Terms and Condition
Terms and Condition
Terms and Condition
Thank you,
Yours truly,
For Tata Capital Limited
Constituted
Attorney Mr Deepak Aggarwal
Authorised Signatory/ies
(B) The Lender has agreed to grant the said initial finance facility for an amount specified in the Loan details section
(“Initial Facility”) on the terms and conditions contained herein and the Master Terms and Conditions registered
as Document No. BBE-5/15927/2023 on October 30th, 2023 with the Sub-Registrar at Mumbai City - 5 (hereinafter
severally referred to as “Master T&Cs”). Based on the request of the Borrower, the Lender has agreed, that, upon
the completion of 12 months from the date of first disbursement under the Initial Facility (“Period”) or such other
period as may be agreed, subject to the Borrower meeting the credit and other criteria of the Lender, the Borrower
shall be entitled to an additional facility not exceeding the amount as specified in the Loan details section
(“Additional Facility”), without further act or deed and the same may be disbursed to the Borrower at any time
after the said Period at the discretion of the Lender on the terms and conditions contained herein and the Master
T&Cs.
(C) The Lender shall, at its sole discretion, without assigning any reason, be entitled to cancel or reduce the Additional
Facility. The term “Facility” shall include the Initial Facility and also the Additional Facility and unless repugnant to
the context, references to the term ‘Facility’ in the Master T&Cs shall be read and construed accordingly.
(D) The Lender has agreed to extend the Facility to the Borrower, on the faith of the undertakings, representation and
warranties made by the Borrower (as more particularly stated in the Facility Documents).
2. Facility
(a) The Borrower agrees to borrow, and the Lender agrees to grant to the Borrower, the Facility, being the amount
specified in Loan details section and on such terms and conditions contained herein and in the Master T&Cs for the
Purpose as mentioned in the Facility Documents.
(b) The Borrower shall not be entitled to cancel or refuse to accept Disbursement of the Facility upon acceptance of these
Terms and Conditions except with prior written approval of the Lender and upon payment of such cancellation charges
as set out in the Loan details section. Further, such cancellation shall take effect only when the Borrower has paid to
the Lender the Outstanding in full to the Lender’s satisfaction.
4. Penal Charges
In case of default by the Borrower in the repayments of the Facility on the relevant Due Date and for other instances
as set out in Loans Details section hereto, the Lender shall have a right at its option to charge Penal Charges as set
out in the Loan details section, for the period during which such default continues.
Page 1
7. Disclosure
The Borrower hereby agree and consent for disclosure and sharing of the information and data and for being
contacted vide various communication modes notwithstanding their names and / or numbers appearing in the Do Not
Call or Do Not Disturb registry, as per the terms and conditions contained in the Master T&Cs.
8. Other Conditions
(a) It is hereby clarified that all references to the term “Penal Interest” shall be substituted with “Penal Charges” in the
Master T&Cs.
(b) It is hereby clarified that all references to the terms “Retail Prime Lending Rate”, “RPLR”, “Long Term Lending Rate”,
“LTLR”, “Short Term Lending Rate” and STLR” shall be substituted respectively with "TCL Retail Prime Lending Rate”,
“TCL RPLR”, “TCL Long Term Prime Lending Rate”, “TCL LTPLR”, “TCL Short Term Prime Lending Rate” and “TCL
STPLR” respectively, in the T&Cs.
(c) The Borrower shall abide by all terms and conditions as specified in the Master T&Cs including without limitation
general and special covenants mentioned therein, which shall form an integral part of these Terms and Conditions
as if incorporated herein. In case of any inconsistency or repugnancy between the terms of these Terms and
Conditions and the Master T&Cs, the terms of these Terms and Conditions shall prevail.
(d) Nothing contained herein shall limit the rights of the Lender to enforce these Terms and Conditions independently
and in exclusivity to the Facility Documents.
(e) The Borrower hereby state that the Borrower has read and understood the Master T&Cs, a copy of which is available
on the website (i.e. www.tatacapital.com), and hereby agree to be bound by the terms and conditions as contained
in the Master T&Cs read with these Terms and Conditions.
(f) The Borrower shall adhere to the timelines set out in the Loan details section.
(g) The Borrower agrees that the Additional Facility shall be governed by this Terms and Conditions read with the Master
T&Cs although the Additional Facility may be allotted a different contract number in the records of the Lender.
(h) The Borrower hereby understands that the Lender may, if required, seek information or documents in addition to
what is mentioned in its KYC-PMLA Policy and the Borrower hereby consents to the same and agree to provide such
information or documents.
(i) The Borrower declares that all the details furnished are true, correct and up to-date in all respects and that the
Borrower has not withheld any information whatsoever. The Borrower undertakes to inform the Lender of any
changes therein, immediately. In case any of the above information is found to be false or untrue or misleading or
misrepresenting, the Borrower is aware that the Borrower may be held liable for it.
