DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date: A. The Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof; B. The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same: a. To the discontinuance of supply of electricity to the Said Unit b. To the discontinuance of water supply; c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors; d. To discontinuance of the facility of DG Power back-up; e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/Possession DateDate or as agreed; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. (a) To the discontinuance of supply of electricity to the Said Unit
b. To Unit (b)To the discontinuance of water supplysupply ;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
Appears in 2 contracts
Samples: Agreement for Sale, Sale Agreement
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. (a) To the discontinuance of supply of electricity to the Said Unit
b. (b) To the discontinuance of water supplysupply ;
c. Not (c) not to allow the usage of lifts, either by XxxxxxxxXxxxxxxx , his/her/their family members, domestic help, staff and visitors;
d. (d) To discontinuance of the facility of DG Power back-up;
e. (e) To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx Allottee and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid raterate , including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee. If the arrears on this account exceeds a sum of Rupees One Lakh in such event the Promoter/Association as the case may be, shall have the right to take appropriate steps for putting up the Apartment Unit on Sale and realize the arrears from the Sale Proceeds.
Appears in 2 contracts
Samples: Buyers Agreement, Agreement for Sale
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/Possession DateDate or as agreed; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. (a) To the discontinuance of supply of electricity to the Said Unit
b. (b) To the discontinuance of water supplysupply ;
c. Not (c) not to allow the usage of lifts, either by XxxxxxxxXxxxxxxx , his/her/their family members, domestic help, staff and visitors;
d. (d) To discontinuance of the facility of DG Power back-up;
e. (e) To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx Allottee and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid raterate , including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment Unit within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the ApartmentUnit, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (a) The Apartment Unit, shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (b) The Allottee shall pay to the Promoter , the Association or the Facility Manager as the case may be within 15(fifteen) days of the demand by the Promoter, Security Deposit demanded by the concerned local authority or government for giving supply of water, electricity or any other service connection to the Unit or the Building.
(c) The Allottee shall become compulsorily liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed deemed Possession dateDate regardlessof whether the Allottee uses some of the facilities or not/Possession Date; taken physical possession or not .;
(d) The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever regardless of whether the Purchaser uses some of the facilities or not and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To (a) to the discontinuance of services;
(b) to be restricted from enjoyment of Club and all Common facilities;
(c) to be restricted from use of transport facility i.e Bus and winger facility;
(d) to be restricted from the supply of electricity garbage bags and collection of the same.
(e) to the Said Unit
b. To the discontinuance of water supplybe restricted from availing power back-up facility;
c. Not (f) to allow be restricted from availing electro mechanical services i.e Electrician , Plumber, Intercom Services;
(g) to be prevented from giving his Unit on Leave & License or Tenancy;
(h) to be prevented from Booking of Community Hall/Banquet Hall;
(i) to be restricted from being a Committee member;
(j) to be subjected to restrictions on entry to servants, maids,visitors and guests.
(k) to be prevented from usage of the lift and to be prevented from the usage of lifts, either the common facilities and amenities by Xxxxxxxx, his/her/their family members, domestic help, staff the Allottee and visitorsalso all persons claiming through him or her ;
d. To discontinuance (l) Any Customer Complaint in FM Software by a Defaulter will be entertained only after clearing Maintenance outstanding.
(m) List of defaulters shall be very prominently posted in common areas such as inside/outside the facility lift , Common Area, reception area and/or any other common space etc. If the arrears on this account exceeds a sum of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided Rs. 50,000/- in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by event the Promoter/Association as the case may be, shall have the right to take appropriate steps for putting up the Row House/Town House/ Unit on Sale and realize the due amount arrears from the Allottee.Sale Proceeds. Further, if Maintenance Charges of the Allottee remains outstanding any complaint made by the Allottee shall not be attended to by the Promoter. However Unit holder will be liable to pay the Maintenance Charges over the entire period of suspension till the Unit is sold by the Association and all arrears are clear. He will also be charged for interest @ 15% p.a on the outstanding amount even during the period of suspension of service due to the above reason
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day 15 days from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months the Possession Date;
(iii) All taxes, deposits and other levies/charges imposed, demanded or required to be paid to the authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottee proportionate to his interest therein and those relating only to the Apartment shall be borne solely and conclusively by the Allottee, with effect from the Deemed Possession date/Possession Date; The Allottee shall regularly .
