CONSTRUCTION OF THE APARTMENT. 5.1 The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Apartment and accepted the floor plan, payment plan annexed to this Agreement and the specifications, amenities and facilities as described in the Seventh Schedule, which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the bye-laws, floor area ratio and density norms and provisions prescribed by Applicable Laws in the State of West Bengal, and shall not have an option to make any variation /alteration / modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of the Agreement. 5.2 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at the Seventh Schedule hereunder written (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the Apartment, without the previous written consent of the Allottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act or as may be required by competent authorities or due to change in law. 5.3 The Promoter shall confirm the final Carpet Area that has been allotted to the Allottee after the construction of the Building has been completed and the completion certificate has been granted by the competent authority, by furnishing details of the changes, if any, in the Carpet Area. The total price payable for the Carpet Area shall be recalculated upon confirmation by the Promoter. If there is reduction in the Carpet Area then the Promoter shall refund the excess money paid by the Allottee within 45 (forty five) days with annual interest at the rate of State Bank of India Prime Lending Rate plus 2% (two percent) per annum, as prescribed in the Rules, from the date when such an excess amount was paid by the Allottee, after deduction of such other tax/levy as may be applicable. If there is any increase in the Carpet Area, which is not more than 3% (three percent) of the Carpet Area of the Apartment, the Promoter may demand that from the Allottee as per the next milestone of the Payment Plan as provided in the Sixth Schedule hereunder written. All these monetary adjustments shall be made at the same rate per square feet as specified in the Payment Plan. 5.4 It is made clear by the Promoter and the Allottee agrees that the Apartment along with garage/ parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the Said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. 5.5 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act. 5.6 The Promoter has assured the Allottee that the Project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act, 1972. The Promoter is in compliance of various laws/regulations as applicable in the State of West Bengal.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
CONSTRUCTION OF THE APARTMENT. 5.1 The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Apartment and accepted the floor plan, payment plan annexed to this Agreement and the specifications, amenities and facilities as described in the Seventh Schedulefacilities, annexed to this Agreement, which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the bye-laws, floor area ratio and density norms and provisions prescribed by Applicable Laws in the State of West Bengal, and shall not have an option to make any variation /alteration / modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of the Agreement.
5.2 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at the Seventh Schedule hereunder written (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the Apartment, without the previous written consent of the Allottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act or as may be required by competent authorities or due to change in law.
5.3 The Promoter shall confirm the final Carpet Area that has been allotted to the Allottee after the construction of the Building has been completed and the completion certificate has been granted by the competent authority, by furnishing details of the changes, if any, in the Carpet Area. The total price payable for the Carpet Area shall be recalculated upon confirmation by the Promoter. If there is reduction in the Carpet Area then the Promoter shall refund the excess money paid by the Allottee within 45 (forty five) days with annual interest at the rate of State Bank of India Prime Lending Rate plus 2% (two percent) per annum, as prescribed in Rule 18 of the Rules, from the date when such an excess amount was paid by the Allottee, after deduction of such other tax/levy as may be applicable. If there is any increase in the Carpet Area, which is not more than 3% (three percent) of the Carpet Area of the Apartment, the Promoter may demand that from the Allottee as per the next milestone of the Payment Plan as provided in the Sixth Schedule hereunder written. All these monetary adjustments shall be made at the same rate per square feet as specified in the Payment PlanClause 3.1 above.
5.4 It is made clear by the Promoter and the Allottee agrees that the Apartment along with garage/ [•] car parking space shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the Said Land and is comprised within the Complex and the Project is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project.
5.5 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act.
5.6 The Promoter has assured the Allottee that the Project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act, 1972. The Promoter is in compliance of various laws/regulations as applicable in the State of West Bengal.
Appears in 1 contract
Samples: Sale Agreement
CONSTRUCTION OF THE APARTMENT. 5.1 The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Apartment and accepted the floor plan, payment plan annexed to this Agreement and the specifications, amenities and facilities as described in the Seventh Schedulefacilities, annexed to this Agreement, which has have been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the bye-laws, floor area ratio and density norms and provisions prescribed by Applicable Laws in the State of West Bengal, and shall not have an option to make any variation /alteration / modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of the Agreement.
