Terms and Conditions

The Applicant(s) confirms that the Promoter has provided an opportunity and that the Applicant(s) has examined and conducted due diligence of all the documents relating to the Said Land and has/have satisfied himself/themselves about the title/interest/rights of the Promoter in the Said Land. *NOTE:- The Promoter has taken the conversion factor of 10.764 sq.ft. per sqm. for the purpose of this Application (1 feet = 304.8 mm)

  1. The Total Price as mentioned above includes the Booking Amount paid by the Applicant(s) to the Promoter towards the Said Independent Floor for residential usage along with parking. It is hereby clarified that the amount paid by the Applicant(s) at the time of Application, forms part of the Booking Amount. It is further clarified that the Booking Amount is payable in more than one instalment for the convenience of the Applicant(s) and the same shall be treated as earnest money for due performance of the obligations of the Applicant(s) under this Application and the Agreement.
  2. The Total Price as mentioned above includes Taxes (GST and Cess or any other taxes/ fees/ charges/ levies etc.) which may be levied, in connection with the development/construction of the Project paid/payable by the Promoter up to the date of handing over the possession of the Said Independent Floor along with parking to the Applicant(s) after obtaining the necessary approvals from competent authority for the purposes of such possession.
    Provided that, in case there is any change / modification in the taxes / charges/ fees / levies etc., the subsequent amount payable by the Applicant(s) to the Promoter shall be increased / decreased based on such change/ modification. Provided further, if there is any increase in the taxes / charges / fees / levies etc. after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority, as per the Act, the same shall not be charged from the Applicant(s).
  3. The Promoter shall periodically intimate in writing to the Applicant(s), the amount payable as stated in (i) above and the Applicant(s) shall make payment demanded by the Promoter within the time and in the manner specified therein. In addition, the Promoter shall provide to the Applicant(s) the details of the taxes/ charges/ fees/ levies etc. paid or demanded along with the acts/rules/notifications together with dates from which such taxes/ charges/ fees/ levies etc. have been imposed or become effective.
  4. The Total Price of Said Independent Floor along with parking includes recovery of price of land, development and construction of not only the Said Independent Floor but also the Common Areas, internal development charges, infrastructure augmentation charges, external development charges, taxes, fees, levies etc., cost of providing electric wiring, electrical connectivity to the Said Independent Floor, lift, waterline and plumbing, fire detection and firefighting equipment in common areas (if applicable) finishing with paint, marbles, tiles, doors and windows, maintenance charges as per Para 13, etc. and includes cost of other facilities, amenities and specifications to be provided within the Said Independent Floor along with parking in the Project. The proposed specifications for the Said Independent Floor are given in detail in Schedule-II.
  5. . Time is of essence and the Applicant(s) shall make the payment as per the Payment Plan set out in Schedule-III (“Payment Plan”).
  6. The Total Price is escalation-free, save and except increases which the Applicant(s) hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Applicant(s) for increase in development charges / cost / charges / fees / levies, etc., imposed by the competent authorities, the Promoter shall enclose the said notification / order / rule / regulation to that effect along with the demand letter being issued to the Applicant(s), which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the Project by the Authority, as per the Act, the same shall not be charged from the Applicant(s).
  7. The Applicant(s) has/ have seen the layout plan/ building plans, specifications, amenities and facilities etc. depicted in the advertisement/ brochure/ Agreement/ Website regarding the Project where the Said Independent Floor is located and has/ have accepted the floor/ site plan, payment plan and the specifications, amenities, facilities, etc. which has been approved by the competent authority.
  8. . Subject to Para 21, the Promoter agrees and acknowledges, the Applicant(s) shall have the right to the Said Independent Floor for residential usage along with parking as mentioned below:
    1. The Applicant(s) shall have exclusive ownership of the Said Independent Floor for residential usage along with undivided pro-rata share in the Said Land and with exclusive right to use parking.
    2. The Applicant(s) shall also have rights in the common areas, as provided under Rule 2(1)(f) of Rules, 2017. The Applicant(s) shall use the common areas along with other occupants etc. without causing any inconvenience or hindrance to them. It is clarified that the Promoter shall hand over the common areas to the association of allottees/competent authorities after duly obtaining the occupation certificate from the competent authority, as provided under Rule 2(1)(f) of Rules, 2017;
    3. The Applicant(s) has the right to visit the project site to assess the extent of development of the Project and his Said Independent Floor for residential usage.
  9. Schedule for possession of the Said Independent Floor Timely delivery of possession of the Said Independent Floor along with parking to the Applicant(s) and the common areas to the association of allottees or the competent authority, as the case may be, as provided under Rule 2(1)(f) of Rules, 2017, is the essence of the Agreement. *NOTE:- The Promoter has taken the conversion factor of 10.764 sq.ft. per sqm. for the purpose of this Application (1 feet = 304.8 mm) Explanation:
    1. The Total Price as mentioned above includes the Booking Amount paid by the Applicant(s) to the Promoter towards the Said Independent Floor for residential usage along with parking. It is hereby clarified that the amount paid by the Applicant(s) at the time of Application, forms part of the Booking Amount. It is further clarified that the Booking Amount is payable in more than one instalment for the convenience of the Applicant(s) and the same shall be treated as earnest money for due performance of the obligations of the Applicant(s) under this Application and the Agreement.
    2. The Total Price as mentioned above includes Taxes (GST and Cess or any other taxes/ fees/ charges/ levies etc.) which may be levied, in connection with the development/construction of the Project paid/payable by the Promoter up to the date of handing over the possession of the Said Independent Floor along with parking to the Applicant(s) after obtaining the necessary approvals from competent authority for the purposes of such possession.
