Welcome Letter FAST5916267868843965 147187395678586
Welcome Letter FAST5916267868843965 147187395678586
Welcome Letter FAST5916267868843965 147187395678586
06-05-2001
PDSXXXXX7P
xxxxxxxx3381
S O Vijay Sahani chnadbhag ward 10 For,S O Vijay Sahani chnadbhag ward 10 For
besganj Araria
School ARARIA
854333 BIHAR
825****065
sin*****************@gmail.com
MOST IMPORTANT TERMS AND CONDITIONS
THIS Most Important Terms and Conditions (hereinafter referred to as the “MITC”) is signed at the place and on the date stated in the Schedule
of this MITC by and between:
POONAWALLA FINCORP LIMITED, a company incorporated under the Companies Act, 1956 (CIN - L51504PN1978PLC209007), having its
registered office at 201 and 202,2nd Floor, AP81,Koregaon Park Annex, Mundhwa, Pune – 411036, Maharashtra (hereinafter referred to as
“Lender 1”, which expression shall unless it be repugnant to the context or meaning thereof be deemed to include its successors, transferees
and assigns) of the FIRST PART
AND
SI CREVA CAPITAL SERVICES PRIVATE LIMITED, a company incorporated under the Companies Act, 1956/ 2013 and validly existing under
and within the meaning of the Companies Act, 2013 with corporate identification number (CIN - U65923MH2015PTC266425), registered as
an NBFC within the meaning of the Reserve Bank of India Act, 1934 and having its registered office at 10th Floor, Tower 4, Equinox Park, LBS
Marg, Kurla West, Mumbai, Maharashtra- 400070 (hereinafter referred to as the “Lender 2” or “Business Associate”, which expression shall, un-
less repugnant to the subject or context thereof, be deemed to include its successors, transferees, novates, and assigns), of the SECOND PART.
AND
BORROWER (as define below) whose name(s), address(es) and other details are mentioned in the Schedule [hereinafter referred to as the “Bor-
rower”] of the THIRD PART.
The Lender 1 and the Lender 2 are hereinafter collectively referred to as the “Lenders”. The Borrower and Lenders are hereinafter collectively
referred to as the “Parties” and individually referred to as “Party”
WHEREAS
1. The Borrower has requested the Lenders to sanction a credit facility for an aggregate amount as mentioned in the Schedule of this MITC
(“Facility”).
2. The Business Associate has been appointed in terms of this MITC for processing, servicing, and administration of the Facility to be provid-
ed by the Lenders to the Borrower and to act on behalf of the Lenders.
3. The Borrower has further assured that the Facility would be utilized only for the Purpose (defined below) and repaid as per terms con-
tained in the Schedule.
4. At the request of the Borrower and relying upon the correctness of the information provided and on reliance of the representations and
the assurances given by the Borrower, the Lenders have agreed to sanction the Facility to the Borrower, on the terms and subject to the
conditions contained herein.
NOW, THEREFORE, in consideration of the premises and mutual understanding and covenants contained in this MITC and other good and
valuable consideration (the receipt and adequacy of which is hereby mutually acknowledged), each of the Parties hereby agrees as follows:
1.2 INTERPRETATION
In this MITC:
1.2.1 Unless the context otherwise requires, reference to a Recital/Clause and/or a Schedule is to a recital/clause and/or chedule of this
MITC, all of which constitute an integral and operative part of this MITC.
1.2.2 Headings to parts, clauses and paragraphs are for convenience only and do not affect the interpretation of this MITC.
1.2.3 Reference to any statute or statutory provision or order or regulation made thereunder shall include references to that statute, provi-
sion, order or regulation as amended, modified, re-enacted or replaced from time to time whether before or after the date hereof.
1.2.4 Reference to any document includes an amendment to that document, but disregarding any amendment made in breach of this MITC.
1.2.5 Reference to an “amendment” includes a supplement, modification, novation, replacement, or re-enactment and “amended” is to be
construed accordingly.
1.2.6 Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, and words denoting any
gender include all genders.
1.2.7 Reference to the word “include” or “including” shall be construed without limitation.
1.2.8 References to a “person” or “Person” shall include that Person’s successors in title, executors, permitted transferees and permitted
assignees and references to a Person’s representatives shall be to its officers, employees, legal or other professional advisers, sub-con-
tractors, agents, attorneys, and other duly authorised representatives.
1.2.9 Words “hereof”, “herein”, “hereto”, “hereunder” or similar terms used with reference to a specific clause in this MITC shall refer to such
clause in this MITC and when used otherwise than in connection with specific clauses shall refer to this MITC as a whole.
1.2.10 In the computation of periods of time from a specified date to a later specified date, the words “from” and “commencing on” mean
“from and including” and “commencing on and including”, respectively, and the words “to”, “until” and “ending on” each mean “to but
not including”, “until but not including” and “ending on but not including” respectively.
1.2.11 Unless otherwise specified, whenever any payment to be made or action to be taken under this MITC, is required to be made or taken
on a day other than a Business Day, such payment shall be made, or action be taken on the immediately following Business Day.
1.2.12 Where a wider construction is possible, the words “other” and “otherwise” shall not be construed ejusdem generis with any foregoing
words.
1.2.13 A time of day is a reference to India time.
During the Cooling off Period/ Look-up Period the Borrower can exercise his/her option to exit from/Cancel the Loan by paying the Principal out-
standing dues along with proportionate Annual Percentage Rate as mentioned in the sanction letter cum Key fact Statement.
3.6 Amortisation
3.6.1 The Borrower will amortise the Facility strictly as stipulated in the Schedule, subject to any other changes in such amortisation as
communicated later in writing by Lenders to the Borrower. However, in the event of delay or advancement, for any reason whatso-
ever, in the disbursement of Facility, the Due Date of payment of first Installment shall, in such case, be the corresponding day of the
following months to the day currently stated in the Schedule.