5.2 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at in the Seventh Ninth Schedule hereunder written (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale the lease is effected) in respect of the Apartment, without the previous written consent of the Allottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act or as may be required by competent authorities or due to change in law.
5.3 The Promoter shall not entertain any request for modification in the internal layouts, fittings/ floorings etc. of the Apartment or in the exterior facade of the Building. No reimbursement or deduction in consideration of the Apartment shall be made by the Promoter in case the Allottee is desirous (with prior written approval of the Promoter) of doing any work/ installing different fittings /floorings etc. within the Apartment, at its own cost and expense. Further, the Allottee shall not make any permanent or temporary construction in the Apartment without obtaining the prior written permission of the Promoter.
5.4 The Promoter shall give to the Allottee, the right to carry out interior works inside the Apartment, one (1) month prior to the proposed date of notice of possession to be given by the Promoter in accordance with the terms hereof. Provided that, the Allottee may request the Promoter to carry out such interior works, for such additional cost as may be mutually agreed by the Parties.
5.5 The Promoter shall confirm the final Carpet Area that has been allotted to the Allottee after the construction of the Building has been completed and the completion certificate has been granted by the competent authority, by furnishing details of the changes, if any, in the Carpet Area. The total price consideration payable for the Carpet Area shall be recalculated upon confirmation by the Promoter. If there is reduction in the Carpet Area then the Promoter shall refund the excess money paid by the Allottee within 45 (forty five) days with annual interest at the rate of State Bank of India Prime Lending Rate plus 2% (two percent) per annum, as prescribed in Rule 18 of the Rules, from the date when such an excess amount was paid by the Allottee, after deduction of such other tax/levy as may be applicable. If there is any increase in the Carpet Area, which is not more than 3% (three percent) of the Carpet Area of the Apartment, the Promoter may demand that from the Allottee as per the next milestone of the Payment Plan as provided in the Sixth Eighth Schedule hereunder written. All these monetary adjustments shall be made at the same rate per square feet as specified in the Payment PlanClause 3.1 above.
5.4 5.6 It is made clear by the Promoter and the Allottee agrees that the Apartment said apartment along with garage/ [•] car parking space shall be treated as a single indivisible unit for all purposes.
5.7 The Parties hereby agree and acknowledge that the Project is a residential project comprised within Shristinagar. It is agreed that Further, the Project is an independent, self-contained Project project covering the Said Land and is not a part of any other project or zone and Land. Save as provided hereinabove, the Project shall not form a part of and/or be linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the AllotteeAllottee and maintenance of common areas of integrated township. It is clarified that Project’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the ProjectProject in the manner provided in this Agreement.
5.5 5.8 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has have been approved by the competent authority(ies) and disclosed, except for as provided in the Act.
5.6 5.9 The Promoter has assured the Allottee that the Project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act, 1972. The Promoter is in compliance of various laws/regulations as applicable in the State of West Bengal.
Appears in 1 contract
Samples: Lease Agreement
CONSTRUCTION OF THE APARTMENT. 5.1 5.1. The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Apartment and accepted the floor plan, payment plan annexed to this Agreement and the specifications, amenities and facilities as described in the Seventh Schedulefacilities, annexed to this Agreement, which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project Phase IA in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also to strictly abide by the bye-laws, floor area ratio and density norms and provisions prescribed by Applicable Laws in the State of West Bengal, and shall not have an option to make any variation /alteration / modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of the Agreement.
5.2 5.2. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at in the Seventh Schedule hereunder written (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the Apartment, without the previous written consent of the Allottee as per the provisions of the Act. Provided that that, the Promoter may make such minor additions or alterations to the layout of the apartment and/or the specifications or the nature of fixtures, fittings and amenities described herein in the Seventh Schedule: (a) as may be required by expedient (subject to the Allotteethreshold provided in Clause 5.5 below), or such minor changes or alterations (b) as per the provisions of the Act Act, or (c) as may be required by competent authorities authorities, or (d) as may be required due to change in law, or (e) as may be required due to non-availability of specified materials, or (f) as may be required due to engineering exigencies and/or to improve or protect the quality of the Project.
