Agreement 4
Agreement 4
Agreement 4
1528, EM3, Bengal Intelligent Eco, Salt Lake, Sector- V, Kolkata 700091, India
CIN: U23209WB1994PTC063940 , RBI registration No: B. 05.05070
Loan Agreement
Date : 26/12/2021 Ref : TBLV05-11226-9513480
(Loan ID : 9513480)
KARTHIKEYAN SELVARAJ,
NO 318, THANGAIPUDHUR, MUTHUGOUNDAN PALAYAM,
Nandavanampalayam, Nandavanampalayam, Tiruppur, Erode,
TN, 638702, India
This letter is made in reference to your loan application number TBLV05-11226-9513480 dated 26/12/2021.
We are pleased to inform you that your loan is disbursed based on the following terms and conditions:
1. Loan disbursement will be made to bank account provided with the loan application.
2. This sanction can be revoked and/ or cancelled on the sole discretion of the Lender.
3. Your Repayment schedule shall be depending upon the actual date of disbursement of Loan. You are advised
to refer Loan Agreement for the same.
4. Platform fee is charged by the True Credits
5. Daily 0.3% Penal interest will be charged in case of repayment overdue on the principal due amount from the
date of default.
6. You can make the pre-payment of Installment or foreclose the loan without any penalty/foreclosure charges.
However, interest will be charged for the entire period of loan in both the situation.
7. Interest rate will be charged on flat basis.
8. You shall be required to bear and pay applicable stamp duty, charges levied by Central Registry of
Securitization Asset Reconstruction and Security Interest of India (CERSAI) and all other statutory /
regulatory charges / taxes that are presently applicable and as may be made applicable from time to time.
Such charges shall be non-refundable.
9. Mamta Projects Private Limited offers different interest rate based on loan amount, tenor, down payment,
payment history with True Credits, credit score provided by credit information companies, borrower's age,
income, type of documents provided by the applicant and any other information as may be required for the
purpose of credit evaluation.
10. You understand and acknowledge that this loan has been granted with clear understanding that you hereby
waive all rights including without limitation, immunity in respect of any repayment of loan by way of
injunction or moratorium available to the you in the capacity of borrower.
Mamta Projects Private Limited,
1528, EM3, Bengal Intelligent Eco, Salt Lake, Sector- V, Kolkata 700091, India
CIN: U23209WB1994PTC063940 , RBI registration No: B. 05.05070
11. You understand and acknowledge that the language of this Sanction letter is known to you and that you have
read and understood the features of the loan product and the terms and conditions mentioned herein and
contained in any other loan documents and shall abide by them including any amendment thereto, with free
will and volition.
12. You understand and acknowledge the cost and charges associated with the loan and that once the
disbursement is made in your bank account your loan cannot be withdrawn and reverted.
13. In case of any query /complaint you can contact through our helpline number 0120-4001028 and email
cs@truecredits.in and if query does not resolve on the stipulated time, then you can further approach the
Grievance Redressal Officer as per redressal policy available on the company’s website. Or you can directly
contact to Mamta projects on Statutory.compliance@arthmate.com
14. Please refer “Loan Application- Terms and Conditions” and “Terms and Conditions for obtaining loans from
Mamta Projects Private Limited” for terms and conditions applicable to this loan, a copy of which has been
provided to you and is also available at website of Mamta Projects i.e. www.arthmate.com
106.197.45.4 26/12/2021T13:01:15
TERMS AND CONDITIONS FOR OBTAINING LOANS FROM MAMTA PROJECTS PRIVATE
LIMITED
Mamta Projects PRIVATE LIMITED, a private company limited by shares incorporated under the provisions of
the Companies Act, 2013, as amended from time to time, which is duly registered NBFC with Reserve Bank of
India (RBI) (hereinafter referred as “MMPL”) may grant the Loan (as defined herein below) only after approval of
the prescribed Loan Application submitted by the Borrower to MMPL. MMPL reserves its right to refuse or reject
any Loan Application notwithstanding the applicants satisfying the Eligibility Criteria (as defined herein below), if
any, set by MMPL for the approval of the Loan. The Borrower, who intends to obtain a Loan from MMPL either
once or multiple times, agrees and abides by these terms and conditions as amended from time to time (hereinafter
referred to as “T&C”). The Borrower further agrees to execute such necessary documents or provide such
necessary consent (either orally or in writing), as may be deemed necessary by MMPL to give effect to the terms of
this T&C. This T&C as agreed by the Borrower shall be applicable and binding on the Borrower in respect of any
and all kinds of Loans approved/ disbursed by MMPL in favour of the Borrower as amended from time to time
under this T&C.
1.1.11.“Eligibility Criteria” means the minimum eligibility criteria set forth by MMPL to judge the credit
worthiness of the Borrower, which is subject to change from time to time at the sole and absolute
discretion of MMPL.