3.6.2 The Borrower agrees that the amount shall be remitted to Lenders on each and every Due Date of the Installments. In the event of
any dishonour of any Repayment Instrument/ Security Repayment Instrument, the Borrower agrees to pay dishonour charges per
instance as mentioned in the Sanction Letter cum Key Fact Statement and/or in this MITC, in addition to any Over due charge and
Penal charges payable in terms of this MITC.
3.6.3 In the event of any variation in the date of payment of Installments/the amount of Interest, principal or Installments/the numbers
thereof, the Borrower undertakes to forthwith issue fresh Repayment instrument(s), Security Repayment Instrument(s) as may be
required by Lenders.
3.6.4 Notwithstanding anything herein, Lenders shall always have the right to review and reschedule the repayment terms of the Facility or
of the outstanding amount thereof in such manner and to such extent as Lenders may decide on prospective basis with prior written
notice to the Borrower. In such event/s the Borrower shall repay the Facility or the Outstanding Amount thereof as per the revised
Schedule as may be determined by Lender/s in its/their sole discretion.
3.6.5 In case any amount is prepaid by the Borrower, unless otherwise decided by the Lenders in its discretion, the same shall be adjusted/
appropriated towards the applicable interest, principal outstanding and the balance towards other charges under the Facility.
3.7 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior
written agreements, understandings and negotiations, both written and oral, between the Parties with respect to the subject matter of this
Agreement.
4 INTEREST
4.1 The Borrower shall pay Interest to the Lenders in respect of the principal amount of the Facility outstanding from time to time, and on all fees,
costs, commissions, Charges, and other amounts due under or in respect of this MITC at the Applicable Interest Rate.
4.2 Interest shall be payable at Applicable Interest Rate (or such other rate as may be notified by the Lenders from time to time) through such
Repayment Instruments, Security Repayment Instruments and in the manner specified and at such intervals specified under the Schedule to
this MITC.
4.3 The Applicable Interest Rate shall be such rate of Interest, as may be decided by the Lenders, from time to time.
4.4 In the event of default on the part of the Borrower in the payment of any sum due hereunder, whether by way of Repament of the outstand-
ing balance of the principal amount of the Facility or by way of payment of Interest, and payable by the Borrower or the Borrower committing
any breach or default of any other condition of this MITC or under any other Financing Document, the Borrower shall pay to the Lenders
applicable Overdue Charge/s and Penal charges as per terms of this MITC. The Lenders’ right to claim such overdue Charge/s and penal
charges shall be without prejudice to the Lenders’ right to take any other action available to it under the terms of this MITC or at law in
respect of such event of default.
4.5 The Lenders shall be entitled to revise the Applicable Interest Rate, charges suitably and prospectively at any time during the Tenor of the
Facility. In such an event the Lenders shall notify the Borrower through notice and such noti fication shall form a part of the MITC. In the
event the Borrower does not agree to such revision, the Borrower shall forthwith repay the Outstanding Amount within 60 (sixty) days from
the date of intimation. In case if such repayment is not forthcoming within the said period the Borrower shall be liable to service the Facility in
accordance with the revised interest rate.
4.6 The Borrower acknowledges that any sums, interest, default amount including but not limited to (i) the Prepayment Charges and (ii) the Over-
due Charge/s and penal charges are reasonable and that they represent genuine pre-estimates of the loss which would be incurred by the
Lenders in the event of non-payment or default by the Borrower in accordance with the terms of the Financing Documents. The Borrower
waives any right it may have to raise any claim or defense that such payment is in the nature of a penalty and undertakes not to raise such
claim or defense.
4.7 Interest, penal charges. Overdue Charge/s and all other charges shall accrue from day to day on the actual number of days elapsed and shall
be calculated on an actual /actual day count basis, i.e., actual number of days elapsed divided by the actual number of days in the year.
4.8 The Borrower confirms, agrees and acknowledges that the Borrower has perused and understood the Lenders’ method of calculating the
Applicable Interest Rate and further agrees and undertakes to abide by the same without any demur/ objection.
4.9 The Borrower acknowledges that the Facility provided under this MITC is for a commercial transaction and the Borrower waives any defences
available under usury or other laws relating to the charging of Interest.
5. DISBURSEMENT
5.1 The disbursement under this MITC means any disbursal of the Facility, or any part thereof, made by the Lenders in terms of Clause 5.2 of this
MITC.
5.2 Schedule of Disbursement
Subject to fulfilment of the Conditions Precedent and at the Lenders’ discretion, the Facility shall be disbursed in single or in multiple tranches
as may be more specifically detailed in Sanction Letter cum Key Fact Statement.
5.3 Mode of Disbursement
All payments to be made by the Lenders to the Borrower under or in terms of this MITC shall be made as per the disbursement details men-
tioned in this MITC or as per request of the Borrower by Real Time Gross Settlement (RTGS)/ Cheque/s duly crossed and marked “A/c Payee
Only” or such other manner as per discretion of the Lenders and the collection charges, if any, in respect of such RTGS/cheque(s)/such other
instruments will have to be borne by the Borrower and the Interest on the Facility will begin to accrue in favour of the Lenders from the date
of deposit /delivery/ dispatch of such RTGS/cheque/ such other instruments irrespective of the time taken for transit or for collection/realiza-
tion.
5.4 Other Charges
The Borrower shall on or before the date of the first disbursal of the Facility, pay to the Lenders the Charges as specified by the Lenders in
the sanction letter cum Key Fact Statement and/or in the MITC or any other document.
6. REPAYMENT / PREPAYMENT
6.1 Except as otherwise agreed by the Lenders, the Borrower shall repay the amounts under the Facility outstanding from time to time on each
and every Due Date in an amount equal to the Installment as specified in the Repayment Schedule provided that:
a the Facility shall be Repaid in full by the final repayment date through such Repayment Instruments as specified in the Schedule;
b the Lenders shall be entitled to demand immediate Repayment of the entire amount of the Facility outstanding if any portion of the
principal amount of the Facility or any interest due thereon is not paid as and when it is due to be paid; and
c The Borrower shall Repay the principal amount of the Facility under the MITC free from and clear of any deduction and /or set off on
any account whether by virtue of any legal provision, statute or otherwise and any such deductions required by virtue of legal provision,
statute or otherwise shall be entirely borne by the Borrower. It is hereby clarified that in case the Borrower has been sanctioned multi-
ple facilities, there will not be any setoff without the prior written consent of the Lenders.
