provided by the Borrower is not honored on the relevant due date for any reason whatsoever; (3) If any litigation, arbitration or administrative proceedings are filed against the Borrower which proceedings may in the sole opinion of HDBFS adversely affect the interests of HDBFS; (4) If the Borrower dies or is declared insolvent and if any action or other procedure or step is taken/ initiated (including the making of an application, serving of a demand notice, the presentation of a petition, the filing or service of a notice or the initiation of an insolvency resolution process under the Insolvency and Bankruptcy Code, 2016 ("IBC")) against the Borrower or any demand notice is issued against the Borrower by any Person/ authority, for his insolvency, or the Borrower becomes subject to any proceeding (whether legal or otherwise) whatsoever for his insolvency or if a receiver, administrator, insolvency resolution professional, liquidator, supervisor, trustee or any such authority or person is appointed for the whole or part of his assets, properties of the Borrower under Applicable Law, including under IBC or any other insolvency law or if the Borrower enters into any compromise, assignment or arrangement with any of its creditors or if the Borrower himself initiates any step towards any similar action as described hereinabove or if a moratorium or other protection from its creditors is declared or imposed under Applicable Law on the Borrower; (5) If any representations and/or warranties contained in the Loan Documents are found to be untrue, misleading or incorrect, when made or deemed to be made; (6) If the Borrower is unable to meet any of its obligations when due to HDBFS or any other bank, financial institution or other lender; (7) There exists any circumstances which in the opinion of HDBFS jeopardizes HDBFS interest or security over the Product; (8) Any breach of the terms and conditions contained in the Loan Documents or with respect to any other loans granted by HDBFS; (9) If the Borrower becomes of unsound mind or is affected by any other disability which affects the ability of the Borrower to satisfy his obligations under the Loan Documents; (10) If the Borrower is unable to or has admitted in writing his inability to pay any of his indebtedness incurred from any of its lenders as they mature or when due and/ or suspends making payments on any of his debts by reason of actual or anticipated financial difficulties; (11) If any event/circumstance or any series of events/ circumstances occur, which in the sole opinion of HDBFS, might have a Material Adverse Effect on the Borrower or his business; (12) The Borrower is identified as a Non-Cooperative Borrower by HDBFS, provided that no Event of Default shall occur under this paragraph (l) if the Borrower provides clarifications to the satisfaction of HDBFS within 30 (Thirty) days of being notified of such identification as a Non-Cooperative Borrower, where "Non-cooperative Borrower" shall have the meaning given to 'non-cooperative borrower' in paragraph 21.1 of the SBR Regulations; (13) The Product is damaged, stolen, confiscated, attached/ taken into custody by any official authority, or is subject to any proceedings; (14) If the Borrower deploys the monies from the Loan for any purpose other than the purpose for which it has been granted to the Borrower; (15) If the status of the Borrower's Loan account is concluded as a fraud account by HDBFS due to, (i) any inconclusiveness of the audit report submitted in terms of clause 12.8, or (ii) any delay in the submission of the said audit report due to non- cooperation by the Borrower, or (iii) in accordance with Applicable Law. 8. GOVERNING LAW AND ARBITRATION8.1 The validity, interpretation, implementation and resolution of disputes arising out of or in connection with the Loan and these Terms and Conditions shall be governed by the laws of India. 9. DISPUTE RESOLUTION9.1 In the event of any dispute, controversy or difference or claim arising directly or indirectly out of or relating to the Loan Facility and/or any of the Facility Documents or any related agreement or other documents or the validity, interpretation, breach or termination thereof or anything done or omitted to be done pursuant thereto or the performance or non-performance of any of the Facility Documents shall be referred to Arbitration, including claims seeking redress or asserting rights under applicable law ("Dispute"), shall be resolved and finally settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as may be amended from time to time or its re-enactment (the "Arbitration Act"). The parties hereby consent to a single, consolidated arbitration for all disputes that may at the time exist. 