(iv) All other expenses necessary and punctually make payment incidental to the management and maintenance of the Maintenance Charges without any abatement and/or deduction on any account whatsoever Project.
(v) It being also agreed between the parties that the Allotteeshall also pay demurrage charges to the Promoter at the rate of Rs. 5,000/- (Rupees Five Thousand) only per month or howsoever and part thereof from the expiry of the time mentioned in the event of any default the Allottee shall be liable to pay interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To the discontinuance of supply of electricity to the Said Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored possession letter till such time the Allottee have made payment (s) takes the possession of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allotteeapartment.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment Row House or the Town House Unit within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the ApartmentUnit, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (a) The Apartment Row House or the Town House Unit shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (b) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment Row House or Town House Unit and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. : - To the discontinuance of supply of electricity to the Said Unit
b. . - Restriction on club facilities; - Restrictions on transport facilities i.e Bus and Winger - Restricted supply of Garbage Bags and from collection of the same; - To the discontinuance of water supply;
c. supply ; - Restricted for electro-mechanical services i.e electrician, plumber, intercom services; - Restricted from granting Leave and License or tenancy; - Restricted from Booking of Community Hall / Banquet Hall; - Restricted from being member of any committee; - Restricted entry of servants and maid servants; - Restricted entry at gate; - Inspection of Unit by representative of Allottee restricted; - Not to allow the usage of lifts, either by XxxxxxxxXxxxxxxx , his/her/their family members, domestic help, staff and visitors;
d. ; - To discontinuance of the facility of DG Power back-up;
e. ; - To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid raterate , including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee. If the arrears on this account exceeds a sum of Rs.50,000/- in such event the Promoter/Association as the case may be, shall have the right to take appropriate steps for putting up the Row House or the Town House Unit on Sale and realize the arrears from the Sale Proceeds.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Allotted Apartment within 2 months from the date such possession is offered by the PromoterPromoter under clause 7.2 above of Section-III of this agreement, the Allottee shall be deemed to have taken possession on the 15th day from expiry of the date period of such notice notice, which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the ApartmentAllotted Apartment thereafter, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Allotted Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GSTCharges, if applicable property tax and other outgoings in respect of the Allotted Apartment and the Common Areas on and from 3 months the Possession Date;
(iii) All taxes, deposits and other levies/charges imposed, demanded or required to be paid to the authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottee proportionate to his interest therein and those relating only to the Allotted Apartment shall be borne solely and exclusively by the Allottee, with effect from the Deemed Possession date/Possession Date; The Allottee shall regularly .
(iv) All other expenses necessary and punctually make payment incidental to the management and maintenance of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever Project shall be paid and in borne by the event of any default Allottee proportionate to his interest therein.
