Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days 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. (ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee. (iii) It is clarified 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 13 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 9 contracts
Samples: Sale Agreement, Sale Agreement, Agreement for Sale
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel / withdraw his allotment in the Project as provided in the Act: :
(i) Provided that subject to clause 7.5(ii8.7 (ii) below, below where the Allottee proposes to cancel/withdraw from the project without any fault default of the Promoterpromoter as defined in Clause-11, the Allottee shall serve a 12 90 (twelveninety) monthsdays’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter promoter herein shall be is entitled to forfeit an amount equal to 10% of the Cancellation Charges consideration and the applicable GST payable on such Cancellation Chargescancellation charges. The balance amount of money paid by the Allottee shall, after the aforesaid deductions shall subject to clause 7.5(iii8.7 (iii) below, below be returned by the Promoter to the Allottee after selling the Unit to a new Allottee within 45 (forty-five) days of such cancellation or on transfer of cancellation. Once the Said Apartment said flat is resold to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable allottee and subject to the execution allottee executing necessary document for revocation of the Deed Sale Agreement executed by him/her with the Promoter for allotment/purchase of Cancellationflat and pay/borne all cost for execution and registration of that revocation document.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault default of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified that all amounts collected as GST and other, taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter only upon receipt of refund of the same from the concerned authorities and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments the same. The Promoter shall not be liable for refund of the amount of stamp duty and impositionsregistration fees.
Appears in 6 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where Where the Allottee proposes to cancel/withdraw from the project without any fault of the PromoterVendor/ Developer, the Allottee shall serve a 12 2 (twelvetwo) months’ notice in writing on the Promoter Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Promoter Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, shall be returned by the Promoter Vendor/ Developer to the Allottee within 45 (forty-five) days 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.
(ii) ’. Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter Vendor/ Developer then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter Vendor/ Developer in this regard shall be final and binding on the Allottee.
(iii) . It is clarified 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 Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
Appears in 6 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel / withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii8.8 (ii) below, below where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoterpromoter, the Allottee shall serve a 12 90 (twelveninety) monthsdays’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter promoter herein shall be is entitled to forfeit an the booking amount equal to paid for the Cancellation Charges allotment or 10% of the consideration, interest and other dues payable and the applicable GST payable on such Cancellation Chargescancellation charges . Further in case of a falling market the amount repayable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another buyer and the Purchase Price of the Allottee if the current Sale Price is less than the Purchase Price. The balance amount of money paid by the Allottee shall, after the aforesaid deductions shall subject to clause 7.5(iii8.8(iii) below, below be returned by the Promoter promoter to the Allottee after selling the Unit to a new purchaser within 45 (forty-five) days of such cancellation or on transfer of cancellation. Once the Said Apartment said flat is resold to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable allottee and subject to the execution allottee executing necessary document for revocation of the Deed Sale Agreement executed by him/her with the Promoter for allotment/purchase of Cancellationflat and pay/borne all cost for execution and registration of that revocation document.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) If the cancellation happens due to defaults in payment by the Allottee as per Payment Plan in Schedule-C and despite reasonable notice does not come forward for registration of the Cancellation/termination of the Agreement for sale, the Promoter shall become entitled to cancel the Agreement for sale by executing and registering the Cancellation Agreement himself/itsef and for this purpose the Allotee doth hereby grant the necessary power unto the Promoter to execute the said cancellation Agreement for and on his behalf as his Constituted Attorney.
(iv) It is clarified 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 5 contracts
Samples: Agreement for Sale, Agreement for Sale, Buyers Agreement
Cancellation by Allottee. (i) 7.5.1 The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: :
7.5.2 Provided that subject to clause 7.5(ii) 7.5.3 below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said said Apartment to any other Apartment Acquirer, whichever is earlier. However However, may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation.
(ii) 7.5.3 Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) 7.5.4 It is clarified 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 5 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel / withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii8.9 (ii) below, below where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoterpromoter, the Allottee shall serve a 12 90 (twelveninety) monthsdays’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter promoter herein shall be is entitled to forfeit an the booking amount equal to paid for the Cancellation Charges allotment or 10% of the consideration and the applicable GST payable on such Cancellation Chargescancellation charges . Further in case of a falling market the amount repayable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another buyer and the Purchase Price of the Allottee if the current Sale Price is less than the Purchase Price. The balance amount of money paid by the Allottee shall, after the aforesaid deductions shall subject to clause 7.5(iii8.9(iii) below, below be returned by the Promoter promoter to the Allottee after selling the Unit to a new purchaser within 45 (forty-five) days of such cancellation or on transfer of cancellation. Once the Said Apartment said flat is resold to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable allottee and subject to the execution allottee executing necessary document for revocation of the Deed Sale Agreement executed by him/her with the Promoter for allotment/purchase of Cancellationflat and pay/borne all cost for execution and registration of that revocation document.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) If the cancellation happens due to defaults in payment by the Allottee as per Payment Plan in Schedule-C despite reasonable notice does not come forward for registration of the Cancellation/termination of the Agreement for sale, the Promoter shall become entitled to cancel the Agreement for sale by executing and registering the Cancellation Agreement himself/itsef and for this purpose the Allotee doth hereby grant the necessary power unto the Promoter to execute the said cancellation Agreement for and on his behalf as his Constituted Attorney.
(iv) It is clarified 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 4 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel / withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoterpromoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter promoter herein shall be is entitled to forfeit an the booking amount equal to paid for the Cancellation Charges allotment or 10% of the total consideration, whichever is higher and interest, other dues, if any, and the applicable GST payable on such Cancellation Chargescancellation charges. Further in case of a falling market the amount repayable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another buyer and the Purchase Price of the Allottee if the current Sale Price is less than the Purchase Price. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, after the aforesaid deductions shall be returned by the Promoter promoter to the Allottee within 45 (forty-five) days of such cancellation or on transfer of cancellation. Once the Said Apartment said flat is resold to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable allottee and subject to the execution allottee executing necessary document for revocation of the Deed Sale Agreement executed by him/her with the Promoter for allotment/purchase of Cancellationflat and pay/borne all cost for execution and registration of that revocation document.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) If the cancellation happens due to defaults in payment by the Allottee as per Payment Plan in Schedule-C and despite reasonable notice does not come forward for registration of the Cancellation/termination of the Agreement for sale, the Promoter shall become entitled to cancel the Agreement for sale by executing and registering the Cancellation Agreement himself/itsef and for this purpose the Allotee doth hereby grant the necessary power unto the Promoter to execute the said cancellation Agreement for and on his behalf as his Constituted Attorney.
(iv) It is clarified 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: Agreement for Sale, Agreement for Sale, Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter then herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in such event respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another allottee and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to exercise such right of termination only if on deal with and/or dispose off the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Said Apartment And Appurtenances in the Project is not less than the Total Price payable by the Allottee under this Agreement, manner it deems fit and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allotteeproper.
(iii) It is clarified 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
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said said Apartment to any other Apartment Acquirer, whichever is earlier. However However, may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 2 contracts
Samples: Sale Agreement, Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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.
(iv) Upon withdrawal or cancellation of allotment by the Allottee under this Agreement, the Promoter shall have the right to re-allot the Apartment to any third party thereafter and the prior allotment in favour of the Allottee will stand cancelled. All rights of the Allottee under any allotment letter issued or this Agreement shall also stand terminated.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel/withdraw his allotment in the Project as provided in the Act: Provided that Act subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (fortyhaving complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-five) days of such cancellation compliance or default on transfer the part of the Said Apartment Allottee to perform or comply with 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.