(j) More particularly, the Obligors hereby consent to the Lender updating/furnishing the Obligors’ KYC data on the
Centralised KYC Registry (CKYCR) or such other database or repository as may be prescribed from time to time as
also access, download and procure data therefrom and rely upon the same for the purpose of KYC checks and it shall
be the Obligors’ responsibility to ensure that the data is correct and updated and to immediately intimate in writing
in case of any changes to the data. The Lender may also verify the data in such manner as it deems fit and seek
additional information or perform enhanced due diligence. The Obligors consent to receive information/intimation
from the Lender/CKYCR through SMS/Email on the registered number/email address notwithstanding the names
and / or numbers of the Obligors appearing in the Do Not Call or Do Not Disturb registry.
(k) The Borrower hereby declare that the mobile number as submitted by the Borrower is the same as the one available
and registered with the Unique Identification Authority of India (“UIDAI”). The Borrower undertake to inform the
Lender of any changes therein, immediately. In case any of the above information is found to be false or untrue or
misleading or misrepresenting, the Borrower is aware that the Borrower may be held liable for it.
Page 2
(o) In the event any amount is not paid when due, the account will be flagged as overdue as part of day-end process as
Special Mention Account (‘SMA’) or Non- Performing Asset (‘NPA’) (as the case may be) in accordance with the
extant RBI provisions. Examples of classification of an account as SMA/ NPA categories are provided below. The
Obligors confirm that they have read, understood and accepted the same.
SMA Sub- Categories Basis for classification- Instalment or any other amount wholly or
partly overdue
SMA-0 1-30 days
Examples:
(a) If due date of a loan account of the borrower is 9th March, 2021 and full dues are not received on this
date, the date of overdue shall be end of the day on 9th March, 2021 and the loan account shall be
classified as SMA–0.
(b) If the loan account continues to remain overdue on 8th April, 2021 i.e. upon completion of 30 days of
being continuously overdue, then this account shall be classified as SMA-1 on 8thApril, 2021.
(c) If the loan account continues to remain overdue upon running day-end process on 8th May, 2021 i.e.
upon completion of 60 days of being continuously overdue, it shall be classified as SMA-2 on 8th May,
2021.
Page 3
9. Arbitration
If any dispute, difference or claim arises between any of the Obligors and the Lender in connection with the Facility
or as to the interpretation, validity, implementation or effect of the Facility Documents or as to the rights and
liabilities of the parties under the Facility Documents or alleged breach of the Facility Documents or anything done
or omitted to be done pursuant to the Facility Documents, the same shall be settled by arbitration by a sole
arbitrator to be appointed by any of the following institutions:
(a) The Council for National and International Commercial Arbitration having its office at Unit No.208, 2nd Floor,
Beta Wing, Raheja Towers, Nos.113-134, Anna Salai, Chennai – 600002.
(b) Centre for Online Resolution of Disputes having its office at F-14, 3rd Cross, Manyata Residency, Manyata Tech
Park, Bengaluru – 560045.
(c) The Centre for Alternative Dispute Resolution Excellence having its office at 107C, Mulberry Woods, Janatha
Colony, Carmeleram Station Road, Doddakanneli, Bengaluru - 560035.
(d) ADR E-Sarvatra Private Limited having its office at 63, Palace Road, Vasanth Nagar, Bengaluru - 560052.
(e) Madras Alternate Dispute Resolution Centre (MADRC), having its office at C-40, 2nd Floor, 2nd Avenue, Anna
Nagar West, Chennai - 600040.
(f) Lex Carta Private Limited (Just Act), having its office at T4, 7th Street, Dr VSI Estate Phase 2, Thiruvanmiyur,
Chennai, Tamil Nadu - 600041.
(g) The Madras Chamber of Commerce & Industry (MCCI), having its office at “Karumuttu Center”,1st Floor, 634,
Anna Salai, Chennai - 600035.
(h) Any arbitral institution designated under the provisions of the Arbitration or Conciliation Act, 1996 (“the Act”)
or any panel of arbitrators maintained under the provisions of that Act;
hereinafter referred to as (“Institution”) in accordance with the rules of the Institution as prevailing and as
amended from time to time.
The arbitration proceedings shall be based on documents only which shall be conducted through exchange of e-
mail and/or any other mode of electronic communication as permitted by the rules of the Institution or through
an online dispute resolution by the web portal offered by the Institution. The parties hereby agree that the arbitral
proceeding shall be conducted in electronic mode and all pleadings and documents will be exchanged
electronically. There shall be no in-person and/or oral hearings except in certain exceptional circumstances as the
sole arbitrator may deem fit upon the request of either of the parties. In such instances, the hearings shall be
conducted virtually at the sole discretion of the arbitrator. The seat of arbitration for all purposes shall be deemed
to be such place as mentioned in the Loan details section. The language of arbitral proceedings shall be English.