6.2 The Borrower shall pay all costs, Charges and expenses of the Lenders promptly as and when required to do so by the Lenders.
6.3 The Lenders shall be under no obligation to provide the Borrower with any notice, reminder or other intimation to the Borrower regarding
its/their obligation to pay the amount(s) payable under this MITC, and it shall be entirely their responsibility to ensure prompt and regular
payment of the amount(s) payable by the Borrower to the Lenders as and when due and in the manner provided herein.
6.4 The Borrower hereby acknowledges that the Lenders shall have the right to initiate or take necessary legal action against the Borrower in
case of dishonor/bouncing of any Repayment Instrument/Security Repayment Instrument on account of insufficient funds/ non-maintenance
of balance in the bank account etc., in addition to the levy of such charges by way of penalty and other additional levies, as specified in the
MITC or Sanction Letter cum Key Fact Statement or as the Lender may deem fit from time to time.
6.5 The Borrower shall be entitled to prepay the Facility ( in full or in part) through such Repayment Instruments as specified in the Schedule with
the prior written consent of the Lenders (which may be granted by the Lenders at their sole and absolute discretion) during Tenor of the facili-
ty subject to compliance of the conditions as stipulated in the Sanction Letter cum Key Fact Statement or Schedule of this MITC, by giving not
less than 7 (seven) days’ notice to the Lenders (or such other period as may be decided by the Lenders), from time to time and provided that
any such prepayment (in full or part) shall be made subject to payment of such prepayment costs (“Prepayment Charges”) as specified in the
Schedule to this MITC. The Lenders shall provide to the Borrower a Prepayment Statement/ Foreclosure Statement and the Borrower shall
prepay the whole or any part of the Facility in accordance with the Prepayment Statement/ Foreclosure Statement.
6.6 If it becomes unlawful in any applicable jurisdiction for the Lenders to perform any of its obligations as contemplated by this MITC or to fund
or maintain or continue any Facility, the Lenders shall promptly notify the Borrower upon becoming aware of that event and:
a the Lenders shall not thereafter be obliged to make an advance hereunder; and
b the Lenders shall be entitled to call in the entire Outstanding Amounts forthwith and the Borrower shall on such date as the Lenders
may specify, without demur or dispute whatsoever, repay the Outstanding Amount owing to the Lenders in respect of the Facility.
6.7 “Cooling off period” means a period of time from the date of disbursement of loan/credit facility within which the borrower can change her/
his mind with return or cancellation of the loan/credit facility, by paying the principal, and the proportion ate APR (if applicable), without any
prepayment charges. In order to return/cancel the loan/credit facility during the cooling-off period, customer needs to contact the Kissht
customer services desk by using one or more of the available options to connect i.e., call, chat or email.
6.8 At the request of the Borrower, the Lender may foreclose the loan/credit facility. The Borrower, if seeks foreclosure six months after disburse-
ment of the loan/credit facility, the Lender may not charge foreclosure charges. However, the Lender may charge foreclosure charges @ 4%
of principal outstanding as on the date, if loan/credit facility is sought to be foreclosed by the Borrower before six months from the date of
disbursement. The Lender, however, will use reducing balancing rate/method for the arrival of principal outstanding amount outstanding on
foreclosure date. The foreclosure charges will not be applicable during the cooling-off period.
7. APPROPRIATION OF PAYMENTS
Unless otherwise agreed to by the Lenders, any payments due and payable under this MITC and made by the Borrower, may be
appropriated, in the following order:
i. Firstly, towards payment of the outstanding principal amount of the Facility;
ii. Secondly, towards payment of any outstanding Interest and/or Interest portion of Installments;
iii. Thirdly, towards payment of applicable Charges, costs, expenses and Other monies;
8. INCREASED COSTS
8.1 If, by reason of (i) any change in law or in its interpretation or administration and/or (ii) compliance with any request from or requirement of
the RBI or other fiscal, monetary or other authority (including, without limitation, a request or requirement which affects the manner in which
the Lenders are required to or does maintain capital resources or reserves having regard to Lenders’ obligations hereunder and to amounts
owing to it hereunder:
a the Lenders incurs a cost as a result of Lenders having entered into and/or performing its obliga tions under this MITC and/or assum-
ing or maintaining a commitment under this MITC and/or making an advance hereunder; or
b the Lenders becomes liable to make any payment on account of tax or otherwise (not being a tax imposed on the net income of the
Lenders) on or calculated by reference to the amount of the Facility sanctioned or to be sanctioned by the Lenders hereunder and/or
to any sum received or receivable by it hereunder, then the Borrower shall, from time to time on demand of the Lenders, promptly pay
to the Lenders, amounts sufficient to make good any cost and hold harmless the Lenders against, as the case may be (1) such cost , (2)
such reduction in such rate of return (or such proportion of such reduction as is, in the opinion of the Lenders, attributable to its obli-
gations hereunder), (3) such increased cost (or such proportion of such increased cost as is, in the opinion of the Lenders, attributable
to its funding or maintaining an advance hereunder) or (4) such liability. The Lenders shall also be entitled to recover such increased
cost, reduction in rate of return and any such liability incurred by the Lenders by deducting an amount equivalent to the same from any
subsequent disbursal to be made to the Borrower.
.
