Al 1070115339
Al 1070115339
:1070115339
Sourcing Channel g
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g c DSA
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g c PBK
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g c Web
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g c Referral Sales
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g b Other Channel (Specify)
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g NET
I Wish to apply for below ticked ()loan and request you to process the loan application as per details provided in the form Application date 17/12/2019
Existing Customer Cust Id 69542744 Saving/Current A/C no. 50100163686821 Loan no. 1070115339
Title b Mr.
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g c Ms.
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g c Dr. g
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g b Applicant g
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f Co-Applicant c
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g Guarantor PAN No. GHAPK5225A
Form No.:1070115339
B. OCCUPATIONAL DETAILS
Occupation c Salaried g
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g b Self employed g
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f c Self employed professional g
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f c Retired g
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f c Housewife g
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f c Student g
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f c Other
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Landmark
City DALHOUSIE PIN Code 176304
State HIMACHAL PRADESH Country INDIA
Tel(o) -
Official e-mail ID
Preferred Mailing Address g
b Current Residence g
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f c Current Office
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Form No.:1070115339
E.ADDITIONAL DETAILS
Vehicle Owned : Manufacturer : TOYOTA KIRLOSKAR MOTORS Model: INNOVA CRYSTA GX Bought in Yr. Financed
INDIA LTD.
Other Items: g
c LCD/LED g
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f c Microwave g
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f c Home theatre g
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f c Washing machine g
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f c Modular Kitchen g
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f c Smartphone
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f c AC
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g c Laptop/Tablet
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Wish to Apply for: c Insurance
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g c Mutual fund
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g c Credit card
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g c Saving/Current a/c
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g c FD/RD
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g c Advisory/Treasury
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g c Loan
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PERSONAL REFERENCE (Name & address of refrence living in the same city)
1) Name 2) Name
PIN Mobile no. Landline no. PIN Mobile no. Landline no.
F. PRIORITY SECTOR CATEGORY (important: if applicant belongs to any of the below category, pls tick the box) (Bank Copy)
c Direct Agri (Agriculturist/Farmer/Agri allied activities like, dairy farming,poultry farming,fishery,bee-keeping ect)
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Land (acres) Location: Pin Code
c Indirect Agri: Service units like trader / dealer in fertilizers / seeds / pesticides / cattle feed / poultry feed / agri equipment or machinery, dealer of tractors or contracting
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tractors / borewells etc.
c Manufacturing enterprises
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g c Manufacturing unit with investment in plant & machinery g
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g c Manufacturing unit with investment in plant & machinery
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upto Rs. 5 Lakh > Rs. 5 Lakh to Rs.25 Lakh
c Manufacturing unit with investment in plant & machinery
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g Value of investment (Rs.)
> Rs. 25 Lakh to Rs. 5 Cr CC Limit(Rs.)
Declaration: I/we hereby declare/confirm that the vehicle purchased/ to be purchased / loan availed / to be availed by me/us shall be used
c For the purpose of Agriculture and/or assist the transport of agriculture input and farm product.
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c For the purpose of Business : I / We are aware that it is on the faith of this representation, declaration and confirmation that you have agreed to consider my loan
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application for financial assistance under the category of Priority sector advances. I / We shall indemnify the bank to make the loss of good in the event of any loss or
damage that may arise on account of false / incorrect declaration by me / us.
Application is submitted on-line by the customer using his/her NetBanking cust ID and password on 17/12/2019 at 04:01 PM through IP Address 169.149.237.141 .
Form No.:1070115339
G. DOCUMENTS SUBMITTED
I / we confirm having submitted the following documents (ticked below) along with this loan application form to the Bank
Application Form b
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g 17/12/2019
Photograph (signed across) c
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Latest 3 months Bank Statement (Where salary income is credited) c
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Latest 2 salary slip / Salary Certificate / Form 16 (if applicable) c
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Proof of Continuity current job (Specify) c
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Proof of identity (Specify) c
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Proof of Residence (Specify) c
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Proof of Qualification (Specify) c
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Loan Account Statement for Balance Transfer / Balance Transfer & Top up /
Repayment / Retention cases c
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New Car Loan Agreement b
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g 17/12/2019
Signature Verification c
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ECS / Auto Debit Mandate c
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Post dated cheques (PDC) ( nos) c
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Security post dated cheques ( nos) c
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Form No.:1070115339
This Agreement for Auto Loan (hereinafter referred to as this "Agreement") is made on the date and at the place mentioned in the Schedule hereunder written,
BETWEEN
1. The persons referred to as 'Borrower', in the Schedule hereunder written of the First Part;
AND
2. HDFC BANK LTD.,a corporate body having its registered Office at "HDFC Bank House, Senapati Bapat Marg, Lower Parel (West), Mumbai 400 013 and inter alia a
Lending Office in India at the address mentioned in the Schedule hereunder written hereinafter referred to as the "Bank" (which expression shall, unless it is repugnant to
the context or meaning thereof, mean and include its successors and assigns) of the Third Part.
The Borrower shall, unless it is repugnant to the context or meaning thereof, be referred hereinafter as the "Borrower".
WHEREAS:
A. The Borrower has/have approached the Bank to avail of a loan to be extended to the Borrower for any of the following purposes:
(a) Purchase of new vehicle along with all accessories and any incidental expenses.
OR
(b) Purchase of used vehicle along with all accessories and any incidental expenses.
B. The Borrower has also requested the Bank for being considered for grant of additional facility during the tenure of said loan as above.
C. At the request of the Borrower, the Bank has granted/ agrees to grant the First Loan, and agreed to consider the Borrower for the Additional Loan, upon the following
terms and conditions which have been duly accepted by the Borrower.