5.3 5.3. Subject to Applicable Laws, during the construction of the said Apartment, if the Allottee desires to have any additional modification or changes in the specifications of the said Apartment, the Allottee shall communicate the same to the Promoter in writing, and if the Promoter agrees to such modifications or changes it shall then estimate the tentative cost (hereinafter referred to as “Additional Cost”) to be incurred for such modifications or changes and intimate the amount of the Additional Cost to the Allottee. The Promoter shall carry out such modifications or changes in the said Apartment only after receiving the estimated Additional Cost over and above the Total Price, and the Additional Cost shall under no circumstances be assumed to be part of the Total Price. Provided that, any decision as to additional modification or changes in the specifications of the said Apartment are subject to the sole discretion of the Promoter which shall be final and binding on the Allottee.
5.4. Upon the written request of the Allottee, the Promoter, at its sole discretion, may agree to provide the Allottee with the Apartment in stripped down condition and allow such proportionate deduction in price as it may deem fit, for the fittings and fixtures not provided by the Promoter, provided that, the Allottee shall be obliged to adhere to the layout plan provided by the Promoter on completing the Apartment. However, all statutory charges payable to the concerned authority for any change in the plans will have to be borne by the Allottee.
5.5. The Promoter shall confirm the final Carpet Area that has been allotted to the Allottee after the construction of the Building has been completed and the completion certificate has been granted by the competent authority, by furnishing details of the changes, if any, in the Carpet Area. The total price payable for the Carpet Area shall be recalculated upon confirmation by the Promoter. If there is reduction in the Carpet Area then the Promoter shall refund the excess money paid by the Allottee within 45 (forty five) days with annual interest at the rate of State Bank of India Prime Lending Rate plus 2% (two percent) per annum, as prescribed in Rule 18 of the Rules, from the date when such an excess amount was paid by the Allottee, after deduction of such other tax/levy as may be applicable. If there is any increase in the Carpet Area, which is not more than 3% (three percent) of the Carpet Area of the Apartment, the Promoter may demand that from the Allottee as per the next milestone of the Payment Plan as provided in the Sixth Schedule hereunder written. All these monetary adjustments shall be made at the same rate per square feet as specified in the Payment PlanSixth Schedule.
5.4 5.6. It is made clear by the Promoter and the Allottee agrees that the Apartment apartment along with garage/ [•] car parking shall be treated as a single indivisible unit for all purposes. It The Parties hereby agree and acknowledge that the Project is agreed that a residential project comprised within the Township. Further, the Project is an independent, self-contained Project project covering the Said Land and is not a part of any other project or zone and Land. Save as provided hereinabove, the Project shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the ProjectProject in the manner provided in this Agreement.
5.5 5.7. The Promoter undertakes that that, save as otherwise provided herein, it has no right to make additions or to put up additional structure(s) anywhere in the Project Phase IA after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for (a) as provided in the Act, or (b) as may be necessary to provide any essential services to the Project, or (c) as may be mandated by any competent authorities under Applicable Laws.
5.6 The Promoter has assured the Allottee that the Project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act, 1972. The Promoter is in compliance of various laws/regulations as applicable in the State of West Bengal.
Appears in 1 contract
Samples: Sale Agreement
CONSTRUCTION OF THE APARTMENT. 5.1 The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Apartment and accepted the floor plan, payment plan annexed to this Agreement and the specifications, amenities and facilities as described in the Seventh Schedulefacilities, annexed to this Agreement, which has been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the bye-laws, floor area ratio and density norms and provisions prescribed by Applicable Laws in the State of West Bengal, and shall not have an option to make any variation /alteration / modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of the Agreement.
5.2 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at the inthe Seventh Schedule hereunder written (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the Apartment, without the previous written consent of the Allottee as per the provisions of the Act. Provided that that, the Promoter may make such minor additions or alterations to the layout of the apartment and/or the specifications or the nature of fixtures, fittings and amenities described herein in the Seventh Schedule:(a) as may be required by expedient (subject to the Allotteethreshold provided in Clause 5.5 below), or such minor changes or alterations (b) as per the provisions of the Act Act, or (c) as may be required by competent authorities authorities, or (d) as may be required due to change in law, or (e) as may be required due to non- availability of specified materials, or (f) as may be required due to engineering exigencies and/or to improve or protect the quality of the Project.