1.1.12.“Interest Amount” means the amount paid/to be paid by the Borrower to MMPL over and above
the Loan amount excluding the amount paid as the penalty, fees, or any service charges/ fees of
whatever nature under this T&C.
1.1.13.“Loan” refers to the amount of loan approved by MMPL from time to time as stated in the Loan
Documents on which interest is charged to the Borrower.
1.1.14.“Loan Application” means the application submitted by the Borrower to MMPL for applying for,
and availing of, the Loan, together with all other information, particulars, clarifications and
declarations, if any, furnished by the Borrower in connection with the Loan.
1.1.15.“Sanction Letter” means the terms of the Loan issued or communicated by way of any of the
Contact Options by MMPL to the Borrower confirming the grant of the Loan to the Borrower
subject to the terms and conditions contained in this T&C, the Sanction Letter and other applicable
Loan Documents.
1.1.16.“Mandate” means the instructions given by the Borrower to debit his/her bank account to make the
payment to MMPL through Automated Fund Transfer for all the Loans availed by the Borrower
from MMPL from time to time.
1.1.17.“Outstanding Balance” in respect of each Loan obtained by the Borrower means the balance of the
respective Loan outstanding along with all amounts payable by the Borrower to MMPL including
principal amount, interest, fees, costs, charges, expenses etc.
1.1.18.“Person” shall include any individual, Hindu Undivided Family (HUF), partnership firm, company,
body corporate, association, society or any other legally recognized entity. The term “he, him
and himself in this agreement includes she, her and herself when the borrower is a woman
1.1.19. “Processing Fee” means the non-refundable fees charged to the Borrower as stated in the Loan
Documents for processing the Loan Application of the Borrower that shall be paid by the Borrower
at the time of disbursal of Loan.
1.1.20.“Product” means the product which is sought to be purchased by the Borrower and/or sought to be
financed by MMPL.
1.1.21.“TCPL” means True Credits Private Limited, which is duly registered NBFC with Reserve Bank of
India (RBI) acting as service provider to MMPL in relation to Loan.
2. LOAN AMOUNT
2.1. MMPL shall provide the Loan to the Borrower strictly in accordance with this T&C and other terms &
conditions mentioned in other Documents executed by and/ or agreed upon by the Borrower. The amount
of the Loan shall be mentioned in the Loan Document provided to the Borrower in case of each
approved Loan.
2.2. The Borrower hereby confirms and agrees that MMPL may disburse the whole amount of the Loan or
any part thereof, either in one lump sum or in such instalments as may be decided by MMPL.
2.3. MMPL reserves the right to, and at its discretion shall be free to, recall the entire Loan and all monies
due and payable by the Borrower in respect of the Loan including Interest Amount, fees, penalties etc., if
any information supplied by the Borrower is found to be incorrect or false or if the Borrower commits
any default under this T&C and/ or the other Loan Document (including the Sanction Letter) executed by
and/ or agreed upon by the Borrower.
3. RATE OF INTEREST
3.1. The annual rate of interest as applicable to each Loan obtained by the Borrower from time to time shall
be communicated to the Borrower before the approval of such Loan(s) by MMPL either orally or in
writing. The Interest Amount on the Loan has been/ shall be calculated at flat rate basis (i.e. Flat Interest
Rate) and such Flat Interest Rate shall remain fixed during the period of Loan. The Flat Interest Rate as
well as the Interest Amount applicable to each such Loan shall be expressly stated in the Loan
Documents of such Loan.
3.2. The Borrower confirms that he has reviewed and understood the internal guiding principles and interest
rate model of MMPL as available on the website of MMPL (www.arthmate.com) for the purpose of
determining and calculating rate of interest.
Mamta Projects Private Limited,
1528, EM3, Bengal Intelligent Eco, Salt Lake, Sector- V, Kolkata 700091, India
CIN: U23209WB1994PTC063940 , RBI registration No: B. 05.05070
3.3. The Borrower understands that the Interest Amount is charged on the amount of the Loan as stated in
Loan Document and is likely to vary for different Borrowers and/ or for different loans based on factors
like cost of borrowed funds, cost of disbursements, market conditions, Applicable Laws, default risk,
period of loan, purpose, advance paid by the Borrower and financial position disclosed by Borrower
while submitting the Loan Application. The Borrower undertakes that he has agreed to pay the Interest
Amount on the respective Loan(s) after considering such fact and shall not dispute the same in future.
3.4. Interest Amount in respect of each Loan will start accruing in favour of MMPL on and from the
respective Effective Date until the repayment of the Loan and all monies due and payable by the
Borrower in respect of the Loan, including Interest Amount, fees, penalties etc., in full to the satisfaction
of MMPL. In case the Interest Amount, if charged for the period commencing from the Effective Date
until the actual disbursal of the Loan, shall be adjusted in the last Instalment of such Loan.