9. CANCELLATION
9.1 Notwithstanding anything to the contrary contained in this MITC, the Borrower agrees that the Lenders shall at any time, during the currency
of the Facility have an unconditional right to terminate and cancel the un-utilized portion of the Facility (whether in part or in full) at his sole
discretion as well as withdraw or recall the disbursed Facility or any part thereof on the occurrence of any Event of Default or potential Event
of Default or if it becomes unlawful for the Lenders to disburse or continue the Facility to the Borrower, by giving a notice of 7 (seven) days,
which notice shall be final and binding on the Borrower. Provided, no notice will be given by the Lenders to the Borrower, where an Event of
Default has already been declared.
9.2 Notwithstanding anything contrary contained in this MITC, the Borrower agrees that the Facility shall be Repayable on the happening of a
Market Disruption Event and the Lenders can, at any time, at its sole and absolute discretion, terminate, cancel, withdraw or recall the Facility
or any part thereof without any liability and without any obligation to give any reasons whatsoever, whereupon all Outstanding Amounts
under the Facility shall immediately become due and payable by the Borrower to the Lenders forthwith upon demand made by the Lenders.
9.3 The Facility is available for utilization solely for the Purpose. If in the opinion of the Lenders (which opinion shall be binding and conclusive
against the Borrower) the Facility is not used for the Purpose (provided that the Lenders shall not be bound to enquire as to, or be responsible
for, the use or application of any funds advanced under the Facility), the Lenders shall have the right to declare an Event of Default.
10. BUSINESS ASSOCIATE AND SHARE OF LENDERS
10.1 The Lender 1 hereby authorizes the Lender 2, as the Business Associate or any other party as may be agreed by the Lenders in writing, to do
all such acts, deeds and thing for and on behalf of the Lender 1 in terms of this MITC and the Finance Documents as mutually agreed by the
Lenders. The Lender 2 shall perform the duties of the Business Associate for itself and on behalf of the Lender 1 through the Platform/DLA or
Otherwise .
10.2 All communications between the Lenders and the Borrower under this MITC shall be through the Business Associate using the Platform/DLA
or Otherwise. Any instructions or notices from the Lenders under this MITC to the Borrower shall be served by the Business Associate to the
Borrower and the Borrower shall be liable to act based on such instructions received from the Business Associate. Failure on the part of the
Borrower to act on such instructions shall constitute an Event of Default.
10.3 The Business Associate shall have the authority and power to act under the terms of this MITC on behalf of the Lenders and execute instruc-
tions given by the Lenders from time to time during the Tenure of the Facility.
10.4 The Business Associate shall be responsible for monitoring and collection of all payments falling due on the respective due dates to the Lend-
ers from the Borrower, in relation to the Facility under this MITC and the Finance Documents.
10.5 The Business Associate shall, have the right to recover the dues of from the Borrower. A suitable power of attorney, as may be required shall
be executed in favour of the Business Associate.
10.6 The Business Associate shall handle all the queries from the Borrower arising in relation to the Facility and give appropriate feedback to the
Borrower in relation thereto. The Business Associate shall seek to redress grievances of the Borrower in relation to the Facility as and when
they come. However, the Lenders shall endeavor to resolve the queries and complaints of the Borrower as per the applicable guidelines/
regulations, as may be issued/ revised by RBI and any other appropriate authority, from time to time.
10.7 The Business Associate may from time to time delegate, by power of attorney or otherwise to any person or corporation any of the powers
and discretions of the Business Associate under this MITC whether arising by statute, the provisions hereof or otherwise upon such terms and
for such periods of time as it may think fit.
10.8 Any liberty or power which may be exercised or any determination which may be made under this MITC by the Business Associate shall be
exercised at its or his absolute and unfettered discretion without any obligation to give reasons for doing so provided such exercise is made in
the best interest of the Lenders.
10.9 Business Associate shall be entitled to engage third party as collections agent for the purpose of collection of dues under the Facility or any
charge, penalties, and interest recoverable thereon (on any part thereof) from Borrower. On the occurrence of any the Events of Default or
for the purpose of recovery of dues under this MITC, appropriate legal proceedings can be initiated against the Borrower, on the basis of the
understanding and arrangement as agreed to inter se amongst the Lenders.
10.10 The failure, neglect, or refusal of any of the Lenders to join in such action shall not affect the rights of such Lender so failing, neglect-
ing, or refusing in any manner whatsoever vis a vis the Borrower.
10.11 The Borrower hereby agrees and understands that the Lender 2 or any other entity/ person as may be mutually decided by the Lenders, shall
act as the Business Associate for and on behalf of Lenders, in terms of this MITC and the Finance Documents, and the Borrower does not
have any objection to the same. The Borrower shall co-operate with the Business Associate in relation to the performance its duties, in terms
of this MITC.
14. ASSIGNMENT
14.1 The Borrower shall not transfer or assign any of its rights or liabilities under this MITC to any Person without the prior written consent of the
Lenders.
14.2 The Borrower agrees that notwithstanding anything to the contrary contained in any document executed under or in relation to this MITC,
each of the Lenders shall have the right to (in full or in part) assign, transfer, novate and/ or otherwise securitize its rights or obligations under
this MITC and the other Financing Documents and/ or the Out standing Amounts and/ or enter into indemnity or other arrangements for risk
sharing, whether with or without recourse to the Lenders, to one or more scheduled commercial banks or any other entity, trust, any associa-
tion whether located/ placed in India or outside India as permitted under the Applicable Law without any reference or notice to the Borrower.
However, the Borrower shall not claim any privity of contract with any such entity to whom the outstanding and/ or the rights or obligations
under this MITC or the other documents in relation to the Facility have been assigned/transferred/ novated/ securitized or with whom the
Lenders have entered into indemnity or arrangements for risk sharing.
14.3 Without prejudice to the right of the Lenders to proceed against the Borrower under Applicable Law for recovery of Outstanding Amounts,
the Borrower hereby gives consent that the Lenders will be entitled, subject to Applicable Law, to recover the dues, assign the debt and/or
securities and/ or initiate proceedings under the Applicable Law and/ or Code and the Borrower agree to pay the Lenders all cost, Charges
and expenses incurred in that connection.
