ADDITIONAL CONSTRUCTIONS. The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and the Promoter shall be entitled to forfeit the Cancellation Charges and the GST applicable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be, subject to proviso below, be returned by the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to Act and the clauses below.
17.2 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee by has irrevocably consented to and/or hereby irrevocably consents that the Promoter does not create a binding obligation on shall, until handing over the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Promoter or Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated shall not have any right whatsoever in the Payment Plan within 30 (thirty) days from additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the date above and/or in respect of receipt any temporary inconvenience that may be suffered by the Allottee and secondly, appears for registration because of the same before the concerned District Sub – Registrar – III at Alipore as same. The Allottee also admits and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to accepts that the Promoter this Agreement within 30 (thirty) days from the date and/or employees and/or agents and/or contractors of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and the Promoter shall be entitled to forfeit use and utilize the Cancellation Charges Common Areas for movement of building materials and the GST applicable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be, subject to proviso below, be returned by the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any for other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be free liable to approach pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities concerned for refund regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such taxesmodifications, charges, levies, cess, assessments additions and/or alterations shall not affect the Total Price and impositionsthat the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
ADDITIONAL CONSTRUCTIONS. The Promoter Seller undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to the Allottee Allottees by the Promoter Seller does not create a binding obligation on the part of the Promoter Seller or the Allottee Allottees until, firstly, the Allottee Allottees signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee Allottees and secondly, appears for registration of the same before the concerned District Sub – office of the Additional Registrar – III of Assurances -I at Alipore Kolkata as and when intimated by the PromoterSeller. If the Allottee(s) fails to execute and deliver to the Promoter Seller this Agreement within 30 (thirty) days from the date of its receipt by the Allottee Allottees and/or appear before the District Sub – office of the Additional Registrar – III at Alipore of Assurances -I for its registration as and when intimated by the PromoterSeller, then the Promoter Seller shall serve a notice to the AllotteeAllottees, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the AllotteeAllottees, application of the Allottee Allottees shall be treated as cancelled and the Promoter Seller shall be entitled to forfeit the Cancellation Charges and the GST applicable on such Cancellation Charges. The balance amount of money paid by the Allottee Allottees shall be, subject to proviso below, be returned by the Promoter Seller to the Allottee Allottees within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter Seller and the Allottee Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. This Agreement, along with its schedules, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said apartment/ building, as the case may be.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
ADDITIONAL CONSTRUCTIONS. The Allottee admits and acknowledges that the Allottee has been specifically made aware of by the Promoter that the Promoter shall be entitled to do all or any of the following acts deeds matters and things as mentioned below:
(a) That the Promoter shall be entitled to and may construct additional apartments or may increase the size of the proposed apartments in the building by consuming unutilized Floor Area Ratio available for the Project or by constructing less number of storerooms, bathrooms for servant quarters etc. as per the plan as may be sanctioned by the Kolkata Municipal Corporation and to sell or otherwise deal with the same to its sole benefit and while doing so the Promoter shall ensure that there would not be any changes in the lay out of the Allotted Apartment;
(b) That the Promoter shall not be obliged to dig up a portion of the said Premises despite the same being shown as pond in the Building Sanction Plan inasmuch as the same was shown as such at the wrongful and arbitrarily insistence of the Kolkata Municipal Corporation and shall be entitled to use, sell or otherwise deal with such area as and for parking of motor cars or other uses to its sole benefit;
(c) That the Promoter shall be entitled to use car parking spaces as mechanised car parking spaces for car parking in the Project as per the plan as may be sanctioned by the Kolkata Municipal Corporation;
(d) That the Promoter shall be entitled to alter the elevation of the building and the land scaping in the Project. For doing so by the Promoter, the Allottee agrees and ensures that he/she shall not in any way cause any obstruction hindrance or interference nor shall claim any right whatsoever over the benefits arising to the Promoter or the Owners by doing or carrying out the acts deeds and things mentioned in this clause including over additional constructions, additional car parking spaces, on the contrary the Allottee agrees to render all cooperation as may be necessary and required by the Promoter in that regard. The Promoter undertakes that it has no right to shall not make any other additions or to put up other additional structure(s) anywhere in the Project after the building planBuilding Plan, Revised Building Plan, layout plan, sanction plan and specifications, amenities and facilities has been are approved by the competent authority(ies) Kolkata Municipal Corporation and disclosed, at the material time disclosed except for as provided in the Act. Forwarding Act and as mentioned in this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and the Promoter shall be entitled to forfeit the Cancellation Charges and the GST applicable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be, subject to proviso below, be returned by the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsclause.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
ADDITIONAL CONSTRUCTIONS. The Promoter undertakes Allottee admits and acknowledges that it has no right to make additions or to put up additional structure(s) anywhere in at the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part treaty of sale of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice Allotted Apartment to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date Allottee has been specifically made aware of its receipt by the Allottee, application Developer/Promoter that the Developer /Promoter shall be entitled to do all or any of the following acts deeds matters and things as mentioned below and the Allottee shall be treated as cancelled and not question or dispute the same:
(a) That the Developer/Promoter shall be entitled to forfeit and may construct additional floors/apartments/commercial spaces by consuming unutilized Floor Area Ratio available for the Cancellation Charges Project and/or by acquiring approximately ………………………. adjacent land on the north of the said Premises and amalgamating the same with the said Premises and consuming unutilized Floor Area Ratio available for the Project and the GST applicable on Floor Area Ratio available for such Cancellation Charges. The balance amount adjacent land by exploiting the said building vertically and/or horizontally and/or by constructing a separate building thereat and use the open spaces of money paid such landed properties or the entire such landed properties as parking spaces as the case be as per the plan as may be sanctioned by the Arambagh Municipality and the Developer/Promoter shall be entitled to sell or otherwise deal with the same to its sole benefit and while doing so the Developer/Promoter shall ensure that there would not be any changes in the lay out of the Allotted Apartment;
(b) That the Developer/Promoter shall be entitled to use and allow any Allottee shall be, subject to proviso below, use parking spaces including as mechanized car parking spaces and/or for parking motor car(s) in the Project as per the plan as sanctioned and as be returned sanctioned in future by the Arambagh Municipality. This shall not restrict the Developer/Promoter to use or allow any Allottee to use parking spaces and open spaces within the compound of the said Premises for parking of two wheelers thereat;
(c) That the Developer/Promoter shall be entitled to alter the elevation of the building and the landscaping in the Project. For doing so by the Developers/Promoters, the Allottee within 12 (twelve) months of such cancellation agrees and ensures that he shall not in any way cause any obstruction hindrance or on transfer of interference nor shall claim any right whatsoever over the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject benefits arising to the execution of Developer/Promoter or the Deed of Cancellation. Provided that Owner by doing or carrying out the acts deeds and things mentioned in this clause including over additional constructions and/or additional car parking spaces, on the contrary the Allottee agrees to render all amounts collected cooperation as taxes, charges, levies, cess, assessments may be necessary and impositions and deposited with the appropriate authorities concerned shall not be returned required by the Developer/Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsin that regard.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to Act and the clauses below.