5.3 Subject to Applicable Laws, during the construction of the said Apartment, if the Allottee desires to have any additional modification or changes in the specifications of the said Apartment, the Allottee shall communicate the same to the Promoter in writing, and if the Promoter agrees to such modifications or changes it shall then estimate the tentative cost (hereinafter referred to as “Additional Cost”) to be incurred for such modifications or changes and intimate the amount of the Additional Cost to the Allottee. The Promoter shall carry out such modifications or changes in the said Apartment only after receiving the estimated Additional Cost over and above the Total Price, and the Additional Cost shall under no circumstances be assumed to be part of the Total Price. Provided that, any decision as to additional modification or changes in the specifications of the said Apartment are subject to the sole discretion of the Promoter which shall be final and binding on the Allottee.
5.4 Upon the written request of the Allottee, the Promoter, at its sole discretion, may agree to provide the Allottee with the Apartment in stripped down condition and allow such proportionate deduction in price as it may deem fit, for the fittings and fixtures not provided by the Promoter, provided that, the Allottee shall be obliged to adhere to the layout plan provided by the Promoter on completing the Apartment. However, all statutory charges payable to the concerned authority for any change in the plans will have to be borne by the Allottee.
5.5 The Promoter shall confirm the final Carpet Area that has been allotted to the Allottee after the construction of the Building has been completed and the completion certificate has been granted by the competent authority, by furnishing details of the changes, if any, in the Carpet Area. The total price payable for the Carpet Area shall be recalculated upon confirmation by the Promoter. If there is reduction in the Carpet Area then the Promoter shall refund the excess money paid by the Allottee within 45 (forty five) days with dayswith annual interest at the rate of State Bank of India Prime Lending Rate plus 2% (two percent) per annum, as prescribed in Rule 18 of the Rules, from the date when such an excess amount was paid by the Allottee, after deduction of such other tax/levy as may be applicable. If there is any increase in the Carpet Area, which is not more than 3% (three percent) of percent)of the Carpet Area of the Apartment, the Promoter may demand that from the Allottee as per the next milestone of the Payment Plan as provided in the Sixth Schedule hereunder written. All these monetary adjustments shall be made at the same rate per square feet as specified in the Payment PlanSixth Schedule.
5.4 5.6 It is made clear by the Promoter and the Allottee agrees that the Apartment apartment along with garage/ [•]car parking shall be treated as a single indivisible unit for all purposes. It is agreed The Parties hereby agree and acknowledge that the Project is a residential project comprised within the Township. Further, the Projectis an independent, self-self- contained Project project covering the Said Land and is not a part of any other project or zone and Xxxx.Xxxx as provided hereinabove, the Project shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the ProjectProjectin the manner provided in this Agreement.
5.5 5.7 The Promoter undertakes that that, save as otherwise provided herein, it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for (a) as provided in the Act, or (b) as may be necessary to provide any essential services to the Project, or (c) as may be mandated by any competent authorities under Applicable Laws.
5.6 The Promoter has assured the Allottee that the Project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act, 1972. The Promoter is in compliance of various laws/regulations as applicable in the State of West Bengal.
Appears in 1 contract
Samples: Sale Agreement
CONSTRUCTION OF THE APARTMENT. 5.1 The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Apartment and accepted the floor plan, payment plan annexed to this Agreement and the specifications, amenities and facilities as described in the Seventh Schedulefacilities, annexed to this Agreement, which has been approved by the competent authority, as represented by the Promoter. The Promoter Project shall develop the Project be developed in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the bye-laws, floor area ratio and density norms and provisions prescribed by Applicable Laws in the State of West Bengal, and shall not have an option to make any variation /alteration / modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of the Agreement.
5.2 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at the Seventh Schedule hereunder written (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the Apartment, without the previous written consent of the Allottee as per the provisions of the Act. Provided that the Promoter and/or the Developer may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act or as may be required by competent authorities or due to change in law.
