Hero FinCorp Personal Loan Agreement
Hero FinCorp Personal Loan Agreement
CIN: U74899DL1991PLC046774
Website: [Link]
Sourcing Details
Manager Name
Manager Code
ID No IANPS2707H
SAJIN MANGALATHU
Thu, Nov 25, 2021 15:38:19 IST
Applicant Details Delhi
Applicant's Name AKANKSHA SRIVASTAVA
Mother's Name
Gender female
Number of dependents
PAN IANPS2707H
Residence Type
Contact Details
Landline (Home)
Landline (Office)
Direct line
Extension
WhatsApp No
Mailing Address
Pincode 208005
City/Village Kanpur
District
Address
Employment Details
Nearest Landmark
Pincode
City/Village
District
State
Company Type
Official Email Id
Designation (Salaried)
Designation (Self-Employed)
Nature of Business
Industry Type
Requested Tenure 6
Approved Tenure 6
Bank Details
Branch Name
Type of Vehicle
Wallet App
Banking App
Streaming App
UPI App
UPI No
E-Commerce App
Reference Details
Reference 1
Name
Contact no
Reference 2
Name
Contact no
Insurance Details
Nominee Name
Nominee Gender
This is to confirm that the Applicant has/have submitted the below mentioned self attested documents along with
the Loan Application Form to Hero FinCorp Limited.
DECLARATION
VERNACULAR DECLARATION
The Content of the Loan Application Form has been explained by me(the witness) to the Application
in___________(name of the language in which the application has signed)and the same has been understood
by the [Link] applicant further confirms that he/she is acceptable to receive all the future correspondence
in relation to this loan in English language.
Acknowledgement Receipt
Date : $TIME_STAMP
We acknowledge the receipt of your Loan Application Form bearing [Link] will get back to you within
14(fourteen) working days either in writing (including via email,letter or telephone) with respect to the status of
your Loan applied with Hero FinCorp Limited. This is subject to furnishing of all the necessary documents by
you, as mentioned in the Loan Application Form or communicated to you by Hero FinCorp Limited during the
loan appraisal process. Wherever any additional information/documents is required to process the loan. All loans
will be sanctioned at the sole discretion of Hero FinCorp Limited
SAJIN MANGALATHU
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Delhi
This document is digitally signed
This Personal Loan Agreement ("Agreement") is made at the place and on the day, month and year as set out in
Schedule-I hereto, by and between: The person(s) named in Schedule-I hereto as the Borrower and Co-
Borrower (hereinafter collectively referred to as the "Borrower", which expression shall, unless it be repugnant to
the subject or context thereof, include his/her heirs, nominees, legal representatives, executors, administrators,
successors and permitted assigns) of the ONE PART.
AND
Hero FinCorp Limited, a company incorporated under the provisions of the Companies Act, 1956, a Non
Banking Financial Company registered under the provisions of the Reserve Bank of India and having its
registered office at 34, Community Centre, Basant Lok, Vasant Vihar, New Delhi-110057, India, (hereinafter
referred to as "Lender" or " HFCL which expression, unless repugnant to the context, shall deemed to include
its successors and assigns) of the OTHER PART.
The Borrower and Lender are hereinafter individually referred to as Party" and jointly referred to as the Parties.
In case of there being more than one Borrower (i.e. there being Co-Borrowers), the reference to the term
Borrower shall be deemed to be as if it were plural and this document shall be read accordingly as if made and
liabilities taken by each of them jointly and severally. Reference to the masculine gender includes reference to
the feminine and neuter genders and vice versa.
The Borrower hereby irrevocably and unconditionally agrees to abide by the following terms and conditions:
1. Pursuant to the application made by the Borrower in the Loan Application Form (" Application"), Lender has
sanctioned a loan facility not exceeding the amount mentioned in the Schedule I (" Loan") and the Borrower
agrees to borrow the same, subject to the terms and conditions contained in the Application sanction letter, this
This document is digitally signed
Agreement and all other documents executed or entered into or to be executed or entered into by the Borrower in
relation to the Loan (hereinafter collectively referred to as " Loan Documents").
SAJIN MANGALATHUThe Borrower shall deliver to the
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Lender a duly completed and executed Disbursement Request Form Delhias set out in Schedule II to this Agreement.