3.5. Interest Amount shall be computed on the basis of a year comprising of three hundred and sixty days.
4. LOAN REPAYMENT
4.1. The Borrower undertakes to repay the amount of respective Loan(s) together with the Interest Amount in
specified number of instalments of the equal amount throughout the tenure of each such Loan
(hereinafter referred to as “Instalments”), if stated in the Loan Agreement not later than the respective
Due Dates. The amount of EMI shall be calculated by MMPL on the basis of Flat Interest Rate, the
amount of the Loan and tenure of the Loan and is rounded off to the next one rupee. The amount of
Instalment shall be expressly communicated to the Borrower and the Borrower has agreed to the same
after fully understanding the method of computation of the Instalment and the number of Instalment
payable on the Loan (including Advance Instalment, if any, as specified in the Loan Document).
4.2. The Borrower may pay in advance such number of Instalments as agreed with MMPL and specifically
mentioned in the Loan Agreement under any particular Loan (referred as “Advance Instalments” in this
T&C). MMPL shall adjust the Advance Instalments, if any paid by the Borrower, towards any
Outstanding Balance in such manner and at such time as specifically described in the Loan Document.
4.3. The Borrower shall continue to pay the Instalments not later than on the respective Due Dates for each
such Loan regardless of whether the purpose for which the Loan is obtained could not be achieved and/
or any other circumstance whatsoever, or the Product purchased with the Loan is defective, returned, lost,
damaged, under repair or not working or not delivered or the purchase contract with the dealer is
terminated for any reason whatsoever.
4.4. Where any tax or other amount, including the interest thereon, is paid by MMPL on behalf of the
Borrower either to any government/tax or other public authority, or to the dealer, or to any other Person
concerned, whether relating to the Product or the Loan granted to the Borrower or pursuant to any legal
proceedings, at any time before, or after, or during the Loan is in existence, the Borrower undertakes to
reimburse the same to MMPL along with interest thereon as set forth by the applicable law, or under an
arrangement with the dealer, as the case may be immediately on demand and in the manner specified by
MMPL.
4.5. The Borrower agrees to pay the Instalment, penalties, fees and other sums due and payable by the
Borrower to MMPL by any of the following modes as approved by MMPL considering the information
provided by the Borrower:
4.5.1. Automated Fund Transfer
4.5.2. Alternate Payment Channel as indicated on the website of MMPL
4.5.3. Any other mode as may be approved by MMPL in writing from time to time and informed through
Contact Options.
4.6. MMPL may, at its sole discretion, change the mode of payment adopted by the Borrower and require the
Borrower to make the payment as per the changed mode:
4.6.1. upon the request received from the Borrower and/ or as agreed with the Borrower, or
4.6.2. in the event of default in repayment of the Loan or any part of the Outstanding Balance by the
Borrower, or
4.6.3. in case Mandate provided by the Borrower is found to be invalid or incomplete.
4.7. Where the payment by the Borrower is made through Automated Fund Transfer, the Borrower assures
that
4.7.1. The Borrower shall maintain sufficient balance in the bank account from which the payment shall
be made.
Mamta Projects Private Limited,
1528, EM3, Bengal Intelligent Eco, Salt Lake, Sector- V, Kolkata 700091, India
CIN: U23209WB1994PTC063940 , RBI registration No: B. 05.05070
4.7.2. The Borrower shall neither close the bank account nor give any direction to his bank to stop the
payment to MMPL without prior written consent of MMPL. The Borrower shall be liable to solely
bear and pay bounce fee/dishonour charges and late payment charges imposed by MMPL without
any protest.
4.7.3. Mandate shall not be withdrawn or cancelled by the Borrower without prior written notice of at
least 30 (thirty) days to MMPL. In the event the Mandate is withdrawn or cancelled by the
Borrower upon prior notice to TCPL and the same is approved by MMPL, the Borrower
unconditionally agrees to ensure the payment through other channels and deliver to MMPL all
documents proving sufficiently such change or issue new Mandate with immediate effect.
4.7.4. Mandate given to MMPL shall remain valid until the complete repayment of the Loan together with
all Interest Amount, charges, penalties or any other amount due to MMPL.
4.7.5. The Borrower shall immediately issue fresh Mandate when the Loan has been restructured, or the
Mandate is incorrect/ lost/ misplaced, or any other circumstances have arisen that necessitate
modification or change in the existing Mandate. Until then the Borrower shall continue to make
payments through Alternate Payment Channels.
4.7.6. In the event of dishonour of transaction initiated through such Mandate, the Borrower hereby
authorises MMPL to present the Mandate again with the bank of the Borrower for clearance/
payment any time at the sole discretion of MMPL without any prior intimation to Borrower.