5.3 The Promoter shall confirm the final Carpet Area that has been allotted to the Allottee after the construction of the Building has been completed and the completion certificate has been granted by the competent authority, by furnishing details of the changes, if any, in the Carpet Area. The total price payable for the Carpet Area shall be recalculated upon confirmation by the Promoter. If there is reduction in the Carpet Area then the Promoter shall refund the excess money paid by the Allottee within 45 (forty five) days with annual interest at the rate of State Bank of India Prime Lending Rate plus 2% (two percent) per annum, as prescribed in Rule 18 of the Rules, from the date when such an excess amount was paid by the Allottee, after deduction of such other tax/levy as may be applicable. If there is any increase in the Carpet Area, which is not more than 3% (three percent) of the Carpet Area of the Apartment, the Promoter may demand that from the Allottee as per the next milestone of the Payment Plan as provided in the Sixth Schedule hereunder written. All these monetary adjustments shall be made at the same rate per square feet as specified in the Payment PlanClause 3.1 above.
5.4 It is made clear by the Promoter and the Allottee agrees that the Apartment along with garage/ parking parking, if any, shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the Said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project.
5.5 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act.
5.6 The Promoter has assured the Allottee that the Project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act, 1972. The Promoter is in compliance of various laws/regulations as applicable in the State of West Bengal.
Appears in 1 contract
Samples: Sale Agreement
CONSTRUCTION OF THE APARTMENT. 5.1 6.1. The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Apartment and accepted the floor plan, payment plan annexed to this Agreement and the specifications, amenities and facilities as described in the Seventh Schedule, [annexed along with this Agreement] which has been approved by the competent authority, as represented by the Promoter.
6.2. The Promoter shall develop has constructed and/or agreed to construct/cause to construct the Joyville Phase 1B on the Project Land or on part thereof as per the sanctioned Building Plan and as per the specifications mentioned in accordance with the Sixth Schedule hereunder written.
6.3. The specifications of the construction of the said layout plans, floor plans Apartment including the fixtures and specifications, fittings therein and the amenities and facilitiesto be provided by the Promoter are described in the Sixth Schedule hereunder written.
6.4. Subject to the terms in this Agreement, applicable provisions of WBHIRA and /or RERA the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the bye-laws, floor area ratio and density norms and provisions prescribed by Applicable Laws in the State of West Bengal, and shall not have an option to make any variation /alteration / modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of the Agreement.
5.2 It is agreed that the Promoter usually shall not make any additions and and/or alterations in the sanctioned plansSanctioned Plan, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at the Seventh Schedule hereunder written (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) therein in respect of the Apartment, without said Apartment which is agreed to be carried out only with the previous written consent of the Allottee as per the provisions of the ActAllottee;
6.5. Provided always that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act or as may be required by competent authorities or necessary due to architectural and structural reasons duly recommended and verified by an authorized Architect or Engineer after proper declaration and intimation to the Allottee.
6.6. For the purpose of this Clause, “minor additions or alterations” excludes structural change including an addition to the area of change in law.
5.3 The Promoter shall confirm height, or the final Carpet Area that has been allotted removal or part of a building, or any change to the Allottee after structure, such as the construction or removal or cutting into of the Building has been completed and the completion certificate has been granted by the competent authority, by furnishing details of the changes, if any, in the Carpet Area. The total price payable for the Carpet Area shall be recalculated upon confirmation by the Promoter. If there is reduction in the Carpet Area then the Promoter shall refund the excess money paid by the Allottee within 45 (forty five) days with annual interest at the rate of State Bank of India Prime Lending Rate plus 2% (two percent) per annum, as prescribed in the Rules, from the date when such an excess amount was paid by the Allottee, after deduction of such other tax/levy as may be applicable. If there is any increase in the Carpet Area, which is not more than 3% (three percent) of the Carpet Area of the Apartment, the Promoter may demand that from the Allottee as per the next milestone of the Payment Plan as provided in the Sixth Schedule hereunder written. All these monetary adjustments shall be made at the same rate per square feet as specified in the Payment Plan.
5.4 It is made clear by the Promoter and the Allottee agrees that the Apartment along with garage/ parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the Said Land and is not wall or a part of a wall, partition, column, beam, joint floor including a mezzanine floor or other support, or a change to or closing of any other project required means of access ingress or zone and shall not form egress of a part of and/or linked/combined with any other project in its vicinity change to the fixtures or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Projectequipment etc.