Lender may disburse the Loan or any part thereof (" Disbursement") at its own discretion. Borrower shall use the
Loan only for lawful purpose stated in the Application and not for any other purpose including making investment
in the capital market or any speculative or illegal or immoral or anti-social purpose Notwithstanding anything
contained herein, Lender may at its sole discretion and without assigning any reason, suspend or cancel or
terminate the Loan and recall the entire Outstanding Dues, without prior Intimation to the Borrower
2. The Outstanding Dues shall collectively mean and include the all amounts payable by the Borrower to the Lender
pursuant to the Loan Documents including but not limited to the present and future obligations and liabilities of the
Borrower to pay repay including without limitation the principal amount of the Loan, Interest, default interest,
default charges, Indemnities, any other charges, dues and monies payable, costs and expenses reimbursable, as
outstanding from time to time and all such expenses in respect of or incidental to the borrowing or its recovery or
realisation. Borrower shall pay interest on the Loan the unpaid due Interest and all other outstanding charges and
monies at the rate of Interest specified in Schedule I hereto, on the outstanding daily balance from the date of
Disbursement compoundable at monthly rests. Lender in its sole discretion would be entitled to change the said
rate of interest (prospectively) including on account of changes made by the Reserve Bank of India ( "RBI"), on
account of changes in the lending rates, prevalent market practice, money market changes, reserve
requirements, provisioning norms, or changes in Applicable law, which would be intimated to the Borrower and
binding. Any revision in the rate of interest shall be applicable on the Borrower prospectively from the date of
communication. The Borrower acknowledges that such revised interest shall be deemed to form part of
Outstanding Dues. Applicable rate of interest may be different for different categories of borrowers and may differ
from one loan to other loan. Borrower shall also pay and bear all interest tax, if any, as applicable from time to
time. Borrower shall repay the Loan and pay the interest that is due from time to time by way of equated monthly
installments (EMIs) as specified in the Schedule-I or as may be specified by Landers, from time to time (time
being essence of contract). Borrower has perused, understood and agreed to Lender's method of calculating
EMIs as also the appropriation thereof into principal and interest
3. Payment of all the monies by the Borrower including EMIs shall be made on or before the respective due dates, at
such place as Lender may require, without any set-off or counterclaim or withholding of deduction by way of one
or more modes and instruments including post-dated cheques (" PDCs ")/Standing instruction (" SI")/National
Automated Clearing House (" NACH")/any other mode/instrument as may be acceptable to Lender. If any due
date falls on a non-Business Day of Lender, payment shall be made by the Borrower on the immediately
preceding business day of Lender. It is hereby clarified that "Business Day" shall mean a day (other than Sunday,
bank holiday, public holiday) on which the branch/office of the Lenders open for normal business transactions. In
case of cheques/other instruments, the payment shall be deemed to have been made by the Borrower only at the
point of time the sum is credited and realized fully in Lender's account irrespective of the date of instrument or
time of receipt or presentation of instrument. In case of any default by Borrower in the repayment of the
Outstanding Dues, the Borrower shall without prejudice to Lender's other rights and remedies, pay
default/additional/penal interest at the rate mentioned in the Schedule I hereto or as may be prescribed by
Landers, over and above the then applicable rate of interest till full payment is made/default is cured. The
Borrower acknowledges that any Sums, Interest, default amounts including but not limited to the Default Interest
under this Agreement are reasonable and represent a genuine pre-estimate of the loss in the event of non-
payment by the Borrower and/or non-compliance with the terms of the Loan Documents. Further, the Borrower
waives any defence available under usury or other Applicable Laws relating to the charging of Interest/Default
Interest
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Delhi
4. Borrower shall pay Lender the charges, fees, commissions, etc, as specified in the Schedule-I/Application or as
specified by Lender, within such time or upon occurrence of such events as specified and if not specified then
forthwith upon demanded by Lender. All other present and future costs and expenses, taxes (as applicable), any
related levy, stamp duty, in all jurisdictions, in relation to the this/other documents/any transaction pursuant
thereto, irrespective of who the beneficiary is, shall be borne and payable solely by the Borrower, including for
creation, enforcement, preservation of security, recovery, initiating/defending/pursuing any legal
proceedings/actions by Lender. In case of any such sums if paid or incurred by Lender, the Borrower shall be
liable to reimburse the same forthwith to Lender in full.
5. Any Payment made by/on behalf/for the Borrower or any realisations in relation to the Loan, security, shall be
appropriated towards Outstanding Dues in the following order: (a) towards costs and expenses incurred by
Lender; (b) towards any charges, commissions, fees, taxes, levies (wherever applicable); (c) towards
additional/default interest; (d) towards interest; and (e) towards principal amount(s). Any statement of account
furnished by Lender shall be accepted and be binding on Borrower and shall be conclusive proof of correctness of
amounts mentioned therein except for any manifest error therein.
6. Notwithstanding anything stated in any document, the continuation of the Loan shall be at sole and absolute
discretion of Lender and Lender may at any time in its sole discretion and without assigning any reason call upon
the Borrower to pay Outstanding Dues and upon such demand, Borrower shall pay the whole of Outstanding
Dues to Lender without any delay or demur.
7. Borrower's liability shall not be affected, terminated or prejudiced by death, insolvency, bankruptcy of Borrower,
but shall continue in full force, effect and shall be binding on Borrower's successors, heirs etc.
8. Lender at its sole discretion shall have the right to (i) revise or reschedule the repayment terms; or (ii) store
financial, identity and other data/information of the Borrower; or (iii) inspect books of accounts and other records
maintained by the Borrower; or (iv) recall the entire Outstanding Dues of the Borrower at any time.
9. The Borrower shall be entitled to prepay the Loan: (i) only if Lender permits the same upon at least 15 (fifteen)
days' written notice from Borrower communicating intention to prepay the said Loan and (ii) subject to such
conditions as Lender may prescribe including payment of the prepayment charges as mentioned in the Schedule I
hereto or as specified from time to time by Lender. There shall be no prepayment or foreclosure charges on
floating rate term loans sanctioned for purposes other than business to an individual borrower with or without co-
borrower.
10. Lender may at its own discretion and upon Barrower'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, which sum shall be added to the principal amount under the Loan and all the terms and
conditions shall be additionally applicable thereto. All expenses, charges, fees, taxes etc as applicable on any
such insurance shall be incurred and paid by Borrower, however, in case paid by Lender on Borrower's behalf,
Borrower shall reimburse the same to Lender within 24 (twenty four) hours of Lender's demand. The Borrower
shall instruct the insurance company to add Lender as loss payee in any such insurance policy.
11. Disbursement under the Loan shall be subject to Borrower having been provided the following documents as per
Lender's satisfaction: (a) duly executed counterpart of this Agreement and such other documents as per the
sanction letter and/or as required by Lender including without limitation, the Disbursement Request Form (as set
out in Schedule II); (b) latest financial statements, bank statements, ITR, KYC documents including proof of
identity, proof of address, date of birth proof of Borrower, as requested by Lender ; (c) PDC, NACH mandate
forms, security post dated cheques (SPDC), as may be required by the Lender.