4.7.7. MMPL is hereby authorised to debit the bank account of the Borrower one business day before the
respective Due Date(s) in the event such Due Date(s) falls on a bank holiday.
4.8. Where the Borrower agrees to make the payment through Alternate Payment Channel or any other mode
approved by MMPL, the Borrower undertakes that
4.8.1. Such payment shall be made only to the TCPL or Person or agency duly authorised in writing by
MMPL.
4.8.2. Any fee/ cost charged by TCPL or such Persons or agencies authorised by MMPL for receiving any
amount payable by the Borrower under this Agreement shall be solely borne by the Borrower.
4.9. MMPL or its agents/service providers shall not be held responsible for delay or failure in payment of
Instalments caused due to the loss or damage of the Mandate or due to any default of the collecting/
processing bank, or for any failure occurred in accepting and/ or crediting such payment in favour of
MMPL due to any discrepancy or non-functioning of the outlets/ kiosks of such Person / agency and the
Borrower shall be liable to solely bear and pay late payment charges, as applicable, imposed by MMPL.
The Borrower understands and agrees that any such delay, non-performance, or default shall not affect
the liability of the Borrower to repay the Loan along with the Interest Amount, fees and other charges.
The Borrower shall be solely responsible to ensure that respective Instalments are remitted to MMPL in
time without any delay or default.
4.10. Notwithstanding anything contained under this T&C and/ or the other Loan Documents (including the
Sanction Letter) executed by and/ or agreed upon by the Borrower, MMPL shall have the right to
increase the number of Instalments and/ or alter and/ or reschedule the Instalments and their amounts,
resulting whether because of (i) change in stamp duty, or any levy of any direct/indirect tax duties, cesses
or other charges by any government authority, or (ii) at the request of the Borrower received in writing.
MMPL shall have the absolute right to decide the manner and the extent of such increase/ alteration/ re-
scheduling with prospective effect or, if decided so by the government authority in the respective change,
with retrospective effect. The Borrower expressly confirms to issue fresh Mandate, or make the payment
through Alternate Payment Channel or any other mode approved by MMPL, based upon such increase
/alteration/rescheduling and, where such Instalments have been increased/ altered/ rescheduled at the
request of the Borrower, to pay any applicable charges/ fees as communicated to the Borrower or
indicated on website of MMPL.
4.11. Unless otherwise decided by MMPL at its sole discretion, any amount paid, or prepaid, by the Borrower,
either as Instalment or otherwise, shall be adjusted first towards the penalties and charges, if any due and
payable by the Borrower, then towards the overdue Instalment(s) and then towards balance of the Interest
Amount and the Loan principal respectively.
Mamta Projects Private Limited,
1528, EM3, Bengal Intelligent Eco, Salt Lake, Sector- V, Kolkata 700091, India
CIN: U23209WB1994PTC063940 , RBI registration No: B. 05.05070
4.12. The Borrower represents and undertakes to MMPL that the Borrower shall be solely and absolutely
liable for the repayment of the Outstanding Balance in respect of each Loan from time to time and he
would repay/ pay the same without any requirement of any notice, demand or intimation by MMPL and
the Borrower further undertakes and confirms that he/she shall not withhold or be entitled to withhold the
payments demanded by MMPL and/or payment of any Instalment and/or any other amount payable
under the present T&C by the Borrower to MMPL, on any ground/dispute whatsoever, including but not
limited to the existence of any dispute including any dispute relating to computation of Interest and/or
Instalment.
8. USE OF TELEPHONE, ONLINE, SMS, MOBILE APPLICATIONS AND OTHER OPTIONS FOR LOAN
(S) AND OTHER SERVICES
8.1. This T&C also governs the use of any telephone (either through human interface or AVR), fax, e-mail,
short messaging service (sms), mobile applications, online customer portal and/ or other options as made
available by MMPL to its Borrowers from time to time for availing Loans(s)/ services from MMPL
(hereinafter all such options are referred as “Contact Options”) and any consent provided, or agreement
entered into, by the Borrower (including but not limited to the consent to the Sanction Letter and this
T&C) by the use of any such Contact Options shall be valid and binding on the Borrower. MMPL may,
at its sole discretion, allow the Borrower to apply for and/ or obtain Loan(s) or avail various other
services/ facilities from MMPL from time to time over any of the aforesaid Contact Options. All such
applications, or requests of the Borrower (including applications for Loan, acceptance of terms &
conditions for Loan(s) and order for services) to MMPL through any of the aforesaid Contact Options
shall be valid and binding upon the Borrower and shall constitute a valid and binding contract between
MMPL and the Borrower if the same is also approved by MMPL. The Borrower authorizes TCPL to
accept all the instructions/ applications/ requests made by Borrower through any of such Contact Options
opted by the Borrower for the purposes of considering, granting, approving, or disbursing the Loan(s) by
MMPL, as the case may be, as per the terms and conditions of this T&C. Further, the Borrower agrees
and confirms that all Loan Documents (including but not limited to the Sanction Letter, the loan
agreement with the enclosures in respect of the Loan) sent by MMPL to the Borrower over any of the
Contact Options shall be valid and binding on the Borrower.