3.3 In the event (a) the Borrower does not utilize the Loan within 7 days of the issuance of cheque/demand draft of a Loan, or (b) the Borrower requests the Bank to
cancel the Loan within 7 days of disbursement of the Loan, or the first tranche thereof, as the case may be, the Bank may at its sole and absolute discretion, suspend
or cancel the Loan(s) and the Borrower shall be liable to pay forthwith the cancellation charges and other charges, if any, as set out in the Schedule hereunder written
along with the total amount of Loan(s), if disbursed and utilized, interest and other Dues.
3.4 It is clarified for avoidance of doubt that the Post-Dated Cheques have been drawn by the Borrower for the discharge, in whole or in part, of its debt or other liability
under this Agreement, being the Dues, and not for the purpose of creating a security in favour of the Bank.
5. SECURITY
5.1 In consideration of the Bank having granted or agreed to grant to the Borrower, the First Loan and having agreed to grant at its sole and absolute discretion, the
Additional Loan subject to the terms and conditions mentioned herein and in the Collateral Documents, the Borrower hereby hypothecates to and charges in favour of
the Bank by way of first and exclusive charge the Vehicle for the due payment and repayment of the First Loan and the Additional Loan and the respective Dues and
hereby agrees to obtain an endorsement to that effect on the Registration Certificate from the concerned Registering Authority. Provided that if the Vehicle (to be
acquired) has not been delivered to and/ or registered (wherever applicable) in the name of the Borrower at the time of signing of this Agreement, the particulars of the
Vehicle shall be informed in writing by the Borrower within two calendar days of such delivery and / or registration, whereupon such writing shall form part of this
Agreement and the Schedule hereto; In case of the Vehicle being a used vehicle and subject to a prior charge/hypothecation/lien/any other encumbrance, the
Borrower shall forthwith obtain and submit to the Bank an irrevocable no-objection certificate from the holder of such prior charge/hypothecation/lien/any other
encumbrance for the creation of hypothecation and charge by the Borrower in favour of the Bank over the Vehicle(s). The Bank shall be entitled to withhold
disbursement of the whole or part of the Loan until the submission of the above referred no-objection certificate to the Bank by the Borrower; further without prejudice
to any other rights available to the Bank hereunder or under law, the Bank may call upon the Borrower to submit/procure such additional documents in original and/or
assurance(s) as the Bank may require and the Borrower hereby unconditionally and irrevocably agrees and undertakes to submit/procure such additional documents
in original and/or assurance(s) to the Bank.
5.2 The Obligor hereby agrees that the Bank is not responsible for delivery of duly endorsed Registration Certificate and that the Borrower shall not withhold payment
of Installments on the ground that Registration Certificate has not been delivered.
5.3 The Borrower hereby expressly and irrevocably agree that they shall be estopped from taking the plea that on the date the this Agreement was signed the exact
details of the Vehicle were not available.
5.4 The charge created by the Borrower in Clause 5.1 above shall stand as security for the repayment and payment by the Borrower of the Loans granted or to be
granted to the Borrower by the Bank together with all Dues. . The Borrower hereby agrees that any and all filings made and any endorsement on the Registration
Certificate obtained from the concerned Registering Authority in relation to the hypothecation and charge created over the Vehicle shall be deemed to have been
filed/obtained (as the case may be) for the purpose of the First Loan, the Additional Loan and all the respective Dues.
5.5 The charge herein created shall continue unless and until the Bank shall issue a certificate discharging the security created herein and shall not affect, impair or
discharge the liability of the Borrower by winding up (voluntary or otherwise) or by any merger or amalgamation, reconstruction, takeover of the management,
dissolution or nationalization (as the case may be) of the Borrower.
5.6 The hypothecation and charge in favour of the Bank shall be deemed to take place immediately on signing of this Agreement or delivery of the Vehicle, as the case
may be, whichever is earlier. Notwithstanding anything to the contrary in clause 2.2 hereinabove, the provisions of this clause 5 as regard the Additional Loan shall
come into force with immediate effect and become applicable, upon signing of this Agreement or delivery of the Vehicle, as the case may be, whichever is earlier.
5.7 Without prejudice to the aforesaid, the Obligor hereby agrees to create such further/additional security as the Bank may at its sole and absolute discretion deem
necessary for the purpose of securing the First Loan, Additional Loan (if any) and all the respective Dues.
7. INDEMNITY
7.1 The Obligor shall indemnify, keep indemnified and saved harmless the Bank on demand in respect of any actions, claims, costs, damages, demands, expenses,
losses and liabilities made against, suffered or incurred by the Bank arising directly or indirectly from or in connection with:
(i) Any failure by any of the Obligor to comply with the provisions of this Agreement and/or any of the Collateral Documents;
(ii) any liability including third party liability that may arise out of the possession, operation and use of the Vehicle by the Borrower or by its employees or by its
agents or by other persons whosoever whether or not authorized by the Borrower for use of the said Vehicle and incidental to that purpose;
(iii) any claims, losses, demands, actions, costs, expenses and liabilities incurred or suffered by the Bank by reason of the representations and warranties given
by the Borrower being false or untrue in material respect or misleading and / or any claims, losses, demands, actions, costs, expenses and liabilities incurred or
suffered by the Bank by reason of the Vehicle not being free from encumbrance and/or any previous charge.and/or
(iv) any claims, demands, actions, costs, expenses and liabilities incurred or suffered by the Bank by reason of non-payment or insufficient payment of stamp duty
by the Borrower on this Agreement, sanction letter for the Additional Loan, and the Documents and any other writings or documents which may be executed
pursuant to and or in relation to this Agreement.
7.2 The Borrower shall keep the Bank informed of all developments regarding such action, claims, costs, damages, demands, expenses, losses and liabilities and
shall not dispute, compromise or otherwise deal with the same except with the consent of the Bank. The Bank shall however be under no obligation and / or liability to
the Borrower to provide any assistance in connection with any such claim that the Borrower may require.