14.4 The Borrower irrevocably and unconditionally confirms that the Borrower shall continue to be bound by the terms of this MITC and the other
documents in relation to the Facility notwithstanding such transfer or assignment by the Lenders.
15. MORATORIUM
The Lenders at their sole discretion may offer the facility of moratorium, in due compliance with any regulatory circular in this regard, on written
request of the Borrower at the time of loan application/ loan disbursement or at any time during the Tenor. The Lenders can charge as agreed
upon amount for such facilities. It is the sole discretion of the Lenders to cancel the Facility (in whole or part) whenever it deems fit, and the
Borrower must repay the remaining loan installment(s) regularly. Failure of which may cause the Lenders to take necessary legal actions against the
Borrower.
16. COST, CHARGES, EXPENSES
16.1 The Borrower shall bear and promptly pay the following:
16.1.1 an upfront non-refundable processing fee as mentioned in Sanction Letter cum Key Fact Statement and statutory levies thereon as
processing fee to the Lenders for the purpose of processing the Facility. The processing fee shall be paid at the time of disbursement
of the Facility itself for which purpose, the Borrower hereby authorizes the Lenders to adjust the processing fee from the proceeds of
the disbursement. The processing fee is non-refundable fee and independent of disbursement/cancellation of the Facility;
16.1.2 all fees for the services performed by Lenders, all out of pocket and travelling expenses and other costs, Charges and expenses in any
way incurred by Lenders, their officers, employees or agents in connection with the negotiation, preparation, execution, delivery, ad-
ministration, waiver, modification or amendment of or the preservation, protection or release of the rights of the Lenders on exercise
of any rights, remedies or powers granted hereunder or any documents or instruments contemplated or in connection with or relating
to these presents including, without limitation, costs of due diligence ;
16.1.3 all legal fees for drafting of this MITC and all other Financing Documents, costs, Charges and expenses of the external legal counsel of
the Lenders and all such sums incurred or paid by the Lenders in connection with and incidental to or in connection with these pres-
ents and incurred in connection with the enforcement of any rights hereunder or under any of the Financing Documents or any cost
incurred in the assertion or defence of the rights of Lenders as such for, and for the benefit of the Lenders, realization and recovery of
the Outstanding Amounts which shall be added to the Outstanding Amounts and be secured hereby; and
16.1.4 all Taxes, Charges and penalties on any Financing Documents if and when the Borrower may be required to pay the same according to
the Applicable Law.
16.2 The Borrower agrees to hold harmless the Lenders and make good any and all loss, costs, Charges, expenses, and liabilities including penalties,
if any, with respect to or resulting from delay or omissions to pay any taxes or Charges. Such taxes or Charges (if not paid or reimbursed by
the Borrower) shall be deemed to be the amounts outstanding under/in relation to the Facility.
16.3 The Borrower shall pay all charges and other similar taxes payable in respect of this MITC and other Financing Documents and hold harmless
the Lenders and make good any cost, loss, or liability that the Lenders may suffer, pay, or incur by reason of or in connection with all charges
and taxes payable in respect of this MITC or any other Financing Document.
16.4 The Borrower hereby undertakes to hold harmless the Lenders at all times against all costs (including legal costs), liabilities, claims including
but not limited to any third-party claims, losses, damages and expenses whatsoever in respect of its obligations and liabilities under this MITC
and the Borrower shall be liable to pay such amounts forthwith on demand. The certificate of costs, charges, and expenses, as certified by
Lenders shall be conclusive evidence against the Borrower for the amount due and payable under this clause.
16.5 If the Borrower fails in defraying the costs, expenses, Charges, or fees referred to above as and when required, the Lenders may (but is not
obligated to) make such payments on behalf of the Borrower. All such payments made by the Lenders shall be for the account of the Bor-
rower and the Borrower undertakes promptly on demand, to reimburse the Lenders or its authorized agents, representatives, successors, and
assignees for any such monies so paid, together with the interest thereon at the rate mentioned in the sanction letter cum Key fact statement
and also in this MITC until the date such amounts are actually reimbursed by the Borrower. All such costs and expenses shall be part of the
‘Outstanding Amounts’.
17. TAXES
17.1 If the Borrower is required by law to make any such deduction or withholding towards, for or in respect of any tax, the Borrower must:
17.1.1 pay to the Lenders any additional amount as may be necessary to ensure that the Lenders receives the full amount of the relevant
payment as if that deduction or withholding had not been made; and
17.1.2 supply promptly to the Lenders evidence satisfactory to the Lenders that it has accounted to the relevant Governmental Authority for
the withholding or deduction.
Provided that in case the Borrower provides a certificate, within the statutory timelines, evidencing payment of withholding taxes in
relation to any payments made to the Lenders, it shall not be required to gross up the payments as provided under this clause 17.1.
17.2 The Borrower shall during the currency of the Facility bear all taxes as may be applicable or as may be levied by a Governmental Authority in
relation to any Interest or other sum paid by the Borrower to the Lenders under the Facility. If the Lenders are required to make any payment
on account of any tax in relation to Interest or other sum received or receivable by the Lenders hereunder, then the Interest or sum payable
by the Borrower shall be increased to the extent necessary to ensure that after making such payment, the Lenders receives and retains a sum
equal to the sum which it would have received and retained had no such payment or deduction been made or required to be made.
17.3 If the Borrower is required to make any deduction for or on account of any tax (other than statutory deduction of taxes at source) in relation
to any Interest or other sum payable to the Lenders hereunder, then, in such case, the sum payable to the Lenders shall be increased to the
extent necessary to ensure that, after making such deduction the Lenders receives and retains (without any liability for such deduction) a sum
equal to the sum which it would have received and retained had no such deduction been made or required to be made.
17.4 If there is, at any time, any incidence of any indirect taxes on the Lenders directly connected and/ or attributable to the Facility, the Lenders
shall notify the Borrower of such incidence of tax and shall be entitled to pass on such incidence to the Borrower. The Borrower shall make
payment of such taxes without demur, protest, or cavil. Notwithstanding the above, if the Lenders makes payment of any such indirect tax,
the Lenders shall be entitled to be reimbursed for the same by the Borrower.