(ii) Where terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault default of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate under this Agreement, the Total Price then prevailing Promoter herein is entitled to forfeit the booking amount paid for transfer the allotment. The balance amount of an Apartment in money, if any, paid by the Project is not less than Allottee to the Promoter towards the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not only be returned by the Promoter to the Allottee within 45 days of such cancellation or within such further time as may be agreed between the parties. The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The GST paid by the Allottee shall be free refundable only if the Promoter receives refund/credit for the same from the concerned authorities. Such refund, if any, shall be made within 30 days of receipt/credit of GST. The Promoter shall not have any other liability or obligation whatsoever and shall be entitled to approach deal with, dispose of and/or sell the authorities concerned for refund said Apartment Unit to anyone else without any reference to the Allottee after the date of such taxes, charges, levies, cess, assessments and impositionstermination.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his its allotment in the Project as provided in the Act: . Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project Project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be is entitled to forfeit an amount equal to the sum of (i) 9.99% of the Total Price being the Booking Amount, (ii) all interest liabilities of the Allottee accrued till date of cancellation, (iii) brokerage paid to real estate agent/broker (if any) (iv) stipulated charges on account of dishonor of cheques, (v) administrative charges as per Promoter’s policy (collectively “Cancellation Charges Charges”) and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, shall be returned by the Promoter to the Allottee without interest within 45 (forty-five) days of such cancellation or on transfer upon resale of the Said Apartment to any other Apartment Acquirer, Designated Unit whichever is earlier. However may it be clarified that the balance amount shall be payable earlier subject to the execution and registration of the Deed of Cancellation.
(ii) Where Cancellation as mentioned hereinafter. The Allottee is also required to execute and present for registration a Deed of Cancellation of the allotment and the Allottee proposes hereby agrees to cancel/withdraw from the Project do so at his own cost and expenses without any fault claim charge and demand and only on registration of the Promoter then in such event Deed of Cancellation of allotment, shall the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision refund of the Promoter in this regard shall be final and binding on the Allotteebalance amount.
(iii) It is clarified 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 2 contracts
Samples: Sale Agreement, Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where Where the Allottee proposes to cancel/withdraw from the project without any fault of the PromoterDeveloper, the Allottee shall serve a 12 2 (twelvetwo) months’ notice in writing on the Promoter Developer and on the expiry of the said period the allotment shall stand cancelled and the Promoter Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, shall be returned by the Promoter Developer to the Allottee within 45 (forty-five) days 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.
(ii) ’. Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter Developer then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter Developer in this regard shall be final and binding on the Allottee.
(iii) . It is clarified 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 Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel / withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii8.8 (ii) below, below where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoterpromoter, the Allottee shall serve a 12 90 (twelveninety) monthsdays’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter promoter herein shall be is entitled to forfeit an amount equal to 10% of the Cancellation Charges consideration, interest and other dues payable and the applicable GST payable on such Cancellation Chargescancellation charges . Further in case of a falling market the amount repayable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Row House/Bungalow to another buyer and the Purchase Price of the Allottee if the current Sale Price is less than the Purchase Price. The balance amount of money paid by the Allottee shall, after the aforesaid deductions shall subject to clause 7.5(iii8.8(iii) below, below be returned by the Promoter promoter to the Allottee after selling the Unit to a new Allottee within 45 (forty-five) days of such cancellation or on transfer of cancellation. Once the Said Apartment said flat is resold to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable allottee and subject to the execution allottee executing necessary document for revocation of the Deed Sale Agreement executed by him/her with the Promoter for allotment/purchase of Cancellationflat and pay/borne all cost for execution and registration of that revocation document.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment Row House/Bungalow in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) If the cancellation happens due to defaults in payment by the Allottee as per Payment Plan in Schedule-C and despite reasonable notice does not come forward for registration of the Cancellation/termination of the Agreement for sale, the Promoter shall become entitled to cancel the Agreement for sale by executing and registering the Cancellation Agreement himself/itsef and for this purpose the Allotee doth hereby grant the necessary power unto the Promoter to execute the said cancellation Agreement for and on his behalf as his Constituted Attorney.
(iv) It is clarified 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 2 contracts
Samples: Agreement for Sale, Master Agreement for Sale
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: . Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter then in such event herein is entitled to forfeit 10% of the Unit Price being the booking amount (Booking Amount), paid for the allotment plus applicable taxes. The balance amount of money paid by the Allottee shall be entitled returned by the Promoter to exercise such right of termination only if on the date when the Allottee so expresses his intent without interest within 45 (forty five) days of such cancellation. However, in the event the Allottee is required by the Promoter to terminate this Agreementexecute and present for registration a Deed of Cancellation of allotment, the Total Price then prevailing for transfer Allottee hereby agrees to do so without any claim charge and demand and only on registration of an Apartment such Deed of Cancellation, shall the Allottee be refunded aforesaid balance amount. Such refund shall be made without any interest or compensation and all charges and expenses that may be incurred by the Promoter in making such refund shall be borne by the Project is not less than the Total Price payable Allottee. Upon withdrawal or cancellation of allotment by the Allottee under this Agreement, the Promoter shall have the right to re-allot the Apartment to any third party thereafter and the Allottee agree(s) and undertake(s) that the decision prior allotment in favour of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 Allottee will stand cancelled. All rights of the Allottee under any allotment letter issued or this Agreement shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsalso stand terminated.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel / withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii8.9 (ii) below, below where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoterpromoter, the Allottee shall serve a 12 90 (twelveninety) monthsdays’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter promoter herein shall be is entitled to forfeit an amount equal to 10% of the Cancellation Charges consideration, interest and other dues payable and the applicable GST payable on such Cancellation Chargescancellation charges . Further in case of a falling market the amount repayable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another buyer and the Purchase Price of the Allottee if the current Sale Price is less than the Purchase Price. The balance amount of money paid by the Allottee shall, after the aforesaid deductions shall subject to clause 7.5(iii8.9(iii) below, below be returned by the Promoter promoter to the Allottee after selling the Unit to a new Allottee within 45 (forty-five) days of such cancellation or on transfer of cancellation. Once the Said Apartment said flat is resold to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable allottee and subject to the execution allottee executing necessary document for revocation of the Deed Sale Agreement executed by him/her with the Promoter for allotment/purchase of Cancellationflat and pay/borne all cost for execution and registration of that revocation document.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) If the cancellation happens due to defaults in payment by the Allottee as per Payment Plan in Schedule-C and despite reasonable notice does not come forward for registration of the Cancellation/termination of the Agreement for sale, the Promoter shall become entitled to cancel the Agreement for sale by executing and registering the Cancellation Agreement himself/itsef and for this purpose the Allotee doth hereby grant the necessary power unto the Promoter to execute the said cancellation Agreement for and on his behalf as his Constituted Attorney.
(iv) It is clarified 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 2 contracts
Samples: Buyers Agreement, Agreement for Sale
Cancellation by Allottee. (i) The Allottee Allottees shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where Where the Allottee Allottees proposes to cancel/withdraw from the project without any fault of the PromoterSeller, the Allottee Allottees shall serve a 12 2 (twelvetwo) months’ notice in writing on the Promoter Seller and on the expiry of the said period the allotment shall stand cancelled and the Promoter Seller herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, Allottees shall be returned by the Promoter Seller to the Allottee Allottees within 45 (forty-five) days 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.
(ii) ’. Where the Allottee Allottees proposes to cancel/withdraw from the Project without any fault of the Promoter Seller then in such event the Allottee Allottees shall be entitled to exercise such right of termination only if on the date when the Allottee Allottees so expresses his intent to terminate this Agreement, the Total Price Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price Consideration of Apartment payable by the Allottee Allottees under this Agreement, and the Allottee Allottees agree(s) and undertake(s) that the decision of the Promoter Seller in this regard shall be final and binding on the Allottee.