(v) It being also agreed between the parties that the Allottee shall be liable also pay guarding charges to pay interest the Promoter at the Prime lending rate of SBI plus 2 % p.aRs. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To the discontinuance of supply of electricity to the Said Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee./- (Rupees
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the PromoterCo-owners / Developer, the Allottee shall be deemed to have taken possession on the 15th day days from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). The Allottee agrees and covenants not to claim any right or possession over and in respect of the Apartment till such time the Allottee has paid the entirety of the Total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove and Extras and all other amounts agreed to be paid or deposited under this Agreement and has duly complied with and/or performed all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Allottee in pursuance of this Agreement or otherwise required by law, all of which shall be conditions precedent without which the Developer shall not be under any obligation to handover possession of the Apartment. On and from the Possession Date:
A. : The Apartment shall be at the sole risk and cost of the Allottee and the Promoter Co-owners / Developer shall have no liability or concern thereof;
B. ; The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; All taxes, deposits and other levies/charges imposed, demanded or required to be paid to the authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottee proportionate to his interest therein and those relating only to the Apartment shall be borne solely and conclusively by the Allottee, with effect from the Possession Date. The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be become liable to pay interest at all other expenses necessary and incidental to the Prime lending rate of SBI plus 2 % p.a. on the due amount management and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any maintenance of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To the discontinuance of supply of electricity to the Said Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the AllotteeProject.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Allotted Apartment within 2 months from the date such possession is offered by the PromoterDeveloper/Promoter under clause 7.2 above of Section-III of this agreement, the Allottee shall be deemed to have taken possession on the 15th day from expiry of the date period of such notice notice, which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the ApartmentAllotted Apartment thereafter, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Allotted Apartment shall be at the sole risk and cost of the Allottee and the Developer/Promoter shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GSTCharges, if applicable property tax and other outgoings in respect of the Allotted Apartment and the Common Areas on and from 3 months the Possession Date;
(iii) All taxes, deposits and other levies/charges imposed, demanded or required to be paid to the authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottee proportionate to his interest therein and those relating only to the Allotted Apartment shall be borne solely and exclusively by the Allottee, with effect from the Deemed Possession date/Possession Date; The Allottee shall regularly .
(iv) All other expenses necessary and punctually make payment incidental to the management and maintenance of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever Project shall be paid and in the event of any default borne by the Allottee shall be liable proportionate to pay his interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To the discontinuance of supply of electricity to the Said Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allotteetherein.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Allotted Apartment within 2 months from the date such possession is offered by the PromoterPromoter under clause 7.2 above of Section-III of this agreement, the Allottee shall be deemed to have taken possession on the 15th day from expiry of the date period of such notice notice, which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the ApartmentAllotted Apartment thereafter, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Allotted Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GSTCharges, if applicable property tax and other outgoings in respect of the Allotted Apartment and the Common Areas on and from 3 months the Possession Date;
(iii) All taxes, deposits and other levies/charges imposed, demanded or required to be paid to the authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottee proportionate to his interest therein and those relating only to the Allotted Apartment shall be borne solely and exclusively by the Allottee, with effect from the Deemed Possession date/Possession Date; The Allottee shall regularly .
(iv) All other expenses necessary and punctually make payment incidental to the management and maintenance of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever Project shall be paid and in the event of any default borne by the Allottee shall be liable proportionate to pay his interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To the discontinuance of supply of electricity to the Said Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allotteetherein.
Appears in 2 contracts
Samples: Agreement for Sale, Sale Agreement
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment Row House/Bungalow within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the ApartmentRow House/Bungalow, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Apartment Row House/Bungalow shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment Row House/Bungalow and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. (a) To the discontinuance of supply of electricity to the Said Unit
b. To Unit (b)To the discontinuance of water supplysupply ;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
Appears in 2 contracts
Samples: Agreement for Sale, Master Agreement for Sale
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee Allotte fails to take possession of the Apartment within the date such possession is offered by the PromoterVendor Developer, the Allottee Allotte shall be deemed to have taken possession on the 15th day I5 days from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On ") The Allottee agrees and from covenants not to claim any right or possession over and in respect of the Possession Date:
A. Apartment till Such time the Allottee has paid the entirety of the Total Consideration of apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove and Extras and all other amounts agreed to be paid or deposited under this Agreement and has duly complied with and/or performed all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Allottee in pursuance of this Agreement or otherwise required by law, all of which shall be conditions precedent without which the Vendor / Developer shall not be under any obligation to handover possession of the Apartment The Apartment shall be at the sole risk and cost of the Allottee and the Promoter Vendor /Developer shall have no liability or concern thereof;
B. , The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months the Possession Date All taxes, deposits and other levies/charges imposed, demanded or required to be paid lo the authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottee proportionate lo his interest therein and those relating only to the Apartment shall be borne solely and conclusively by the Allottoe, with effect from the Deemed Possession date/Possession Date; Date The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be become liable to pay interest at all other expenses necessary and incidental to the Prime lending rate of SBI plus 2 % p.a. on the due amount management and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any maintenance of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To the discontinuance of supply of electricity to the Said Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the AllotteeProject.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment Row House / Bungalow, within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, Row House / Bungalow will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (a) The Apartment Row House / Bungalow, shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (b) The Allottee shall pay to the Promoter , the Association or the Facility Manager as the case may be within 15(fifteen) days of the demand by the Promoter, Security Deposit demanded by the concerned local authority or government for giving supply of water, electricity or any other service connection to the Row House / Bungalow.