9.2 The party invoking the Arbitration (Claimant) shall address a notice/letter ("Arbitration Notice") to the other party wherein the Claimant will inter alia set out the name of three (3) independent arbitrators who shall be either a retired judge of the District Court, High Court or the Supreme Court or a lawyer having minimum 10 years relevant experience of practicing in the legal field and each of whom should be impartial and eligible arbitrators, fulfilling all the criteria of an eligible Arbitrator under section 12 (5) and under Schedule VII of the Arbitration Act. The other party should within 15 (fifteen) days from the date of the Arbitration Notice either (i) convey in writing its approval to pick any one of the arbitrators named by the Claimant in the Arbitration Notice; or (ii) set out in writing the name of three (3) other independent arbitrators who shall be either a retired judge of the District Court, High Court or the Supreme Court or a lawyer having minimum 10 years relevant experience of practicing in the legal field and each of whom should be impartial and eligible arbitrators, fulfilling all the criteria of an eligible Arbitrator under section 12 (5) and under Schedule VII of the Arbitration Act. If the other party names 3 (three) other arbitrators, the Claimant will within [10 (ten)] days of receipt written communication from the other party either (i) convey in writing its approval to pick any one of the arbitrators named by the other party or (ii) communicate that the arbitrator's names by the other party are not acceptable to the Claimant. 9.3 If i) the choice of arbitrators named by either the Claimant or the other party is not acceptable to the other or (ii) either party fails to respond to the other within the stipulated timelines, then the Dispute shall be referred to arbitration in accordance with the provisions of the Arbitration Act, by an arbitrator, appointed from the list of Arbitration Institution mentioned on the website of HDBFS as per the procedures laid down by the selected Arbitration Institution above. Both the parties shall be bound by the arbitrator appointed by the selected Arbitration Institution. 9.4 The arbitration proceedings shall be conducted preferably through conventional means or otherwise through online mode. The Dispute shall be settled by Arbitration to be held at the place (if conducted through conventional means) shall be Chennai, India in accordance with the provisions of Arbitration Act and shall be referred to the sole arbitration of the arbitrator as appointed above. The expenses of the arbitration shall be borne in such manner as the arbitrator may determine. In the event of death, refusal, neglect, inability or incapability of the person so appointed to act as an arbitrator by the aforesaid Arbitration Institution then the same Arbitration Institution shall appoint a fresh arbitrator as per the procedures laid down by the Arbitration institution therein. 9.5 The arbitration proceedings shall be conducted in English and any documents not in English submitted by any party shall be accompanied by an English translation. Cost and fees borne for arbitration proceedings shall equally pay by the both parties 9.6 The award including interim award/s of the arbitration shall be final, conclusive and binding on all parties concerned. The arbitrator may lay down from time to time the procedure to be followed by him in conducting arbitration proceedings and shall conduct the arbitration proceedings in such manner as he considers appropriate.Notwithstanding anything to the contrary contained hereinabove, with reference to all or any other matters which are not arbitrable/ capable of being arbitrated in the manner set out hereinabove and are required to be referred to/ be instituted in courts and tribunals, each Party submits itself to the jurisdiction of the courts and tribunals at Chennai, India. |
|