20. MISCELLANEOUS
20.1 Notices
Any notices to be provided by each Party shall be in writing, signed by an authorised officer, if sent by post, delivered to the addresses set
out below or to such other address as may be notified for the purpose by the Parties from time to time, and if sent by letter or email as
mentioned below or to such other number or e-mail id as may be notified for the purpose by the Parties from time to time. Notices shall be
deemed to have been delivered on the earlier of the actual date of delivery or 7 (seven) Business Days following dispatch.
Address of the Borrower:
Address: as mentioned in the Schedule
Email: as mentioned in the Schedule
Address of Lender 1:
Poonawalla Fincorp Limited having its registered office at 201 and
202,2nd Floor,AP81,Koregaon Park Annex, Mundhwa, Pune – 411036, Maharashtra.
Email: [email protected]
The Borrower agrees that all instructions and / or correspondence sent by the Borrower to the Lenders are sent at the Borrower risk, and the
Lenders do not assume any responsibility for any inaccuracy, interruption, error, delay or failure in transmission or delivery whether sent by
post, telegraph, cable, telex or any other form of written or electronic communication.
20.2 Severability
Any provision of this MITC, which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the
extent of prohibition or un-enforceability but that shall not invalidate the remaining provisions of this MITC or the enforceable or prohibited
portion of such provision nor affect such provision in any other jurisdiction.
20.3 Sharing of Information/ Disclosure
For the purpose of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information)
Rules, 2011 and otherwise, the Borrower hereby authorizes Lenders or its subsidiaries/ affiliates and their agents to exchange, share or part
with all the information relating to Borrower and/ or the Facility and repayment history information and all information pertaining to and
contained in this MITC to affiliates/ Financial Institutions/ Credit Bureaus/ Agencies/ Statutory Bodies/ Reserve Bank of India as may be
required and under takes not to hold affiliates/ Subsidiaries of Lenders and its agents liable for use of the aforesaid information. The Bor-
rower accepts that the Reserve Bank of India or the Credit Bureaus or any other agencies mentioned herein may use, process, disseminate
Borrower information and data disclosed by the Lenders in such manner as they may deem fit, and the Borrower shall not hold the Lenders
responsible or liable in any manner whatsoever in this regard. In case of default in the repayment of the Facility/ Interest on Due Date/
maturity date, the Lenders and/or the Reserve Bank of India will have an unqualified right to disclose or publish the name of the Borrower
as defaulter in such manner and through such medium as the Lenders or the Reserve Bank of India in their absolute discretion may think fit.
During the term of this MITC the Borrower hereby authorize the Lenders to check the TU-CIBIL Report of the Borrower as and when the
Lenders may deem fit.
20.4 Lenders’ Records to be accepted by Borrower
The records maintained by the Lenders in their ordinary course of business shall be the final proof for the due amounts from the Borrower in
respect of the Facility under this MITC. A certificate in writing signed by an officer of the Lenders or a system generated electronic certificate
stating the Outstanding Amount from the Borrower in respect of the Facility at any particular time shall be conclusive evidence against the
Borrower in respect of payments due from the Borrower in respect of the Facility.
20.5 Engagement of third parties
The Borrower expressly recognizes and accepts that the Lenders shall, without prejudice to its right to perform such activities itself or
through its officers or employees, be and entitled and have full power and authority to appoint one or more third parties as the Lenders may
select and to delegate to such third party all or any of its functions, rights and powers under this MITC relating to administration of Facility
including right and authority to collect and receive on behalf of the Lenders from the Borrower any payments and other amounts due by the
Borrower under this MITC and to perform and execute all lawful acts, deeds matters and things connected therewith and incidental thereto
including sending notices, attending the office of the Borrower or contacting the Borrower (including authorized signatories, representative,
of the Borrower), receiving repayment Instruments, Security Repayment Instruments, drafts and mandates from the Borrowers (including au-
thorized signatories, representative of the Borrower), and giving valid and effectual receipts and discharge to the Borrower. For the afore said
purpose, the Lenders shall be entitled to disclose to any such third parties (including authorized signatories, representative of the Borrower)
all necessary and relevant information pertaining to the Borrower and the Facility and the Borrower hereby consents to such disclosure by
the Lenders. Notwithstanding above, in the event of Borrower committing any act of default and/ or occurrence of any Event of Default,
the Borrower expressly accepts and authorizes Lenders any such third party as Lenders may select to contact any third parties (including
authorized signatories, representative of the Borrower) and disclose all necessary and relevant information pertaining to the Borrower and
the Facility. The Borrower further expressly authorizes Lenders and/or any such third party as Lenders may select to receive payment as may
be offered by any third parties (including authorized signatories, representative of the Borrower) towards discharge of the Facility.
20.6 Waiver
The Borrower confirm that no delay of the Lenders in exercising or not exercising any right, power, or remedy accruing/ available to the
Lenders on Borrower default or otherwise under this MITC or any other Financing Documents shall impair or prejudice such right, power
or remedy or shall be construed as its waiver or acquiescence. The Borrower further confirm that any single or partial exercise of any right,
power or remedy by the Lenders shall not preclude further exercise thereof. Every right and remedy of the Lenders shall continue in full
force until the Lenders specifically waives it by a written instrument.