(iii) Allottees. It is clarified 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.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) and 7.6 below, be returned by the Promoter and the Lessees to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 2 contracts
Samples: Sub Lease Agreement, Sub Lease Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: . Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter then in such event herein is entitled to forfeit the Booking Amount paid for the allotment plus applicable taxes. The balance amount of money paid by the Allottee shall be entitled returned by the Promoter to exercise such right of termination only if on the date when the Allottee so expresses his intent without interest within 45 (forty five) days of such cancellation and in such event all the amounts paid by the Allottee towards GST will be refunded (if permitted) in accordance to terminate the GST Laws applicable at the time of cancellation of this Agreement. However, in the event the Allottee is required by the Promoter to execute and present for registration a Deed of Cancellation of allotment, the Total Price then prevailing for transfer Allottee hereby agrees to do so without any claim charge and demand and only on registration of an Apartment such Deed of Cancellation, shall the Allottee be refunded aforesaid balance amount. Such refund shall be made without any interest or compensation and all charges and expenses that may be incurred by the Promoter in making such refund shall be borne by the Project is not less than the Total Price payable Allottee. Upon withdrawal or cancellation of allotment by the Allottee under this Agreement, the Promoter shall have the right to re-allot the Apartment to any third party thereafter and the Allottee agree(s) and undertake(s) that the decision prior allotment in favour of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 Allottee will stand cancelled. All rights of the Allottee under any allotment letter issued or this Agreement shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsalso stand terminated.
Appears in 2 contracts
Samples: Sale Agreement, Agreement for Sale
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 2 contracts
Samples: Sale Agreement, Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel / withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii7.5 (ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoterpromoter, the Allottee shall serve a 12 90 (twelveninety) monthsdays’ notice in writing on the Promoter and on the expiry of the said period period, the allotment shall stand cancelled and the Promoter promoter shall become entitled to deal with the said Unit and the promoter herein shall be is entitled to forfeit an amount equal to 10% of the Cancellation Charges consideration, interest and other dues payable and the applicable GST payable on such Cancellation Chargescancellation charges.Further in case of a falling market, the amount repayable will be further reduced by the extent of the difference in amount receivable on a fresh transfer of the Office unit to another buyer and the Purchase Price of the Allottee if the thenTransfer Price is less than the Purchase Price. The balance amount difference of the market price shall be deducted besides the 10% and GST as aforesaid and theamount of money paid by the Allottee shall, subject to clause 7.5(iii) below, after the aforesaid deductions shall be returned by the Promoter promoter to the Allottee after selling the Unit to a new Allottee within 45 (forty-five) days 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 Cancellationcancellation.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent intention to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment Office unit in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 1 contract
Samples: Sub Lease Agreement
Cancellation by Allottee. (ia) The Allottee Allottee/s can cancel/withdraw his Allotment, without any fault of the Promoter ,at any time before execution and registration of the Sale Deed of the Apartment (“Cancellation Period”) by sending a letter in writing to the Promoter requesting such cancellation and in that event the Promoter shall cancel the Allotment by issuing a letter (“Cancellation Letter”).
(b) Upon cancellation of the Allotment, the Promoter shall be entitled to forfeit the Booking Amount as cancellation charge (“Cancellation Charge”) and refund the balance, if any, without interest,also after deducting all sums due to the Promoter as per the Agreement, including interest due but remaining unpaid on the date of cancellation of this Agreement. All such payments shall be made after the Allottee/s has given in writing to the Promoter, a disclaimer that he/she/it has no claims against the Promoter in respect of the Apartment and has/have also returned to the Promoter, the Allotment Letter, this Agreement and all other documents issued by the Promoter in respect of the Apartment. In the event of non-issuance of disclaimer within 15 (fifteen) days of cancellation, it is deemed that he has given such consent and the balance payable after deduction in the manner as stated hereinabove, would be refunded within 45 (forty five) days from the date of cancellation pursuant to execution of a registered cancellation agreement and any other documents as may be required. It is however clarified that the statutory payments made by the Allottee/s will not be refunded. Further any tax payable towards refund of sums in the manner provided herein shall be to the account of the Allottee.
(c) In the event of cancellation, if any payment/refund is made by the Promoter to any bank/financial institution/lender in pursuance of any tripartite agreement or any other agreement entered into by the Promoter, Allottee/s and the lender, then all such payments shall be deemed to be refund made by the Promoter to the Allottee/s. All such payments/refund shall be treated as discharge by the Promoter of its obligations under this Agreement.
(d) In the event of cancellation, the Allottee/s shall have no right or interest on the Apartment and the Promoter shall be discharged of all its liabilities and obligations under this Agreement towards the Allottee/s whereupon the Promoter shall have the right to cancel/ withdraw his allotment deal with the Apartment in the Project manner in which it may deem fit.
(e) The cancellation shall be deemed effective on the date of issue of Cancellation Letter by the Promoter (“Deemed Effective date”). Receipt or encashment of refund, if any, shall not be a prerequisite for cancellation. Further, return of the original Allotment Letter, TOA, Agreement and other documents issued by the Promoter shall not be considered as provided a pre-requisite for effective cancellation of the Apartment by the Promoter.
(f) It is hereby expressly and unequivocally agreed between the Parties that in the Act: Provided that subject to clause 7.5(ii) belowevent of such cancellation of Allotment by the Allottee/s, where the Allottee proposes to cancel/withdraw apart from the project without any fault payment of the applicable Cancellation Charge, the Allottee/s and/or its successors-in-interest, shall and will be under an obligation from time to time and at all times thereafter, upon every request of the Promoter, to do and execute or cause to be done and executed all such acts deeds and things, including but not limited to the execution of a registered Cancellation Agreement, at the cost of the Allottee/s, for further or more perfectly assuring the right and interest of the Promoter in the Apartment, by way of relinquishing all its rights and interest in the Apartment and empowering/entitling it to deal with the same in the manner in which it may deem fit.
(g) The Allottee hereby irrevocably authorises the Promoter as its authorised person and constitutes the Promoter to be its lawful attorney to execute the Cancellation Agreement for and on behalf of the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry event of failure of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled Allottee to forfeit an amount equal to sign the Cancellation Charges and Agreement within 15( fifteen) days from the applicable GST payable on such Cancellation Charges. The balance amount date of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned notice by the Promoter to the Allottee within 45 (forty-five) days of such cancellation or on transfer of to sign the Said Apartment to any other Apartment Acquirer, whichever is earlierCancellation Agreement. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of The Cancellation Agreement so signed by the Promoter then in such event on behalf of the Allottee shall be entitled to exercise such right of termination only fully effective and valid as if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable signed by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allotteehimself/herself.
(iiih) It For the avoidance of doubt, it is clarified that on and from the Deemed Effective Date, this Agreement shall without any further act or deed stand cancelled and all amounts collected as taxesthe rights, chargestitle and interest of the Allottee/s under the Agreement shall cease to have any effect. Without prejudice to the aforesaid, 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 entitled but not obliged to approach take all steps as it may deem fit, including, unilaterally executing and registering any document, as may be permissible, in furtherance of the authorities concerned for refund cancellation in the event of such taxes, charges, levies, cess, assessments and impositionsfailure of the Allottee/s to execute the registered cancellation agreement.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (ia) The Allottee Allottee/s can cancel/withdraw his Allotment, without any fault of the Promoter ,at any time before execution and registration of the sale deed of the Apartment (“Cancellation Period”) by sending a letter in writing to the Promoter requesting such cancellation and in that event the Promoter shall cancel the Allotment by issuing a letter (“Cancellation Letter”).