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Delhi
12. Each of the Borrowers represent(s) and warrant(s) that (which shall be deemed to have been repeated to Lender
on the date of the Disbursement and on each date thereafter): (a) Borrower is a citizen of India and a major (in
terms of age) and is of sound mind and is competent to contract and enter into and perform his/her obligations
contemplated under this Agreement/Other Loan Documents in respect of the Loan; (b) There is no impediment or
restriction, whether under law, judgement order, award contract or otherwise, for any of the Borrower entering into
and/or performing any of the transactions contemplated by this Agreement/other Loan Documents in respect of
the Loan and all approvals and consents, wherever necessary have been duly obtained and are and will continue
to be in full force; (c) The execution hereof constitutes legal, valid and binding obligations of Borrower; (d) There
is no event of default existing or continuing; (e) All declarations made by Borrower are true and complete and no
information has been suppressed/withheld; (f) There are no arrears on taxes or other statutory dues and has
completed all necessary filings; (g) The "Know Your Customer" (" KYC") requirements of the lender have been
and shall be fulfilled and all other terms and conditions as maybe prescribed by RBI or by the Lender from time to
time have been and shall be complied with; (h) No suit, litigation, proceeding, investigation, corporate action,
creditor's process etc. by any government authority or any court or tribunal or any other person is ongoing or
pending or threatened against the Borrower or in respect of its assets
13. Borrower covenants and agrees that, except with prior specific and express written consent of Lender, Borrower
shall not (a) create, assume or incur any indebtedness to any person or lend/advance any amount to any person
or undertake any guarantee/security obligation; (b) go abroad for employment/business or long term stay; (c)
change/cease/retire from/terminate/resign from present employment/profession/business disclosed in the
Application. The Borrower undertakes that in case Borrower changes its name, address, employment, place of
employment, main bank account, nationality, citizenship etc. Borrower shall intimate the same to Lender in writing
immediately
14. If the PDC/SPDC delivered to Lender by the Borrower pursuant to this Loan or this Agreement, is lost, destroyed
or misplaced while in the custody of Lender becomes non encashable due to death, insolvency, lunacy, expiry of
validity, termination of authority, then in any of such events, the Borrower or its heirs shall within three (3) days of
intimation of the same, from Lender or immediately on the said PDC/SPDC being non encashable due to the
reasons mentioned herein or for any other reason, deliver to Lender such numbers of PDC/SPDC as may be
required by the Lender (in place of those that have been lost, destroyed, misplaced or become non encashable).
15. The Borrower shall sign and execute all documents, applications and provide requisite information and
documents as required for affecting the transfers through NACH/SI/Direct Debit by Lender with which the
Borrower's account is maintained. The NACH/Direct Debit Mandate Form delivered to Lender by Borrower
pursuant this Loan, shall not be changed, modified, countermanded without the prior written permission of
Lender.
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16. The Borrower undertakes and agrees to Indemnify, keep indemnified and hold harmless Lender, its affiliates,
representatives, agents, officers, directors, employees and assigns (each an "Indemnified Party") from and
against any and all losses, claims, actions, proceedings, demands, damages, costs and expenses incurred
including attorneys' and accountants' fees (collectively "Losses") to which any Indemnified Party may become
subject to, insofar as such Losses arise out of, in any way relate to, or result from: (i) any information provided or
approved by the Borrower being misleading or deceptive in any respect;(ii) failure by the Borrower to comply
with/fulfil any obligation, undertaking, covenant or condition contained in this Agreement or any other Loan
Documents; (iii) Breach by the Borrower of any representation and warranty; (iv) any act or omission that
constitutes a violation of Applicable Law by the Borrower; (v) occurrence of any Event of Default or any cause
thereof; (vi) any default made by the Borrower in the repayment of the Outstanding Dues or in the performance of
its obligations in accordance with this Agreement or any other Loan Documents; (vii) any delay in payment of any
sums payable or reimbursable by the Borrower to Lender under or pursuant to this Agreement. Further, Borrower
acknowledge the inherent risks involved in sending the instructions/communications/documents to or by Lender
via facsimile, emails or any other electronic mode and hereby agree and confirm that all risks shall be fully borne
by the Borrower and the Borrower hereby assumes full responsibility for the same, and undertakes to indemnify
Lender and keep Lender indemnified and harmless at all times from and against any and all Losses including any
claims and demands by any third party or any other actions (including legal fees on a full indemnity basis) and
howsoever arising which may be brought or preferred against Lender or that Lender may or may have to suffer,
Incur or sustain by reason or on account of Lender having so acted whether wrongly or mistakenly or not, or of
Lender failing to act wholly or in part in accordance with the instructions so received which could be a result of
any miscommunication, or technological error beyond the control of Lender considering the mode in which the
same was conveyed.
17. The following non exhaustive events shall constitute events of default (each an "Event of Default"), and upon the
occurrence of any of them the entire Outstanding Dues shall become Immediately due and payable by the
Borrower and further enable Lender inter alia to recall the entire Outstanding Dues and/or enforce any security
and transfer/sell the same and/or take, initiate and pursue any actions/proceedings as deemed necessary by
Lender for recovery of the Outstanding Dues: (a) Failure on Borrower's part to perform any of the obligations or
terms or conditions or covenants applicable in relation to the Loan under this Agreement/other Loan Documents;
(b) non payment in full of any part of the Outstanding Dues when due or when demanded by Lender; (c) any
misrepresentation or misstatement by the Borrower or any commencement of material Information or document or
event by the Borrower; or (d) occurrence of any circumstance or event which adversely affects Borrower's
ability/capacity to pay/repay the Outstanding Dues or any part thereof or perform any of the obligations; (e) if any
attachment distress, execution or other process against the Borrower/its assets; or (f) In the event of death,
unsound mind, Insolvency, failure in business, commission of an act of bankruptcy of the Borrower, or change or
termination of employment/profession/business for any reason whatsoever; or (g) Submission of any forged
document by the Borrower; or (h) for any regulatory or other reasons, Lender is unable or unwilling to continue the
Loan; or (i) any event or circumstance arises which has or, in the reasonable opinion of Lender, may cause
material adverse change; or (j) if the Borrower is convicted under any applicable law; or (k) any instruction is
given by the Borrower for stop payment with respect to any of the repayment cheques and/or payment through
NACH/Direct Debit for any reason whatsoever; or (l) any proceeding or imminent threat of proceeding initiated
against the Borrower, by any party under laws of insolvency (m) if the Borrower opts to discontinue his/her
profession or close down his/their business/trade for any reason whatsoever, (n) if the Loan or any part thereof is
utilized for any purpose other than the purpose for which it is sanctioned by Lender; (o) If the Borrower fails to
give NACH/I/PDC's or submit additional documents to Lender as provided herein; (p) any other event which in the
sole opinion of Lender would endanger the repayment of the Loan;(q) if the Borrower acts fraudulently or
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dishonestly.