5.5 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority(ies) and disclosed, except for as provided in the Act.
5.6 The Promoter has assured the Allottee that the Project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act, 1972. The Promoter is in compliance of various laws/regulations as applicable in the State of West Bengal.
Appears in 1 contract
Samples: Agreement for Allotment of Apartment
CONSTRUCTION OF THE APARTMENT. 5.1 The Allottee has seen the proposed layout plan, specifications, amenities and facilities of the Apartment and accepted the floor plan, payment plan annexed to this Agreement and the specifications, amenities and facilities as described in the Seventh Schedulefacilities, annexed to this Agreement, which has have been approved by the competent authority, as represented by the Promoter. The Promoter shall develop the Project in accordance with the said layout plans, floor plans and specifications, amenities and facilities. Subject to the terms in this Agreement, the Promoter undertakes to strictly abide by such plans approved by the competent authorities and shall also strictly abide by the bye-laws, floor area ratio and density norms and provisions prescribed by Applicable Laws in the State of West Bengal, and shall not have an option to make any variation /alteration / modification in such plans, other than in the manner provided under the Act, and breach of this term by the Promoter shall constitute a material breach of the Agreement.
5.2 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at in the Seventh Ninth Schedule hereunder written (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale the lease is effected) in respect of the Apartment, without the previous written consent of the Allottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act or as may be required by competent authorities or due to change in law.
5.3 The Promoter shall not entertain any request for modification in the internal layouts, fittings/ floorings etc. of the Apartment or in the exterior facade of the Building. No reimbursement or deduction in consideration of the Apartment shall be made by the Promoter in case the Allottee is desirous (with prior written approval of the Promoter) of doing any work/ installing different fittings /floorings etc. within the Apartment, at its own cost and expense. Further, the Allottee shall not make any permanent or temporary construction in the Apartment without obtaining the prior written permission of the Promoter.
5.4 The Promoter shall give to the Allottee, the right to carry out interior works inside the Apartment, one (1) month prior to the proposed date of notice of possession to be given by the Promoter in accordance with the terms hereof. Provided that, the Allottee may request the Promoter to carry out such interior works, for such additional cost as may be mutually agreed by the Parties.
5.5 The Promoter shall confirm the final Carpet Area that has been allotted to the Allottee after the construction of the Building has been completed and the completion certificate has been granted by the competent authority, by furnishing details of the changes, if any, in the Carpet Area. The total price consideration payable for the Carpet Area shall be recalculated upon confirmation by the Promoter. If there is reduction in the Carpet Area then the Promoter shall refund the excess money paid by the Allottee within 45 (forty five) days with annual interest at the rate of State Bank of India Prime Lending Rate plus 2% (two percent) per annum, as prescribed in Rule 18 of the Rules, from the date when such an excess amount was paid by the Allottee, after deduction of such other tax/levy as may be applicable. If there is any increase in the Carpet Area, which is not more than 3% (three percent) of the Carpet Area of the Apartment, the Promoter may demand that from the Allottee as per the next milestone of the Payment Plan as provided in the Sixth Eighth Schedule hereunder written. All these monetary adjustments shall be made at the same rate per square feet as specified in the Payment PlanClause 3.1 above.
5.4 5.6 It is made clear by the Promoter and the Allottee agrees that the Apartment said apartment along with garage/ [•] car parking space shall be treated as a single indivisible unit for all purposes.
5.7 The Parties hereby agree and acknowledge that the Project is a residential project comprised within Shristinagar. It is agreed that Further, the Project is an independent, self-contained Project project covering the Said Land and is not a part of any other project or zone and Land. Save as provided hereinabove, the Project shall not form a part of and/or be linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the AllotteeAllottee and maintenance of common areas. It is clarified that Project’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the ProjectProject in the manner provided in this Agreement.
5.5 5.8 The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has have been approved by the competent authority(ies) and disclosed, except for as provided in the Act.
5.6 5.9 The Promoter has assured the Allottee that the Project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act, 1972. The Promoter is in compliance of various laws/regulations as applicable in the State of West Bengal.
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Samples: Lease Agreement