(b) Upon cancellation of the Allotment, the Promoter shall be entitled to forfeit the Booking Amount as cancellation charge (“Cancellation Charge”) and refund the balance, if any, without interest,also after deducting all sums due to the Promoter as per the Agreement, including interest due but remaining unpaid on the date of cancellation of this Agreement. All such payments shall be made after the Allottee/s has given in writing to the Promoter, a disclaimer that he/she/it has no claims against the Promoter in respect of the Apartment and has/have also returned to the Promoter, the Allotment Letter, this Agreement and all other documents issued by the Promoter in respect of the Apartment. In the event of non-issuance of disclaimer within 15 (fifteen) days of cancellation, it is deemed that he has given such consent and the balance payable after deduction in the manner as stated hereinabove, would be refunded within 45 (forty five) days from the date of cancellation. against execution of a registered cancellation agreement. It is however clarified that the statutory payments made by the Allottee/s will not be refunded. Further any tax payable towards refund of sums in the manner provided herein shall be to the account of the Allottee.
(c) In the event of cancellation, if any payment/refund is made by the Promoter to any bank/financial institution/lender in pursuance of any tripartite agreement or any other agreement entered into by the Promoter, Allottee/s and the lender, then all such payments shall be deemed to be refund made by the Promoter to the Allottee/s. All such payments/refund shall be treated as discharge by the Promoter of its obligations under this Agreement.
(d) In the event of cancellation, the Allottee/s shall have no right or interest on the Apartment and the Promoter shall be discharged of all its liabilities and obligations under this Agreement towards the Allottee/s whereupon the Promoter shall have the right to cancel/ withdraw his allotment deal with the Apartment in the Project manner in which it may deem fit.
(e) The cancellation shall be deemed effective on the date of issue of Cancellation Letter by the Promoter (“Deemed Effective date”). Receipt or encashment of refund, if any, shall not be a prerequisite for cancellation. Further, r return of the original Allotment Letter, TOA, Agreement and other documents issued by the Promoter shall not be considered as provided a pre-requisite for effective cancellation of the Apartment by the Promoter.
(f) It is hereby expressly and unequivocally agreed between the Parties that in the Act: Provided that subject to clause 7.5(ii) belowevent of such cancellation of Allotment by the Allottee/s, where the Allottee proposes to cancel/withdraw apart from the project without any fault payment of the applicable Cancellation Charge, the Allottee/s and/or its successors-in-interest, shall and will be under an obligation from time to time and at all times thereafter, upon every request of the Promoter, to do and execute or cause to be done and executed all such acts deeds and things, including but not limited to the execution of a registered Cancellation Agreement, at the cost of the Allottee/s, for further or more perfectly assuring the right and interest of the Promoter in the Apartment, by way of relinquishing all its rights and interest in the Apartment and empowering/entitling it to deal with the same in the manner in which it may deem fit.
(g) The Allottee hereby irrevocably authorises the Promoter through its asuthorised person and constitutes the Promoter to be its lawful attorney to execute the Cancellation Agreement for and on behalf of the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry event of failure of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled Allottee to forfeit an amount equal to sign the Cancellation Charges and Agreement within 15( fifteen) days from the applicable GST payable on such Cancellation Charges. The balance amount date of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned notice by the Promoter to the Allottee within 45 (forty-five) days of such cancellation or on transfer of to sign the Said Apartment to any other Apartment Acquirer, whichever is earlierCancellation Agreement. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of The Cancellation Agreement so signed by the Promoter then in such event on behalf of the Allottee shall be entitled to exercise such right of termination only fully effective and valid as if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable signed by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allotteehimself/herself.
(iiih) It For the avoidance of doubt, it is clarified that on and from the Deemed Effective Date, this Agreement shall without any further act or deed stand cancelled and all amounts collected as taxesthe rights, chargestitle and interest of the Allottee/s under the Agreement shall cease to have any effect. Without prejudice to the aforesaid, 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 entitled but not obliged to approach take all steps as it may deem fit including unilaterally executing and registering any document, as may be permissible, in furtherance of the authorities concerned for refund cancellation in the event of such taxes, charges, levies, cess, assessments and impositionsfailure of the Allottee/s to execute the registered cancellation agreement.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: . Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/cancel/ withdraw from the project Project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be is entitled to forfeit an amount equal to the Cancellation Charges and Booking Amount paid for the allotment plus applicable GST payable on such Cancellation Chargestaxes. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, shall be returned by the Promoter to the Allottee without interest within 45 (forty-forty five) days of such cancellation or on transfer of and in such event all the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it amounts paid by the Allottee towards GST will be clarified that the balance amount shall be payable subject refunded (if permitted) in accordance to the execution GST Laws applicable at the time of cancellation of this Agreement. However, in the event the Allottee is required by the Promoter to execute and present for registration a Deed of Cancellation of allotment, the Allottee hereby agrees to do so without any claim charge and demand and only on registration of such Deed of Cancellation.
(ii) Where , shall the Allottee proposes to cancel/withdraw from the Project be refunded aforesaid balance amount. Such refund shall be made without any fault of interest or compensation and all charges and expenses that may be incurred by the Promoter then in making such event the Allottee refund shall be entitled to exercise such right borne by the Allottee. Upon withdrawal or cancellation of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable allotment by the Allottee under this Agreement, the Promoter shall have the right to re-allot the Apartment to any third party thereafter and the Allottee agree(s) and undertake(s) that the decision prior allotment in favour of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 Allottee will stand cancelled. All rights of the Allottee under any allotment letter issued or this Agreement shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsalso stand terminated.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the PromoterOwner, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter Owner and on the expiry of the said period the allotment shall stand cancelled and the Promoter Owner herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter Owner to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter Owner then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter Owner in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 Owner and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: . Provided that subject to clause 7.5(ii7.5 (i) below, where the Allottee Allottee(s) proposes to cancel/withdraw from the project Project without any fault of the Promoter, the Allottee Allottee(s) shall serve a ‘12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be is entitled to forfeit an amount equal to 10% of the Cancellation Charges and Total Price of the Apartment as mentioned in clause 1.2 hereinabove plus applicable GST payable on such Cancellation Chargestaxes. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that shall refund the balance amount by cheque/ demand draft. The Allottee(s) shall be payable subject at liberty to claim applicable taxes from the execution concerned authorities. The Allottee(s) acknowledge(s) that in the event of Allottee(s) terminating this Agreement for Sale for no default on the part of the Deed Promoter, the Promoter is bound to suffer huge loss in as much as the said Apartment having remained blocked for the Allottee(s) and as such, in the event the Allottee(s) terminating or cancelling this Agreement for Sale, the Allottee(s) waive(s) the right to claim refund of Cancellation.
(ii) balance amount until such time the Promoter has entered into another agreement with any other person or before the expiry of 45 days from the date of such termination, whichever event shall happen earlier. Where the Allottee proposes Allottee(s) propose(s) to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee Allottee(s) shall be entitled to exercise such right of termination only if on the date when the Allottee Allottee(s) so expresses his expresse(s) his/her/theeir intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee theAllottee(s) under this Agreement, and the Allottee Allottee(s) agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) Allottee(s). It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited including stamp duty, registration charges and incidental charges with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee Allottee(s) shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below), be returned by the Promoter and the Lessees to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 1 contract
Samples: Sub Lease Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where Where the Allottee proposes to cancel/withdraw from the project without any fault of the PromoterCo-owners / Developer, the Allottee shall serve a 12 2 (twelvetwo) months’ notice in writing on the Promoter Co-owners / Developer and on the expiry of the said period the allotment shall stand cancelled and the Promoter Co-owners / Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, shall be returned by the Promoter Co-owners / Developer to the Allottee within 45 (forty-five) days 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.