17.2 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee by has irrevocably consented to and/or hereby irrevocably consents that the Promoter does not create a binding obligation on shall, until handing over the possession of all the Units, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Promoter or Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated shall not have any right whatsoever in the Payment Plan within 30 (thirty) days from additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the date above and/or in respect of receipt any temporary inconvenience that may be suffered by the Allottee and secondly, appears for registration because of the same before the concerned District Sub – Registrar – III at Alipore as same. The Allottee also admits and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to accepts that the Promoter this Agreement within 30 (thirty) days from the date and/or employees and/or agents and/or contractors of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and the Promoter shall be entitled to forfeit use and utilize the Cancellation Charges Common Areas for movement of building materials and the GST applicable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be, subject to proviso below, be returned by the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any for other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Unit or portion of the Project, then in that event the Allottee shall also be free liable to approach pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities concerned for refund regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such taxesmodifications, charges, levies, cess, assessments additions and/or alterations shall not affect the Total Price and impositionsthat the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding Act and this Agreement to including the clauses below.
17.2 The Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee have irrevocably consented and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and hereby irrevocably consent that the Promoter shall be entitled to forfeit make in future vertical and horizontal exploitation of the Cancellation Charges Building and/or the Said Premises by way of additional/further construction in the Said Premises including by raising of any additional floor/storey/construction over the roofs of the Building (including the Common Roof Area) and/or by way of construction of additional building/structures in the open land/spaces in the Said Premises and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Building and/or the Common Areas and such future additional/further constructions/exploitation shall belong exclusively to the Promoter who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of the same in any manner whatsoever and appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Owners and the GST applicable on such Cancellation ChargesPromoter are entitled to shift any part of the Common Areas (including common areas and installations, lift machine rooms and water tanks and the Common Roof Area) to the ultimate roof as also the Private Roof Area to the ultimate roof and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions. The balance amount Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of money paid any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee shall be, subject to proviso below, be returned by because of the same. The Allottee also admit and accept that the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer and/or employees and/or agents and/or contractors of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount Promoter shall be payable subject entitled to use and utilize the execution Common Areas for movement of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments building materials and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee result in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Unit or portion of the Project, then in that event the Allottee shall also be free liable to approach pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Owners and the Promoter shall, if required, be entitled to obtain necessary permission/sanction from the concerned authorities concerned for refund regarding the above or get the same regularized/approved on the basis that the Owners and the Promoter have an irrevocable sole right in respect of the same and the Allottee have irrevocably consented and/or hereby irrevocably consent to the same. It is agreed that such taxesmodifications, charges, levies, cess, assessments additions and/or alterations shall not affect the Total Price and impositionsthat the proportionate area in Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to Act and the clauses below.
17.2 The Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee has irrevocably consented and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and hereby irrevocably consents that the Promoter shall be entitled to forfeit make in future Additional/Further Constructions by way of additional/further construction in the Cancellation Charges Premises including by raising of any additional floor/storey/construction over the roofs of the Buildings (including the Common Roof Area) and/or by way of construction of additional buildings/structures in the open land/spaces in the Premises and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and such future Additional/Further Constructions/ exploitation shall belong exclusively to the Promoter who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of the same in any manner whatsoever and appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Promoter is entitled to shift any part of the Common Areas (including common areas and installations, lift machine rooms and water tanks and the GST applicable Common Roof Area) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions .The Promoter shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/approved on such Cancellation Charges. The balance amount the basis that the Promoter has an irrevocable sole right in respect of money paid by the same and the Allottee shall be, subject to proviso below, be returned by the Promoter has irrevocably consented and/or hereby irrevocably consents to the Allottee within 12 (twelve) months of same. It is agreed that such cancellation or on transfer of modifications, additions and/or alterations shall not affect the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Total Price and that the balance amount shall be payable subject to the execution total number of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned Common Areas mentioned in Schedule ‘E’ shall not be returned by reduced to the Promoter and detriment of the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsAllottee.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to Act and the Allottee by clauses below.
17.2 Besides the Promoter does not create a binding obligation on additions and alterations permissible under the part of the Promoter or the Allottee until, firstlyAct and/or Rules, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails has irrevocably consented to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and hereby irrevocably consents that the Promoter shall be entitled to forfeit construct additional/further floors on and above the Cancellation Charges top roof of the Said Block and/or make other constructions elsewhere on the Said Land /Said Complex and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the said Complex and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and the GST applicable on such Cancellation Chargessame is and shall be deemed to be the previous written consent under the Act. The balance amount of money paid Allottee shall not have any right whatsoever in the additional/further constructions and the Allottee agrees and covenants not to obstruct or object to the same notwithstanding any inconveniences that may be suffered by the Allottee shall be, subject due to proviso below, be returned by and arising out of the said construction/developmental activity. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or the construction of the said Complex or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the said Complex, then in that event the Allottee shall also be liable to pay to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However Promoter compensation and/or damages that may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned quantified by the Promoter and shall keep the Promoter indemnified in this regard. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be free reduced to approach the authorities concerned for refund detriment of such taxes, charges, levies, cess, assessments and impositionsthe Allottee.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
ADDITIONAL CONSTRUCTIONS. The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to Act and the clauses below.
20.1 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee by has irrevocably consented to and/or hereby irrevocably consents that the Promoter does not create a binding obligation on shall, until handing over the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Promoter or Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated shall not have any right whatsoever in the Payment Plan within 30 (thirty) days from additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the date above and/or in respect of receipt any temporary inconvenience that may be suffered by the Allottee and secondly, appears for registration because of the same before the concerned District Sub – Registrar – III at Alipore as same. The Allottee also admits and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to accepts that the Promoter this Agreement within 30 (thirty) days from the date and/or employees and/or agents and/or contractors of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and the Promoter shall be entitled to forfeit use and utilize the Cancellation Charges Common Areas for movement of building materials and the GST applicable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be, subject to proviso below, be returned by the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any for other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be free liable to approach pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission/sanction from the concerned authorities concerned for refund regarding the above or get the same regularized/approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such taxesmodifications, charges, levies, cess, assessments additions and/or alterations shall not affect the Total Price and impositionsthat the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to Act and the clauses below.
17.2 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee by has irrevocably consented to and/or hereby irrevocably consents that the Promoter does not create a binding obligation on shall, until handing over the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Promoter or Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated shall not have any right whatsoever in the Payment Plan within 30 (thirty) days from additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the date above and/or in respect of receipt any temporary inconvenience that may be suffered by the Allottee and secondly, appears for registration because of the same before the concerned District Sub – Registrar – III at Alipore as same. The Allottee also admits and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to accepts that the Promoter this Agreement within 30 (thirty) days from the date and/or employees and/or agents and/or contractors of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and the Promoter shall be entitled to forfeit use and utilize the Cancellation Charges Common Areas for movement of building materials and the GST applicable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be, subject to proviso below, be returned by the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any for other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be free liable to approach pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities concerned for refund regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such taxesmodifications, charges, levies, cess, assessments additions and/or alterations shall not affect the Total Price and impositionsthat the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1. The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act.