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18. Without prejudice to the rights available to Lender under applicable law, on the occurrence of an event of Default,
Lender shall be entitled to exercise any of the following rights (whether simultaneously or otherwise), at its sole
discretion:(i) declare Outstanding Dues immediately and payable; (ii) declare all undrawn amount of the Loan as
cancelled forthwith; (iii) stipulate such other conditions of terms in relation to this Agreement or Loan Documents,
as Lender considers necessary; (iv) initiate appropriate civil or criminal proceedings against the Borrower,
including but not limited to under Section 138 of the negotiable Instrument Act, 1881 (v) enforce Lender's rights
under this Agreement/any other Loan Document/applicable law.
19. For all or any of the aforesaid purposes, on the occurrence of an Event of Default, the Borrower hereby
irrevocably appoints Lender as its attorney or attorneys, and in the name and on behalf of the Borrower, to
execute and do all acts, deeds and things which the Borrower is authorized to execute and do under the
covenants and provisions herein contained and generally to use the name of the Borrower in the exercise of all or
any of the powers under this Agreement and the Loan Documents or by law conferred upon Lender and also to
execute on behalf of the Borrower at the cost of the Borrower, the powers hereunder or by law conferred on
Lender and also to execute on behalf of the Borrower at the cost of the Borrower, such documents and deeds as
may be necessary to give effect to the provisions referred to hereinabove. The Borrower covenants with Lender to
ratify and confirm all acts or things made, done or executed by any attorney as contemplated in this clause.
20. Lender shall at any time, without any consent of or notice to the Borrower be entitled to securitise, sell, assign, or
transfer all or any part of Lender's rights and obligations under the Loan, this Agreement or any other Loan
Document, to any persons(s) and in such manner and on such terms as Lender may decide. The Borrower shall
not be entitled to directly or indirectly assign or in any manner transfer, whether in whole or part, any rights, the
benefit or obligation under the Loan, this Agreement/other Loan Document without prior written consent of
Lender.
21. Lender shall be entitled at its discretion to engage/avail of, at the risk and cost of Borrower, services of any
personal/third party service provider/agent/agency, for anything required for/in relation to/ pursuant to the Loan,
including collections, recovery of Outstanding Dues, enforcement of security, conducting credit in investigation of
the Borrower, getting or verifying any information of Borrowers/asset analyzing the bank statement of the
Borrower, and any necessary or incidental lawful acts/deeds/matters/things connected.
22. Lender shall, without notice to or without any consent of the Borrower, be absolutely entitled and have full
unqualified right power and authority to make disclosure of any information relating to Borrower (including
personal sensitive data or information and any information that requires consent under the Information
Technology Act, 2008 and/or any other statute), details in relation to this Agreement, Loan Documents, Loan,
defaults, security, obligations of Borrower, to the Transunion CIBIL Limited ("CIBIL") and/or any other
government/regulatory/statutory of private agency/entity, credit bureau, RBI, Lender's other
branches/subsidiaries/affiliates/rating agencies, service providers other banks/institutions, and third parties, any
assignees/potential assignees or transfers. In this connection the Borrower waives the privilege of privacy and
privity of contract. Lender shall have the right, without notice to or without any consent of the Borrower, to
approach, make enquiries, obtain information, from any person including other banks/finance entities/credit
bureaus, Borrower's employer/family members, any other person related to the Borrower to obtain any
Information for assessing track record, credit risk, or for establishing contact with the Borrower or for the purpose
of recovery of Outstanding Dues from the Borrower. CIBIL and/or any other agency so authorized may use and/or
process the aforesaid information and data disclosed by the Lender in any manner as deemed fit by them. CIBIL
and/or any other agency so authorized may furnish for consideration, the processed information and data or
products thereof prepared by them, to Lender/Financial institutions and other credit grantors other registered
users, as may be specified by RBI in this behalf. RBI and/or CIBIL shall have an unqualified right to
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disclose/publish the details of default and name of the Borrower, its directors, partners, as the case may be, as
defaulters, in such manner and through such medium as RBI/CIBILSAJIN in their absolute discretion may think fit.
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23. Lender may set off any matured Outstanding Dues due from the Borrower under this Agreement (to the extent
beneficially owned by Lender) against any matured obligation owed by Lender to that Borrower.
24. All amounts payable by Borrower shall be paid on or before the relevant due date(s) as mentioned in Schedule I
for such payment without any delay or demur and without any deduction whatsoever by way of Set off or
counterclaim or otherwise of any amount due or alleged to be due or outstanding from Lender or any other
Person and notwithstanding any legal limitation, disability or incapacity of the Borrower
25. Any default by the Borrower under any agreement, arrangement, guarantee, and /or under any of its
indebtedness (whether actual or contingent or whether primary or collateral, or whether joint and/or several), with
Lender or its holdings/subsidiaries/affiliates/group companies, shall constitute an Event of Default under the Loan
and vise-versa.