(c) The Allottee shall become compulsorily liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment Row House / Bungalow and the Common Areas on and from 3 months from the Deemed deemed Possession dateDate regardlessof whether the Allottee uses some of the facilities or not/Possession Date; taken physical possession or not .;
(d) The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever regardless of whether the Purchaser uses some of the facilities or not and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To (a) to the discontinuance of services;
(b) to be restricted from enjoyment of club facilities;
(c) to be restricted from use of transport facility i.e Bus and winger facility, if any;
(d) to be restricted from the supply of electricity garbage bags and collection of the same.
(e) to the Said Unit
b. To the discontinuance of water supplybe restricted from availing power back-up facility;
c. Not (f) to allow the be restricted from availing electro mechanical services i.e Electrician , Plumber, Intercom Services;
(g) to be prevented from giving his Row House / Bungalow on Leave & License or Tenancy;
(h) to be prevented from Booking of Community Hall/Banquet Hall;
(i) to be restricted from being a Committee member;
(j) to be subjected to restrictions on entry to servants.
(k) to be prevented from usage of lifts, either the common facilities and amenities by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment and also all persons claiming through him or her If the arrears on this account exceeds a sum of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by Rs. 50,000/- in such event the Promoter/Association as the case may be, shall have the right to take appropriate steps for putting up the Row House / Bungalow, Unit on Sale and realize the due amount arrears from the Allottee.Sale Proceeds. Further, if Maintenance Charges of the Allottee remains outstanding any complaint made by the Allottee shall not be attended to by the Promoter
Appears in 1 contract
Samples: Agreement for Sale
DEEMED POSSESSION. It is understood by the Allottee Allottees that even if the Allottee Allottees fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee Allottees shall be deemed to have taken possession on the 15th day 15 days from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee Allottees takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession DatePossessionDate”). On and from the Possession Date:
A. : The Apartment shall be at the sole risk and cost of the Allottee Allottees and the Promoter shall have no liability or concern thereof;
B. ; The Allottee Allottees shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; All taxes, deposits and other levies/charges imposed, demanded or required to be paid to the authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottees proportionate to his interest therein and those relating only to the Apartment shall be borne solely and conclusively by the Allottees, with effect from the Possession Date. All other expenses necessary and incidental to the management and maintenance of the Project. RIGHT OF ALLOTTEES TO USE COMMON AREAS SUBJECT TO PAYMENT OF MAINTENANCE CHARGES The Allottee Allottees hereby agrees to acquire the Apartment on the specific understanding that his right to the use of Common Areas shall regularly and punctually make be subject to timely payment of Maintenance Charges, as determined by the Maintenance Charges without any abatement and/or deduction on any account whatsoever Promoter (or howsoever Association) and in the event of any default the Allottee shall be liable to pay interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event performance by the Allottees shall not be entitled to avail of any all his obligations in respect of the facilities amenities terms and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To the discontinuance of supply of electricity to the Said Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then conditions specified by the Promoter/Promoter or the Association from time to realize the due amount from the Allotteetime.
Appears in 1 contract
Samples: Sale Agreement
DEEMED POSSESSION. a. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the PromoterOwners/Vendors, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which datenotice, for the purposes of payment of all purposes outgoings including maintenance charges for the said apartment/unit and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). after clearing all dues, if any.
b. On and from the Possession Date:/Deemed Possession:-
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter Owners/Vendors shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:;
a. (a) To the discontinuance of supply of electricity to the Said Unit
b. (b) To the discontinuance of water supplysupply ;
c. Not (c) not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. (d) To discontinuance of the facility of DG Power back-up;
e. (e) To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx Allottee and/his/her/their family members and guests, staff and visitors.
