Terms & Conditions

1. Acceptance of Terms & Eligibility

These Terms & Conditions ("Agreement") constitute an electronic contract under the Information Technology Act, 2000 and the Indian Contract Act, 1872 between you ("Client", "Borrower", "User", or "You") and Loan Resolution India ("Company", "We", "Us", or "Our").

By accessing this website, submitting an inquiry, or completing enrollment in the Borrower Protection Membership, you represent and warrant that:

• You are at least eighteen (18) years of age and legally competent to contract under Section 11 of the Indian Contract Act, 1872.
• You are a citizen or lawful resident of India holding genuine loan obligations with RBI-regulated banks, NBFCs, or housing finance corporations.
• You have read, understood, and unreservedly agree to be bound by these Terms, together with our Privacy Policy and all incorporated policies.

2. Nature of Consultancy & Platform Status

Loan Resolution India operates as a specialized debt-resolution consultancy and borrower rights advocacy desk. Our role is strictly consultative, analytical, and facilitative:

• We provide debt restructuring strategy, cash-flow assessments, and One-Time Settlement (OTS) proposal formulation.
• We act as your authorized communication representative for transmitting structured settlement requests to creditors and containment notices to collection departments.
• We are NOT a lender, bank, NBFC, or debt settlement fund. We do not take custody of your settlement funds or maintain depository escrow accounts on your behalf. All settlement disbursements agreed under an OTS letter are remitted directly by you to your creditor bank's official account.

3. Bar Council of India Compliance & Legal Services Model

In adherence to the Advocates Act, 1961 and the Rules of the Bar Council of India (BCI):

1. Non-Law Firm Status: Loan Resolution India is not a law firm. Browsing our website, submitting an intake lead, or enrolling in our membership does NOT create an advocate-client relationship between you and the Company.
2. Role of Empanelled Advocates: Where your case requires formal legal representation—such as filing an objection under Section 13(3A) of the SARFAESI Act, filing a Securitisation Application (SA) under Section 17 before the Debt Recovery Tribunal (DRT), responding to Section 138 NI Act notices, or filing a High Court writ petition under Article 226—such work is performed strictly by licensed, independent empanelled advocates.
3. Independent Vakalatnama: Formal courtroom or tribunal appearances require execution of a separate Vakalatnama or formal advocate engagement agreement directly between you and the assigned advocate, establishing independent professional privilege under the Indian Evidence Act, 1872.

4. Scope of Advisory Services & Membership

Clients enrolling in our Borrower Protection Membership (₹499 one-time fee) or customized resolution mandates receive access to:

• Comprehensive Liability Audit: Critical review of loan sanction letters, compounding interest calculations, penal levies, and current default status.
• Anti-Harassment Containment Notices: Formal dispatch of legal representation and containment notices to creditor banks and NBFC recovery wings, demanding strict adherence to the RBI Fair Practices Code and stopping unlawful collection calls outside approved hours (08:00 AM to 07:00 PM).
• OTS Proposal Structuring: Financial modeling of viable compromise proposals based on haircut precedent in comparable Non-Performing Asset (NPA) accounts.
• Notice Review & Guidance: Preliminary scrutiny of incoming legal notices (Section 13(2) SARFAESI, loan recall notices, summons).

5. Strict No-Guarantees & Commercial Discretion Clause

Furthermore, regarding judicial proceedings:

• No guarantee of injunctive relief, interim stays, or quashing of SARFAESI proceedings (such as Section 14 physical possession orders by District Magistrates) is provided. Judicial relief remains solely within the discretion of competent courts and tribunals.
• Resolution timelines vary from 3 to 18 months depending on creditor board meeting schedules, loan category, asset security valuation, and client liquidity.

6. Borrower Warranties & Operational Obligations

As a condition of using our services, you expressly covenant and warrant that:

1. Truthful Disclosure: All financial declarations, income statements, asset schedules, and debt balances submitted are complete, genuine, and accurate.
2. Prompt Notice Forwarding: You will immediately (within 24 hours of receipt) transmit copies of any fresh statutory demand notice, summons, arbitration notice, or DM/CMM order to your assigned resolution manager.
3. Direct Creditor Interaction Protocol: You agree to coordinate all settlement negotiations through the advisory framework and refrain from making unauthorized contradictory commitments to creditor recovery desks.
4. Lawful Intent: You confirm that default on your loan accounts is due to genuine financial distress, liquidity destruction, business adversity, or health emergencies, and not willful diversion of funds, bank fraud, or money laundering under the Prevention of Money Laundering Act, 2002.

7. Pricing, Razorpay Payments & Taxes

All fee structures are transparently communicated:

• Borrower Protection Membership: Billed at the published price of ₹499 (Rupees Four Hundred Ninety-Nine Only), inclusive of all statutory taxes.
• Payment Gateway: All payments are processed securely through our authorized payment gateway partner, Razorpay Software Private Limited. We do not accept cash payments or offline unverified transfers.
• Refunds: Governed strictly by our published Refund & Cancellation Policy.

8. CIBIL Bureau Reporting & Credit Score Transparency

We believe in absolute transparency regarding credit reporting:

When an account is settled via One-Time Settlement (OTS) or compromise restructuring, the lending institution is legally mandated under the Credit Information Companies (Regulation) Act, 2005 to report the account status to credit bureaus (such as TransUnion CIBIL, Experian, CRIF High Mark, and Equifax) with the status remark "Settled" or "Post-Write-Off Settled".

A "Settled" status reflects that the account was closed for less than the total contractual liability, which will impact your credit score and future borrowing eligibility for a period of time. Loan Resolution India does NOT provide, promise, or engage in unlawful "credit repair" or unauthorized modification of authentic bureau records.

9. Limitation of Liability

To the maximum extent permissible under Indian law:

• In no event shall Loan Resolution India, its directors, officers, employees, or empanelled advocates be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including loss of profits, loss of asset ownership, or commercial injury arising from creditor actions, auction sales, or court orders.
• Our total aggregate cumulative liability arising out of or relating to your use of our website or services shall not exceed the total fees actually paid by you to the Company in the preceding twelve (12) months (capped at the membership fee of ₹499 where no bespoke retainer was executed).

10. Indemnification

You agree to defend, indemnify, and hold harmless Loan Resolution India, its affiliates, directors, consultants, and empanelled advocates against any claims, liabilities, damages, losses, costs, or expenses (including reasonable advocate fees) arising out of or resulting from: (a) your breach of this Agreement; (b) any fraudulent, false, or misleading financial declaration provided by you; or (c) your violation of any third-party right or applicable statute.

11. Program Termination & Discontinuation

We reserve the right to suspend or terminate your membership and cease consultancy services immediately without liability if:

• You are found to have willfully suppressed critical assets, ongoing criminal proceedings, or fraudulent transactions.
• You engage in abusive, threatening, or defamatory conduct towards our staff, negotiators, or empanelled advocates.
• You enter into private, unverified cash settlements with recovery agents against our express advisory.

12. Governing Law, Dispute Resolution & Arbitration

This Agreement shall be construed, interpreted, and governed exclusively by the laws of the Republic of India.

Any dispute, controversy, or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by Arbitration in accordance with the Arbitration and Conciliation Act, 1996:

• The arbitration tribunal shall consist of a Sole Arbitrator appointed mutually by the parties, or in the absence of agreement, through competent judicial appointment.
• The seat and venue of arbitration shall be Bhopal, Madhya Pradesh, India. The language of arbitration shall be English.
• Subject to the arbitration clause, the competent civil courts in Bhopal, Madhya Pradesh shall have exclusive territorial jurisdiction over any judicial proceeding arising hereunder.