20.7Liens; Right of Set Off
The rights, powers and remedies given to the Lenders by this MITC shall be in addition to all rights powers and remedies given to the
Lenders by virtue of any other security, statute, or rule of law. The Lenders may exercise a banker’s lien or right of set- off with respect to
any obligation of the Borrower to the Lenders in the same manner as if the obligation were unsecured and shall have a lien on all property
or securities of the Borrower in the Lenders’ possession or custody whether for safe-keeping or otherwise Without prejudice to what is
stated hereinabove, the Borrower hereby expressly agrees and confirms that in the event of the Borrower failing to pay the Outstanding
Amounts under the Facility, in addition to any general or specific lien to which the Lenders may be entitled by Applicable Law, the Lenders
shall, without prejudice to any of its specific rights under this MITC, be at liberty to apply any other money or amounts standing to the credit
of the Borrower in any account in or towards repayment of the Outstanding Amounts under the Facility, without notice to the Borrower,
on happening of any Event of Default or if upon demand by the Lenders the said Dues are not repaid within the prescribed time. In case of
any deficit, the deficit amount may be recovered by the Lenders from the Borrower. The joint account holder/s to such monies, securities,
deposits and other assets is/are aware of, and have no objection to (a) the Facility applied for, (b) the Facility terms, (c) using such monies
from the joint accounts for paying/Repaying the Facility and all other amounts due to the Lenders, and (d) the Lenders’ rights of set off in the
event of their default of the Facility terms: It shall be the Borrower sole responsibility and liability to settle all disputes/objections with such
joint account holders, if so required, and the Lenders shall be well within its rights to exercise the right of set off against any money lying in
any deposit/bond/other assets held singly or jointly, for settlement of dues.
20.8 Sanction Letter cum Key Fact Statement
The terms of the Sanction Letter cum Key Fact Statement, jointly issued by the Lenders, shall form part of this MITC and shall be in addition
to and be read in conjunction with the terms of this MITC. If there are any inconsistencies between the terms of the Sanction Letter cum
Key Fact Statement and this MITC then, the terms of Sanction Letter cum Key Fact Statement shall prevail to the extent of inconsistencies.
20.9 Entire MITC
This MITC and other Financing Documents shall constitute the entire arrangement between the Parties about the subject matter, comprised
within the Financing Documents and shall replace all previous arrangements between the Parties on that subject matter. The Borrower has
not relied on any oral or written representation or warranty made, or purportedly made, by or on the behalf of the Lenders, except as set out
in the Financing Documents. Further, the Lenders agree that their rights and entitlements under this MITC and other Financing Documents
shall be subject to and/or read along with the provisions of any additional documents entered into in writing between the Lenders amongst
themselves. However, such internal arrangements between the Lenders shall not affect the rights and obligations of the Borrower under this
MITC.
20.10 Survival of Rights
The provisions of Clause 11 (Borrower’s Representations and Warranties ), Clause 20.1 (Notices), Clause 20.14 (Arbitration), Clause 19 (Gov-
erning Law and Jurisdiction) and this Clause 20.10 (Survival of Rights) shall survive termination of this MITC.
20.11 Benefits
The terms and provisions of this MITC shall be binding upon, and the benefits hereof shall inure to the Borrower successors and permitted
assigns and the Lenders’ successors and assigns.
20.12 Acceptance
i. The Borrower agrees and acknowledges that he/it has read this MITC and the duly filled in the schedules/ annexures hereto, and other
documents including but not limited to the Sanction Letter cum Key Fact Statement. The Borrower declares that the Borrower shall be
bound by all the conditions mentioned herein.
ii. The Borrower further agrees and declares that this MITC, and other documents including but not limited to the Sanction Letter cum
Key Fact Statement have been explained to the Borrower in the language understood by the Borrower and that the Borrower has
understood the entire meaning of various clauses and the schedules and annexure forming part & parcel of this MITC as well as of the
other documents signed/executed by the Borrower.
20.13 Signatures
The Borrower hereby represent and warrant the genuineness of the signatures of the authorised signatories of the Borrower, or each of the
Borrower in the event of there being more than one Borrower, as the case may be.
20.14 Arbitration
All the claims, disputes, differences, or questions of any nature arising between the Parties, whether during or after the termination of this
MITC, in relation to the construction, meaning or interpretation of any term used or clause of this MITC or as to the rights, duties, liabilities
of the parties arising out of this MITC, shall be resolved through a sole Arbitrator to be appointed by the Lenders. The arbitration proceeding
shall be conducted as per the provisions of Arbitration and Conciliation Act, 1996 as may be amended from time to time. The arbitration
proceedings shall be conducted preferably through online means or otherwise through conventional means in English language. The arbitral
award shall be final and binding on the Parties. The seat and venue of arbitration shall be as per the discretion of the Lenders (for both con-
ventional as well as online mode).
20.15 Amendment
No amendment of any term or provision hereof shall be effective unless made in writing.
KEY FACT STATEMENT
Date: 26/09/2023
Net Disbursed Amount (including fees, packages & taxes) (in Rs.) 8940
Rate of annualized penal charges in case of delayed payments (if any) Refer to Section D
Rate of annualized other penal charges (if any); (details to be provided) Refer to Section C
Other Disclosures
Cooling off/look-up period during which borrower shall not be charged any penalty on
3 Days
prepayment of loan
Name, designation, address and phone number of nodal grievance redressal officer designated
Refer to Section E and F
specifically to deal with FinTech/ digital lending related complaints/ issues
Instalment number Instalment date Principal (in Rs.) Interest (in Rs.) Instalment (in Rs.)
Note: Please note that this Key Fact Statement and the repayment schedule is applicable in respect of availing a loan as of
this moment, and is intended to be merely illustrative in case if the Loan is intended to be availed in future. For the sake of
clarity, if the Loan is availed in future, in that case depending upon the actual amount intended to be availed by the borrower
and the actual date of disbursement, a revised Key Fact Statement and the repayment schedule shall be shared, before the
execution of the Loan contract.
Repayment
For Bank transfer mode: NIL
Convenience
For other modes: As per payment gateway charges (Inclusive of GST)
Charges
Note: The Lender/Lenders may decide to provide up to 100% waiver on 1 or more of the fees shown below, on a
case-to-case basis, to help borrowers in special situations like financial issues, medical emergencies, natural
calamities, etc. as part of the lender’s customer service initiatives. As and when any updates to the fees &
charges are introduced by the lender, the borrower shall be intimated about such changes by email or otherwise
in the manner prescribed for the same from time to time by lender. The borrower shall at all times ensure that
his/her latest mobile number and email ID is updated with the lender. The lender shall rely upon the mobile
number and email ID provided by borrower, and shall not be obliged to verify or make further inquiry into the
validity of the mobile number and email ID provided by borrower. The borrower shall in no circumstance dispute
such reliance by the lender.