(ii) ’. Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter Co-owners / Developer then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter Co-owners / Developer in this regard shall be final and binding on the Allottee.
(iii) . It is clarified 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 Co-owners / Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable Consideration of Apartmentpayable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 1 contract
Samples: Agreement for Sale
Cancellation by Allottee. (i) 1. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days 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.
(ii) 2. Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) 3. It is clarified 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 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel / withdraw his allotment in the Project Block as provided in the Act: :
(i) Provided that subject to clause 7.5(ii8.8 (ii) below, below where the Allottee proposes to cancel/withdraw from the project Block without any fault of the PromoterDeveloper and the Associate Developer, the Allottee shall serve a 12 90 (twelveninety) months’ days‟ notice in writing on the Promoter Developer and the Associate Developer and on the expiry of the said period the allotment shall stand cancelled and the Promoter Developer and the Associate Developer herein shall be is entitled to forfeit an amount equal to 10% of the Cancellation Charges consideration and the applicable GST payable on such Cancellation Chargescancellation charges. Further in case of a falling market the amount repayable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another buyer and the Purchase Price of the Allottee if the current Sale Price is less than the Purchase Price. The balance amount of money paid by the Allottee shall, after the aforesaid deductions shall subject to clause 7.5(iii8.8(iii) below, below be returned by the Promoter Developer and the Associate Developer to the Allottee after selling the Unit to a new Allottee within 45 (forty-five) days of such cancellation or on transfer of cancellation. Once the Said Apartment said flat is resold to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable allottee and subject to the execution Allottee executing necessary document for revocation of the Deed Sale Agreement executed by him/her with the Developer and the Associate Developer for allotment/purchase of Cancellationflat and pay/borne all cost for execution and registration of that revocation document.
(ii) Where the Allottee proposes to cancel/withdraw from the Project Block without any fault of the Promoter Developer and the Associate Developer then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project Block is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 Developer and the Associate Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where Where the Allottee proposes to cancel/withdraw from the project without any fault of the PromoterVendor, the Allottee shall serve a 12 2 (twelvetwo) months’ notice in writing on the Promoter Vendor and on the expiry of the said period the allotment shall stand cancelled and the Promoter Vendor herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, shall be returned by the Promoter Vendor to the Allottee within 45 (forty-five) days 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.
(ii) ’. Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter Vendor then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter Vendor in this regard shall be final and binding on the Allottee.
(iii) . It is clarified 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 Vendor and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel/withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project Project without any fault of the Promoter, then subject to terms mentioned below, the Allottee shall serve a 12 45 (twelveforty five) monthsdays’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be is entitled to forfeit an the booking amount equal paid for the allotment along with all interest liabilities of the Allottee (in terms of Sec.19(6) and (7) of the Act) accrued till the date of such cancellation at such rate of interest that may be prescribed by the Authority from time to time (which rate applicable on the date of these presents is – SBI (1year MCLR)+2%) (“Cancellation Charges Charges”) and the applicable GST G.S.T. payable on such Cancellation Charges. The balance amount of money money, I f any, paid by the Allottee shall, subject to clause 7.5(iii) below, shall be returned by the Promoter to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earliercancellation. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is further clarified that all amounts collected and/or payable as taxes, charges, levies, cess, assessments and impositions GST and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free befree to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsGST.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where Where the Allottee proposes to cancel/withdraw from the project without any fault of the PromoterDeveloper, the Allottee shall serve a 12 2 (twelvetwo) months’ notice in writing on the Promoter Developer and on the expiry of the said period the allotment shall stand cancelled and the Promoter Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, shall be returned by the Promoter Developer to the Allottee within 45 (forty-five) days 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.
(ii) ’. Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter Developer then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price Consideration of Apartment then prevailing for transfer of an Apartment anApartment in the Project is not less than the Total Price Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter Developer in this regard shall be final and binding on the Allottee.
(iii) . It is clarified 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 Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his their allotment in the Project Said Complex as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project Said Complex without any fault of the PromoterPromoter or for any reason whatsoever, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal the Booking Amount (Said Apartment and Said Parking Space) paid for the provisional allotment and applicable taxes alongwith any interest liabilities of the Allottee to the Cancellation Charges and Promoter. After forfeiting the applicable GST payable on such Cancellation Charges. The amounts as aforesaid the balance amount amount, if any, of money paid by the Allottee shall, subject to clause 7.5(iii) below, shall be returned by the Promoter to the Allottee within 45 (forty-five) days of such cancellation cancellation. In case the Allotment of Flat, commercial units, and/or Parking space is made under any particular scheme/s or on transfer offer or the Allottee has availed the benefits of any offer/scheme related to the Project/ Complex, the Allottee hereby accepts and agrees that in the event of cancellation/opting out of the Said Apartment allotment for any reason whatsoever, the residential apartments, commercial units/shops and parking spaces (if any) provisionally allotted to such Allottee shall immediately stand released/withdrawn for further re-allotment by the Promoter, without any other Apartment Acquirerfurther reference to such Allottee and thereupon, whichever is earlier. However the benefits received or to be received under any offer/ scheme shall stand withdrawn and the general terms of cancellation (as may it be clarified that applicable) shall apply and the balance amount allottee shall be payable subject also become liable to pay to the execution of the Deed of Cancellation.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without Promoter any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable amount which may have been incurred by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on to any offer or scheme availed by the Allottee.
(iii) It is clarified 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 1 contract
Samples: Agreement for Sale
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel/withdraw his allotment in the Project as provided in the Act: Provided that Act subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (fortyhaving complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-five) days of such cancellation compliance or default on transfer the part of the Said Apartment Allottee to perform or comply with 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.
(ii) Where terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault default of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate under this Agreement, the Total Price then prevailing Promoter herein is entitled to forfeit the Expression of Interest Amount paid for transfer the allotment along with all interest liabilities of an Apartment the Allottee in terms of section 19 (6) and (7) of the Project is not less than Act, accrued till date of such cancellation at such rate of interest that may be prescribed by the Total Price payable authority from time to time. The balance amount of money, if any, paid by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of to the Promoter in this regard towards the Total Price/Agreed Consideration shall be final and binding on the Allottee.
(iii) It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not only be returned by the Promoter and to the Allottee without any interest, upon cancellation within 45 days from the date of cancellation/withdrawal from the Project or such further time as may be agreed between the Parties. It is expressly agreed that, the fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, brokerage etc. shall not be refundable under any circumstances in case of any cancellation of this Agreement for any reasons including under this clause. The Promoter shall not have any other liability or obligation whatsoever and shall be free entitled to approach deal with, dispose of and/or sell the authorities concerned for refund said Apartment Unit to anyone else without any reference to the Allottee after the date of such taxes, charges, levies, cess, assessments and impositionstermination.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel / withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii8.8 (ii) below, below where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoterpromoter, the Allottee shall serve a 12 90 (twelveninety) monthsdays’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter promoter herein shall be is entitled to forfeit an amount equal to 10% of the Cancellation Charges consideration, interest and other dues payable and the applicable GST payable on such Cancellation Chargescancellation charges . Further in case of a falling market the amount repayable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another buyer and the Purchase Price of the Allottee if the current Sale Price is less than the Purchase Price. The balance amount of money paid by the Allottee shall, after the aforesaid deductions shall subject to clause 7.5(iii8.8(iii) below, below be returned by the Promoter promoter to the Allottee after selling the Unit to a new Allottee within 45 (forty-five) days of such cancellation or on transfer of cancellation. Once the Said Apartment said flat is resold to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable allottee and subject to the execution allottee executing necessary document for revocation of the Deed Sale Agreement executed by him/her with the Promoter for allotment/purchase of Cancellationflat and pay/borne all cost for execution and registration of that revocation document.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) If the cancellation happens due to defaults in payment by the Allottee as per Payment Plan in Schedule-C and despite reasonable notice does not come forward for registration of the Cancellation/termination of the Agreement for sale, the Promoter shall become entitled to cancel the Agreement for sale by executing and registering the Cancellation Agreement himself/itsef and for this purpose the Allotee doth hereby grant the necessary power unto the Promoter to execute the said cancellation Agreement for and on his behalf as his Constituted Attorney.