(iii) The Allottee shall pay all taxes, deposits and other levies/charges imposed, demanded or required to be paid to the authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottee proportionate to his interest therein and those relating only to the Apartment shall be borne solely and conclusively by the Allottee, with effect from the Deemed Possession Date. Be it mentioned that the Incidental Charges , Extras and Deposits as per the terms of sale and provided in this Agreement are mutually fixed and non-negotiable and Allottees will not raise any issues in future in this regard and the Owners/Vendors and the Allottee agrees not to dispute the same.
(iv) The above said discontinuances Allotte shall pay all other expenses necessary and incidental to the management and maintenance of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the AllotteeProject.
Appears in 1 contract
Samples: Sale Agreement
DEEMED POSSESSION. (a) It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). .
(b) On and from the Possession Date:
A. (1) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (2) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/deemed Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. (3) To the discontinuance of supply of electricity to the Said Unit
b. (4) To the discontinuance of water supplysupply ;
c. Not (5) not to allow the usage of lifts, either by XxxxxxxxXxxxxxxx , his/her/their family members, domestic help, staff and visitors;
d. (6) To discontinuance of the facility of DG Power back-up;
e. (7) To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx Allottee and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid raterate , including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
(a) After taking possession and/or after 105 days of the notice of possession of the Apartment the Allottee shall be liable to bear and pay the proportionate share (i.e in proportion to the carpet area/Built-up area of the Apartment ) of outgoings in respect of the project land and buildings namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks, bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and buildings. The amounts so paid and/or Deposits made on this account to the Promoter shall not carry any interest and such Deposit shall remain with the Promoter and the same shall be handed over to the Apex Association on completion of the entire Housing Complex.
Appears in 1 contract
Samples: Agreement for Sale
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day 15 days from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. : The Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. ; The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; The All taxes, deposits and other levies/charges imposed, demanded or required to be paid to the authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottee proportionate to his interest therein and those relating only to the Apartment shall regularly be borne solely and punctually make payment conclusively by the Allottee, with effect from the Possession Date. All other expenses necessary and incidental to the management and maintenance of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in Project. It being also agreed between the event of any default parties that the Allottee shall be liable also pay demurrage charges to pay interest the Promoter at the Prime lending rate of SBI plus 2 % p.aRs. on 5,000/- (Rupees Five Thousand) only per month or part thereof from the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any expiry of the facilities amenities and utilities provided time mentioned in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To the discontinuance of supply of electricity to the Said Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored possession letter till such time the Allottee have made payment (s) takes the possession of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allotteeapartment.
Appears in 1 contract
Samples: Sale Agreement
DEEMED POSSESSION. It is understood by the Sub-Lessee/Allottee that even if the Allottee Sub- Lessee/Allottee/Purchaser fails to take possession of the Apartment Apartment, within the date such possession is offered by the Sub-Lessor/Promoter, the Allottee Sub- Lessee/Allottee/Purchaser shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee Sub-Lessee/Allottee/Purchaser takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (a) The Apartment shall be at the sole risk and cost of the Allottee Sub- Lessee/Allottee/Purchaser and the Sub-Lessor/Promoter shall have no liability or concern thereof;
B. (b) The Allottee Sub-Lessee/Allottee/Purchaser shall pay to the Sub-Lessor/Promoter , the Association or the Facility Manager, as the case may be, within 15(fifteen) days of the demand by the Sub-Lessor/Promoter, the Security Deposit demanded by the concerned local authority or government for giving supply of water, electricity or any other service connection to the Unit or the Building.