26. The Borrower hereby provide consent to Lender to carry out the KYC and other requisite checks by such
processes as may be permissible under Applicable Law including authentication/verification of documents or
details submitted for KYC purpose, accessing and procuring data from databases maintained by statutory or other
government authority. The Borrower expressly authorize/ consent to Lender, its various service providers or
agents, including for marketing, collection and recovery agents to contact the Borrower telephonically, through e-
mails telephones, messages, SMS Whatsapp or other applications or otherwise even if the names of the
Borrower appear in the Do Not Call or Do Not Disturb Register to inform the Borrower about the marketing
schemes, various financial and/or investment products and/or offerings of other services, Outstanding Dues under
the Loan Documents or any other aspect pertaining to any loan facilities availed or to be availed by the Borrower.
The Borrower also expressly declare that such e-mails, telephonic calls, messages, SMS, Whatsapp messages
etc. from the tele-callers, agents and/or service provider of Lender and its associates, affiliates and/or group
companies will not cause any inconvenience to them and/or their family members. The Borrower expressly and
irrevocably consent that for any claim against the service providers, Lender shall not be liable and the claim of the
Borrower on this account shall be against the service provide and/or tele-callers. The Borrower agree to the use
of emails, messages, SMS, Whatsapp and/or other applications for Communication or sharing of information or
document, agree to abide by the and conditions of such applications and agree to the associated with such
applications or sharing of information through them.
27. This Agreement, Loan Documents, all obligations arising out of or in connection with them, shall be governed by
and shall be construed in accordance with the laws of India. Subject to clause 28 below, the Parties hereto agree
that all disputes arising out of and/or relating to the Loan, this Agreement or 27. 28. 29. 30. 31. 32. 33. 34. 35. 36.
37. 38. 39. 40. 41. 42. any other Loan Document shall be subject to the exclusive jurisdiction of the courts at New
Delhi only. Notwithstanding the aforesaid, the Borrower acknowledges and agrees that Lender may, however, in
its absolute discretion commence any legal action or proceedings arising out of this Agreement or any other Loan
Document against the Borrower in a court tribunal or any other appropriate forum situated in any part of India.
28. All disputes, claims, controversy or difference or questions between Parties arising out of or relating to the Loan,
this Agreement, other Loan Documents shall be referred to arbitration by a sole arbitrator to be appointed by
Lender only. The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation
Act, 1996, including the statutory amendments. The venue, place and seat of arbitration shall be New Delhi and
the language of the arbitration shall be English. The award including interim award(s) for the arbitral tribunal shall
be final, conclusive and binding on all the parties concerned. The arbitral tribunal may, from time to time, lay down
the procedure to be followed in conducting the arbitration proceedings and shall conduct the arbitration
proceedings in such manner as it considers appropriate.
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29. Interest, taxes, other fees, Stamp duties, processing fees, upfront fees, NOC fees, prepayment charges,
insurance charges, enforcement expenses, assignment cost, legal expenses and other charges, as may be
applicable from time to time on the Loan shall be borne solely by the Borrower. Such amounts shall from part of
the Outstanding Dues. Lender may at any time and from time to time without prior notice to the Borrower, add to,
withdraw or otherwise vary the fees and charges payable in connection with the loan. Any changes in the charges
shall be effected only prospectively.
30. All payments to be made by the Borrower to the Lender under the Loan Documents shall be made free and clear
of taxes and without any tax deduction, unless a tax deduction required under the applicable Law.
31. Lender reserves the right to alter, amend or revise any of these terms and conditions and may notify the Borrower
of any changes to terms and conditions in any manner it consider appropriate.
32. The Parties agree that damages may not be an adequate remedy and Lender shall be entitled to an injunction,
restraining order, right for recovery, specific performance or such other equitable relief to restrain the Borrower
from committing any violations or enforce the performance of the covenants, Warranties or obligations contained
in this Agreement. The Parties agree that any delay or omission by Lender in exercising any of its rights, powers
or remedies under this Agreement and other documents pursuant hereto shall not impair the right, power or
remedy or be construed as its waiver or acquiescence by Lender.
33. Each of the provisions of this Agreement are intended to be and shall be construed as independent and several of
each other. Invalidity, illegality or unenforceability of any provision (in whole or part) of the terms and conditions of
this Agreement in any jurisdiction shall not affect such provision in any other jurisdiction or invalidate or affect the
remaining provision (including in Case of partial invalidity, the valid part of the affected provision) of this
Agreement. Lender's remedies under this Agreement or applicable law including termination of this Agreement
shall be several and cumulative and not in the alternative.
34. Any notice, demand, request or other communication to be given or made by a Party to the other shall be in
writing unless otherwise stated and shall be deemed to duly given and served if send by personal delivery,
courier, speed post, registered post, email, facsimile at the address as mentioned in Schedule 1. Such notice and
service shall be deemed to take effect on the third business day following the date of posting thereof in case of
courier, speed post, registered post; at the time of delivery, if given by personal delivery; upon receipt of
transmission report if given by facsimile; upon sending the email if given by email. The Borrower undertakes to
keep Lender informed at all the times in writing of any changes in the residential/official address, email Id, phone
number, mobile number, fax.
35. As regards the Borrower, this Agreement shall be in full force and effect and shall not be terminated, in any
situation except with the written consent of Lender to the effect that the entire Outstanding Dues under this
Agreement have been paid in full by the Borrower.
36. In the event any changes are required to be made in any of the Loan Documents based on guidelines/ directives
issued by the RBI to non-banking financial companies from time to time, such changes shall be deemed to be
incorporated in the Loan Documents as if the same were part of the documents since inception and thereafter
such amended terms and conditions will thereupon apply to and be binding on the Borrower. Without prejudice to
the aforesaid, Lender may in its sole discretion as the Borrower to co-operate with the Lender to make these
changes in the Loan Documents and the Borrower shall be bound by the same.