9.7 Notwithstanding what has been stated clauses above, the Borrower acknowledge and agree that HDBFS may, however, in its absolute discretion, commence any legal action or proceedings arising out of these Terms and Conditions against the Borrower in a court, tribunal or any other appropriate forum situated in any other part of India and each of the Borrower irrevocably submit to and accept for itself and in respect of each of its property, generally and unconditionally, the jurisdiction of such court or tribunal, and the Borrower irrevocably waive any objection it may have now or in the future to the laying of the venue of any legal action or proceedings and any claim that any such legal action or proceedings has/ have been brought in an inconvenient forum. 9.8 Subject to Applicable Law, nothing contained herein shall be construed as extinguishing, limiting or ousting the rights prejudicing any action undertaken by HDBFS and/or the remedies of/ available to HDBFS, if available now or in the future as against the Borrower under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and/or IBC and the rules and regulations framed thereunder, and HDBFS shall stand absolutely entitled to exercise such rights/remedies thereunder irrespective of the initiation, pendency, or continuation of any other arbitral or other legal action or proceedings. 9.9 Nowtwithstanding anything to the contrary contained hereinabove, in the event that HDBFS, as a result of a change in Applicable Law or otherwise, becomes entitled to recover the dues owed to it or be treated as a 'financial institution' under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 ("RDDBFI Act") and to exercise rights/remedies thereunder, the Borrower hereby expressly agree and consent that HDBFS shall be entitled to exercise the rights and remedies available to HDBFS under the RDDBFI Act including to recover the outstanding amounts/ dues from the Borrower or any other Persons, by filing proceedings with any of the debt recovery tribunals constituted thereunder. In addition, the Parties agree that in the event that HDBFS is empowered to exercise rights and powers under the provisions of the RDDBFI Act as aforesaid, the provisions of clauses 9.1 to 9.6 above and the agreement to arbitrate as between HDBFS and the Borrower, shall, at the option of HDBFS, cease to have effect. In addition, the Parties agree that in the event that HDBFS is empowered to exercise rights and powers under the provisions of the RDDBFI Act as aforesaid, the provisions of clauses 9.1 to 9.6 above and the agreement to arbitrate as between HDBFS and the Borrower, shall, at the option of HDBFS, cease to have effect. 9.10 The provisions of Clause 8 above and this Clause 9, shall survive the termination of these Terms and Conditions. 10 DISCLOSURE OF INFORMATION10.1 The Borrower accepts and understands that as a precondition, relating to grant of the loans/advances/ other non-fund-based credit facilities to the Borrower, HDBFS requires the Borrower's consent for the disclosure by HDBFS of information and data relating each Borrower, of the credit facility availed of/to be availed, by the Borrower, obligations assumed/to be assumed, by the Borrower, in relation thereto and default, if any, committed by the Borrower, in discharge thereof. The Borrower consents to the disclosure (including public disclosure) by HDBFS of, information and data relating to the Borrower (including its promoters, directors, employees etc.), of the credit facility availed of/to be availed, by the Borrower, obligations assumed/to be assumed, by the Borrower, in relation thereto and default, if any, committed by the Borrower, in discharge thereof.
10.2 Accordingly, the Borrower, hereby agrees and gives consent for the disclosure by HDBFS of all or any such information and data relating to the Borrower and any credit facility availed of/to be availed by the Borrower and default, if any, committed by it, in discharge of its obligations, as HDBFS may deem appropriate and necessary, to disclose and furnish to credit information companies (CICs), Central Repository of Information on Large Credits (CRILC), any other credit information company(ies)/ agency authorised in this behalf by RBI and Law Enforcement Agencies (LEA) such as State Police Authorities 10.3 The Borrower hereby gives specific consent to HDBFS for disclosing /submitting the financial information' as defined in Section 3(13) of IBC read with the relevant Regulations/Rules framed under IBC, as amended and in force from time to time and as specified there under from time to time, in respect of the credit/ financial facilities availed from HDBFS, from time to time, to any 'Information Utility' ('IU') as defined in Section 3(21) of IBC, in accordance with the relevant regulations framed under IBC, and directions issued by RBI from time to time and hereby specifically agree to promptly authenticate the financial information submitted by HDBFS, as and when requested by the concerned 'IU'. 10.4 The Borrower hereby declares and confirms that the information and data furnished by the Borrower to HDBFS is true, correct, accurate and complete in all respects and is not misleading in letter or spirit whether by reason of omission to state a material fact or otherwise.