(iv) It is clarified 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 1 contract
Samples: Agreement for Sale
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ months‟ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter thePromoter to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 1 contract
Samples: Partnership Agreement
Cancellation by Allottee. (ia) The Allottee Allottee/s can cancel/withdraw his Allotment, without any fault of the Promoter ,at any time before execution and registration of the Sale Deed of the Apartment (“Cancellation Period”) by sending a letter in writing to the Promoter requesting such cancellation and in that event the Promoter shall cancel the Allotment by issuing a letter (“Cancellation Letter”).
(b) Upon cancellation of the Allotment, the Promoter shall be entitled to forfeit the Booking Amount as cancellation charge (“Cancellation Charge”) and refund the balance, if any, without interest, also after deducting all sums due to the Promoter as per the Agreement, including interest due but remaining unpaid on the date of cancellation of this Agreement. All such payments shall be made after the Allottee/s has given in writing to the Promoter, a disclaimer that he/she/it has no claims against the Promoter in respect of the Apartment and has/have also returned to the Promoter, the Allotment Letter, this Agreement and all other documents issued by the Promoter in respect of the Apartment. In the event of non-issuance of disclaimer within 15 (fifteen) days of cancellation, it is deemed that he has given such consent and the balance payable after deduction in the manner as stated hereinabove, would be refunded within 45 (forty five) days from the date of cancellation pursuant to execution of a registered cancellation agreement and any other documents as may be required. It is however clarified that the statutory payments made by the Allottee/s will not be refunded. Further any tax payable towards refund of sums in the manner provided herein shall be to the account of the Allottee.
(c) In the event of cancellation, if any payment/refund is made by the Promoter to any bank/financial institution/lender in pursuance of any tripartite agreement or any other agreement entered into by the Promoter, Allottee/s and the lender, then all such payments shall be deemed to be refund made by the Promoter to the Allottee/s. All such payments/refund shall be treated as discharge by the Promoter of its obligations under this Agreement.
(d) In the event of cancellation, the Allottee/s shall have no right or interest on the Apartment and the Promoter shall be discharged of all its liabilities and obligations under this Agreement towards the Allottee/s whereupon the Promoter shall have the right to cancel/ withdraw his allotment deal with the Apartment in the Project manner in which it may deem fit.
(e) The cancellation shall be deemed effective on the date of issue of Cancellation Letter by the Promoter (“Deemed Effective date”). Receipt or encashment of refund, if any, shall not be a prerequisite for cancellation. Further, return of the original Allotment Letter, TOA, Agreement and other documents issued by the Promoter shall not be considered as provided a pre-requisite for effective cancellation of the Apartment by the Promoter.
(f) It is hereby expressly and unequivocally agreed between the Parties that in the Act: Provided that subject to clause 7.5(ii) belowevent of such cancellation of Allotment by the Allottee/s, where the Allottee proposes to cancel/withdraw apart from the project without any fault payment of the applicable Cancellation Charge, the Allottee/s and/or its successors-in-interest, shall and will be under an obligation from time to time and at all times thereafter, upon every request of the Promoter, to do and execute or cause to be done and executed all such acts deeds and things, including but not limited to the execution of a registered Cancellation Agreement, at the cost of the Allottee/s, for further or more perfectly assuring the right and interest of the Promoter in the Apartment, by way of relinquishing all its rights and interest in the Apartment and empowering/entitling it to deal with the same in the manner in which it may deem fit.
(g) The Allottee hereby irrevocably authorises the Promoter as its authorised person and constitutes the Promoter to be its lawful attorney to execute the Cancellation Agreement for and on behalf of the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry event of failure of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled Allottee to forfeit an amount equal to sign the Cancellation Charges and Agreement within 15( fifteen) days from the applicable GST payable on such Cancellation Charges. The balance amount date of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned notice by the Promoter to the Allottee within 45 (forty-five) days of such cancellation or on transfer of to sign the Said Apartment to any other Apartment Acquirer, whichever is earlierCancellation Agreement. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of The Cancellation Agreement so signed by the Promoter then in such event on behalf of the Allottee shall be entitled to exercise such right of termination only fully effective and valid as if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable signed by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allotteehimself/herself.
(iiih) It For the avoidance of doubt, it is clarified that on and from the Deemed Effective Date, this Agreement shall without any further act or deed stand cancelled and all amounts collected as taxesthe rights, chargestitle and interest of the Allottee/s under the Agreement shall cease to have any effect. Without prejudice to the aforesaid, 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 entitled but not obliged to approach take all steps as it may deem fit, including, unilaterally executing and registering any document, as may be permissible, in furtherance of the authorities concerned for refund cancellation in the event of such taxes, charges, levies, cess, assessments and impositionsfailure of the Allottee/s to execute the registered cancellation agreement.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/cancel/ withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/cancel/ withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) and 7.6 below, be returned by the Promoter and the Lessees to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price Premium of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price Premium of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 1 contract
Samples: Sub Lease Agreement
Cancellation by Allottee. (iThe Allottee(s) The Allottee shall have the right to cancel/ cancel/withdraw his allotment in the Project as provided in the Act: . Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelveAllottee(s) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event before completion of Project, the Allottee shall be Promoter herein is entitled to exercise such right forfeit the Booking Amount (i.e. 10% of termination only if Total Price of Apartment) paid for the allotment and all/any taxes, duties, cess, etc. deposited by the Promoter to the concerned department/ authority in respect of the said Apartment and all other penalties and interest liabilities of any nature whatsoever in respect of the said Apartment, as on the date when of such termination from the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable amounts paid by the Allottee under this Agreement, and till such date. In case the Allottee agree(scancellation is done within 6(six) and undertake(smonths from Date of Booking then the balance amount of money paid by the Allottee(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 to the Allottee(s) without any interest within forty-five days of such cancellation. In case the cancellation is done after 6 (six months) from the Date of Booking then the Balance amount shall be returned to the Allottee by the Promoter without any interest after sale of said Apartment to a new Allottee out of the amounts realized from such new Allottee. Cancellation by Allottee(s) after Completion Certificate: Notwithstanding anything contained anywhere in this Agreement, the Allottee shall not be free entitled to approach cancel /withdraw from the authorities concerned for refund Said Project after issue of such completion certificate. However the promoter may try to help the Allottee to sell/ dispose the said Flat at the entire risk and cost of the Allottee to any other person and after deduction of Booking amount, any overdue interest paid/ payable, holding charges, maintenance charges and other non refundable taxes, charges, levies, cesscesses etc. and costs & expenses incurred by the Promoter in the said transaction, assessments and impositionsrefund to the Allottee the balance remaining out of the sum paid by him out of the sale proceeds thereof without interest.
Appears in 1 contract
Samples: Agreement for Sale
Cancellation by Allottee. (i) The Allottee shall have the right 12.1 Subject to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) Clause 12.3 below, where in case of cancellation of this Agreement and withdrawal of the allotment by the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal the Booking Amount paid for the said allotment including any taxes that may have been applicable and accrued up to the Cancellation Charges and the applicable GST payable on such Cancellation Chargesperiod. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, shall be returned by the Promoter Promoter, without any interest thereon, to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirercancellation. However, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation.