37. Notwithstanding any suspension or termination of the Loan, all rights and remedies of the Lender as per the Loan
Documents shall continue to survive until the receipt by the Lender of the Outstanding Dues in full to its
satisfaction.
This document is digitally signed
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38. This Agreement, Sanction Letter, Application and other Loan Documents have been exposed to the Borrower in
their respective vernacular language known to the Borrower and the Borrower has read and understood the same
and thereafter Schedule(s) to this Agreement were duly filled in and understood by the Borrower and the
signatures of the Borrower were taken on this Agreement.
39. The Application, Sanction Letter, Schedule hereto and any amendments thereof shall be deemed to be an
integral part of this Agreement as if the provisions thereof were set out herein in extension.
40. The terms of the Sanction Letter are in addition to this Agreement. If there is any inconsistency between the
Sanction letter and this Agreement, then the latter shall prevail.
41. The Borrower further agrees that this Agreement may be executed physically or electronically by Parties, as
deemed appropriate to Lender.
42. This Agreement may to executed in any number of counterparts by either handwritten or electronic signature,
each of which when executed shall constitute a original, but all the counterparts shall together constitute the one
agreement, and each of which counterparts may be delivered by emailing the signed scanned document or
electronically signed portable document format (pdf) version of this Agreement (as applicable). The Borrower
agrees to the execution of this Agreement in this manner, and the Borrower acknowledges that execution in this
manner creates a binding contract between the Parties. Further, upon the request of the Borrower, this
Agreement may be executed in a vernacular language; however, the English version of this Agreement shall
prevail. In addition, the Obligors agree that the details required for the purposes of this Agreement , which are
unavailable or note of this Agreement, shall be deemed incorporated and considered as a part of this Agreement,
as and when such details and information are made available. The Borrower has read, understood, agrees and
accept all the above terms and conditions of this Agreement, from Clause no 1 to 42 on page nos. ____to____.
The Agreement has been explained to the Borrower in vernacular language and Borrower has understood the
entire meaning and also the Borrower has been served a copy after execution.
IN WITNESS WHEREOF, the Parties, have duly executed this Agreement, as of the day, month and year first
aforesaid
SIGNED AND DELIVERED within SIGNED AND DELIVERED within SIGNED AND DELIVERED by Hero
named Borrower named Co-Borrower FinCorp Limited
AKANKSHA SRIVASTAVA _________________________ ______________________
Name: Name: Name: Designation:
Important Instructions:
Customer Details
CHEQUE DETAILS
Cheque Date of
Sr No. of A/C Type Name of Bank Account Purpose
Numbers Cheque
No Cheques (Savings/Current) & Branch No. (EMI/PEMI/SPDC)
Ranging Ranging
I/We declare that I/We have not given any cheques other than the ones mentioned above and all cheques are
drawn in favour of "Hero FinCorp Limited",
SCHEDULE I
[This Schedule forms an integral part of the Personal Loan Agreement]
Particulars
Registered Office: 34, Community Centre, Basant Lok Vasant Vihar New Delhi-
Address of Lender
110057
Borrower's Details
b) Father / Husband's
MR SANTOSH KUMAR SRIVASTAVA
Name:
This document is digitally signed
c) Mother's Name:
SAJIN MANGALATHU
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D O SANTOSH KUMAR SRIVASTAVA 12 8 VIJAY NAGAR KANPUR
d) Address:
NAGAR,MAHATMA GANDHI SCHOOL KE PASS
e) Occupation: Salaried
f) Email: akanksha9598@[Link]
h) PAN: IANPS2707H
4. Co-Borrower's
Details:
a) Name:
b) Father's/Husband's
Name:
c) Mother's Name:
d) Address:
e) Occupation:
f) Email:
g) Phone Number:
h) PAN:
5. Loan Details:
a) Loan Application
$TIME_STAMP, 19160848
Form Date & No.:
b) Loan Account
19160848
Number:
d) Sanction Loan
22000
Amount:
g) Tenure 6
h) Moratorium Period(if
any)
6. Interest Details
c) Default Interest
This document is digitally signed
d) Lender Prime Lending
Rate SAJIN MANGALATHU
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7. Repayment Details
d) Date of
If loan disbursement date is <=15th then 5th of next month else 5th of next to next
Commencement of First
month
EMI
8. Other Details
4.72% of POS (Foreclosure of the loan shall be allowed only on or after the first EMI
b)
due date. At the time of loan foreclosure, total due amount including EMI and
Prepayment/Foreclosure
foreclosure charges shall have to be paid by the customer.)
c) Default Charges NA
e) Cheque Swap
NA
Charges
f) Advance EMI NA
g) Documentation
NA
Charges
j) Other Charges NA
GST and all other applicable taxes statutory levies, if any will be charged additionally
SCHEDULE II
Disbursement Request Form
Date:$TIME_STAMP
To,
Hero FinCorp Limited
34,Community Center,
Basant Lok,Vasant Vihar,
New Delhi-110057
Dear Sir,
I/We have been sanctioned a personal Loan of Rs.22000" by Hero FinCorp Limited("Lender").I/We wish to take
the disbursement of my loan and request you to disburse the following amount by a Demand
Draft/Cheque/Electronic transfer to the following.
Bank
Account Amount to be disbursed (In INR)
[Link]. Account Number Number & IFSC Code
Holder Name
Branch
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I/We hereby confirm/declare that:
(a) INR __________ of the aggregate Loan amount has already been disbursed to us.
(b) All the representations and Warranties contained in the personal Loan Agreement are true and correct on the
date hereof as if each was made with respect to the facts existing on such date;
(c) No Event of Default or potential Event of Default has occurred or is continuing and further, no such event has
happened which would result in a material adverse effect;
(d) All the necessary certificates and documentation required by Lender is attached herewith or has already
been made available to Lender.