|
10.5 The Borrower further gives its consent to HDBFS and/or RBI and/ or CICs to: (1) use or process the said information and data disclosed by HDBFS in the manner as deemed fit by them; (2) disclose or furnish for consideration, the processed information and data or products thereof prepared by them, to banks/financial institutions and other credit grantors or registered users, as may be specified by RBI in this behalf; and (3) disclose any information / documents relating to the Borrower to any third party including the HDBFS' group companies for promotional purposes or any other purpose as HDBFS may deem fit. 10.6 The Borrower hereby unconditionally and irrevocably gives consent: (i) to be classified as a Non-Cooperative Borrower by HDBFS after being given due notice of 30 (Thirty) days by HDBFS and upon receipt of such notice, upon the clarifications which have been furnished to HDBFS by the Borrower in this respect are not to the satisfaction of HDBFS; (ii) for its Loan account to be identified as a fraud account, in accordance with Applicable Law. 10.7 Personal data protection (i) If the Borrower provides or has provided to or for HDBFS, with its Personal Data, (where "Personal Data" shall have the meaning given to 'personal data' in Section 2(t) of the Digital Personal Data Protection Act, 2023 or such definition as may be amended, revised or replaced under the Digital Personal Data Protection Act, 2023) as required by, pursuant to, or in connection with the Loan, the Borrower confirms to HDBFS that (i) it has, to the extent required by Applicable Law, been notified by HDBFS, the Specified Purposes for which data is/will be collected, processed, used or disclosed by HDBFS or any of its service providers ("Processing Entities"); (ii) hereby accepts such notice of HDBFS; and (iii) hereby consents to such collection, processing, use and disclosure of his/her Personal Data by HDBFS in each case, in accordance with or for such Specified Purposes. For the purposes of these Terms and Conditions, "Specified Purposes" shall mean for the purpose of: (i) PAN and voter ID verification service; (ii) Aadhaar masking and liveliness check platform; (iii) bank account validation; (iv) account aggregator; (v) payment gateway service; (vi) e-sign service; (vii) eNACH service; (viii) call centre platform; (ix) lending service provider service; (x) direct sales agent; (xi) insurance digitization platform; (xii) sourcing and lead generation; (xiii) legal service (document verification, stamping, franking); (xiv) credit assessment; (xv) submission of data to CICs for obtaining credit scores; (xvi) fraud detection; (xvii) collections; (xviii) any communication or verification to be made in relation to the Loan. (2) The Borrower acknowledges that HDBFS has agreed to grant the Loan basis the understanding that HDBFS and the Processing Entities shall be able to process the Personal Data without any interruption or breakage, the nature of the contract, being a loan contract. Subject to Applicable Law, withdrawal of this consent by the Borrower will not prevent HDBFS and/or Processing Entities from continuing to process the Personal Data for the Specified Purposes or in accordance with Applicable Law. (3) Separately the Borrower acknowledges that the fact that this consent has been requested or the Borrower is giving this consent, does not by itself limit or prejudice any grounds or bases which HDBFS or any of its Processing Entities may have for processing the Personal Data of the Borrower without consent, and this consent is not in derogation of any such other ground or basis and is in addition to any such ground or basis. For clarity, even if this consent is withdrawn, HDBFS and/or the Processing Entities may continue to process the Personal Data for performance of the contract in relation to the Loan or for taking any steps pursuant to the contract or for protecting the legitimate interests of HDBFS pursuant thereto, or when this consent is not the only basis or ground for processing. (4) The Borrower hereby acknowledges and confirms that all the Specified Purposes are lawful purposes. (5) The Borrower hereby understands and agrees that the processing of Personal Data is necessary for the Specified Purposes. (6) The Borrower hereby acknowledges and confirms that the consents given or denied under this contract do not limit any other consents obtained or given. (7) The Borrower hereby confirms that this consent is being given freely by the Borrower without any pressure, influence or coercion from any other person, and that the consent is a free, specific, informed, unconditional and unambiguous consent. (8) The Borrower hereby acknowledges and confirms that the Borrower had requested the notice of HDBFS and the request for consent to be made available to the Borrower in English and they further acknowledge that they have voluntarily chose to give their consent in English. |