(ii) 12.2 Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his his/her intent to terminate this Agreement, the Total Price Agreed Consideration then prevailing for transfer of an Apartment Unit in the Project is not less than the Total Price Agreed Consideration payable by the Allottee under this Agreement, and the Allottee agree(s) agrees and undertake(s) undertakes that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) 12.3 It is clarified 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.
12.4 Any payment/refund made to the Allottee shall be conclusive evidence of the discharge of liabilities on the part of the Promoter or its assignees. Termination/cancellation of this Agreement as provided in this Clause hereinabove, shall be conclusive when payment is made to the bank account as detailed in Schedule H. However, in case the Allottee has borrowed funds from a bank for purchasing the Said Unit, such payment/refund shall be made to the lending bank account as per the details provided by the Allottee.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel / withdraw his allotment in the Project theProject as provided in the Act: :
(i) Provided that subject to clause 7.5(ii8.7 (ii) below, below where the Allottee proposes to cancel/withdraw from the project theproject without any fault default of the Promoterpromoter as defined in Clause-11, the Allottee shall serve a 12 90 (twelveninety) monthsdays’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand shallstand cancelled and the Promoter promoter herein shall be is entitled to forfeit an amount equal to 10% of the Cancellation Charges consideration and the applicable GST payable on such Cancellation Chargescancellation charges. The balance amount of money paid by the Allottee shall, after the aforesaid deductions shall subject to clause 7.5(iii8.7 (iii) below, below be returned by the Promoter to the Allottee after selling the Unit to a new Allottee within 45 (forty-five) days of such cancellation or on transfer of cancellation. Once the Said Apartment said flat is resold to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable allottee and subject to allottee executing necessary document for revocation of theSale Agreement executed by him/her with the Promoter for allotment/purchase of flat and pay/borne allcost for execution and registration of the Deed of Cancellationthat revocation document.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault default of the Promoter then Promoterthen in such event the Allottee shall be entitled to exercise such right of termination only if on the date when datewhen the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for prevailingfor transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this underthis Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified that all amounts collected as GST and other, taxes, charges, levies, cess, assessments and impositions andimpositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter Promoteronly upon receipt of refund of the same from the concerned authorities and the Allottee shall be free to approach toapproach the authorities concerned for refund of such taxes, charges, levies, cess, assessments the same. The Promoter shall not be liable for refundof the amount of stamp duty and impositionsregistration fees.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel / withdraw his allotment in the Project as provided in the Act: :
(i) Provided that subject to clause 7.5(ii8.7 (ii) below, below where the Allottee proposes to cancel/withdraw from the project without any fault default of the Promoterpromoter as defined in Clause-11, the Allottee shall serve a 12 90 (twelveninety) monthsdays’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter promoter herein shall be is entitled to forfeit an amount equal to 10% of the Cancellation Charges consideration and the applicable GST payable on such Cancellation Chargescancellation charges. The balance amount of money paid by the Allottee shall, after the aforesaid deductions shall subject to clause 7.5(iii8.7 (iii) below, below be returned by the Promoter to the Allottee after selling the Unit to a new Allottee within 45 (forty-five) days of such cancellation or on transfer of cancellation. Once the Said Apartment said flat is resold to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable allottee and subject to the execution allottee executing necessary document for revocation of the Deed Sale Agreement executed by him/her with the Promoter for allotment/purchase of Cancellationflat and pay/borne all cost for execution and registration of that revocation document.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault default of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified that all amounts collected as stamp duty, registration fees, GST, taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter only upon receipt of refund of the same from the concerned authorities and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsthe same.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee Allottees shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where Where the Allottee Allottees proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee Allottees shall serve a 12 2 (twelvetwo) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, Allottees shall be returned by the Promoter to the Allottee Allottees within 45 (forty-five) days 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.
(ii) ’. Where the Allottee Allottees proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee Allottees shall be entitled to exercise such right of termination only if on the date when the Allottee Allottees so expresses his intent to terminate this Agreement, the Total Price Consideration of Apartment then prevailing for transfer of an Apartment anApartment in the Project is not less than the Total Price Consideration of Apartment payable by the Allottee Allottees under this Agreement, and the Allottee Allottees agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) Allottees. It is clarified 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.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Subject to what is stated herein this Agreement, the Allottee /s shall be entitled to terminate this Agreement if the possession of the Residential Flat is delayed by the Promoter beyond the Possession Date by giving a termination notice of thirty (30) days. The Promoter shall in such an event be liable to refund within forty-five (45) days the entire Consideration along with Interest on the amounts received from the date such amounts were received from the Allottee /s. Provided however the Allottee /s shall on receipt of the refund, execute such documents and writings as may be required by the Promoter to provide valid discharges to the Promoter. Provided that subject to clause 7.5(ii) below, where the Allottee allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. Cancellation by Promoter:
i. In the event of the Allottee /s committing a breach of any of the terms and conditions of this Agreement and pursuant to a written notice from the Promoter for rectification/remedy of the default, fail(s) to rectify such breach within a period of thirty (30) days to the satisfaction of the Promoter, the Allottee Promoter shall serve a 12 (twelve) months’ be at liberty to terminate this Agreement by giving termination notice in writing on which event, the consequences set out below shall follow. The Allottee /s shall cease to have any right or interest in the said Residential Flat and every part thereof and will cease to have benefits of this Agreement;
ii. the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal allot/transfer the said Residential Flat at such consideration and on the terms and conditions to such other person or party as the Promoter may in their absolute discretion deem fit;
iii. The Promoter shall within forty-five (45) days of the termination coming into effect, refund without interest to the Cancellation Charges and Allottee /s herein the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject /s to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in pursuance of this regard shall be final and binding on Agreement after deducting therefrom the Allottee.