17.2. Forwarding this Agreement to The common areas and facilities as described in Third Schedule hereunder written shall be ready for use as soon as the Allottee same is completed by the Promoter does not create a binding obligation on and it may take some time even after the part issuance of the Notice of Possession. The Allottee will have no objection for the Promoter or to carry out work of the common areas and facilities and other unfinished apartments in Joyville Project as well as the entire Project after completion/taking over possession of the said Apartment/Residential
17.3. The Allottee agrees that the Promoter will be entitled to carve out certain spaces in Joyville Phase 1B and allot them as private right/space to specific Apartments/Residential Apartments. The Allottee is deemed to have given consent under this Clause and the Allottee untilshall not at any time, firstly, even after the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration completion of the same before Joyville Phase 1B and formation of Association, claim any rights thereto or deprive such users/occupiers/Allottees of the concerned District Sub – Registrar – III Apartment/Residential Apartment. It is understood that such allotments are made to provide privacy to or for better utilization of the respective Apartment/Residential Apartments.
17.4. However, subject to the applicable provisions of WBRERA the Promoter shall have the exclusive right and be entitled at Alipore as all times to erect, install, display and when intimated by the Promoter. If the Allottee(s) fails maintain and/or permit, grant rights to execute and deliver third parties against payment of consideration/charges to the Promoter this Agreement within 30 (thirty) days from to erect install display and maintain hoardings, display signs, neon signs, lighted display etc., on the date roof of its receipt by the Allottee building/towers in the entire Joyville Project and/or appear before Joyville Phase 1B and /or other areas of the District Sub – Registrar – III at Alipore entire Joyville Project without being required to pay any charges for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice same to the Allottee, for rectifying /Occupiers of the default, which if not rectified within 30 (thirty) days from Residential Apartment in the date of its receipt by Residential Township and/or the Association and neither the Allottee, application /occupiers of the Residential Apartments in the Residential Township (including the Allottee shall be treated as cancelled and herein) nor the Promoter Association or any other entity shall be entitled to forfeit object to or hinder the Cancellation Charges and same in any manner whatsoever or claim any charges or other amount. Any revenue that may be earned, whether one-time or recurring, from such hoarding, display signs, neon signs, lighted displays etc., shall accrue to the GST applicable on such Cancellation ChargesPromoter exclusively. The balance amount of money paid by Allottee is deemed to have given the Allottee shall be, subject Allottee’s consent to proviso below, be returned by the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever in this regard and no further reference is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsrequired.
Appears in 1 contract
Samples: Agreement for Allotment of Apartment
ADDITIONAL CONSTRUCTIONS. The Promoter undertakes that it has no right to make additions or That if before the execution of the document in favour of the prop osed society and further construction on the land is allowed in accordance with rules and regulation of the municipal corporation, the Company would be entitled to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved or other construction without any hindrance by the competent authority(ies) and disclosed, except for applicant before or aft er the completion of the present project as provided in the Actper sanctioned plan. Forwarding this Agreement Provided that any payment due to the Allottee municipal corporation for such additional construction shall be paid by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstlypromoter, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and the Promoter promoter shall be entitled to forfeit sell the Cancellation Charges premises resulting from such additional construction in such manner as it thinks fit and proper to any person or persons for such consideration as the promoter may in its absolute discretion. The promoter will in such event be entitled to connect the electric meter, sanitary and d rainage connections provided however that all costs of construction of such additional floors and the GST applicable on such Cancellation Chargesconnection to be made thereto shall be borne by the promoter. The balance amount promoter and / or its transferees shall have the right to use all the staircases and other common amenities of money paid by the Allottee building. In the event of additional floors being constructed as aforesaid, the water tank shall be, subject to proviso below, be returned by the Promoter shifted to the Allottee within 12 (twelve) months of top such cancellation or on transfer structures at the cost of the Said Apartment Company. The Applicant and the member of the society shall admit such new i ntending applicants as its members. That the PROMOTERS has the right to put a hoarding and/ or receiving stations, cable network station, mobile phone set up or station on the open area of the township / rooftop . For these purposes PROMOTERS are fully authori zed to allow temporary or permanent construction or erection in installation on the area exterior to the allotted UNIT area as the case may be. The PROMOTERS, its agents, servants, etc can enter into the said township and other open spaces in the township for the purpose of putting and/ or preserving and / or maintaining and/ or removing the advertisements and/ or hoardings, neon lights or such installations etc. The PROMOTERS or its nominees shall entitled to the income that may be derived from aforesaid activities and shall also be entitled to transfer or assign such right to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsperson or persons whom they deem fit.
Appears in 1 contract
Samples: Agreement for Sale
ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to Act and the Allottee by clauses below.
17.2 Besides the Promoter does not create a binding obligation on additions and alterations permissible under the part of the Promoter or the Allottee until, firstlyAct and/or Rules, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails has irrevocably consented to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and hereby irrevocably consents that the Promoter shall be entitled to forfeit construct additional/further floors on and above the Cancellation Charges top roof of the Said Wing and/or make other constructions elsewhere on the Said Land and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the said Land and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and the GST applicable on such Cancellation Chargessame is and shall be deemed to be the previous written consent under the Act. The balance amount of money paid Allottee shall not have any right whatsoever in the additional/further constructions and the Allottee agrees and covenants not to obstruct or object to the same notwithstanding any inconveniences that may be suffered by the Allottee shall be, subject due to proviso below, be returned by and arising out of the said construction/developmental activity. The Allottee also admits and accepts that the Promoter and/or employees and/or agents and/or contractors of the Promoter shall be entitled to use and utilize the Common Areas for movement of building materials and for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or the construction of the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be liable to pay to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However Promoter compensation and/or damages that may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned quantified by the Promoter and shall keep the Promoter indemnified in this regard. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such modifications, additions and/or alterations shall not affect the Total Price and that the total number of Common Areas mentioned in Schedule ‘E’ shall not be free reduced to approach the authorities concerned for refund detriment of such taxes, charges, levies, cess, assessments and impositionsthe Allottee.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to the Allottee Allottees by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee Allottees until, firstly, the Allottee Allottees signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee Allottees and secondly, appears for registration of the same before the concerned District Sub – office of the Registrar – III of Assurances -IV at Alipore [Kolkata] as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee Allottees and/or appear before the District Sub – office of the Registrar – III at Alipore of Assurances -IV for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the AllotteeAllottees, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the AllotteeAllottees, application of the Allottee Allottees shall be treated as cancelled and the Promoter shall be entitled to forfeit the Cancellation Charges and the GST applicable on such Cancellation Charges. The balance amount of money paid by the Allottee Allottees shall be, subject to proviso below, be returned by the Promoter to the Allottee Allottees within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. This Agreement, along with its schedules, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said apartment/ building, as the case may be.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. The Promoter undertakes that it he has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(iesCompetent Authority (ies) and disclosed, except for any addition construction as may be permitted by the Competent Authority as provided in and/or permitted under the Act. Forwarding this Agreement Notwithstanding the above it is agreed that the purchasers hereby agrees that the Promoter shall have full and absolute right without any interference to develop further and other Phases of RUPADARSHINI BLOCK-C and /or any other project of the Allottee Promoter on the adjacent land which may either be acquired by the Promoter does not create a binding obligation on the part of or suitable arrangements with regard thereto may be entered into by the Promoter or and It shall be independent and a right secured with the Allottee until, firstlyPromoter to enlarge and/or extend and/or expand the said project and construct additional blocks in the adjoining land that may be acquired subsequently by the Promoter , the Allottee signs purchasers(s) in that event shall raise no objection in any manner whatsoever and delivers this Agreement with all the schedules along shall co-operate with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and the Promoter shall be entitled every right to forfeit open an access for ingress and egress to the Cancellation Charges adjoining land in future and the GST applicable on such Cancellation Chargespurchasers has no objection in any manners. The balance amount of money paid by the Allottee shall be, subject to proviso below, be returned by the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to and /or any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution project of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee Occupiers of units at other phases of other Phases of RUPADARSHINI BLOCK-C shall be free have the right to use the approach road and other common areas and facilities comprised the authorities concerned entire project, for refund which the purchasers shall not raise any objection of whatsoever nature and waives the right to raise any such taxesobjection and in any event the Promoter shall have a perpetual right of ingress and egress over the project common passages, chargespathways, levies, cess, assessments internal roads for which the purchasers shall not raise any objection of whatsoever nature and impositionswaives the right to raise any such objection.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. 18.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to Act and the clauses below.