Payment Gateway Charges:
The borrower can choose the most appropriate Payment Option available in the Payment Gateway and use
the same for online payment of Kissht outstanding dues/fees/other charges. The applicable payment
gateway charges, if any, shall be communicated to the borrower at the time of payment and will need to be
borne by borrower.
1. Customers with overdue amounts less than Rs. 7000 will be charged a one-time overdue charge of Rs 150 and per day penalty charge of Rs 50.
2. Customers with overdue amounts greater than or equal to Rs. 7000 will be charged a one-time overdue charge of Rs 200 and per day penalty charge as mentioned in the
“Daily Penalty Charges” grid
Note: 18% GST on “Overdue Penalty Charges” amount is additionally applicable. System will auto-calculate
Overdue Penalty Charges + GST & display only the total to you.
Important Notes:
1. Subject to sub-point 2 below, One-Time Overdue Charges & Daily Penalty Charges will be applied if the EMI repayment is done after the scheduled due date or if
otherwise applicable as per the terms of the Financing Document (collectively referred to as “Overdue Penalty Charges”).
2. The Overdue Penalty Charges to be levied on borrower, per EMI, will be lower, of INR Rs.2000, 100% of principal outstanding, or the amount calculated as per the
details provided in the Details of Contingent Charges – Part 2 above
3. As and when any updates to the fees & charges are introduced by the Lenders, the borrower shall be intimated about such changes by email or otherwise in the
manner prescribed for the same from time to time by Lenders. The borrower shall at all times ensure that his/her latest mobile number and email ID is updated with
the Lenders. The Lenders shall rely upon the mobile number and email ID provided by the borrower, and shall not be obliged to verify or make further inquiry into
the validity of the mobile number and email ID provided by the borrower. The borrower shall in no circumstance dispute such reliance by the Lenders.
Other Charges:
The customer can get in touch with the customer service executive over call between 9:30 am to 6:30 pm, 7 days a
Call week & 365 days a year by dialing the above number.
If the customer is unable to connect due to temporary heavy call volumes. A callback shall be attempted, in most of
the cases, by the customer services team to the customer to resolve his query/grievances.
022 48913631
The customer can get in touch with the customer service executive over Chat (preferably from his/her registered
mobile number) between 9:30 am to 6:30 pm, 7 days a week & 365 days a year by saving the above Official
Chat WhatsApp Chat number on his/her smartphone. In addition to WhatsApp Chat, the customer can also Chat with the
customer service executive by simply using the Chat option given in the Kissht App.
During non-working hours, the customer can use the automated Chatbot service available on the same number for
getting his/her basic queries resolved and for raising a grievance too.
[email protected]
Email
The customer can get in touch with the customer service executive over Email by sending his query/grievance
(preferably from his/her registered email id) to the above mentioned email id of the company.
F) Grievance Redressal Mechanism – Level 2
If customer is unable to get a satisfactory response or is unable to reach the above Level 1 channels for Grievance Redressal,
he/she may choose to escalate the issue to the below mentioned officer’s:
Important Notes:
The Grievance Redressal Officer (GRO) may be reached on the number provided above anytime between 10:00 and
18:00 from Monday to Saturday except public holidays or through the e-mail address above. The GRO shall endeavor
to resolve the grievance within a period of 14 days from the date of receipt of a grievance.
If the Borrower does not receive a response from the GRO within 14 (fourteen) days of making a representation, or if
the Borrower is not satisfied with the response received from the GRO, the Borrower may reach the Nodal Officer
anytime between 10:00 to 18:00 from Monday to Saturday except public holidays or write to the Nodal Officer at the
e-mail address above.
If the grievance is not redressed by the Nodal Officer of the Company, within a period of 30 (thirty) days, then the
borrower can lodge a complaint over the Complaint Management System (CMS) portal under the Reserve Bank-
Integrated Ombudsman Scheme (RB-IOS).
G) Details of Recovery Mechanism:
SI Creva Capital Services Private Limited (SCCSPL) is an RBI registered NBFC follows all extant rules related to
collections practices as laid down under regulations. SCCSPL follows a customer first approach where the emphasis of
collections is to work with the borrower so as to ensure the best outcome for them, while educating them on their
rights and consequences under different scenarios.
The course of action adopted by SCCSPL post default by the borrower in repaying the scheduled repayment(s) is as
follows:
In the event of any delay or default in payment of any amount due and payable by the borrower in relation to the loan,
the immediate action taken is to initiate messaging through SMS, inapp-chat, Verified WhatsApp Business Account,
IVR, notifications, email and tele-calling by our inhouse collection team. The messaging is context-based and focuses
on customer education and warning around credit bureau impacting future loans and legal impact.
The next action taken is to send written communication by letters and/ or by electronic communication LDN (Loan
Demand Notice) and LRN (Loan Recovery Notice) through multiple channels including email, SMS, Verified WhatsApp
Business Account and registered post in vernacular languages.
Finally, SCCSPL delegates the recovery to its network of field agents who will first visit the borrower at the place of
their choice, and in the absence of any specified choice of place, at the place of their residence and if unavailable at
residence, at the place of business/occupation/ identified place of work. Such personal visits shall ideally be from 8.00
am to 7.00 pm. It is ensured that the external collection partners are compliant with RBI guidelines and
recommendations and follow best industry practice. In case of personal visits, identity and authority of persons making
such visits for follow up and recovery would be made known to the obligors at the first instance. All collection agents
will be required to follow a code of conduct covering their dealings with the borrowers. All the practices adopted for
follow up and recovery of dues and enforcement of security will be in consonance with applicable laws. In addition to
the foregoing, recovery proceedings may be initiated in accordance with applicable laws.