(e) The Proceeds of the proposed disbursement shall be used for the purposes as stated in the Personal Loan
Agreement;
(f) This disbursement shall be subject to credit limit fixed by Lender from time to time and we shall not protest the
decision of Lender in this regard;
(g) We agree and undertake to repay the disbursed amount of the loan facility as per the repayment schedule
and in accordance with the Personal Loan Agreement and further agree and acknowledge that Lender shall be
entitled to demand immediate repayment of the disbursed amount if any installment of interest/principal
installment remain unpaid on the due date for payment thereof;
(h) This Disbursement Request Form is irrevocable.
Name Signature
Co-Borrower
ACKNOWLEDGEMENT
I/We, ______________ S/o / D/o / W/o ___________________ R/o __________________have received the
copy of all the Loan Documents including Sanction Letter Personal Loan Agreement dated ____________ along
with its Schedules attached there to. I/We also hereby confirm that the contents of the copy of Loan Documents
have been explained to me in the language understandable by me/us. I/We have understood the meaning of all
the provisions/contents of the Loan Documents and have voluntarily executed the said Loan Documents upon
understanding the content therein.
Signature of Borrower_______________________
Signature of Co-Borrower________________________________
SAJIN MANGALATHU
For: Personal Loan Facility Thu, Nov 25, 2021 15:38:19 IST
Delhi
AKANKSHA SRIVASTAVA
(Customer Name)
$TIME_STAMP
(Acceptance Date and Time)
[Link]
(Customer IP)
23.8389819 80.3869572
(Customer Lat/Long)
SANCTION LETTER
Email Id:akanksha9598@[Link]
Sr No Particulars Description
Name of the
2 AKANKSHA SRIVASTAVA
Borrower
Name of the
4
Guarantor
Sanctioned Loan
5 22000
Amount
7 Term 6
This document is digitally signed
8 Rate of Interest
Default Interest
Repayment
9
schedule
Total number of
6
EMIs
Date of
commencent of If loan disbursement date is <=15th then 5th of next month else 5th of next to next month
first EMI
Repayment
Account Number 917010080198941, Axis Bank
and Bank Name
10 Charges
PF
LI NA
GI NA
Pre-EMI + Broken
Broken period Pre EMI interest will be calculated on the disbursement date on the basis
Period Interest +
of the actual number of days for which the interest is due (30/360)
Other Charges
Cheque Swap
NA
charges
Loan Cancellation
0
charges
Retrieval of Loan
NA
Documents
Legal and
NA
Incidental charges
Prepayment / 4.72% Of POS (Foreclosure of the loan shall be allowed only on or after the first EMI due
Foreclosure date. At the time of loan foreclosure, total due amount including EMI and foreclosure
charges charges shall have to be paid by the customer.)
Validaitidy of
12 30(thirty) days from the date of Sanction Letter
Sanction letter
1. The sanction of the above mentioned Personal Loan and all the terms and conditions mentioned in this Sanction
Letter are subject to the execution of a Personal Loan Agreement and other documents in writing (“Loan
Documents”) as HFCL may specify in the prescribed formats. This Sanction Letter forms an integral part of the
Personal Loan Agreement. This Sanction Letter intends to summarize certain basic terms of the Loan and the
Loan Documents and does not reflect an agreement between HFCL and the Borrower in relation to the Loan.
2. The Loan Documents shall contain additional terms and conditions which have not been set out in this Sanction
Letter and the Loan Documents shall be read together with the terms and conditions specified in this Sanction
Letter.
3. All the Charges including processing fees, legal, incidental expenses, inspection, legal search, insurance
expenses, stamp duty, Taxes and out of pocket expenses in connection with the proposed Loan shall be borne by
the Borrower.
4. Not withstanding anything contained in this Sanction Letter or otherwise, the sanction of the Loan mentioned
overleaf is at the sole discretion of HFCL and the terms and conditions in relation to the Loan are subject to
modification and / or cancellation and / or repayment to HFCL, at the sole discretion of HFCL, on demand without
assigning any reasons for the same.
5. The Sanction of the Loan is subject to the Borrower having provided all such information and documents to HFCL
as set may be required by HFCL from time to time or as may be required under the Loan Documents.
6. HFCL, at its sole discretion, shall be entitled to revoke this sanction upon occurrence of any of the following
events:
a. There is any material change in the purpose(s) for which the Loan has been sanctioned.
b. In the sole judgment of HFCL, any material facts have been concealed and / or become subsequently
known.
c. Any statement, declaration, undertaking or disclosure made by, or on behalf of, the Borrower in the
application or otherwise is incorrect, inaccurate, incomplete or misleading.
d. There is a default or a breach of the terms and conditions of this Sanction Letter,the Loan Documents or any
other loan offered by HFCL or its group company to the Borrower/Co-Borrower.
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7. HFCL reserves the right, at its sole discretion and without assigning any reason and with such notice as HFCL
may deem reasonable to the borrower, to modify, vary, delete or add to the terms and conditions, or to terminate
the said Loan and Loan Documents, at any time, and to recall the entire Outstanding Dues under the Loan. All
amounts due in respect of the said Loan shall become payable forthwith on such demand.
8. HFCL adopts interest rate/ pricing methodology based on various risks associated with the type of Loan, cost of
funds, tenor of the loan, type & value of Security, Loan amount etc. Further, HFCL periodically reviews the rate of
interest and product features offered by it with those offered by its competitors. For a Borrower, an additional risk
premium may be included in the pricing based on the credit risk associated with the Borrower which is a function
of the Borrower’s credit history, credit information, internal rating along with other factors like the Borrower’s
source of income, professional experience etc. Accordingly, the applicable rate of interest may be different for
different categories of borrowers and may differ from one loan to other loan.