18.2 The Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee has irrevocably consented and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and hereby irrevocably consents that the Promoter shall be entitled to forfeit make in future Additional/Further Constructions by way of raising of additional floor(s)/storey(s)/constructions on the Cancellation Charges roofs (including the Common Roof Area) of the Buildings (that is, over the top floors) and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and such future Additional/Further Constructions/ exploitation shall belong exclusively to the Promoter who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of the same in any manner whatsoever and appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Promoter is entitled to shift any part of the Common Areas (including Common Areas and installations, lift machine rooms and water tanks and the GST applicable on such Cancellation ChargesCommon Roof Area) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions. The balance amount Allottee shall not have any right whatsoever in respect of money paid the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee shall be, subject to proviso below, be returned by because of the same. The Allottee also admits and accepts that the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer and/or employees and/or agents and/or contractors of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount Promoter shall be payable subject entitled to use and utilize the execution Common Areas for movement of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments building materials and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be free liable to approach pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities concerned for refund regarding the above or get the same regularized/approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such taxesmodifications, charges, levies, cess, assessments additions and/or alterations shall not affect the Total Price/Agreed Consideration and impositionsthat the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding Act and this Agreement to including the clauses below.
17.2 The Allottee by has irrevocably consented and/or hereby irrevocably consents that the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and the Promoter Vendors shall be entitled to forfeit make in future Additional/Further Constructions by way of additional/further construction in the Cancellation Charges Premises including by raising of any additional floor/storey/construction over the roof of the Building (including the Common Roof Area) and/or by way of construction of additional buildings/structures in the open land/spaces in the Premises and shall at their absolute discretion be entitled to make from time to time additions or alterations to or in the Building and/or the Common Areas and such future Additional/Further Constructions/ exploitation shall belong exclusively to the Vendors who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of the same in any manner whatsoever and appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Vendors are entitled to shift any part of the Common Areas (including common areas and installations, lift machine rooms and water tanks and the GST applicable on such Cancellation ChargesCommon Roof Area) to the ultimate roof and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions. The balance amount Vendors shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/approved on the basis that the Vendors have an irrevocable sole right in respect of money paid by the same and the Allottee shall be, subject to proviso below, be returned by the Promoter has irrevocably consented and/or hereby irrevocably consents to the Allottee within 12 (twelve) months of same. It is agreed that such cancellation or on transfer of modifications, additions and/or alterations shall not affect the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Total Price and that the balance amount shall be payable subject to the execution total number of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned Common Areas mentioned in Schedule ‘E’ shall not be returned by reduced to the Promoter and detriment of the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsAllottee.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. The Promoter undertakes Allottee admits and acknowledges that it has no right to make additions or to put up additional structure(s) anywhere in at the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part treaty of sale of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice Said Apartment And Appurtenances to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date Allottee has been specifically made aware of its receipt by the Allottee, application Promoter and the Land Owners that the Promoter and the Land Owners shall be entitled to do all or any of the following acts deeds matters and things as mentioned below and the Allottee shall be treated as cancelled not question or dispute the same and hereby grants its consent for the same:
(i) That the Promoter shall be entitled to forfeit and may construct additional vertical extentions in form of floors/apartments over the Cancellation Charges roof of the building by consuming unutilized Floor Area Ratio available for the Project as per the plans as be sanctioned by the concerned authority. The Promoter agrees and undertakes that he shall not make any changes to these layout plans except in strict compliance with section 14 of the Act and other laws as applicable. The Promoter and the GST applicable on such Cancellation Charges. Land Owners shall be entitled to sell or otherwise deal with the same to its sole benefit and while doing so the Promoter shall ensure that there would not be any changes in the layout of the Apartment;
(ii) The balance amount allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of money paid by any the above and/or in respect of any temporary inconvenience that may be suffered to the Allottee because of the same. It is clarified that in case of additional construction on the roofs, the Common Roof Area shall bebe shifted to the same position on the ultimate roofs along with the lift machine room and the water tank and shall have equivalent area.
(iii) The Promoter shall further be entitled to make such changes, subject to proviso belowmodifications, be returned additions, alterations and/or variations regarding the construction and the specifications of the Building, the Common Portions and/or the Apartment, in the manner provided under this Agreement and the Act and breach of this term by the Promoter shall constitute a material breach of the Agreement.
(iv) For doing so by the Promoter, the Allottee agrees and ensures that he shall not in any way cause any obstruction hindrance or interference nor shall claim any right whatsoever over the benefits arising to the Promoter or the Land Owners by doing or carrying out the acts deeds and things mentioned in this clause including over additional constructions, on the contrary the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment agrees to any other Apartment Acquirer, whichever is earlier. However render all cooperation as may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments necessary and impositions and deposited with the appropriate authorities concerned shall not be returned required by the Promoter in that regard and agrees and covenants not to raise any claim or objection in this regard at any time.
(v) The right of the allottee regarding the Undivided Share shall be variable depending on further/additional vertical or other constructions, if any, made by the Promoter from time to time and the Allottee allottee hereby consents to the same. Any such variation shall not affect the Agreed Consideration and no claim can be free to approach raised regarding the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionssame by the Allottee.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding Act and this Agreement to including the clauses below.
