Cancellation by the Allottee. 7.5.1 The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that subject to clause 6.5(ii) below, where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Allottee shall serve a six (6) 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 the Booking amount equal to ten (10) percent of the consideration for the Allotted Apartment and deduct from the balance consideration all interest liabilities of the Allottee accrued till the date of cancellation and brokerage paid to the real estate agent/broker, if any and amount of stamp duty, registration fee and allied expenses to be paid/paid on deed of cancellation of this agreement and the applicable GST payable on such amounts. The balance amount of money paid by the Allottee shall, subject to clause 7.5.3 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.
7.5.2 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 Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Consideration of Apartment payable by the Allotteeunder 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.
7.5.3 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.
Cancellation by the Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act;
Cancellation by the Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act, provided that where the Allottee proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the Booking Amount or the actual amount paid, whichever is higher, in the manner set out in Paragraph 9.3 (v) herein below. Taxes, cess, levies, charges, stamp duty, registration charges etc. paid on all such amounts shall not be refunded to the Allottee.
Cancellation by the Allottee. In case, 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 exerciswwe such right of termination only if on the date when the Allottee so expresses his intent to terminate or terminates this Agreement, the Total Consideration of Allotted Apartment then prevailing for sale thereof is found to be not less than the Total Consideration of the Allotted Apartment payable by the Allottee under this Agreement and the Allottee agrees and undertakes that the decision of the Promoter in this regard shall be final and binding on the Allottee. It is further expressly agreed that if the Promoter assesses the then prevailing sale value/consideration of the Allotted Apartment to be less than the amount of consideration agreed to be paid by the Allottee hereunder then and in such event the Promoter shall forfeit, in addition the amounts mentioned in clause
7.5.1 of Section-III of this agreement, the differential amount of sale price and the consideration agreed to be paid by the Allottee hereunder instead of Booking amount as stated in Clause 7.5.1 of this agreement.
Cancellation by the Allottee. The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act. Provided that where the 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 being 10 % of the Total Sale Price (“Xxxxxxx Money”). The balance amount of money paid by the Allottee (subject to deduction of taxes and other outgoing charges already paid by the Promoter and the penalty charges, if any) shall be returned by the Promoter to the Allottee without interest within 45 days of such cancellation.
Cancellation by the Allottee. (s) – The Allottee(s) shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act; Provided that where the Allottee(s) proposes to cancel / withdraw from the project without any fault of the SUB LESSOR / PROMOTER, the SUB LESSOR / PROMOTER herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the Allottee(s) shall be returned by the SUB LESSOR / PROMOTER to the Allottee(s) within 45 days of such cancellation without payment of any interest.
5.4.1. It hereby agreed between the parties hereto that upon receipt of the above mentioned refund amount by way of cheque whether encashed or not by the Allottee(s) shall be construed as the payment of full and final refund of the cancellation amount by the SUB LESSOR / PROMOTER and there shall be no further refund liability on the SUB LESSOR / PROMOTER in any manner whatsoever. That subject to termination of this Agreement and receipt of the statutory refund the Allottee(s) shall have no right, title, interest, claim, demand or whatsoever dispute of any nature either against the SUB LESSOR / PROMOTER or against the subject Unit of this Agreement and in furtherance to the same the SUB LESSOR / PROMOTER reserves the unilateral right to execute and register the Deed of Cancellation, without the Allottee(s) being a signatory thereto and the Allottee(s) shall not raise any objection or dispute for the same. That upon registration of the Deed of Cancellation the SUB LESSOR / PROMOTER shall have the express power and authority to re-allot the Unit under this Agreement in favour of any Party of its choice without any reference/recourse to such Allottee(s). The Allottee(s)’s claim shall only be restricted to the statutory refund amount.
Cancellation by the Allottee. (i) The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act, provided that where the Allottee proposes to cancel/withdraw from the Project without any fault of the Owner, the Owner herein is entitled to forfeit the Booking Amount in the manner set out in this Agreement. Taxes, Cess, levies, GST, charges, interest, stamp duty, registration charges etc. paid (both on the Agreement for Sale and on the Cancellation Agreement) on all such amounts shall not be refunded to the Allottee.
(ii) Refund shall be payable by the Owner only upon registration of the cancellation agreement by the Allottee which shall be at the cost of the Allottee.
Cancellation by the Allottee. (s) – The Allottee(s) shall have the right to cancel/withdraw his/her/their allotment in the Project as provided in the Act: Provided that where the Allottee(s) propose/s to cancel/withdraw from the Project without any fault of the Developer/Promoter, the Developer/Promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the Allottee(s) shall be refunded by the Developer/Promoter to the Allottee(s) within 45 (forty five) days of such cancellation.
Cancellation by the Allottee. 7.5.1 The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the project without any fault of the Promoter, the Promoter shall be entitled to forfeit the Booking amount equal to ten (10) percent of the consideration for the Allotted Apartment and deduct from the balance consideration all interest liabilities of the Allottee accrued till the date of cancellation and legal charges paid to the Promoter and/or its Advocates and the amount of stamp duty, registration fee and allied expenses and incidentals and legal charges payable on deed of cancellation of this agreement and the applicable GST payable on such amounts. The balance amount of money paid by the Allottee shall be returned by the Promoter to the Allottee without interest within 45 (forty-five) days of such cancellation. 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.
Cancellation by the Allottee. 7.5.1 The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the 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 and the interest liabilities. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 45 days of such cancellation and this Agreement shall thereupon stand terminated. 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 deal with and/or dispose off the Said Apartment And Appurtenances in the manner it deems fit and proper