8.2. By referring to or using any of the Contact Options, the Borrower confirms that the Borrower is doing
such act for using the service for the purpose it is meant and no other malicious intent. The Borrower
agrees that the phone number, e-mail address and other details provided by the Borrower, either in the
Loan Application or otherwise, for availing Contact Options or for any call-back is owned by and belong
to the Borrower only. The Borrower further confirms that the Sanction Letter, or other Loan Document,
or any information pertaining to the Loan of the Borrower, shall be deemed to be received by the
Borrower if sent by MMPL to the address of the Borrower in physical form (through courier, post, or by
hand) or if sent at the e-mail address, mobile number, online customer portal, fax number or other
contacts as provided by the Borrower to MMPL.
8.3. The Borrower understands and agrees that accepting instructions, or approving the Loan, through any of
the Contact Options shall at all times be subject to the sole discretion of MMPL and that MMPL may, at
its sole discretion, refuse to act based on such instructions. The Borrower acknowledges that the range of
services/ Loan(s) provided over the Contact Options may change from time to time. The Borrower agrees
that TCPL may add or discontinue anytime all or any of the Contact Options for granting Loan(s) and
other related services by sending notice/ communication to the Borrower through e-mail/ sms/ phone call/
online customer portal or communicate it through its website. The Borrower confirms that MMPL has the
absolute right to make changes in the terms and conditions for availing all or any of the Contact Options.
Borrower’s use of these Contact Options or related services after the effective date of the change/
amendment of the terms and conditions of the Contact Options will constitute Borrower’s acceptance of
and agreement to such change(s).
8.4. The Borrower agrees that, in the case of telephone communications (including AVR, sms, mobile
applications etc.) or online customer portal, as the case may be, MMPL may require the Borrower to use/
enter a password allotted by MMPL to such Borrower or may ask the Borrower questions about himself
/herself and about particulars of the Borrower’s account(s) including a personal identification number in
order to verify the Borrower’s identity and/ or may require a call-back procedure, all as deemed
appropriate by MMPL. The Borrower is obliged to keep any password and any identification number
designated by or provided to him/her hereunder as confidential, and he/she shall be responsible for any
consequence that may arise from the use of such password by any other Person. MMPL shall not be
liable in any manner for access to the account of the Borrower by use of the user password by any Person
whomsoever. The Borrower irrevocably and unconditionally consents to MMPL and TCPL recording of
all the Borrower’s electronic communication (e.g. telephone calls, electronic mail, sms, mobile
application or other) and storage of electronic media by MMPL or TCPL and accepts such recordings and
electronic media as evidence with regard to acceptance of all the terms of the Loan(s) including, but not
limited to, the grant of the Loan, levy of any fee/ charges, Interest Amount over each such Loan(s), rate
of Interest applicable on each such Loan, period for each such Loan borrowed by Borrower and the
number/ amount of Monthly Instalment Borrower has to pay to MMPL for each such Loan). The
Borrower further accepts that such record may be used by MMPL as evidence in a court of law or any
legal proceeding.
Mamta Projects Private Limited,
1528, EM3, Bengal Intelligent Eco, Salt Lake, Sector- V, Kolkata 700091, India
CIN: U23209WB1994PTC063940 , RBI registration No: B. 05.05070
8.5. It is also understood and agreed to by the Borrower that only the Borrower shall communicate
instructions over the Contact Options. MMPL or TCPL does not have to accept telephone/ mobile/ sms/e-
mail instructions by a nominee of the Borrower, and the Borrower will not allow anyone other than the
Borrower to make telephone/ mobile/ sms/e-mail/ online customer portal instructions on his/her behalf.
8.6. The Borrower confirms that he/she is fully aware of and consents to the risks associated with transmitting
instructions for obtaining Loan(s)/ funds transfer via Contact Options. The Borrowers agrees that
confirmation of the Borrower’s identity, by the Borrower’s submission of the personal details required by
MMPL, will be sufficient evidence for MMPL to identify the Borrower and to act upon the Borrower’s
instructions. The Borrower authorizes MMPL and directs MMPL to act upon instructions for funds
transfer given via such Contact Options purportedly issued by, believed by MMPL to be issued by or
originated from the Borrower as identified in the Loan Application or related Documents.
8.7. The Borrower agrees that MMPL’s records (be they electronic, written or otherwise) pertaining to each
of the Loan obtained from MMPL will be final and binding and that the Borrower shall not deny the
validity of the transactions made in relation to the Loan(s).