17.2 The Allottee by has irrevocably consented and/or hereby irrevocably consents that the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and the Promoter Vendors shall be entitled to forfeit all future vertical and horizontal exploitation of the Cancellation Charges Building and/or the Premises by way of additional / further construction in the Premises including by raising of any additional floor/storey/construction over the Common Roof Area of the Building and/or by way of construction of additional buildings/structures in the open land/spaces in the Premises from time to time and shall at their absolute discretion be entitled to make from time to time additions or alterations to or in the Building and/or the Common Areas and such future additional/further constructions/ exploitation shall belong exclusively to the Vendors who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of the same in any manner whatsoever and appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Vendors are entitled to shift any part of the Common Areas (including common areas and installations, lift machine rooms and water tanks and the GST applicable on such Cancellation ChargesCommon Roof Area) to the ultimate roof and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions. The balance amount Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of money paid any the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee shall be, subject to proviso below, be returned by the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer because of the Said Apartment to any other Apartment Acquirer, whichever is earliersame. However may it be clarified The Allottee also admits and accepts that the balance amount Vendors and/or their employees and/or agents and/or contractors of the Vendors shall be payable subject entitled to use and utilize the execution Common Areas for movement of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments building materials and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be free liable to approach pay to the Vendors compensation and/or damages that may be quantified by the Vendors. The Vendors shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities concerned for refund regarding the above or get the same regularized/approved on the basis that the Vendors have an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is clarified that in case of additional construction on the Common Roof Area, then the ultimate roof over such taxesadditional construction as also the lift machine room and the water tank over the ultimate roof shall become the Common Roof Area. It is agreed that such modifications, charges, levies, cess, assessments additions and/or alterations shall not affect the Total Price and impositionsthat the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. The Promoter Owner undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement Notwithstanding anything to the Allottee contrary elsewhere herein contained, it is expressly agreed and understood by and between the parties hereto as follows: - Besides sanction of additional FAR which has been applied by the Promoter does not create a binding obligation Owner to the Durgapur Municipal Corporation on account of ‘green building’; and/or ‘metro corridor’, in case any further additional FSI/FAR/Construction is permitted or available at the part of the Promoter or the Allottee until, firstlysaid Premises, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and the Promoter Owner shall be entitled to forfeit avail the Cancellation Charges same and to make further and additional construction which may be so available and to connect the same with the Common Areas and Installations of the said Premises to make the same habitable and to deal with, use, let out, sell, convey and/or otherwise transfer the same to any person at such consideration and in such manner and on such terms and conditions as the Owner, in its sole discretion, may think fit and proper. In the event of any such construction, the ultimate roof of such construction shall then become the common roof to the Co-owners. In case of any additional or further additional construction in terms of clause, there would be a consequential decrease in the proportionate share of the Purchaser in the land of the said Premises and the GST applicable Common Areas and Installations, however, the Purchaser either individually or together with the other Co-owners shall not be entitled to claim refund or reduction of any consideration or other amounts payable by the Purchaser hereunder nor to claim any amount or compensation from the Owner on such Cancellation Chargesaccount thereof. The balance amount Owner shall be entitled to put or allow its or its group companies/associates/affiliates/sister concerns to put neon-sign, hoardings, sign boards or any other installation on the roof of money paid the Building or any part thereof as the Owner, may in their sole discretion, think fit and proper. The Purchaser hereby agrees, acknowledges and consents to the rights and entitlements excepted and reserved by and unto the Owner and to all the provisions and stipulations contained therein and undertakes and covenants not to raise any dispute objection hindrance obstruction or claim with regard to the same or the doing or carrying out of any such act deed or thing in connection therewith by the Allottee shall beOwner and/or persons deriving title or authority from it and also to sign and execute all necessary papers and documents in that regard, subject to proviso below, be returned if so required and found necessary by the Promoter to the Allottee within 12 (twelve) months of such cancellation Owner. The Purchaser hereby acknowledges and admits that, at or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to before the execution of this agreement, the Deed Owner might acquire the lands lying adjacent to the said Premises and belonging to the Owner may be developed by the Owner in the subsequent phase(s) to form part of Cancellation. Provided a single integrated housing project and for that all amounts collected as taxes, charges, levies, cess, assessments the Owner shall link and impositions and deposited connect the said Premises with the appropriate authorities concerned adjacent properties i.e. lands or landed properties adjacent and/or adjoining to the said Premises and in connection therewith the Owner shall not have right and be returned entitled to do the following acts deeds matters and things:
(a) to amalgamate the adjacent properties or any part thereof with the said Premises and to include the adjacent properties as part of a single integrated housing project,
(b) to share the access-way, entry/exit points, driveways, paths and passages and certain facilities out of the Common Areas and Installations of the Building Complex in common between the Co- owners of the said Premises and the Owner and the co- owners of the adjacent properties in such manner and to such extent as the Owner may deem fit and proper. It is made clear by the Promoter Owner that, in case the Owner permits the co- owners of the units to be constructed at the adjacent properties in subsequent phase(s) to use certain facilities forming part of the Common Areas and Installations of the Allottee Building Complex as aforesaid, the Owner shall be free likewise allow the Purchaser and other Co-owners of the Building Complex to approach use certain facilities forming part of the authorities concerned for refund common areas and installations of such taxesadjacent properties in common with the owners of the units to be constructed at the adjacent properties. The Purchaser agrees not to do any act deed or thing whereby the Owner is prevented from proceeding with the work of construction at the adjacent properties nor raise any objection or cause any hindrance to the Owner exercising its rights and entitlements, charges, levies, cess, assessments it being expressly made clear that nothing shall create any right or entitle the Purchaser to claim any right over and impositionsin respect of the adjacent properties or the buildings to be constructed thereat unless otherwise to the extent and in the manner expressly specified by the Owner in writing.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. 18.1. The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act.
18.2. Forwarding this Agreement to The common areas and facilities as described in Third Schedule hereunder written shall be ready for use as soon as the Allottee same is completed by the Promoter does not create a binding obligation on and it may take some time even after the part issuance of the Notice of Possession. The Allottee will have no objection for the Promoter or to carry out work of the common areas and facilities and other unfinished apartments in Joyville Project as well as the entire Project after completion/taking over possession of the said Apartment/Residential Apartment.
18.3. The Allottee agrees that the Promoter will be entitled to carve out certain spaces in Joyville Phase 1B and allot them as private right/space to specific Apartments/Residential Apartments. The Allottee is deemed to have given consent under this Clause and the Allottee untilshall not at any time, firstly, even after the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration completion of the same before Joyville Phase 1B and formation of Association, claim any rights thereto or deprive such users/occupiers/Allottees of the concerned District Sub – Registrar – III Apartment/Residential Apartment. It is understood that such allotments are made to provide privacy to or for better utilization of the respective Apartment/Residential Apartments.
18.4. However, subject to the applicable provisions of WBRERA the Promoter shall have the exclusive right and be entitled at Alipore as all times to erect, install, display and when intimated by the Promoter. If the Allottee(s) fails maintain and/or permit, grant rights to execute and deliver third parties against payment of consideration/charges to the Promoter this Agreement within 30 (thirty) days from to erect install display and maintain hoardings, display signs, neon signs, lighted display etc., on the date roof of its receipt by the Allottee building/towers in the entire Joyville Project and/or appear before Joyville Phase 1B and /or other areas of the District Sub – Registrar – III at Alipore entire Joyville Project without being required to pay any charges for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice same to the Allottee, for rectifying /Occupiers of the default, which if not rectified within 30 (thirty) days from Residential Apartment in the date of its receipt by Residential Township and/or the Association and neither the Allottee, application /occupiers of the Residential Apartments in the Residential Township (including the Allottee shall be treated as cancelled and herein) nor the Promoter Association or any other entity shall be entitled to forfeit object to or hinder the Cancellation Charges and same in any manner whatsoever or claim any charges or other amount. Any revenue that may be earned, whether one-time or recurring, from such hoarding, display signs, neon signs, lighted displays etc., shall accrue to the GST applicable on such Cancellation ChargesPromoter exclusively. The balance amount of money paid by Allottee is deemed to have given the Allottee shall be, subject Allottee’s consent to proviso below, be returned by the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever in this regard and no further reference is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsrequired.
Appears in 1 contract
Samples: Agreement for Allotment of Apartment
ADDITIONAL CONSTRUCTIONS. The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to Act and the clauses below.