|
10.8 In the event the Loan granted by HDBFS to the Borrower aggregates to INR 5 (Five) crores and above, the Borrower declares, assures and states that, except as disclosed in Schedule II hereto, he/ she is not a director (including the Chairman/ Managing Director) or a Senior Officer or a Relative of directors or Senior Officers, of HDBFS, where the term "Senior Officer" shall have the same meaning as assigned to "Senior Management" under section 178 of the Companies Act, 2013. The term "Relative" shall have the meaning assigned to it under clause 77 of section 2 of the Companies Act, 2013. The Borrower makes the above declaration solemnly and sincerely, believing the same to be true and knowing fully well that on the faith and strength the correctness thereof, HDBFS has agreed to grant the Loan. The Borrower also agrees that it is a condition of the grant of the Loan that if any statement made with reference to the above is found to be untrue or misrepresented at any time, HDBFS shall be at liberty and be entitled to revoke the Loan at its sole discretion and the Borrower shall be obliged to repay the Outstanding Balance without any further demur or delay. The Borrower declares that unless specifically mentioned in Schedule II hereto, the Borrower is not related to HDBFS as specified under this Clause 10.8. 11. In order to raise any grievance which the Borrower may have in relation to the Loan in respect of these Terms and Conditions, the Borrower can access HDBFS's website at https://www.hdbfs.com/customer-support at any point of time for grievance redressal mechanism. If a complaint in respect of a grievance has been received in writing from the Borrower, HDBFS shall endeavour to respond to the same in terms of its internal policies and procedures developed based on the directions as may be issued by the relevant regulator from time to time. Notwithstanding the existence or continuance of such considerations or matters, whether being a valid grievance in terms hereof or otherwise, the Borrower's obligation in respect of the Loan including but not limited to its repayment obligations, shall be absolute, distinct and independent of such considerations or matters, whether being a valid grievance in terms hereof or otherwise. 12 MISCELLANEOUS12.1 HDBFS does not hold any warranty or make any representation with respect to the fitment, serviceability, availability, delivery, post sales service, quality, merchantability or suitability of the Products and HDBFS shall not be liable for the same in any manner whatsoever.
12.2 The Borrower agrees and accepts that HDBFS shall have no liability to the Borrower in respect of any loss or damage arising directly or indirectly out of: (i) non- performance, non-delivery or delay in delivery of the Product; (ii) breach of warranty or supply of inferior, defective or damaged Product; or (iii) any dispute between the Borrower and the Relevant Merchant. Upon the occurrence of any such event, the risk with respect to the same shall be borne by the Borrower and any such event or dispute shall not affect the obligations of the Borrower to make payment of the Outstanding Balance on the due dates. 12.3 HDBFS reserves the right to: (i) revise the Loan Documents and such revisions shall be notified to the Borrower in writing, which shall be binding on the Borrower and which revisions shall take effect immediately on the Borrower being notified of the same; and (ii) stipulate any other and future terms and conditions that it may deem fit at any time prior to or after the grant of the Loan and the same shall be notified to the Borrower in writing. 12.4 The Borrower acknowledges and confirms that HDBFS shall be entitled to receive fees from the Relevant Merchant, whether in the form of subvention fees or otherwise, in respect of the Product(s) sold by the Relevant Merchant to the Borrower and the Borrower hereby states that it has no-objection towards the payment of any such fees by the Relevant Merchant to HDBFS.