8.8. Before using any of the Contact Options, the Borrower is required to read and electronically agree to
(“sign”) related terms and conditions and/or disclosures.
8.9. MMPL or TCPL may allot a user password for the Borrower and the Borrower agrees as follows:
8.9.1. The user password may be communicated to the Borrower in such manner as may be deemed fit by
MMPL or TCPL at the risk of the Borrower.
8.9.2. The Borrower shall not disclose the user password to any Person and shall further prevent discovery
of the same by any Person.
8.9.3. MMPL or TCPL, may at its discretion allow the Borrower at any time to access the details of the
Loan and verify the statements and position based on the user password issued.
8.9.4. In case of loss, theft and disclosure of the user password, the Borrower shall communicate the same
to MMPL or TCPL and in any event not later than 48 hours.
10.1.1. Any misrepresentation made, or wrong information provided, by the Borrower to MMPL either
orally or in writing in any of the Documents provided to MMPL or Borrower fails to furnish any
information required by MMPL under the Documents; or
10.1.2. If the Loan is, directly or indirectly utilized for any illegal, anti-social or speculative purpose, or
for any purpose not permitted by the concerned government authority; or
10.1.3. If the Borrower fails to comply with any of the covenants mentioned in this T&C or any other
Document or as may be agreed upon with MMPL from time to time, or any representation and/or
warranty of the Borrower proves to be illegal, invalid, misleading or untrue, or
10.1.4. If the Borrower takes any steps, or any steps are taken with a view to the appointment of a
receiver, trustee or similar officer of any of his/her assets; or the Borrower commits an act of
insolvency or makes an application for declaring himself/herself an insolvent or an insolvency
notice is served on the Borrower, or an order is passed against the Borrower declaring him/her an
insolvent/ insane; or
10.1.5. If the Borrower is prosecuted in respect of any offence; or
10.1.6. If the Borrower fails to pay the Instalment, Interest Amount, penal charges, or any other amount or
any part thereof due to MMPL on the respective Due Dates as required under this T&C or under
any other agreement/ arrangement for Loan taken from MMPL; or
10.1.7. If any security created for the Loan becomes infructuous or is challenged by the Borrower or any
other Person, or
10.1.8. If any other event has occurred which in the opinion of MMPL jeopardizes its interest and would
make it difficult for MMPL to recover the Outstanding Balance.
11.1.7. MMPL shall be entitled to exercise by itself or through TCPL such other rights as may be
available to it under this T&C and/ or the other Loan Documents (including the Sanction Letter)
executed by and/ or agreed upon by the Borrower and/ or under Applicable Law.
11.2. MMPL may, apart from exercising all or any of the aforesaid rights in case of default(s) caused by the
Borrower, enforce following rights with respect to any Security/ hypothecation created in favour of
MMPL –
11.2.1. To send the notice in writing to the Borrower informing about such default and/ or calling upon
the Borrower to make payments of all the dues in respect of the Loan and, if the Borrower fails to
comply with such notice, MMPL shall have right to take possession of the Security if the dues
remain unpaid within seven days from the date of such notice.
11.2.2. In case TCPL has justifiable reason to believe that the Borrower has transferred the ownership or
possession of the Security, or intends to transfer the ownership/ possession, or dispose of the
Security in any manner without valid written approval from MMPL, or either the Borrower or the
Product is not traceable, MMPL shall have the liberty to waive off the notice period before taking
possession of the Security as mentioned in the preceding clause at its sole discretion.
11.2.3. If Borrower fails to comply with the demand of MMPL to hand over the secured Product to the
representative of MMPL, MMPL shall have right as per the Applicable Law to enter into any
place or premises where such Security is situated or kept or stored, and for the purpose of such
entry, to do all acts, deeds or things as are deemed necessary by MMPL or its representatives and
to take charge and/or to seize, recover, receive and/or take possession of all or any of the Security.
11.2.4. Upon taking possession of the Security, MMPL may call upon the Borrower to repay and close the
entire Loan amount with Interest Amount and all applicable charges, fees, costs and penalties as
per the Loan Document, including expenses incurred for taking and/ or storing the possession of
the Security (i.e. yard charges) before the sale/auction of the Security within the time specified by
MMPL in such notice and if the Borrower honours and makes the payment of the entire Loan
amount with Interest Amount, fees, penalties, costs and other applicable charges in accordance
with such notice, MMPL shall handover the subject of the Security to the Borrower provided this
does not bar MMPL rights to take such similar action for any future defaults made by the
Borrower.