7.3 This Clause 7 (Indemnity) shall survive the termination of this Agreement.
8.1 The Borrower shall:
(i) obtain and do all that is necessary to maintain in full force and effect all authorizations, approvals, consents, no-objections, insurances, licenses, permissions
and renewals required in or by the laws of India in relation to this Agreement, each of the Collateral Documents and the performance of obligations hereunder and
thereunder and in relation to the Vehicle;
(ii) Get the Vehicle (in case of acquiring a new Vehicle) registered with the appropriate Registering Authority (wherever applicable) under the Motor Vehicles Act,
1988;
(iii) inform the Bank promptly in writing of any theft or damage to the Vehicle, lodging of any claim whatever with any insurance company in respect of the Vehicle
and such writing shall be delivered to the Bank within three working days of such damage or lodgment of claim;
(iv) Inform the Bank of any loss, destruction or misplacement of the Registration Certificate of the Vehicle or the insurance policy relating to the Vehicle within three
working days of such loss, destruction or misplacement;
(v) Not apply for any duplicate Registration Certificate for the Vehicle otherwise than by delivering the application thereof to the Bank for endorsing its charge on the
Vehicle; and
(vi) Not transfer the registration of the Vehicle to any city or town other than the City of Registration;
(vii) Indemnify and keep indemnified the Bank against any loss or damage to the Vehicle or any part thereof from whatever cause whether or not such damage is
as a consequence of the negligence of the Borrower.
8.2 The Borrower undertakes that he/she/it/they shall have and maintain sufficient balance in the account of the drawee bank for payment of Installments/ Post- Dated
Cheques /SI/ECS instructions on the day when any Installment herein or the Dues become payable and for 45 days thereafter to honour any cheque/ Post -Dated
Cheque/instruction.
8.3 The Borrower shall utilize the entire First Loan for the purchase of the Vehicle(s) and for paying insurance premium as mentioned above, if any as indicated by him
in his loan application and for no other purpose whatsoever. Insofar as the Additional Loan (if any) is concerned, the Borrower shall not utilize the Additional Loan for
any purpose other than the purpose mentioned in application made therefor to the Bank and/or the sanction letter issued by the Bank and accepted by the Borrower.
8.4 It shall be the Borrower's obligation to keep himself acquainted with the rules of the Bank, from time to time.
8.5 The Borrower expressly recognizes and accepts that the Bank shall, without prejudice to its right to perform such activities itself or through its officer or servants,
be absolutely entitled and have full powers and authority to appoint one or more third parties of the Bank's choice and to transfer and delegate to such third parties the
right and authority to collect on behalf of the Bank all amounts hereunder and to perform execute all acts, deeds, matters and things connected therewith or incidental
thereto including sending notices of demand, attending the residence or office of the Borrower or otherwise contacting the Borrower, receiving the Installments in'
cash/draft/cheque whether in the name of the Bank or in its own name from the Borrower, entering into a compromise with the Borrower, giving a valid receipt and
granting effectual discharge to the Borrower and generally performing all lawful acts as the third parties may consider appropriate for the purposes.
8.6 The Borrower agrees hereby to pay the Installments and other Dues to the Bank under this Agreement and the Collateral Documents irrespective of whether or not
the Vehicle is in use by the Borrower and/or, even if the Vehicle is not in use due to damage and repair.
8.7 In case the Loan(s) is/are taken jointly by more than one Borrower, their liability shall be joint and several, even if the Vehicle is registered in the name of one of the
Borrower only.
8.8 The Borrower agrees to allow the officers, or auditors (including Borrower's auditors),technical experts or management consultants appointed by the Bank to
inspect the Borrower's books of accounts and certify including but not limited to end use of funds, from time to time as required by the Bank and agree to forthwith,
upon demand by the Bank, to extend full co-operation and pay for the costs and expenses incurred by the Bank in relation to said inspection.
8.9 The Borrower agree and undertake not to induct a person, into the Board of Directors, who is a promoter or director on the Board of a company which has been
identified as a willful defaulter or a person who has been declared as a willful defaulter by any Bank/Financial Institution. In case such a person is already a member
of the Board of Directors, the Borrower would take expeditious and effective steps for the removal of that person from the Board of Directors.
9. COVENANTS
9.1 The Borrower shall:
(i) keep the Vehicle specifically appropriated to the security herein;
(ii) pay all rates, assessments, taxes and other outgoings which are now or hereafter may be assessed, imposed, or payable for the Vehicle by the Government,
Municipal Corporation, Registration Authority or other authority and on demand produce to the Bank every receipt thereof, charges, taxes, assessments or other
outgoings,
(iii) Allow inspection of the Vehicle and all documents relating thereto for verification thereof or making valuation by (a) the Bank or (b) its officers, auditors,
technical experts, management consultants, Valuers or any other persons authorised for the purpose by the Bank.
(iv) Not sell, encumber, transfer or otherwise dispose of or suffer or allow to suffer any attachment or distress to the Vehicle or any parts thereof or allow anything
that may prejudice or endanger the security herein (including installation of LPG / CNG Kit) without the express consent in writing of the Bank.
(v) On demand being made by the Bank: -
(a) give immediate actual possession to the Bank, its nominees or agents (as the case may be) of the Vehicle;
(b) transfer, deliver and endorse all registrations, policies, certificates and documents relating to the Vehicle to the Bank, its nominees or agents (as the case
may be); and
(c) do and execute or cause to be done and executed at the costs and expenses of the Borrower, all such acts, deeds, assurances, matters, and things as may
be required by the Bank for further assuring and confirming the security created herein and the rights, powers and remedies hereby conferred.
(vi) Sign and deliver the necessary forms that may be required to be filed with the Registering Authority or other authorities under the Motor Vehicles Act, 1988 or
any other law for the time being in force to record the hypothecation on the said Vehicle, created or to be created in favour of the Bank.