      Provided that, in case there is any change / modification in the taxes / charges/ fees / levies etc., the subsequent amount payable by the Applicant(s) to the Promoter shall be increased / decreased based on such change/ modification. Provided further, if there is any increase in the taxes / charges / fees / levies etc. after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority, as per the Act, the same shall not be charged from the Applicant(s).
    3. The Promoter shall periodically intimate in writing to the Applicant(s), the amount payable as stated in (i) above and the Applicant(s) shall make payment demanded by the Promoter within the time and in the manner specified therein. In addition, the Promoter shall provide to the Applicant(s) the details of the taxes/ charges/ fees/ levies etc. paid or demanded along with the acts/rules/notifications together with dates from which such taxes/ charges/ fees/ levies etc. have been imposed or become effective.
    4. The Total Price of Said Independent Floor along with parking includes recovery of price of land, development and construction of not only the Said Independent Floor but also the Common Areas, internal development charges, infrastructure augmentation charges, external development charges, taxes, fees, levies etc., cost of providing electric wiring, electrical connectivity to the Said Independent Floor, lift, waterline and plumbing, fire detection and firefighting equipment in common areas (if applicable) finishing with paint, marbles, tiles, doors and windows, maintenance charges as per Para 13, etc. and includes cost of other facilities, amenities and specifications to be provided within the Said Independent Floor along with parking in the Project. The proposed specifications for the Said Independent Floor are given in detail in Schedule-II.
  10. Possession by the Applicant(s)
    After obtaining the occupation certificate/part occupation certificate of the Building in respect of the Project and handing over the physical possession of the Said Independent Floor for residential purpose alongwith parking to the Applicant(s), it shall be the responsibility of the Promoter to hand over the necessary documents and plans, and common areas to the association of allottees or the competent authority, as the case may be as provided under Rule 2(1)(f) of Rules, 2017.
  11. The Promoter assures to offer to hand over possession of the Said Independent Floor along with parking as per agreed terms and conditions by 15.05.2025, unless there is delay due to “force majeure”, epidemic, pandemic and lockdown, Court orders, Government policy/guidelines, decisions effecting the regular development of the Project. If, the completion of the Project is delayed due to the above conditions, then the Applicant(s) agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Said Independent Floor.
    The Applicant(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the Project due to force majeure and above mentioned conditions, then the allotment shall stand terminated and the Promoter shall refund to the Applicant(s) the entire amount received by the Promoter from the Applicant within ninety days. The Promoter shall intimate the Applicant about such termination at least thirty days prior to such termination. After refund of the money paid by the Applicant(s), the Applicant(s) agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under the Agreement.
  12. Procedure for taking possession of Said Independent Floor
    The Promoter, upon obtaining the occupation certificate or part thereof of the building in the Project, shall offer in writing the possession of Said Independent Floor for residential usage within three months, from the date of above approval, to the Applicant(s) as per terms of the Agreement.
    The Promoter agrees and undertakes to indemnify the Applicant(s) in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Promoter shall provide a copy (on demand) of the occupation certificate or part thereof in respect of the Project at the time of conveyance of the same. The Applicant(s), after taking possession, agrees to pay the maintenance charges and holding charges (as mentioned in Schedule-III) as determined by the Promoter/association of allottees/competent authority, as the case may be.
  13. Failure of Applicant(s) to take Possession of Said Independent Floor Upon receiving a written intimation from the Promoter as per Para 8, the Applicant(s) shall take possession of the Said Independent Floor for residential usage from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in the Agreement, and the Promoter shall give possession of the Said Independent Floor for residential usage to the Applicant as per terms and conditions of the Agreement. In case the Applicant(s) fails to comply with essential documentation, undertaking etc. or fails to take possession within the time provided in Para 8, such Applicant(s) shall continue to be liable to pay maintenance charges and holding charges as specified in Para Rules including compensation in the manner as provided under the Act within ninety days of it becoming due. Provided that if the Applicant(s) does not intend to withdraw from the Project, the Promoter shall pay the Applicant(s) interest at the rate prescribed in the Rules for every month of delay, till the offer of the possession of the Said Independent Floor for residential usage, which shall be paid by the Promoter to the Applicant(s) within ninety (90) days of it becoming due. In case obligation is not complied with by the Promoter:
    1. the authority shall order to return the total amount received by the Promoter in respect of the Said Independent Floor for residential usage, with interest at the rate prescribed in the Rules in case the Applicant(s) wishes to withdraw from the Project.
    2. in case Applicant(s) claims compensation in this regard he may make an application for adjudging compensation to the adjudicating officer who shall order quantum of compensation having due regards to the factors in section 72.
    3. if the Applicant(s) does not intend to withdraw from the Project the authority shall order the Promoter to pay the Applicant(s) interest at the rate prescribed in the Rules for every month of delay till the offer of the possession of the Said Independent Floor for residential usage.
    4. Timelines for refund of money and interest at such rate as may be prescribed, payment of interest at such rate as may be prescribed in Rule 16.
  14. The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the Project by the association of allottees or competent authority, as the case may be, upon the issuance of the occupation certificate/part thereof, part completion certificate/completion certificate of the Project, as the case may be. The cost of maintenance has been included in the Total Price of the Said Independent Floor for residential usage.
    The Applicant(s) agrees to execute a maintenance agreement along with other necessary documents, undertakings etc. in the standard format, with the association of allottees / the maintenance agency as appointed for maintenance and upkeep of the Project. Execution of the maintenance agreement shall be a condition precedent for handing over possession of Said Independent Floor by the Promoter and also for executing the conveyance deed of the Said Independent Floor.
    In case, the Applicant(s)/association of allottees fails to take possession of the said essential services as envisaged in the Agreement or prevalent laws governing the same.