20.1 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee by has irrevocably consented to and/or hereby irrevocably consents that the Promoter does not create a binding obligation on shall, until handing over the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Promoter or Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the Allottee’s previous written consent under the Act. The Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated shall not have any right whatsoever in the Payment Plan within 30 (thirty) days from additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the date above and/or in respect of receipt any temporary inconvenience that may be suffered by the Allottee and secondly, appears for registration because of the same before the concerned District Sub – Registrar – III at Alipore as same. The Allottee also admits and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to accepts that the Promoter this Agreement within 30 (thirty) days from the date and/or employees and/or agents and/or contractors of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and the Promoter shall be entitled to forfeit use and utilize the Cancellation Charges Common Areas for movement of building materials and the GST applicable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be, subject to proviso below, be returned by the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any for other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be free liable to approach pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities concerned for refund regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such taxesmodifications, charges, levies, cess, assessments additions and/or alterations shall not affect the Total Price and impositionsthat the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the bythe competent authority(ies) and disclosed, except for as provided in the Act. Forwarding Act and this Agreement to including the clausesbelow.
17.2 The Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee has irrevocably consented and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and herebyirrevocably consents that the Promoter shall be entitled to forfeit make in future vertical and horizontal exploitation of the Cancellation Charges Buildings and/or the Premises by way of additional/further construction in the Premisesincluding by raising of any additional floor/storey/construction over the roofs of the Buildings(including the Common Roof Area) and/or by way of construction of additional buildings/structures in the open land/spaces in the Premisesand shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and such future additional/further constructions/ exploitation shall belong exclusively to the Promoter who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of the same in any manner whatsoever and appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Owner and the GST applicable on such Cancellation Charges. Promoter areentitled to shift any part of the Common Areas (including common areas and installations, lift machine rooms and water tanks and the Common Roof Area) to the ultimate roofs as also the Private Roof Area to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions.The balance amount Allottee shall not have any right whatsoever in the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of money paid any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee shall be, subject to proviso below, be returned by because of the same. The Allottee also admits and accepts that the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer and/or employees and/or agents and/or contractors of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount Promoter shall be payable subject entitled to use and utilize the execution Common Areas for movement of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments building materials and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Unit or portion of the Project, then in that event the Allottee shall also be free liable to approach pay to the Promotercompensation and/or damages that may be quantified by the Promoter.The Owner and the Promoter shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities concerned for refund regarding the above or get the same regularized/approvedon the basis that the Owner and the Promoter have an irrevocable sole right in respect of the same andthe Allottee has irrevocably consented and/or herebyirrevocably consents to the xxxx.Xx is agreed that such taxesmodifications, charges, levies, cess, assessments additions and/or alterations shall not affect the Total Price and impositionsthat the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. The Promoter undertakes Allottee has irrevocably consented and/or hereby irrevocably consents that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and the Promoter Vendors shall be entitled to forfeit make in future Additional/Further Constructions by way of additional/further construction in the Cancellation Charges Premises including by raising of any additional floor/storey/construction over the roof of the Building (including the Common Roof Area) and/or by way of construction of additional buildings/structures in the open land/spaces in the Premises and shall at their absolute discretion be entitled to make from time to time additions or alterations to or in the Building and/or the Common Areas and such future Additional/Further Constructions/ exploitation shall belong exclusively to the Vendors who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of the same in any manner whatsoever and appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Vendors are entitled to shift any part of the Common Areas (including common areas and installations, lift machine rooms and water tanks and the GST applicable on such Cancellation ChargesCommon Roof Area) to the ultimate roof and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions. The balance amount Vendors shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/approved on the basis that the Vendors have an irrevocable sole right in respect of money paid by the same and the Allottee shall be, subject to proviso below, be returned by the Promoter has irrevocably consented and/or hereby irrevocably consents to the Allottee within 12 (twelve) months of same. It is agreed that such cancellation or on transfer of modifications, additions and/or alterations shall not affect the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Total Price and that the balance amount shall be payable subject to the execution total number of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned Common Areas mentioned in Schedule ‘E’ shall not be returned by reduced to the Promoter and detriment of the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsAllottee.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to Act and the clauses below.
17.2 The Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee has irrevocably consented and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and hereby irrevocably consents that the Promoter shall be entitled to forfeit make in future Additional/Further Constructions by way of additional/further construction in the Cancellation Charges Premises including by raising of any additional floor/storey/construction over the roofs of the Buildings (including the Common Roof Area) and/or by way of construction of additional buildings/structures in the open land/spaces in the Premises and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and such future Additional/Further Constructions/ exploitation shall belong exclusively to the Promoter who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of the same in any manner whatsoever and appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Promoter is entitled to shift any part of the Common Areas (including common areas and installations, lift machine rooms and water tanks and the GST applicable on such Cancellation ChargesCommon Roof Area) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions. The balance amount of money paid by the Allottee shall bePromoter shall, subject to proviso belowif required, be returned by entitled to obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/approved on the basis that the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer has an irrevocable sole right in respect of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter same and the Allottee shall be free has irrevocably consented and/or hereby irrevocably consents to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionssame.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. The Promoter undertakes Allottee admits and acknowledges that it has no right to make additions or to put up additional structure(s) anywhere in at the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part treaty of sale of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice Allotted Apartment to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date Allottee has been specifically made aware of its receipt by the Allottee, application Promoter and the Owner that the Promoter and the Owner shall be entitled to do all or any of the following acts deeds matters and things as mentioned below and the Allottee shall be treated as cancelled and not question or dispute the same:
(a) That the Promoter shall be entitled to forfeit and may construct additional floors/apartments/commercial spaces by consuming unutilized Floor Area Ratio available for the Cancellation Charges Project and/or by acquiring approximately 20 Cottahs adjacent land on the north of the said Premises and amalgamating the same with the said Premises and consuming unutilized Floor Area Ratio available for the Project and the GST applicable on Floor Area Ratio available for such Cancellation Charges. The balance amount adjacent land by exploiting the said building vertically and/or horizontally and/or by constructing a separate building thereat and use the open spaces of money paid such landed properties or the entire such landed properties as parking spaces as the case be as per the plan as may be sanctioned by the Allottee shall be, subject to proviso below, be returned by the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments Rajpur-Sonarpur Municipality and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee Owner shall be free entitled to approach sell or otherwise deal with the authorities concerned same to its sole benefit and while doing so the Promoter shall ensure that there would not be any changes in the lay out of the Allotted Apartment;
(b) That the Promoter shall be entitled to use and allow any Allottee to use parking spaces including as mechanised car parking spaces and/or for refund parking motor car(s) in the Project as per the plan as sanctioned and as be sanctioned in future by the Rajpur- Sonarpur Municipality. This shall not restrict the Promoter to use or allow any Allottee to use parking spaces and open spaces within the compound of such taxesthe said Premises for parking of two wheelers thereat;
(c) That the Promoter shall be entitled to alter the elevation of the building and the landscaping in the Project. For doing so by the Promoter, chargesthe Allottee agrees and ensures that he shall not in any way cause any obstruction hindrance or interference nor shall claim any right whatsoever over the benefits arising to the Promoter or the Owner by doing or carrying out the acts deeds and things mentioned in this clause including over additional constructions and/or additional car parking spaces, levies, cess, assessments on the contrary the Allottee agrees to render all cooperation as may be necessary and impositionsrequired by the Promoter in that regard.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding Act and this Agreement to including the clauses below.