(vii) Submit to the Bank a certified true copy of the Registration Certificate relevant to the Vehicle. This Registration Certificate will be submitted within 60 (sixty)
days of having taken delivery of the Vehicle or 150 (one hundred and fifty) days from the date of disbursal of the First Loan, whichever is earlier.
(viii) Punctually pay all the sums referred to in Clause 2 of this Agreement and all Dues in terms of the Collateral Documents.
11.2 the Obligor fails duly to perform any obligation or commits any breach of any of the terms, representations, warranties, covenants and conditions herein
contained or set out in the Documents or has made any misrepresentations to the Bank;
11.3 the Obligor (in case of either of them being a corporation or partnership firm) takes any action or other steps are taken or legal proceedings are started for
winding up, dissolution or re-organization or for the appointment of a receiver, trustee or similar officer on its assets particularly on the Vehicle;
11.4 the Obligor (in case of being an individual ), dies or takes any steps or any steps are taken with a view to his being made insolvent in any jurisdiction or with a
view to the appointment of a receiver, trustee or similar officer of any of his assets;
11.5 the Obligor fail/s to pay any insurance premium for the Vehicle or cheque bounce charges in terms and conditions hereof;
11.6 the Vehicle is confiscated, attached, taken into custody by any authority or subject to any execution proceeding;
11.7 the Vehicle is in distraint, endangered or badly damaged due to accident or any other reason whatever causing the same to be a total loss in the opinion of the
Bank or caused bodily injury to any person due to any accident or otherwise;.
11.8 the Obligor fail/s to pay any tax impost, duty or other imposition or comply with any other formalities required for the Vehicle under law from time to time;
11.9 the Vehicle is stolen and/or untraceable for any reason whatever;
11.10 Any of the PDCs/cheques delivered or to be delivered by the Borrower to the Bank in terms and conditions hereof is not encashed for any reason whatsoever on
presentation;
11.11 any instructions are given by the Borrower for stop payment of Post-Dated Cheques/ revocation of SI / ECS instructions, given as per Clause 3, for any reason
whatsoever,
11.12 The Borrower fails to supply a certified true copy of the Registration Certificate within the time frames specified in Clause 5 and Clause 8 hereof.
11.13 The Vehicle being destroyed for any reason whatsoever.
11.14 The Borrower failing to file the particulars of the Vehicle in the prescribed form of the Bank and as provided in the Schedule-to this Agreement;
11.15 any information given by the Borrower in his loan application to the Bank for financial assistance is found to be misleading or incorrect in any material respect or
any representation or any warranty under this Agreement or any of the Documents is found to be misleading or incorrect in the opinion of the Bank.
11.16 the Vehicle has been used or alleged to have been used for any illegal or speculative purposes or activity; or
11.17 Any circumstances arise which gives reasonable grounds in the opinion of the Bank that is likely to prejudice or endanger the Vehicle;
Then in any such case at any time thereafter without prejudice to the rights and remedies of the Bank, the Bank may (but shall not be bound to do so), without the
specific intervention of a court or any court order, by written notices to the Borrower declare the First Loan, Additional Loan(s) (if any) to be immediately due and
payable, whereupon the same shall become payable together with accrued interest thereon, the charges as set out in the Schedule hereunder written and all other
Dues.
On the question whether any of the above events / circumstances has/ have occurred / happened, the decision of the Bank shall be final conclusive and binding on the
Obligor.
14. ENFORCEMENT
14.1 If any of the "Events of Default" arises (whether demand for repayment/payment is actually made or not), and the same (if capable of remedy) is not remedied to
the satisfaction of the Bank within the period specified by the Bank, then and in such case and at any time thereafter, the Bank through its officers, agents or nominees
shall have the right (without prejudice to the right in Clause 7 and any of its other rights and remedies in law and contract) to take any one or more than one of the
following actions without the specific intervention of a Court or any court order:
(i) without any notice and assigning any reason and at the risk and expense of the Borrower and if necessary as attorney for and in the name of the Borrower take
charge and / or possession of, seize, recover, appoint receiver of and remove the Vehicle. The Bank will be within its rights to use tow -van to carry away the
Vehicle, and / or,
(ii) enter into or upon any place or premises where the Vehicle may be kept or stored and inspect, value or insure the same at the costs and expenses of the
Borrower, and / or,
(iii) sell by auction or any private contract or tender, dispatch or consign for realization or otherwise dispose of or deal with the Vehicle in the manner the Bank may
think fit,
14.2 The Borrower hereby agrees and authorizes the officers, agents and nominees of the Bank to do and exercise any one or more than one of the acts and powers
under this Agreement and the Documents.
14.3 Notwithstanding anything to the contrary expressed or implied herein:
(i) the Bank shall have a right to but shall not be bound to exercise any of the powers mentioned in this Agreement or any Collateral Documents; or,
(ii) if the Bank exercises any one or more powers mentioned in this Agreement and/or the Documents the same shall be without prejudice to the Bank's rights and
remedies available in any suit or any legal proceeding either pending or that may be initiated against the Borrower in law, or,
(iii) the Bank or its officers, agents or nominees shall not be in any way responsible for any loss, damage, limitation, or depreciation that the Vehicle may suffer or
sustain on any account whatsoever whilst the same is in possession of the Bank, its officers, agents or nominees or because of exercise or non-exercise of the
rights, powers, or remedies available to the Bank or its officers, agents or nominees and all such loss, damage or depreciation shall be debited to the account of
the Borrower howsoever the same may have been caused; or,
(iv) neither the Bank nor its agents, officers or nominees shall be in any way be responsible and liable and the Borrower hereby agrees not to make the Bank or its
officers, agents or any nominees liable for any loss, damage, limitation or otherwise for any belongings and articles that may be kept or lying in the Vehicle at the
time of taking charge and / or possession, seizure of the Vehicle pursuant to the terms of this Clause 14.
deposit on which security has been created in respect of the loan, also for any of the other liabilities and all the rights and powers vested in the bank in terms of any
security or charge created for the Loan shall be available to the bank also in respect of such Liabilities, irrespective of the fact whether the Loan is at any time repaid or
satisfied or not and ever after the Loan has been repaid or prepaid or the security and property is given to Bank in respect of any particular liabilities.