12.5 The Borrower shall not be entitled to any increase in the principal amount of the Loan either by reason of any increase in the purchase price of the Product or for any other reasons. However, in the event of any decrease in the purchase price of the Product, HDBFS may in its discretion reduce the principal amount of the Loan by way of a written communication to the Borrower. 12.6 The Borrower expressly understands that these Terms and Conditions are applicable to a financing transaction and give rise to a relationship of debtor and creditor as between the Borrower and HDBFS and are not in respect of any service rendered/ to be rendered by HDBFS. Accordingly, the provisions of the Consumer Protection Act, 1986 shall not apply to these Terms and Conditions. 12.7 The Borrower will, if required, and subject to prior permission of HDBFS, swap / interchange the cheques issued and drawn in one bank to that of the other bank, on paying the HDBFS cheque swapping charges as stated in the Loan Documents. |
12.8 The Borrower agrees that HDBFS shall have the right to appoint or cause the Borrower to appoint, whenever they consider necessary, any chartered accountant/cost accountant or firm of chartered accountants (hereinafter referred to as "the Auditors") for carrying out, an audit of the Loan account of the Borrower in case where there is a suspicion/ indication of wrongdoing or fraudulent activity in respect of the Loan account of the Borrower or, any specific assignment/s, to examine the financial and/or cost accounting systems and procedures adopted by the Borrower or as concurrent/ external/ internal auditors. The Borrower shall give full co-operation and provide the necessary assistance to the Auditor/s or firm so appointed by HDBFS in carrying out its examination and the audit report with respect to the above, shall be furnished to HDBFS within such time, as may be acceptable to and required by HDBFS. The costs, charges and expenses including professional fees and travelling and other expenses for such examination, shall be payable by the Borrower. In the event the Borrower fails to make such payment, HDBFS can pay such expenses to the Auditors, and the Borrower shall be liable to reimburse HDBFS for the said expenses. 12.9 The Borrower shall, upon occurrence of Event of Default in terms of Clause 6.1(o) herein, be debarred from raising funds and/ or seeking additional credit facilities from any financial entities regulated by RBI, for a period as prescribed under Applicable Law, from time to time. The Borrower agrees and confirms that HDBFS shall have the sole discretion to entertain or decline any requests for grant of credit facilities to the Borrower upon expiry of the said period. 12.10 The Borrower shall: (1) not use the Product for unlawful or anti-social purposes; (2) not utilize the Loan to purchase jewellery or any other products, the purchase of which is not eligible for finance by HDBFS; (3) only use the Product for personal use; (4) not to remove the Product from the State where the Product is purchased without the written consent of HDBFS; (5) not transfer the Product to any third party and maintain the Product in good order and condition during the currency of the Loan; (6) not without obtaining prior written permission from HDBFS, borrow any amount from other banks or financial institutions; (7) upon change of residence, immediately intimate such change to HDBFS; (8) ensure that no part of the Loan is utilized for any illegal, immoral activities, gambling, lottery or any speculative activities; (9) do all such things and execute all such writings as HDBFS may require from time to time for duly or more perfectly securing the Outstanding Balance in relation to the Loan 12.11 HDBFS may in its discretion, but without being bound to, monitor or verify the application of any amount borrowed pursuant to the Loan Documents. Provided however that nothing herein shall restrict the right of HDBFS to monitor the use of the funds drawn down under the Loan. The Borrower undertakes to make available to HDBFS, or its authorised representative, internal and external auditors or otherwise required under Applicable Law, all such books, accounts, data, documents, equipment, premises and other property relevant to the performance of its obligations, undertaken in terms of the Loan Documents, including for the purpose of audit and inspection of the Borrower, as HDBFS may deem appropriate and the Borrower shall take all care and caution for facilitating such inspection and audit process, as may be required by HDBFS. 12.12 The Borrower shall promptly, upon the request of HDBFS, supply, or procure the supply of such documentation and other evidence as is requested by HDBFS for itself or any of its representatives to conduct all checks and compliances under the Prevention of Money Laundering Act, 2002, including but not limited to, any "Know Your Customer" or other similar procedures under Applicable Law. 12.13 Each party shall co-operate with the other party and execute and deliver to the other parties such instruments and documents and take such other actions as may be requested from time to time in order to carry out, evidence and confirm their rights and the intended purpose of these Terms and Conditions. 12.14 The Borrower agrees that HDBFS shall be entitled to an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain the Borrower or any other party from committing any violation or enforce the performance of the covenants, representations, warranties and obligations contained in these Terms and Conditions. These injunctive remedies are cumulative and are in addition to any other rights and remedies HDBFS may have under Applicable Law or in equity, including without limitation a right for damages. |