9. PEMI amount, if applicable shall be at the rate at which the EMI has been calculated, may be charged, at the sole
discretion of HFCL, from the date of loan booking/disbursement till the date of commencement of first EMI.
10. The Borrower shall obtain and keep valid all approvals required in connection with the Loan.
11. The Borrower hereby accepts that, there may be a time lag between disbursement of the Loan and the payment
being received by them. The Borrower further agree & undertake that they will pay the interest and charges as set
out in the Loan Documents on the disbursed Loan Amount for such period & the Borrower will not claim for any
type of refund.
12. The Processing Fees is a non refundable fee and is collected by HFCL for the purpose of appraising the Loan
Application form for the Loan and the same is independent of the outcome/result of such appraisal.
13. The Borrower shall immediately intimate HFCL in the event of any change in the repayment capacity of the
Borrower, loss / change of job / profession, etc. and also any change in any information stated in the application
or under any Loan Documents.
14. No amount under the Loan shall be disbursed until and unless the Borrower has executed the required
agreements, documents and writings and performed such other acts and deeds as HFCL may require.
15. The Loan sanctioned to the Borrower shall be subject to HFCL’s rules as well as the directives issued by Reserve
Bank of India, from time to time.
16. HFCL may at its sole discretion disclose information regarding the Loan, Loan Documents or the Borrower, its
Guarantors etc. to any Person including government authority, RBI, CIBIL or any third party etc.
17. HFCL may in its sole discretion on such terms as to pre-payment charges, etc. as it may prescribe, permit,
prepayment / acceleration in the payment of EMIs at the request of Borrower, provided that HFCL may, in
permitting such prepayment, also specify from time to time, the minimum amount of prepayment / amounts
payable on account of acceleration of EMI. In the event HFCL permits any prepayment / acceleration, the
repayment schedule for the Loan shall be amended / altered by HFCL for giving effect to such prepayment/
acceleration, and such amended / altered repayment schedules shall be binding upon the borrower. In case any
amount is prepaid by the Borrower, the same shall be adjusted first towards, incidental charges, additional
interest, PEMI Interest, outstanding EMIs, EMI of the current month and balance towards the principal dues.
18. TDS Deduction – Gross Interest would be paid on the Loan to HFCL. Borrower shall provide a TDS certificate on
a quarterly basis to HFCL and only upon receipt of such TDS certificate shall HFCL be required to refund any
TDS amounts to the Borrower within 10 (ten) Business Days. In the event the Borrower is paying the net amount,
an undertaking, to the effect that the Borrower will provide TDS certificates to HFCL on a quarterly basis, shall be
provided by the Borrower. However, in event a TDS certificate not This
been provided
document within
is digitally agreed time frame of 3
signed
(three) months, HFCL reserves the right to debit the amount to Borrower’s Loan account and same shall stand as
SAJIN MANGALATHU
outstanding and recoverable along with Default Interest (where applicable).
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19. Notwithstanding the issuance of this Sanction Letter and the acceptance thereof, HFCL may decide to not
disburse the Loan, repudiate and rescind this Sanction Letter unilaterally without assigning any reasons.
20. This Sanction Letter is confidential and the property of HFCL and neither this document nor the contents hereof
shall be communicated to or used without the HFCL’s prior written consent.
21. This sanction is available to the Borrower for the period specified in the letter (which period shall not exceed 30
(thirty) days from the date of the Sanction Letter) provided the Borrower deposits with HFCL the processing fees
mentioned overleaf along with a copy on this Sanction Letter accepted and delivered by the Borrower to HFCL.
22. This Sanction Letter shall be governed by the laws of India and the Borrower and the Lender shall be subject to
the exclusive jurisdiction of New Delhi. Notwithstanding the aforesaid, the Borrower acknowledges and agrees
that HFCL may, however, in its absolute discretion commence any legal action or proceedings arising out of this
Sanction Letter and Loan Agreement against the Borrower in a court, tribunal or any other appropriate forum
situated in any part of India.
If the terms of this Sanction Letter are acceptable to you, you may sign the duplicate copy of this Sanction Letter
as a token of your acceptance and return it to the above-mentioned address.
Thanking you,
For Hero FinCorp Limited
Authorized Signatory
Name: ____________
Designation: ____________________
Employee Code: _____________________________
I/We confirm that I/we understand and accept the terms and conditions of the Sanction Letter, as laid out in English/
have been explained to me in a vernacular language of my/our understanding and I/we accept the Loan on the terms
set above. I/We authorize HFCL to collect information about me/us as may be required for evaluating the proposed
financing Loan, including without limitation, gathering information from credit bureaus like CIBIL. I/We also authorize
HFCL to share my information, and my personal data at any point of time, with credit bureaus, statutory agency or any
third party as HFCL may deem fit.
SAJIN MANGALATHU
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Delhi
For: Personal Loan Facility
AKANKSHA SRIVASTAVA
(Customer Name)
$TIME_STAMP
(Acceptance Date and Time)
[Link]
(Customer IP)
23.8389819 80.3869572
(Customer Lat/Long)
Date: $TIME_STAMP
To,
Hero FinCorp Limited
34, Community Centre,
Basant Lok, Vasant Vihar,
New Delhi-110057
Dear Sir,
AKANKSHA SRIVASTAVA has applied / received a loan of Rs. 22000 from Hero FinCorp Limited (hereinafter
referred to as “Lender”) on $TIME_STAMP
I/We declare that utilization of the loan received from the lender, for the said purpose, Home renovation will be in
compliance with the applicable State and National level Environmental, Social and Governance (ESG)
Regulations.
I/ we will also ensure compliance with any amendments in the existing ESG regulations during the lending
period.
Signature:_______________________
This document is digitally signed
Name of the authorized Signatory:________________________________
SAJIN MANGALATHU
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*
Please read the contents of the Declaration carefully before signing
SAJIN MANGALATHU
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Delhi