18. SEVERABLITY
If any provision of this Agreement is invalid or unenforceable or prohibited by law where that provision is to be performed, this Agreement shall be considered divisible as
to such provision and such provision shall be inoperative and shall not be part of the consideration moving from any party hereto to the other and the remainder of this
Agreement shall be valid and binding and of like effect as though such provision was not included herein.
22.4 The Borrower agrees to bear the stamp duties payable on this Agreement. However, the Bank may pay the stamp duty which shall be reimbursed by the
Borrower forthwith. The paper, if any, required for the payment of the stamp duty may bear a reference to this Agreement concluded electronically as on this date and
such paper shall be deemed to form an integral part of this Agreement.
23. SECURITISATION / ASSIGNMENT
23.1 The Bank may in its discretion be absolutely entitled and have full power and authority to sell, securitise, assign or transfer in any manner, in whole or in part, and
in such manner and on such terms as the Bank may decide, including reserving a right to the Bank to retain its power hereunder to proceed against the Borrower on
behalf of the purchaser, assignee or transferee, any or all outstanding's and Dues of the Borrower to any third party of the Bank's choice without reference to or without
written intimation by the Bank or to the Bank, any such action and any such sale, securitization, assignment or transfer shall bind the Borrower to accept such third
party as creditor exclusively or as a joint creditor with the Bank or as creditor exclusively with the right to the Bank to continue to exercise all power hereunder on behalf
of such third party and to pay over such outstanding's and Dues to such third party and / or to the Bank as the Bank may direct.
23.2 The Borrower expressly agrees, recognizes and accepts that the Bank shall be absolutely entitled and shall have full power and authority to securitize in whole or
in part, and / or whether with or without the underlying security any of the First Loan, Additional Loan, along with all the amounts outstanding thereon, in such manner
and on such terms as the Bank may decide, irrespective of whether the Bank gives the Borrower any notice regarding the same.
23.3 The Bank may disclose to a potential assignee or to any person who may otherwise enter into contractual relations with the Bank in relation to this Agreement
such information about the Borrower, and/or the Loans as the Bank shall consider appropriate.
24. MISCELLANEOUS
24.1 Notwithstanding anything stated elsewhere in this agreement, the continuation of the loan shall be at sole and absolute discretion of the Bank and Borrower
outstanding shall be payable to the Bank on demand. The Bank may at any time in its sole discretion and without assigning any reason call upon the Borrower to pay
to the Bank the Borrower outstanding and thereupon the Borrower shall, within 48 hours of being so called upon, pay the whole of the Borrower outstanding to the
Bank without any delay or demur.
24.2 Notwithstanding anything mentioned in the facility documents the Borrower acknowledge that the Bank reserves an unconditional right to cancel/terminate
Borrower right to avail of or make drawals from the unavailed portion of the loan sanctioned at any time during the currency of the loan, without any prior notice to the
Borrower.
24.3 The Schedule attached hereto shall form part and parcel of this Agreement.
24.4 The Borrower expressly agrees that any dealer / supplier / manufacturer / seller of the Vehicle , by or through whom this transaction may have been introduced,
negotiated or conducted shall not be deemed to be an agent of the Bank nor shall be Bank be deemed to be the agent of such dealer/ supplier / the manufacturer /
seller of the Vehicle and that the Bank shall not be liable for any representations or statements made by such dealer / supplier / manufacturer/seller to the Borrower or
the Guarantor(s).
24.5 No forbearance, indulgence or relaxation or inaction by the Bank at any time to require performance of any of the provisions of this Agreement and/or any of the
Documents shall in any way affect, diminish or prejudice the right of the Bank to require performance of that provision and any waiver or acquiescence by any party of
or in any breach of any of the provisions of this Agreement and/or any of the Documents shall not be construed as a waiver of or acquiescence in any continuing or
succeeding breach of such provisions, a waiver of any right under or arising out of this Agreement and/or any of the Documents or acquiescence in or recognition of
rights and / or position other than that expressly stipulated in this Agreement and/or any of the Documents.
24.6 No modification or amendment of this Agreement and no waiver of any of the terms or conditions hereof shall be valid or binding unless made in writing and duly
executed by all the parties.
24.7 The Bank shall be entitled to disclose any and all information relating to the Obligor to any person whatsoever, including without limitation any credit information
to any credit information bureau and shall also be entitled to use all such information for statistics, scoring or credit rating or other versa.
24.8 In this Agreement, if the contract permits or requires words importing the masculine gender shall include the feminine and neuter genders, and words in the
singular number shall include the plural and vice versa.
27. ACCEPTANCE
27.1 The Borrower has read the entire Agreement including the Loan and Vehicle details given in Schedule which have been filled in the presence of the Borrower.
The Borrower hereby expressly and irrevocably agrees to be bound by all the conditions including the details in Schedule.
27.2 The aforementioned Agreement and other documents have been explained in the language known by the Borrower and the Borrower has understood the entire
meaning of the various clauses.
27.3 The Borrower is aware that the Bank shall agree to become a Party to this Agreement only after satisfying itself with regard to all conditions and details filled by
the Borrower in the Agreement in consonance with the Bank's policy.