11.2.5. In case the Borrower fails to comply with such requisitions and demand made by MMPL as
mentioned in this Clause 11, MMPL shall be at liberty to forthwith or at any time, either by public
auction or tender or private contract, to sell and dispose off all or any part of the Security to any
third party in such manner as MMPL shall think fit without any further notice or intimation to the
Borrower. After selling/ disposing off the said Security, if the sale proceeds thereof is less than the
total Outstanding Balance as on the date of such sale/ disposal, the Borrower shall be liable to pay
such shortfall to MMPL within the time period specified by MMPL. If Borrower fails to pay the
Outstanding Balance amount within the given time period, MMPL would be duly entitled to
recover the Outstanding Balance amount along with Interest Amount and other charges from the
Borrower as per law. It is hereby clarified that MMPL would also be duly entitled to initiate
proceedings for recovery of the Outstanding Balance on the Loan even without first repossessing
the Product. The Borrower undertakes and confirms that Security repossessed by MMPL shall be
sold by MMPL on behalf of the Borrower and the transfer of ownership in the Security would be
directly from the Borrower to the new buyer. Any liability on account of value added tax, GST,
sales tax, or any other tax/ duty levied or imposed on such sale and paid by MMPL shall be
recovered by MMPL from Borrower either from the sale proceeds of the Security or in any other
manner whatsoever.
11.3. In case the Borrower commits default in the repayment of any sum owing under any such Loan
(including the payment of interest thereon) on the Due Date(s), MMPL and/or the Reserve Bank of
India will have an unqualified right to disclose or publish the information and data relating to the
Borrower and/or the Loan availed by the Borrower and/ or the default committed by the Borrower to
other banks, financial institutions, the Credit Information Companies or any other authorised agency in
such manner and through such medium as MMPL or Reserve Bank of India in their absolute discretion
may think fit in accordance with the Applicable Law and the Borrower agrees and gives consent for the
disclosure, processing, or use of such information/ data by MMPL/ Reserve Bank of India/ Credit
Information Companies.
Mamta Projects Private Limited,
1528, EM3, Bengal Intelligent Eco, Salt Lake, Sector- V, Kolkata 700091, India
CIN: U23209WB1994PTC063940 , RBI registration No: B. 05.05070
11.4. MMPL or its officers, agents or service provider or nominees shall not be in any way responsible for
any loss, damage, limitation, or depreciation that the Borrower and/ or Security (if created) may suffer
or sustain on any account whatsoever in respect of Loan or whilst the Security is in the possession of
MMPL, its officers, agents or service provider or nominees or because of exercise or non-exercise of
the rights, powers, or remedies available to the MMPL 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. Neither MMPL nor its agents, officers or nominees shall be in any way responsible
and liable and the Borrower hereby agrees not to make MMPL or its officers, agents or service
providers or any nominees liable for any loss, damage, limitation or otherwise for any belongings and
articles that may be kept or lying in the Security at the time of taking charge and/or possession, or
seizure of the Security.
12. NOTICE
12.1. The Borrower agrees and confirms that where any document, notice, intimation, information,
communication and/ or demand is required to be provided/ made by MMPL or TCPL to the Borrower
under this T&C and/ or the other Documents and/ or Applicable Law, such document, notice,
intimation, information, communication and/ or demand shall be deemed to have been provided/ made
and shall be binding of the Borrower if the same is rendered or made available by MMPL or TCPL by
using any of the Contact Options.
12.2. Any such notice by MMPL or TCPL will be deemed to be effective if sent by personal delivery, when
delivered, if sent by post, two days after being deposited in the post and if sent by courier, two days
after being deposited with the courier and if sent by e-mail/ sms/ fax or posted on online customer
portal, immediately upon the same being sent by MMPL or TCPL.
12.3. Without prejudice, MMPL or TCPL may also send any notice to the Borrower on any additional address
(s), which come to its knowledge. In case MMPL or TCPL intimates its change of address to the
Borrower, the Borrower shall also send the notice to that address also. Any notice by Borrower shall be
sent either by personal delivery, or by registered post, and shall be deemed to be delivered only when it
is actually received by MMPL or TCPL.
14. DECLARATIONS BY THE BORROWER-The Borrower makes the following representations and warranties
to TCPL as of the date of this T&C and such representations and warranties shall be repeated on each day until
the repayment of the entire Outstanding Balance in full to the satisfaction of MMPL:
14.1. That this T&C and all Documents, hereunder as required, will be valid and binding obligations of the
Borrower and enforceable in accordance with their respective terms until MMPL has issued a certificate
in writing to the Borrower stating that Borrower has discharged all his/ her liabilities towards MMPL
under all the Loans to the satisfaction of MMPL.
14.2. That the Borrower does not violate any covenants, conditions and stipulations under any existing
agreement entered into by the Borrower with any third party by availing the Loan from MMPL.
14.3. The Borrower hereby declares that all the information provided by the Borrower, either verbally or in
writing or by way of any of the Contact Options, and documents submitted before or at the time of
submitting Loan Application, or before or at the time of execution of this T&C are true, genuine and
correct and the Borrower further assures that any information demanded by MMPL in the future shall
be immediately provided by the Borrower with complete accuracy.