(c) The Sub-Lessee/Allottee/Purchaser shall become compulsorily liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed deemed Possession dateDate regardless of whether the Sub-Lessee/Possession Date; Allottee/Purchaser uses some of the facilities or not/taken physical possession or not .;
(d) The Allottee Sub-Lessee/Allottee/Purchaser shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever regardless of whether the Sub-Lessee/Allottee/Purchaser uses some of the facilities or not and in the event of any default the Allottee Sub-Lessee/Allottee/Purchaser shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees Sub- Lessee/Allottees/Purchaser shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Sub- Lessor/Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee Sub-Lessee/Allottee/Purchaser hereby consents to the same:
a. To (a) to the discontinuance of services;
(b) to be restricted from enjoyment of club facilities;
(c) to be restricted from use of transport facility i.e Bus and winger facility;
(d) to be restricted from the supply of electricity garbage bags and collection of the same.
(e) to the Said Unit
b. To the discontinuance of water supplybe restricted from availing power back-up facility;
c. Not (f) to allow be restricted from availing electro mechanical services i.e Electrician , Plumber, Intercom Services;
(g) to be prevented from giving his Flat on Leave & License or Tenancy;
(h) to be prevented from Booking of Community Hall/Banquet Hall;
(i) to be restricted from being a Committee member;
(j) to be subjected to restrictions on entry to servants.
(k) to be prevented from usage of the lift and to be prevented from the usage of liftsthe common facilities and amenities by the Sub-Lessee/Allottee and also all persons claiming through him or her Further, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance if Maintenance Charges of the facility of DG Power backSub-up;
e. To discontinuance of Lessee/Allottee remains outstanding any complaint made by the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx andSub-Lessee/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities Allottee shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then attended to by the Promoter/Association to realize the due amount from the Allottee.
Appears in 1 contract
Samples: Sub Lease Agreement
DEEMED POSSESSION. 36.1 It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the PromoterOwners/ Promoters, the Allottee shall be deemed to have taken possession on the 15th day starting after 15 days from notice of possession or two months from Clearance Certificate whichever is later2 months from the date of such notice Clearance Certificate which date, date for all purposes purpose and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter Owners/Promoters shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 starting after 15 days from notice of possession or two months from the Deemed Possession date/Possession Date; CC whichever is later 2 months.
(iii) The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the PromoterOwners/ Promoters/Association as the case may be be, shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To (iv) All taxes, deposits and other levies/charges imposed, demanded or required to be paid to the discontinuance authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottee proportionate to his interest therein and those relating only to the Apartment shall be borne solely and conclusively by the Allottee, with effect from the Deemed Possession Date. Be it mentioned that the Incidental Charges, Extras and Deposits as per the terms of supply sale and provided in this Agreement are mutually fixed and non-negotiable and Allottees will not raise any issues in future in this regard and the Owners/Promoters and the Allottee agrees not to dispute the same.
(v) All other expenses necessary and incidental to the management and maintenance of electricity the Project. For Fortune Park Housing Projects Pvt. Ltd
36.2 Schedule for possession of the Common Amenities: The Owners/Promoters herein is developing the said land which consists of various phases having common amenities like club house, landscape garden etc, the construction/development of the said common amenities will be completed in due course only after completion of construction of all the phases on the said land. The Owners/Promoters assures to hand over possession of the said common amenities in due course. The Allottee herein agrees and conveys that he/she/they shall not be entitled to refuse to take the possession of the said Apartment on the ground of non completion of aforesaid common amenities, if the said Apartment has received the Completion Certificate and the non-completion of the aforesaid common amenities does not affect his/her use or occupation of the Unit and he/she can reside in the Said Unit
b. To . However if the discontinuance of water supply;
c. Not to allow Owners/Promoters is not allowed by the usage of lifts, either by Xxxxxxxx, Allottee or any person on his/her/their family members, domestic help, staff and visitors;
d. To discontinuance its behalf to complete the remaining portion of the facility of DG Power back-up;
e. To discontinuance of work, it shall be deemed to have been done as and against the usage of all amenities Owners/Promoters and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment shall be liable to indemnify the Owners/Promoters for any losses which the Owners/Promoters may suffer for such acts of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
Appears in 1 contract
Samples: Sale Agreement
DEEMED POSSESSION. (a) It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within withi n the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th 15 th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession pos session of the Apartment, will be deemed to be the deemed possession date (““ Possession Date”). .