(iii) It is clarified 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.following:
Appears in 1 contract
Samples: Agreement for Allotment of Apartment
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel / withdraw his allotment in the Project as provided in the Act: :
(i) Provided that subject to clause 7.5(ii8.7 (ii) below, below where the Allottee proposes to cancel/withdraw from the project without any fault default of the Promoterpromoters as defined in Clause-11, the Allottee shall serve a 12 90 (twelveninety) monthsdays’ notice in writing on the Promoter Promoters and on the expiry of the said period the allotment shall stand cancelled and the Promoter promoters herein shall be are entitled to forfeit an amount equal to 10% of the Cancellation Charges consideration and the applicable GST payable on such Cancellation Chargescancellation charges. The balance amount of money paid by the Allottee shall, after the aforesaid deductions shall subject to clause 7.5(iii8.7 (iii) below, below be returned by the Promoter to the Allottee after selling the Unit to a new Allottee within 45 (forty-five) days of such cancellation or on transfer of cancellation. Once the Said Apartment said flat is resold to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable allottee and subject to the execution allottee executing necessary document for revocation of the Deed Sale Agreement executed by him/her with the Promoters for allotment/purchase of Cancellationflat and pay/borne all cost for execution and registration of that revocation document.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault default of the Promoter Promoters then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified that all amounts collected as GST and other, taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter Promoters only upon receipt of refund of the same from the concerned authorities and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments the same. The Promoters shall not be liable for refund of the amount of stamp duty and impositionsregistration fees.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel / withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/cancel / withdraw from the project Project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be is entitled to forfeit an amount equal the Booking Amount paid for the allotment and interest component on delayed payment ( payable by the Allottee for breach of Agreement and non-payment of any due to the Cancellation Charges and Promoter). The rate of interest payable by the applicable GST payable on such Cancellation ChargesAllottee to the Promoter shall be the State Bank of India highest marginal cost of lending rate plus 2% (two percent). The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, shall be returned by Promoter to the Allottee, within 90 (ninety) days of such cancellation. Refund of money and interest at such rate as may be prescribed, payment of interest at such rate as may be prescribed or payment of compensation– The Promoter shall compensate the Allottee in case of any loss caused to him / her / them due to defective title of the Said Land, on which the Project is being developed or has been developed, in the manner as provided under the Act and the claim for interest and compensation under this provision shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a force majeure event, court orders, government policy / guidelines, decisions, if the Promoter fails to complete or is unable to give possession of the Apartment: in accordance with the terms of this Agreement, duly completed by the date specified in para 7.1 of this Agreement; or due to discontinuance of its business as a developer on account of suspension or revocation of the registration under the Act; or for any other reason; the Promoter shall be liable, on demand to the Allottee, in case the Allottee wishes to withdraw from the Project, without prejudice to any other remedy available, to return the total amount received by the Promoter in respect of the Apartment, along with interest at the rate prescribed in the Rules including compensation in the manner as provided under the Act, within 90 (ninety) days of it becoming due. In case the abovementioned obligation is not complied with by the Promoter: the Authority shall have the right to order to return the total amount received by the Promoter in respect of the Apartment, with interest at the rate prescribed in the Rules in case the Allottee wishes to withdraw from the Project; in case Xxxxxxxx claims compensation in this regard he/she/them may make an application for adjudging compensation to the adjudicating officer who shall order quantum of compensation having due regards to the factors in Section 72 of the Act. if the Allottee does not intent to withdraw from the Project, the Authority may order the Promoter to pay the interest to the Allottee at the rate prescribed in the Rules for every month of delay till the offer of possession of the Apartment. Timelines for refund of amount and interest at such rate as may be prescribed and payment of interest at such rate as may be prescribed in Rule 16. Provided that if the Allottee does not intend to withdraw from the Project, the Promoter shall pay the Allottee interest at the rate prescribed in the Rules for every month of delay, till the offer of the possession of the Apartment, which shall be paid by the Promoter to the Allottee within 45 90 (forty-fiveninety) days 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 Cancellationbecoming due.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee Allotee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where . Where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, Vendor/ Developer the Allottee shall serve a 12 2 (twelvetwo) months’ ' notice in writing on the Promoter Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Promoter Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, shall be returned by the Promoter Vendor / Developer to the Allottee within 45 (forty-five) days 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.
(ii) ' Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter Vendor/ Developer then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Price Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter Vendor/ Developer in this regard shall be final and binding on the Allottee.
(iii) . It is clarified 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 Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel/withdraw his allotment in the Project as provided in the Act: Provided that Act subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (fortyhaving complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-five) days of such cancellation compliance or default on transfer the part of the Said Apartment Allottee to perform or comply with 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.
(ii) Where terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any fault default of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate under this Agreement, the Total Price then prevailing Promoter herein is entitled to forfeit the Booking Amount paid for transfer the allotment. The balance amount of an Apartment in the Project is not less than the Total Price payable money, if any, paid by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of to the Promoter in this regard towards the Total Price/Agreed Premium shall be final and binding on the Allottee.
(iii) It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not only be returned by the Promoter to the Allottee without any interest upon cancellation within such time as may be agreed between the parties. Further, in case of a falling market, the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sub-lease of the said Apartment to another allottee and the Total Price/Agreed Premium of the Allottee if the current Total Price/Agreed Premium is more than the fresh sub-lease premium. The liability of the Promoter to refund any amount to the Allottee shall arise only upon execution and registration of a Cancellation Agreement at the costs of the Allottee. It is expressly agreed that the fees and expenses relating to this Agreement including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, brokerage etc. shall not be free refundable under any circumstances in case of any cancellation of this Agreement for any reason including under this clause. The Promoter shall not have any other liability or obligation whatsoever and shall be entitled to approach sub- lease the authorities concerned for refund said Apartment Unit to anyone else without any reference to the Allottee after the date of such taxes, charges, levies, cess, assessments and impositionstermination.
Appears in 1 contract
Samples: Sub Lease Agreement
Cancellation by Allottee. (i) The Allottee clause 7.5 hereinabove shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that be subject to clause 7.5(ii) below, where the condition that as and when the Allottee proposes to cancel/withdraw from the project without any fault of the Promotercancel this Agreement, the Allottee it shall serve a 12 (twelve) months’ notice in writing on to the Promoter and on the expiry of the said period period, the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirerallottee, whichever is earlier. However may it be It being clarified that instead of the Booking Amount, the Promoter shall be entitled to deduct Cancellation Charges which shall include (i) the Booking Amount; (ii) all interest liabilities of the Allottees accrued till the date of cancellation; (iii) brokerage paid to real estate agent/channel partner/broker, if any; (iv) the stipulated charges on account of dishonour of cheque; (v) administrative charges as per Promoter’s policy; and (vi) amount of stamp duty and registration charges to be paid/paid on the Deed of Cancellation of this Agreement, and shall be entitled to forfeit a further sum on account of GST payable on cancellation charges and the balance amount shall be payable subject to the execution of the Deed of Cancellation.
(ii) Where . However, it is clarified that the Allottee proposes balance amount shall be payable subject to cancel/withdraw from the Project without any fault execution and registration of the Promoter then in such event the Allottee shall be entitled to exercise such right Deed of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified Cancellation. Provided further 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 concerned authorities concerned and pursue for refund of such taxes, charges, levies, cess, assessments and impositions.
Appears in 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days 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.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Consideration of Apartment Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a 12 (twelve) months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to clause 7.5(iii) below, be returned by the Promoter to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However it may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified 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 1 contract
Samples: Sale Agreement
Cancellation by Allottee. (i) The Allottee shall have the right to cancel/ cancel / withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 7.5(ii) below, where the Allottee allottee proposes to cancel/cancel / withdraw from the project Project without any fault of the Promoter, then subject to terms mentioned below, the Allottee shall serve a 12 45 (twelveforty five) monthsdays’ notice in writing on to the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein shall be is entitled to forfeit an the booking amount equal paid for the allotment and claim interest and compensation from the Allottee (in terms of Sec. 19 (6) and (7) of the Act) accrued till the date of such cancellation at such rate of interest that may be prescribed by the Authority from time to time (which rate applicable on the date of these presents is – SBI (1 year MCLR + 2%) (“Cancellation Charges Charges”) and the applicable GST G.S.T. payable on such Cancellation Charges. The balance amount of money money, if any, paid by the Allottee shall, subject to clause 7.5(iii) below, shall be returned by the Promoter to the Allottee within 45 (forty-five) days of such cancellation without interest or on transfer compensation or damages, and only out of the Said Apartment amounts received by the Promoter after sale of the said Unit to any other Apartment Acquirer, whichever is earlierinterested person. However may it be clarified that Such refund of the balance amount shall be payable subject to the execution of the Deed of Cancellation.
(ii) Where the Allottee proposes to cancel/withdraw from the Project without any fault of money by the Promoter then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable include any amount paid by the Allottee under this Agreement, and on account of Taxes paid by the Allottee agree(s) and/or stamp duty and undertake(s) that the decision of the Promoter in this regard shall be final and binding on the Allottee.
(iii) It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned registration charges incurred by the Promoter Allottee and the Allottee shall be free to approach the authorities concerned for refund of such taxesTaxes and all registration expenses including stamp duty. The Allottee shall, chargesat his own costs and expenses, levies, cess, assessments and impositionsexecute all necessary cancellation related documents as required by the Promoter.
Appears in 1 contract
Samples: Sale Agreement