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)
- 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.
- 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).
- 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.
- 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.
- . Time is of essence and the Applicant(s) shall make the payment as per the Payment Plan
set out in Schedule-III (“Payment Plan”).
- 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).
- 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.
- . 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:
- 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.
- 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;
- 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.
- 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:
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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.
- 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.
- 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.