(b) On and from the Possession Date:
A. (1) The Apartment Row House shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (2) The Allottee Allo ttee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/deemed Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or and/ or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default defau lt shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Promoter/ Association as the case may be , shall be entitled entitl ed to take the following measures and the Allottee hereby consents to the same:
a. (a) To the discontinuance of supply of electricity to the Said Unit
b. (b) To the discontinuance of water supplysupply ;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. (c) To discontinuance of the facility of DG Power back-upback -up;
e. (d) To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/Allottee and/ his/ her/ their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid raterate , including all costs, charges and expenses incurred till then by the Promoter/Promoter/ Association to realize the due amount from the th e Allottee.
Appears in 1 contract
Samples: Agreement for Sale
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. a. The Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. b. The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/Possession DateDate or as agreed; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. i. To the discontinuance of supply of electricity to the Said Unit
b. ii. To the discontinuance of water supplysupply ;
c. Not iii. not to allow the usage of lifts, either by XxxxxxxxXxxxxxxx , his/her/their family membersfamilymembers, domestic help, staff and visitors;
d. iv. To discontinuance of the facility of DG Power back-up;
e. v. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid raterate , including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
Appears in 1 contract
Samples: Agreement for Sale
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. The Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest Interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To the discontinuance of supply of electricity to the Said Unit
b. To the discontinuance of water supplysupply ;
c. Not not to allow the usage of lifts, either by XxxxxxxxXxxxxxxx , his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid raterate , including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
Appears in 1 contract
Samples: Sale Agreement
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment Row House or the Town House Unit within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the ApartmentUnit, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (a) The Apartment Row House or the Town House Unit shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (b) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment Row House or Town House Unit and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. : - To the discontinuance of supply of electricity to the Said Unit
b. . - Restriction on club facilities; - Restrictions on transport facilities i.e Bus and Winger - Restricted supply of Garbage Bags and from collection of the same; - To the discontinuance of water supply;
c. ; - Restricted for electro-mechanical services i.e electrician, plumber, intercom services; - Restricted from granting Leave and License or tenancy; - Restricted from Booking of Community Hall / Banquet Hall; - Restricted from being member of any committee; - Restricted entry of servants and maid servants; - Restricted entry at gate; - Inspection of Unit by representative of Allottee restricted; - Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. ; - To discontinuance of the facility of DG Power back-up;
e. ; - To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee. If the arrears on this account exceeds a sum of Rs.50,000/- in such event the Promoter/Association as the case may be, shall have the right to take appropriate steps for putting up the Row House or the Town House Unit on Sale and realize the arrears from the Sale Proceeds.
Appears in 1 contract
Samples: Agreement for Sale
DEEMED POSSESSION. (a) It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). .
(b) On and from the Possession Date:
A. (1) The Apartment Row House shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (2) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/deemed Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. (a) To the discontinuance of supply of electricity to the Said Unit
b. (b) To the discontinuance of water supplysupply ;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. (c) To discontinuance of the facility of DG Power back-up;
e. (d) To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx Allottee and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid raterate , including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
Appears in 1 contract
Samples: Agreement for Sale
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/deemed Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. (iii) To the discontinuance of supply of electricity to the Said Unit
b. (iv) To the discontinuance of water supplysupply ;
c. Not (v) not to allow the usage of lifts, either by XxxxxxxxAllottee , his/her/their family members, domestic help, staff and visitors;
d. (vi) To discontinuance of the facility of DG Power back-up;
e. (vii) To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx Allottee and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid raterate , including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
8.5 After taking possession and/or after 105 days of the notice of possession of the Apartment the Allottee shall be liable to bear and pay the proportionate share (i.e in proportion to the carpet area/Built-up area of the Apartment ) of outgoings in respect of the project land and buildings namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks, xxxx collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and buildings. The amounts so paid and/or Deposits made on this account to the Promoter shall not carry any interest and such Deposit shall remain with the Promoter and the same shall be handed over to the Apex Association on completion of the entire Housing Complex.