27.4 The Borrower agrees that this Agreement shall be deemed to commence and become legally binding on the date on the acceptance of the agreement on the
Bank's online system/NetBanking/Website of HDFC Bank Ltd. It shall be in force till all the monies due and payable to the Bank under this Agreement as well as all
other agreements, Document(s) that may be subsisting / executed between the Borrower, and the Bank are fully paid.
27.5 Notwithstanding anything contained herein, this Agreement shall not terminate and shall continue to be valid and in existence till all obligations of the Obligor in
terms of this Agreement and all Collateral Documents (including in respect of the First Loan, Additional Loan(s) (if any) and all Dues) are discharged by the Obligor to
the complete satisfaction of the Bank and the Bank confirms its satisfaction in writing to the Obligor.
27.6 The Borrower hereby agrees and acknowledges that the Borrower is not/shall not and shall not in any manner be construed to be deemed to be entitled to the
grant of any Additional Loan by the Bank and hereby expressly waives any right (if such right is or becomes available to the Borrower) to question or in any manner
dispute the rejection by the Bank of any request made by the Borrower for grant of Additional Loan.
27.7 On clicking on "I Agree" on the Bank's online system/NetBanking/Website of HDFC Bank, it shall be construed that the Borrower has duly executed this
Agreement and accepts all the terms and conditions contained herein and shall not raise any demur or protest in relation to the same. The Borrower is aware that the
Bank shall agree to become a party to this Agreement only after satisfying itself with regards to all conditions and detail's filled by them in the Application for the Loan
and this Agreement is in consonance with the Bank's policy.
27.8 The Borrower understands and acknowledges that internet is not a necessarily a secure means of transmission. The Borrower acknowledges and accepts that
such transmission methods involve the risk of possible unauthorized alteration of data, unauthorized usage therefore for whatever purposes and/ or virus attacks. The
Borrower agrees to hold HDFC Bank free and harmless from all losses, costs, damages, expenses that maybe incurred by the Borrower due to any errors, delays or
problems in transmission or unauthorized/ illegal interception, alteration, manipulation of electronic data, virus attacks/ transmission to the Borrower's system or
otherwise caused by using Internet as a means for availing the Loan.
27.9 The Borrower hereby agrees, acknowledges and confirms that the Borrower is availing of the online Loan facility in accordance with the terms contained herein
entirely at its own risk and consequences.
27.10. Under no circumstances shall HDFC Bank be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and
irrespective of whether any claim is based on loss of profit or revenue or anticipated savings, interruption of business, any loss of any goodwill, character or nature
whatsoever and whether sustained by the Borrower or by any other person and which may arise in respect of this Agreement.
27.11 This Agreement shall be governed by, and construed in accordance with, the laws of India. The Parties agree that if the process of the courts is required to be
at the city in which the Bank's lending office is situated, shall have exclusive jurisdiction and both the parties hereto submit to the same.
27.12 All disputes, differences and/ or claims arising out of these presents or as to the construction, meaning or effect hereof or as to the rights and liabilities of the
Parties shall be settled by arbitration to be held in the city in which the Bank's lending office is situated, in accordance with the provisions of the Arbitration and
A
Conciliation Act, 1996 (or any statutory amendments thereof or any statute enacted for replacement thereof) and shall be referred to the sole arbitration of a person to
L
be nominated by the Bank. In the event of death, refusal, neglect, inability or incapability of the person so appointed to act as an arbitrator, the Bank may appoint a new
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arbitrator. The award including interim award/ s of the arbitrator shall be final and binding on all parties concerned. The arbitrator may lay down from time to time the
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procedure to be followed by him in conducting arbitration proceedings and shall conduct arbitration proceedings in such manner as he considers appropriate./
27.13 Notwithstanding anything contained in clauses 27.11 and 27.12, in the event that the Bank is under Applicable Law bound to refer/raise any dispute orV
3
difference under this Agreement before any Debt Recovery Tribunal established under Recovery of Debts due to Banks and Financial Institutions Act, 1993 (51 of
/
1993), such Debt Recovery Tribunal shall have exclusive jurisdiction over such dispute, difference or claim and the same shall not be referred to arbitration under
0
Clause 27.12 above. 7
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1
The Borrower hereby expressly acknowledges and confirms that the Borrower has read, verified, understood, irrevocably agreed to and accepted all the terms and7
conditions contained in Clauses 1 to 27 (including sub clauses), the Schedule-cum-Key Fact Statement and all the contents of the Application (collectively, "Loan
Documents").
The Borrower confirms that the Borrower will be irrevocably and unconditionally signing, authenticating and delivering the Loan Documents by ticking the "I agree"
icon on the online system/NetBanking/Website of HDFC Bank as well as by entering the one time password (OTP) provided to the Borrower's registered mobile number
and that there is no requirement of any other signature or physical signature for the Loan Documents.
The Borrower also acknowledges that the Bank also does not require to sign the Loan Documents in any physical form and the mere disbursement of the Loan would
amount to an acceptance by the Bank for the purpose of this document. For the purpose of stamp duty, any writing on a stamp paper or franked page associating the
stamp paper or such franked page with this document will be as good as making the stamp paper/franked page an integral part of this document. The Bank may print
paper copies or produce in any such form at its discretion this document and my signing as aforesaid, and the same shall be fully binding on the Borrower and the
Borrower has no objection to such print-outs being produced by the Bank in evidence in any court, tribunal or otherwise, to prove the execution as well as the contents
of the contract.