17.2 The Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee has irrevocably consented and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and hereby irrevocably consents that the Promoter shall be entitled to forfeit make in future Additional/Further Constructions by way of additional/further construction in the Cancellation Charges Premises including by raising of any additional floor/storey/construction over the roof of the Building (including the Common Roof Area) and/or by way of construction of additional buildings/structures in the open land/spaces in the Premises and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Building and/or the Common Areas and such future Additional/Further Constructions/ exploitation shall belong exclusively to the Promoter who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of the same in any manner whatsoever and appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Promoter is entitled to shift any part of the Common Areas (including common areas and installations, lift machine rooms and water tanks and the GST applicable on such Cancellation ChargesCommon Roof Area) to the ultimate roof and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions. The balance amount Promoter shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities regarding the above or get the same regularized/approved on the basis that the Promoter has an irrevocable sole right in respect of money paid by the same and the Allottee shall be, subject to proviso below, be returned by the Promoter has irrevocably consented and/or hereby irrevocably consents to the Allottee within 12 (twelve) months of same. It is agreed that such cancellation or on transfer of modifications, additions and/or alterations shall not affect the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Total Price and that the balance amount shall be payable subject to the execution total number of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned Common Areas mentioned in Schedule ‘E’ shall not be returned by reduced to the Promoter and detriment of the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsAllottee.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes Vendors undertake that it has they have no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled Act and the Promoter clauses below.
17.2 The Allottee has irrevocably consented and/or hereby irrevocably consents that the Vendors shall be entitled to forfeit all future vertical and horizontal expansion/exploitation of the Cancellation Charges Buildings and/or the said Property by way of additional/further constructions in the said Property in any manner whatsoever including by raising of additional floors/storeys/constructions over the roofs of the Buildings (including the Common Roof Area). The Vendors shall also be entitled to construct new buildings in the land for proposed Blocks D and G and for such purpose the Vendors shall be entitled to obtain, revise, amend and renew sanctioned building plans from time to time in respect of the said Property as also the land for proposed Blocks D and G on the basis that the Vendors shall always have an irrevocable and absolute right in respect of the same. The Allottee hereby waives, disclaims, releases and/or relinquishes any right or entitlement in respect of the said Property other than the said Undivided Share in the land immediately underneath the said Building in which the said Apartment is situated and confirms that the said Property may be used by the Vendors from time to time for construction of the Buildings and/or raising of additional floors/storeys/constructions over the roofs of the Buildings (including the Common Roof Area). The Vendors shall at their absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas. The Vendors shall also be entitled to construct new buildings and constructions on the land for proposed Blocks D and G. The Vendors shall be entitled to sell, transfer, convey, deal with and/or dispose of all of the above in any manner whatsoever. For the aforesaid purposes the Vendors are entitled to shift any part of the Common Areas (including the common installations) to any other location including the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the Buildings that may be constructed by the Vendors on the said Property (including the second phase) and/or on the land for proposed Blocks D and G from time to time and the GST applicable on such Cancellation Charges. The balance amount Allottee hereby consents to the same and covenants not to raise any objection, hindrance or claim in respect of money paid any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee because of the same. The Allottee shall benot have any right whatsoever in any of the Buildings other than the undivided variable share only in the land immediately underneath the said Building in which the said Apartment is situated and/or in any of the additional/further constructions and/or floors and/or the land for proposed Blocks D and G and/or the buildings and constructions that may be made thereon and covenants not to raise any objection, subject to proviso below, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be returned suffered by the Promoter Allottee because of the same. It is made clear that all rights regarding further constructions etc. on the said Property and/or the land for proposed Block D and land for proposed Block G that have been reserved under this Agreement in favour of the Vendors shall mean and refer only to the Allottee within 12 (twelve) months of Owner herein if the Owner is entitled to the same under the agreements and/or documents executed between the Owner and the Promoter. It is agreed that such cancellation or on transfer of modifications, additions and/or alterations shall not affect the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Total Price and that the balance amount shall be payable subject to the execution total number of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned Common Areas mentioned in Schedule ‘E’ shall not be returned by reduced to the Promoter and detriment of the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsAllottee.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to Act and the clauses below.
17.2 Besides the additions and alterations permissible under the Act and/or Rules, the Allottee by has irrevocably consented to and/or hereby irrevocably consents that the Promoter does not create a binding obligation on shall, until handing over the possession of all the Apartments, be entitled to all future vertical and horizontal exploitation of the Buildings and/or the Premises by way of additional/ further construction in the Premises including by raising of any additional floor/storey/ construction over the roofs of the Buildings and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and shall be entitled to deal with and dispose of all of the above in any manner whatsoever and for such purpose the Promoter is entitled to shift any part of the Promoter or Common Areas (including common installations like lift machine room and the water tank) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions and the same is and shall be deemed to be the previous written consent under the Act. The Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated shall not have any right whatsoever in the Payment Plan within 30 (thirty) days from additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the date above and/or in respect of receipt any temporary inconvenience that may be suffered by the Allottee and secondly, appears for registration because of the same before the concerned District Sub – Registrar – III at Alipore as same. The Allottee also admits and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to accepts that the Promoter this Agreement within 30 (thirty) days from the date and/or employees and/or agents and/or contractors of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and the Promoter shall be entitled to forfeit use and utilize the Cancellation Charges Common Areas for movement of building materials and the GST applicable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be, subject to proviso below, be returned by the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any for other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be free liable to approach pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, obtain necessary permission / sanction from the concerned authorities concerned for refund regarding the above or get the same regularized/ approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such taxesmodifications, charges, levies, cess, assessments additions and/or alterations shall not affect the Total Price and impositionsthat the total number of Common Areas mentioned in 5th Schedule shall not be reduced to the detriment of the Allottee.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to Act and the clauses below.