14.4. The Borrower hereby confirms that the Borrower shall not have any right to terminate this T&C until
the whole of the Outstanding Balance is repaid in the manner directed by MMPL.
14.5. The Borrower hereby consents that MMPL and/ or his/her authorised representative may communicate
with the Borrower either by phone calls, SMS, electronic mails or through any other mode of
communication available for the purpose of discussing the current status of his/her Loan(s) or reminder/
collection of any dues in respect of any Loan or for any matter related to the Loan(s) and such phone
calls, SMS, etc., shall not be covered under the purview of “Do Not Disturb” policy of the Telecom
Regulatory Authority of India (TRAI). For this purpose, Borrower hereby grants permission to MMPL
to contact him/her any time between 0900 hours to 2100 hours from Monday to Sunday. The Borrower
may inform MMPL if some other time is convenient for the Borrower by calling the customer care
department of MMPL.
14.6. The Borrower agrees, consents and permits MMPL to disclose to the Borrower’s family members (i.e.
parents, spouse, children, sisters and brothers) or other Persons whose details have been provided by the
Borrower either in Loan Application Form or otherwise from time to time, all necessary or relevant
particulars/information relating to the Borrower and the Loan for any legal purpose required by MMPL.
14.7. The Borrower undertakes to pay each of the Monthly Instalments on or before the respective Due Dates
without any default.
14.8. The Borrower undertakes to inform MMPL and TCPL within 07 days of any change in his/her
residential address, employment, telephone numbers, or change in any of the details provided to MMPL
in writing or by using any Contact Options as made available by MMPL and TCPL.
14.9. The Borrower confirms that there is no action, suit, proceedings or investigation pending or, to the
knowledge of the Borrower, is threatened, by or against the Borrower before any Court of Law or any
government authority which might have a material adverse effect on the financial and other affairs of
the Borrower or which might put into question the validity or performance of this T&C.
14.10. The Borrower shall intimate MMPL promptly of any dispute which might arise between the Borrower
and any Person or any government authority thereby affecting the ability of the Borrower to repay the
Loan in the manner stipulated hereunder.
15.3. MMPL shall have the absolute discretion to opt and exercise all or any of the aforesaid rights available
to MMPL, however, where MMPL chooses to exercise one right over the other, MMPL shall not be
deemed to have waived off the option of exercising that other right in future.
15.4. The Borrower agrees to comply with all Applicable Laws from time to time in force including any
amendments, modification or change thereof which may be attracted and the Borrower shall indemnify
MMPL in respect of any loss, claim or expense to MMPL as a result of non-compliance of any such
Applicable Laws.
15.5. In case of discrepancies, if any, between T&C and the Loan Agreement, the terms and conditions
mentioned in the Loan Agreement shall prevail.
15.6. Where the T&C or any other Document has been executed or referred in any language along with or
other than English Language, the copy of T&C or such other Document executed or referred in English
language shall be considered correct and final in case of any dispute arising due to interpretation of any
word, sentence or any clause in other languages.
17. DISCLAIMER
17.3. MMPL is having a valid Certificate of Registration dated 29th May 2003issued by the Reserve Bank of
India under section 45-IA of the Reserve Bank of India Act, 1934. However, the Reserve Bank of India
does not accept any responsibility or guarantee about the present position as to the financial soundness
of the company or for the correctness of any of the statements or representations made or opinions
expressed by the company and for repayment of deposits/discharge of the liabilities by the company.
18. ACCEPTANCE
18.1. THE BORROWER CONFIRMS HAVING PERUSED, UNDERSTOOD AND AGREED TO THIS
ENTIRE T&C CONSTITUTING OF ABOVE CLAUSES INCLUDING THE LOAN AND PRODUCT
DETAILS, TCPL’S METHOD OF CALCULATING INSTALMENT AND APPLICABLE
CHARGES. THE AFOREMENTIONED T&C AND OTHER DOCUMENTS HAVE BEEN
EXPLAINED TO THE BORROWER IN THE LANGUAGE UNDERSTOOD BY THE BORROWER
AND THE BORROWER HAS UNDERSTOOD THE ENTIRE MEANING OF THE VARIOUS
CLAUSES STATED IN THIS T&C.THE BORROWER IS AWARE THAT TCPL HAS AGREED TO
GRANT LOAN TO BORROWER ONLY ON THE BASIS OF THE REPRESENTATIONS AND
WARRANTIES MADE BY THE BORROWER AND THE UNDERTAKING PROVIDED BY THE
BORROWER TO ABIDE BY THE TERMS OF THIS T&C.
Mamta Projects Private Limited,
1528, EM3, Bengal Intelligent Eco, Salt Lake, Sector- V, Kolkata 700091, India
CIN: U23209WB1994PTC063940 , RBI registration No: B. 05.05070