Form No.:1070115339
LOAN SCHEDULE
SCHEDULE
Loan Agreement No. 1070115339 Place of Agreement
Agreement Date (DD/MM/YYYY) 17-Dec-2019 Borrowing Purpose (Personal / Personal
Commercial User)
Lending Office address
Borrowers Constitution Self Employed
AMIT KUMAR S/O KARTAR SINGH GUNIYALA DALHOUSIE T DALHOUSIE CHAMBA HIMACHAL PRADESH
Name & Address of the Borrower DALHOUSIE HIMACHAL PRADESH 176304
LOAN DETAILS
Loan Amount Rs.1449000/-
Installment Frequency Monthly Fixed Interest Rate (Customer - IRR) 8.60% per annum
Charges (Including Govt Taxes & Levies)
Processing Fee Amount (Non Refundable) : Rs. 1180/-
Cheque/ECS Swapping Charge: Rs.500/- per instance Cheque/SI/ECS Return Charges: Rs.550/- + Govt Taxes & Levies per instance.
Foreclosure Charges * Part-Payment Charges*:
No foreclosure allowed within 6 months from date of availing the car loan Part-payment is allowed subject to completion of 12 months (i.e., Post
6% of Principal Outstanding for preclosures within 1 year from 7th EMI payment of 12 EMIs)
5% of Principal Outstanding for preclosures within 13-24 months from 1st Part payment will be allowed twice only during loan tenure. Part payment is
EMI allowed only once a year. At any point of time, part payment will not increase
3% of Principal Outstanding for preclosures post 24 months from 1st EMI beyond 25% of Principal Outstanding.
5% on the part payment amount in case part prepayment is within 13-24
months from 1st EMI
3% on the part payment amount in case part prepayment is post 24 months
from 1st EMI
I have been clarified that the Customer Rate of Interest and Bank's Rate of Interest is the same.
I hereby undertake that any discount / subvention offered by the dealer / manufacturer / DSA would be upfront deducted from the Asset Cost and funding would be net of such
discount.
I explicitly understand that the Bank is not involved in any kind of discount / subvention negotiations with the dealer / manufacturer / DSA and the loan scheme does not factor
any such discounts in the interest rate computation.
I declare that the Invoice Price of Vehicle mentioned above is post deducting such discounts availed by me/ us from the dealer / manufacturer / DSA.
I authorize the Bank to disburse the payment in favour of ANAND AUTO CARE PVT LTD
I authorize the Bank to deduct processing fee, collateral charges and stamp charges as mentioned in the key fact sheet from the disbursement amount.
Form No.:1070115339
TO ALL TO WHOM THESE PRESENTS SHALL COME I, the undersigned ("Grantor/s" / "Borrower/s") confirm my details are set out in Schedule hereunder written.
The expression 'Grantor/s / "Borrower/s', unless it be repugnant to the context or meaning thereof, shall mean and include: in the event that the Grantor/s / 'Borrower/s is a
Company within the meaning of the Companies Act, 2013 or a Limited Liability Partnership, incorporated under the Limited Liability Partnership Act, 2008, its successors;
in the event that the Grantor/s / Borrower/s is a partnership firm for the purposes of the Indian Partnership Act, 1932, the partners for the time being and from time to time
and their respective legal heirs, executors and administrators; in the event that the Grantor/s / Borrower/s is a sole proprietorship, the sole proprietor and his/ her legal
heirs, administrators and executors; in the event that the Grantor/s / Borrower/s is a joint Hindu Undivided Family, the Karta and any or each of the adult members of the
HUF and their survivor(s) and his / her / their respective heirs, executors, administrators; in the event that the Grantor/s / Borrower/s is a Society, the members of the
governing body of the Society and any new members elected, appointed or co-opted thereon; in the event that the Grantor/s / 'Borrower/s is a Trust, the Trustee or
Trustees for the time being hereof and their respective heirs, executors, administrators and successors; in the event that the Borrower is an individual, his/her heirs,
administrators and executors.
WHEREAS:
1. HDFC BANK LIMITED. (hereinafter referred to as "the Bank" having one of its branches at the place mentioned in Schedule hereunder written (hereinafter referred to
as "the Lending Office") at the request of the Borrower as specified in an Agreement-cum-Guarantee, as mentioned in the Schedule hereunder ("the Agreement") has
granted / agreed to grant such amounts as mentioned in the Schedule hereunder ("the Loan") to the Borrower for acquiring the Asset more particularly described in the
Schedule hereunder written ("the said Asset").
2. Pursuant to the terms and conditions of the Agreement, the Borrower has agreed to hypothecate to and charge in favour of the Bank by way of first and exclusive
charge the said Asset more particularly described hereunder.
3. In consideration of the Bank sanctioning the Loan as per the terms and conditions of the Agreement, and to further assure and enable the Bank to carry out the terms
and conditions of the Agreement thereof l/ We do hereby execute an Irrevocable Power of Attorney in favour of the Bank to do the following acts and on behalf of me, the
Borrower.
NOW KNOWING ALL AND THESE PRESENTS WITNESS THAT I do hereby irrevocably nominate / constitute upon the Bank acting through any of its officers as my true and
lawful attorney for me on my behalf and at my cost and risk to do, execute and perform all or any of the following acts, deeds, matters and things that is to say:
1. To execute and complete in favour of the Bank or its nominee any documents which the Bank may require for perfecting its title to or for vesting the said Asset in the
Bank or its nominee or any purchaser thereof.
2. To disburse the loan amount for purchase of the said Asset directly to the dealer / seller and obtain a receipt for such payment from the dealer / seller.
3. To take inspection directly or to engage any Advocate, Chartered Accountant or registered trade practitioner for taking inspection of my Income tax return/s and
assessment proceedings, Appeal proceedings etc. relating to the current and previous Assessment years. This authority is being given to the Bank to enable the Bank to
verify the veracity of various representations made by me / us the undersigned, for seeking loan from the Bank.
4. To appear before the office of Registration Authority, Regional Transport Officer, Sales Tax Officer, Registrar of Companies and other authorities through Advocates or
any such authorised person deemed necessary by the Bank to effect endorsement of hypothecation in the registration certificate and transfer the Asset when necessary.