In the event the arbitrator to whom the matter is originally referred, resigns or dies or is unable to act for any
reason, the Institution shall appoint another person in his/her place to act as arbitrator who shall proceed with the
reference from the stage at which it was left by his/her predecessor.
The arbitrator so appointed shall have the power to pass an award and also to pass interim orders/directions as
may be appropriate to protect the interest of the parties pending resolution of the dispute. A certified copy of the
award passed by the arbitrator, a digitally signed copy of the same or a scan copy of the same shall be sent to the
parties through e-mail or any other electronic mode including the web portal as the Institution deems fit which
shall be considered as a signed copy.
All notices, processes and communications between the parties with respect to the arbitration proceedings shall
be through e-mail or any other mode of communication permitted by the Institution notwithstanding the notice
clause contained in these Terms and Conditions which shall continue to apply to all other communications between
the parties.
It shall be the responsibility of the Lender and Obligor(s) to maintain sufficient space in the e-mail account and/or
in any other mode of electronic account(s) and also to have supporting applications/software in their
computer/mobile/any other electronic device to access the electronic documents sent to them. It shall also be the
Page 4
The courts at such place as mentioned in the Loan details section shall have exclusive jurisdiction in respect of
matters arising hereunder including any petition for appointment of an arbitrator under Section 11 of the
Arbitration and Conciliation Act, 1996 / application for setting aside the award/appeal and the Lender/ Obligor(s)
shall not object to such jurisdiction. The arbitration shall be conducted under the provisions of the Arbitration and
Conciliation Act, 1996 together with its amendments, any statutory modifications or re-enactment thereof for the
time being in force. The award of the arbitrator shall be final and binding on all parties concerned. The cost of
arbitration shall be borne by the Borrower.
10. Jurisdiction
Subject to the clause 9 above, the Parties hereto agree that all disputes arising out of and/or in relation to these Terms
and Conditions, shall be subject to exclusive jurisdiction of the courts/tribunals as mentioned in the Loan details
section. The Lender may, however, in its absolute discretion commence any legal action or proceedings arising out of
these Terms and Conditions, in any other court, tribunal or other appropriate forum and the Obligors hereby consent
to that jurisdiction.
Page 5
73 MAYA NAGAR Gurgaon MAYA NAGAR road Gurgaon Road South West Delhi Delhi
a) Name of Co-
NA
Borrower
b) Constitution NA
c) Address NA
Notes:
The amounts are net of taxes such as GST, etc.
GST, other Government taxes and levies as applicable, will be payable on all fees and charges in this document.
Broken Period Interest amount and 1st EMI date depend on the Disbursement Date and the final figures would be mentioned in
the Welcome Letter and Repayment Schedule.
Net Disbursed Amount may change if there is a difference in agreement execution date and actual loan disbursal date on account
of change in Broken Period Interest or any changes opted post execution of the Agreement.
For facilities which are in the nature of revolving line of credits, the repayment schedule and the APR are calculated assuming
customer has utilised 100% amount on the day of disbursal.
For the APR, please refer the calculation of APR given below.
Benefits like Overdraft:
o Disbursement would be post deduction of processing fee, insurance charges and any other applicable charges.
o In case of Overdraft facility customer needs to pay interest on the limit utilized for the first 12 months (or as may be
applicable). Drop Down will start from the 13 th month (or as may be applicable) onwards. The principal due amount
as applicable along with the interest on the limit utilized would be repaid by the Borrower/s on the due date as
applicable of every month.
Any revision in charges shall be updated by the Lender on its website (www.tatacapital.com) or otherwise intimated to the
Borrowers.
Computation of APR
2 Loan Term (in years/ months/ days) (Sl No.4 of the KFS template –
60 Months
Part 1)
a No. of instalments for payment of principal, in case of non-equated
NA
periodic loans
b Type of EPI Monthly
Amount of each EPI (In rupees) Rs. 8841
Number of EPI ( Sl no. 5 of the KFS – Part 1) 60
c Number of instalments for payment of capitalised interest, if any NA
d Commencement of repayments, post sanction (Sl No. 5 of the KFS –
03/01/2025
Part 1)
3 Interest rate type (fixed or floating or hybrid) (Sl No. 6 of the KFS –
Fixed
Part 1)
4 Rate of Interest (Sl No. 6 of the KFS – Part 1)
21.0 %
Annex C
Repayment Schedule
The Repayment Schedule and its figures and calculation are as on 17/11/2024 and may
vary based on the applicable date of disbursement. I confirm that I have thoroughly read
SACHIN KUMAR
Borrower Co-Borrower