|
12.15 Set-off and Lien: Notwithstanding anything to the contrary in these presents or any other document/arrangement: (i) in respect of all and any of Borrower's present and future liabilities ("Liabilities") to HDBFS, its affiliates, group entities, associate entities, parent, subsidiaries, any of their branches (collectively "Relevant Entities"), each of HDBFS and the Relevant Entities shall, in addition to any general lien or similar right to which any of them may be entitled by law, practice, custom or otherwise, have a specific and special lien on all the Borrower's present and future stocks, shares, securities, property, book debts, all moneys in all accounts whether current, savings, overdraft, fixed or other deposits, held with or in custody, legal or constructive, with HDBFS and/or any Relevant Entities, now or in future and (ii) separately, each of HDBFS and the Relevant Entities shall have an express right to, by giving a prior notice/intimation to the Borrower(s) with particulars of the claim and other relevant information of the Borrower, set-off, transfer, sell, realize, adjust, appropriate all such amounts in all accounts (whether prematurely or upon maturity as per the Bank's discretion), securities, amounts and property as aforesaid (whether ear- marked for any particular Liability or not) for the purpose of realizing or against any of dues in respect of any of the Liabilities. 12.16 The Borrower agrees and undertakes that he/she shall not be entitled to transfer or assign any of his/her rights or obligations under these presents to any person. The Borrower further agrees that HDBFS may at any time transfer, assign, securitize or novate, the whole or any part of the Loan including its rights, benefits or obligations under the Loan Documents to any person and the Borrower hereby expressly consents to any such assignment, transfer, novation and securitisation. 12.17 The Borrower shall indemnify and hold HDBFS, its directors, employees, shareholders, agents, consultants, representatives ("Indemnified Parties" ), indemnified and harmless from time to time and at all times from and against any and all actions, suits, proceedings and losses, damages, claims, expenses, charges, demands, penalties or other costs including attorneys' fees which may be incurred by the Indemnified Parties as a result of any false or misleading information given by the Borrower to HDBFS herein and under any other Loan Document or any breach, default, contravention, non-observance or non-performance by the Borrower of these Terms and Conditions and any other Loan Document, and/or any claim or demand or action by any person or authority for anything arising due to or pursuant to or in connection with the Loan. HDBFS shall be entitled to include any amount payable by the Borrower under this clause 12.17 in the amount of the Outstanding Balance. 12.18 The Borrower acknowledges and agrees that HDBFS is acting as a lender and shall not be responsible or liable for any loss, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to any communication/arrangement between the insurance company and the Borrower. The Borrower understands, acknowledges and agrees that HDBFS shall not be held responsible or liable for any loss, claim, liability, or damage arising out of insurance related issues with respect to the Product. 12.19 The Borrower hereby accepts and confirms that they have no objection to HDBFS administering the Loan through third parties. The Borrower confirms that HDBFS may, either partly or in full, delegate such of those activities to any third party including a recovery agent, as it may think fit in the circumstances. Such delegation of work, would include the right and authority to collect on behalf of HDBFS, the Outstanding Balance including other rights to send notices, demand, visiting the residence/office/business place of the Borrower, take possession of the security or contacting the Borrower to collect the Outstanding Balance, giving a valid receipt and granting effectual discharge to the Borrower and generally performing all lawful acts as the third parties may consider appropriate for the purposes. For the purpose aforesaid as for any other purpose at the sole discretion of HDBFS, HDBFS shall be entitled to disclose to the third party the details of the Borrower, the Loan, the Outstanding Balance and other information for effectively discharging the work assigned to the third party and the Borrower hereby consents to such disclosure by HDBFS. |