17.2 The Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee has irrevocably consented and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and hereby irrevocably consents that the Promoter shall be entitled to forfeit make in future Additional/Further Constructions by way of raising of additional floor(s)/storey(s)/constructions on the Cancellation Charges roofs (including the Common Roof Area)of the Buildings(that is, over the top floors) and shall at its absolute discretion be entitled to make from time to time additions or alterations to or in the Buildings and/or the Common Areas and such future Additional/Further Constructions/ exploitation shall belong exclusively to the Promoter who shall be entitled to sell, transfer, convey and/or otherwise deal with and dispose of the same in any manner whatsoever and appropriate all considerations and other amounts receivable in respect thereof. For the aforesaid purpose the Promoter is entitled to shift any part of the Common Areas (including common areas and installations like landscaped roof garden of ‘Surya’, lift machine rooms and water tanks and the GST applicable on such Cancellation ChargesCommon Roof Area) to the ultimate roofs and also to make available the Common Areas and all utility connections and facilities to the additional/further constructions. The balance amount Allottee shall not have any right whatsoever in respect of money paid the additional/further constructions and covenants not to raise any objection, hindrance or claim in respect of any of the above and/or in respect of any temporary inconvenience that may be suffered by the Allottee shall be, subject to proviso below, be returned by because of the same. The Allotteealso admits and accepts that the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer and/or employees and/or agents and/or contractors of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount Promoter shall be payable subject entitled to use and utilize the execution Common Areas for movement of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments building materials and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter for other purposes and the Allottee shall not raise any objection in any manner whatsoever with regard thereto. If any act or omission of the Allottee results in any interruption, interference, hindrance, obstruction, impediment or delay in the Project or any portion thereof including further constructions, additions and/or alterations from time to time and/or in the transfer, sale or disposal of any Apartment or portion of the Project, then in that event the Allottee shall also be free liable to approach pay to the Promoter compensation and/or damages that may be quantified by the Promoter. The Promoter shall, if required, be entitled to obtain necessary permission / sanction from the concerned authorities concerned for refund regarding the above or get the same regularized/approved on the basis that the Promoter has an irrevocable sole right in respect of the same and the Allottee has irrevocably consented and/or hereby irrevocably consents to the same. It is agreed that such taxesmodifications, charges, levies, cess, assessments additions and/or alterations shall not affect the Total Price and impositionsthat the total number of Common Areas mentioned in Schedule ‘E’ shall not be reduced to the detriment of the Allottee.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. 17.1. The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act.
17.2. Forwarding this Agreement to The common areas and facilities as described in Third Schedule hereunder written shall be ready for use as soon as the Allottee same is completed by the Promoter does not create a binding obligation on and it may take some time even after the part issuance of the Notice of Possession. The Allottee will have no objection for the Promoter or to carry out work of the common areas and facilities and other unfinished apartments in Joyville Project as well as the entire Project after completion/taking over possession of the said Apartment/Residential Apartment.
17.3. The Allottee agrees that the Promoter will be entitled to carve out certain spaces in Joyville Phase 1B and allot them as private right/space to specific Apartments/Residential Apartments. The Allottee is deemed to have given consent under this Clause and the Allottee untilshall not at any time, firstly, even after the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration completion of the same before Joyville Phase 1B and formation of Association, claim any rights thereto or deprive such users/occupiers/Allottees of the concerned District Sub – Registrar – III Apartment/Residential Apartment. It is understood that such allotments are made to provide privacy to or for better utilization of the respective Apartment/Residential Apartments.
17.4. However, subject to the applicable provisions of WBHIRA and/or RERA the Promoter shall have the exclusive right and be entitled at Alipore as all times to erect, install, display and when intimated by the Promoter. If the Allottee(s) fails maintain and/or permit, grant rights to execute and deliver third parties against payment of consideration/charges to the Promoter this Agreement within 30 (thirty) days from to erect install display and maintain hoardings, display signs, neon signs, lighted display etc., on the date roof of its receipt by the Allottee building/towers in the entire Joyville Project and/or appear before Joyville Phase 1B and /or other areas of the District Sub – Registrar – III at Alipore entire Joyville Project without being required to pay any charges for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice same to the Allottee, for rectifying /Occupiers of the default, which if not rectified within 30 (thirty) days from Residential Apartment in the date of its receipt by Residential Township and/or the Association and neither the Allottee, application /occupiers of the Residential Apartments in the Residential Township (including the Allottee shall be treated as cancelled and herein) nor the Promoter Association or any other entity shall be entitled to forfeit object to or hinder the Cancellation Charges and same in any manner whatsoever or claim any charges or other amount. Any revenue that may be earned, whether one-time or recurring, from such hoarding, display signs, neon signs, lighted displays etc., shall accrue to the GST applicable on such Cancellation ChargesPromoter exclusively. The balance amount of money paid by Allottee is deemed to have given the Allottee shall be, subject Allottee’s consent to proviso below, be returned by the Promoter to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever in this regard and no further reference is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsrequired.
Appears in 1 contract
Samples: Agreement for Allotment of Apartment
ADDITIONAL CONSTRUCTIONS. The undertaking of the Allottee to the Promoter undertakes that it notwithstanding anything contained in this Agreement, the Allottee has no objection and shall under no circumstances have any objection to the Promoter (1) integrating/adding (notionally or actually) other parcels of land and/or adjacent/other lands and premises (collectively Other Promoter Properties) to the Project Land and for this purpose, demolishing boundary walls and affixing gates wherever necessary and connecting existing roads to future roads (2) extending, modifying and realigning the extent, area, layout and location of the Said Building/Said Project including the Project Common Portions, (3) modifying the Sanctioned Plans, as may be necessary in this regard, (4) granting all forms of unfettered and perpetual proportionate right to make additions or to put up additional structure(sof ownership and use over the Building Common Portions and the Project Common Portions and (5) anywhere granting all rights of user and easements over the Project Common Portions comprised in the Project after to the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved intending allottees or owners of the Other Developer Properties (collectively Owners of Other Promoter Properties). It is clearly understood by the competent authority(ies) and disclosed, except for as provided Allottee that the Allottee shall not have any right to erect any wall/boundary wall in the ActSaid Project and/or the Other Promoter Properties. Forwarding this Agreement The Allottee hereby accepts and gives his consent to the Allottee such integration and/or addition and/or extension and/or modification and/or realignment and no further permission and/or consent is required to be obtained by the Promoter does not create a binding obligation on from the part Allottee. The Allottee further undertakes that in consideration of the Promoter or agreeing to sell the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned District Sub – Registrar – III at Alipore as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the District Sub – Registrar – III at Alipore for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice Said Flat And Appurtenances to the Allottee, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the Allottee, application of the Allottee has accepted the above conditions and has granted and shall be treated as cancelled and the Promoter shall be entitled deemed to forfeit the Cancellation Charges and the GST applicable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be, subject to proviso below, be returned by the Promoter have granted to the Allottee within 12 (twelve) months Owners, the Promoter, Owners of such cancellation or on transfer of Other Promoter Properties and all successors-in-interest/title unfettered and perpetual easements over, under and above all Building Common Portions and Project Common Portions comprised in the Said Apartment Project including roads, passages and all open spaces in the Said Project, with right to any other Apartment Acquirer, whichever is earlier. However may it be clarified that connect the balance amount shall be payable subject same to new roads and passages comprised in the Other Promoter Properties integrated/added to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsSaid Project.
Appears in 1 contract
Samples: Sale Agreement
ADDITIONAL CONSTRUCTIONS. The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. Forwarding this Agreement to the Allottee Allottees by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee Allottees until, firstly, the Allottee Allottees signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee Allottees and secondly, appears for registration of the same before the concerned District Sub – Registrar – III office of the Registration Authority at Alipore Kolkata as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee Allottees and/or appear before the District Sub – Registrar – III at Alipore office of the Registration Authority for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the AllotteeAllottees, for rectifying the default, which if not rectified within 30 (thirty) days from the date of its receipt by the AllotteeAllottees, application of the Allottee Allottees shall be treated as cancelled and the Promoter shall be entitled to forfeit the Cancellation Charges and the GST applicable on such Cancellation Charges. The balance amount of money paid by the Allottee Allottees shall be, subject to proviso below, be returned by the Promoter to the Allottee Allottees within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. This Agreement, along with its schedules, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said apartment/ building, as the case may be.
Appears in 1 contract
Samples: Sale Agreement