5. To obtain, receive, demand or collect any forms, certificates, registration books, booking order, insurance policies or other documents from any Registering Authority,
manufacturers of the said Asset and / or its dealers.
6. To take possession of the said Asset in case of default and for that purpose enter the premises where the said Asset is parked, as per terms of the Agreement.
7. To transfer, sell or dispose of the said Asset and to sign and execute all or any forms, declarations or instruments as may be necessary or expedient for giving effect
to the delivery of the said Asset to the purchaser thereof.
8. To appoint or engage any broker, dealer or auctioneer for effecting any such transfer, sale or disposition of the said Asset.
9. To sign, execute necessary forms, documents or to give notice to the appropriate Registering Authority for effecting transfer of the said Asset in favour of the
purchaser.
10. To receive the consideration of the sale, transfer, disposition or dealing of the said Asset and issue proper receipt or receipts to give a valid and effectual discharge
for such consideration.
11. To take delivery, actual possession or custody of the said Asset as and when demanded by the Bank.To appoint or engage any broker or other agent for taking
possession or effecting delivery of the said Asset.
12. To sign and deliver or otherwise perfect the hypothecation created or to be created on the said Asset and to do all such acts, deeds and things as may be required
for exercise of or any of the powers hereby conferred.
13. To sign and deliver the necessary forms that may be required to be filed or necessary with the Registering Authority or other authorities under the Motor Vehicles Act
or any other law for the time being in force to record the charge of hypothecation on the said Asset, created or to be created in favour of the Bank.
14. To pay any fees, charges, penalties, imposts, premiums, taxes or other impositions to any Registering Authority, insurance companies or other authorities for the
said Asset.
15. To act as a facilitator and make the premium payment to any insurance company and / or insure, renew such insurance at my / our costs, charges and expenses
which shall be reimbursed by me / us to the Bank.
16. To obtain, receive, demand or collect any forms, certificates, registration books, booking order, .insurance policies or other documents from any Registering
Authority, manufacturers of the said Asset or its dealers / sellers.
17. To cancel, annul or rescind booking of one or more of the said Asset and to get refund of any such booking amount from the manufacturer or its dealer by issuing
receipts as valid and effectual discharge for such refund.
18. To fill in and complete any cheque that may be lying now or hereafter with the Bank duly signed by me, or on our behalf with such amount, date and / or name of the
payee that may be deemed fit by the Bank.
19. To get requisite information from my employer as may be expedient to ascertain material particulars.
20. In case of default by me / us of the terms and conditions of the Agreement, to transfer, sell, give on hire, dispose of, give delivery of and otherwise howsoever deal
with the said Asset and to sign and execute all agreements, contracts, declaration forms, instruments and other writings whatsoever as may be necessary or expedient
in that behalf.
21. To give notice, if required to the appropriate Registering Authority and / or such other authority in law, for the registration of the said Asset upon the sale, transfer,
disposal, delivery thereof.
22. To delegate all, any or more than one of the powers, authorities and liberties herein vested and to appoint any substitute or substitutes to any one or more purpose
or purposes as the Bank shall from time to time desire in that behalf.
23. For the better doing, performing and executing all the matters and things aforesaid, l / We hereby further grant unto the said Bank full power and authority to
substitute and appoint in its place and stead on such terms as it may think fit one or more attorney/s to exercise for me / us as my / our attorney/s any or all the powers
and authorities hereby conferred, to revoke any such appointments and to substitute or appoint any other person/s in place of such attorney/s as the Bank may from time
to time think fit.
And generally to do, perform and execute, all acts, deeds, matters and things relating to or concerning or touching these presents as fully and effectually as if l were
personally and had been done, performed or executed the same myself.
This authority shall be binding upon me, the undersigned and my legal successors prior and post to the grant of the loan and shall be irrevocable during the tenure of the
loan and until all sums due and owing by me has been paid to the Bank.
And l / We hereby agree to ratify and confirm all and whatsoever the Bank shall do or cause to be done in or about the premises by virtue of these presents.
IN WITNESS WHEREOF I hereunto set my / our hands at the place and date mentioned in the Schedule hereunder written.
SCHEDULE
Name/s and address of Grantor/s / Borrower/s AMIT KUMAR DALHOUSIE
Address of Branch of HDFC Bank (Lending Office)
Date of Agreement 17/12/2019
Loan amount Rs. 1449000/-
Details of Asset INNOVA CRYSTA GX
ACCEPTED AND DELIVERED by the said above named Borrower
Form No.:1070115339
To,
The Branch Manager,
HDFC BANK Limited,
I have taken a New Car Loan loan from HDFC Bank and would like to avail of the Standing Instruction facility offered by your bank to make repayments
towards my loan.
I, therefore, request you to accept this mandate to debit my HDFC Bank Account Number 50100163686821
towards recovery of repayment dues of my loan account as per due dates & terms and conditions mentioned in the loan agreement schedule or as per revised
instructions basis requirements as communicated from my end in line with the Bank's policy.
I undertake to maintain sufficient balances to cover the Loan Repayment Dues (and charges, if any) on the stipulated due dates. I also understand that the failure to repay
my loan amount through this standing instruction shall be treated as a default in repayment of dues and all charges / penalties / levies as covered by the agreement will
hold good towards the non payment of obligations.
Please treat this as an irrevocable communication as an authorization to debit my account every month with the required amounts towards the repayment of my loan.
In the event of the above account getting closed/transferred for any reason, I / We will intimate to the Bank the new account opened with the bank to debit the Loan
Repayment amounts as per the agreement. Further, I /We undertake the responsibility to provide the fresh set of Mandate and security PDCs for such new account, as
per terms of the agreement in lieu of existing instructions.
I also understand and accept that the Bank will have the right to set-off, without prior intimation to me, the available balances in the designated account for recovery of
overdue installments and/or charges (if any) in the loan account.
Thanking you,
Yours truly,