12.20 The Borrower shall not induct a person, into its board of directors or, as a person in charge and responsible for the management of the affairs of the Borrower, whose name appears in the willful defaulters list of RBI or CIBIL or any other list in relation to wilful defaulters under Applicable Law, and take expeditious and effective steps for the removal of such a person, where he/she is already a member of the board of directors or is in charge and responsible for the management of the affairs of the Borrower 12.21 The delay in exercising or omission in exercising any right, power or remedy accruing to HDBFS upon any default under these Terms and Conditions shall not impair any such right, power or remedy or construed to be a waiver thereof or any acquiescence in such default. The action or inaction of HDBFS in respect of any default or any acquiescence by it in default shall not affect or impair any right, power or remedy of HDBFS in respect of any other default. The waiver of any default or delay under these Terms and Conditions by either party shall not constitute a waiver of any subsequent delay or default of a similar or different nature. 12.22 The provisions of these presents shall be severable, and any provision hereof prohibited by any law shall be ineffective to the extent of such prohibition without invalidating the remaining provisions hereof. 12.23 The Borrower also acknowledges that the execution of these Terms and Conditions will be complete only once the same is accepted by HDBFS. HDBFS is not required to sign these Terms and Conditions in any physical form. HDBFS shall be deemed to have accepted this document by way of disbursing the Loan to the Borrower and upon disbursement of the Loan, the Loan and sanction letter(s) read together with these Terms and Conditions shall constitute a valid and binding agreement between the Borrower and HDBFS. 12.24 The Borrower agrees that the Schedule/(s), annexure/(s) set out hereunder, welcome letter and schedule/(s) thereto shall form an integral part of these Terms and Conditions. 12.25 The Borrower acknowledges and agrees that HDBFS shall be entitled to take any decision or make any determination as contemplated under the Loan Documents in such manner as it deems fit. DECLARATIONSigned and delivered by/for and on behalf of the Borrower in token of and in witness of having read and/ or being explained to the Borrower in the vernacular language or the language understood by the Borrower (which includes English), verified, understood, irrevocably agreed to, accepted, confirmed and declared all the clauses viz 1 to 12.24 of the 'DECLARATION CUM TERMS AND CONDITIONS OF LOAN AGREEMENT' document, Loan Application Form, all contents thereof including all the terms and conditions therein including but not limited to the annualized Interest Rate, Delayed Installment Payment Charge, appropriation of payments etc. and authenticated accuracy and correctness of the same after duly understanding their impact and the Borrower shall not raise any dispute regarding the same in present or in future and the Borrower shall be bound by the entire all the terms and conditions mentioned and specified therein. |
I/We have agreed to avail financing facility ("Loan") from HDB Financial Services Limited ("HDBFS") for purchasing a product/(s) through Flipkart platform.
I/We hereby expressly and specifically consent for the Loan cancellation in full or part and hereby undertake to make the payment of Loan cancellation charges to HDBFS in advance under this present application form without raising any objection or dispute thereon. I/We hereby provide my express and specific consents to HDBFS under this application form to collect, use, store, process, transfer/transmit my personal and identifiable information for Loan cancellation in full or part and also for recovering Loan cancellation charges from me/us.
I/We hereby further agree and understand that in the event where the Loan is cancelled c in part the EMI of the Loan will be reduced proportionately and the tenor of Loan will remain constant. I/We hereby expressly undertake to continue to make payment of pre-decided EMI of Loan. I/We also understand that in the event where loan is cancelled in part and the funds are realised in HDBFS designated account on or before 25th of the month then in such case the effective date for EMI reduction shall be from immediate next month and for funds realized post 25th of the month the EMI reduction shall be effective from be next to next month. I/We hereby undertake not to object nor to dispute with effective date of EMI. I/We hereby expressly undertake full responsibility and liability to pay EMI on or before due date, failing which HDBFS shall have all rights and interests, without waiving any of its rights and interests, to recover the Loan along with applicable interest and Loan cancellation charges along with any other applicable charges thereon. Loan cancellation in full or partial shalll be made effective only post realisation of funds in the HDBFS designated account.
I/We hereby agree, understand and undertake that HDBFS will not be hold responsible or liable by me/us under this Loan application for any reasons whatsoever