8.6 Failure of Allottee to take the possession of Apartment:
8.6.1 Upon receiving a written intimation from the Promoter as per clause 8..3, the Allottee shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as required and/or prescribed in this Agreement, and the Promoter shall give possession of the Apartment to the Allottee. In case the Allottee fails to take possession within the time provided in clause 8.3, such Allottee shall continue to be liable to pay interest on amounts due and payable in terms of this agreement , maintenance charges, municipal tax and other outgoings and further holding charge of Rs. 5000/- per month as Guarding Charges for the period of delay in taking possession.
8.6.2 The Allottee must not fail to take actual possession of the Apartment within a period not more than three months from the date of completion, failing which , without prejudice to such other rights the Allottee shall become liable to pay the Guarding Charges of Rs.5,000/- per month and all other losses which the Promoter may have suffered on this account. The Allottee shall be liable to bear and pay and/or contribute all municipal rates, taxes, guarding charges, maintenance and other outgoings proportionately the outgoings in respect of the Project land and Building/s namely Maintenance and all Municipal rates, taxes, and other charges such as water charges, insurance, common lights, repairs and salaries of clerks, xxxx collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s for the Apartment 3 months from the date of possession or the Deemed date of Possession as the case may be whichever is earlier. Physical possession of the Apartment shall be withheld if all dues are not cleared by the Allottee. In case delivery of physical possession is withheld by the Promoter, the possession of the Apartment will be deemed to have been taken by the Allottees on the deemed date of possession (i.e end of 15 days from date of the Notice of Possession) .
8.6.3 Until the Society or Limited Company is formed and the Said structure of the phase is transferred to it, the Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee’s share is so determined the Allottee shall pay to the Promoter provisional monthly contribution per month towards outgoings. The amounts so paid by the Allottee to the Promoter shall not carry any interest and remain with the Promoter until a conveyance / assignment of lease of the structure of the phase is executed in favor of the Society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the phase the aforesaid deposits(less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Association, as the case may be.
Appears in 1 contract
Samples: Sale Agreement
DEEMED POSSESSION. (a) It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the PromoterPr omoter, the Allottee shall be deemed to have taken possession on the 15th 15 th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (““ Possession Date”). .
(b) On and from the Possession Date:
A. (1) The Apartment Row House shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (2) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/deemed Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or and/ or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Promoter/ Association as the case may be , shall be entitled to take the following measures and the Allottee Allot tee hereby consents to the same:
a. (a) To the discontinuance of supply of electricity to the Said Unit
b. To Unit (b)To the discontinuance of water supplysupply ;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. (c) To discontinuance of the facility of DG Power back-upback -up;
e. (d) To discontinuance of the usage of all amenities and a nd facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/Allottee and/ his/ her/ their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have ha ve made payment of all the dues together with interest accrued at the aforesaid raterate , including all costs, charges and expenses incurred till then by the Promoter/Promoter/ Association to realize the due amount from the Allottee.
Appears in 1 contract
Samples: Agreement for Sale
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment Apartment, within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, , will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (a) The Apartment Apartment, shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (b) The Allottee shall pay to the Promoter , the Association or the Facility Manager as the case may be within 15(fifteen) days of the demand by the Promoter, Security Deposit demanded by the concerned local authority or government for giving supply of water, electricity or any other service connection to the Unit or the Building.
(c) The Allottee shall become compulsorily liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed deemed Possession dateDate regardlessof whether the Allottee uses some of the facilities or not/Possession Date; taken physical possession or not .;
(d) The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever regardless of whether the Purchaser uses some of the facilities or not and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To (a) to the discontinuance of services;
(b) to be restricted from enjoyment of club facilities;
(c) to be restricted from use of transport facility i.e Bus and winger facility;
(d) to be restricted from the supply of electricity garbage bags and collection of the same.
(e) to the Said Unit
b. To the discontinuance of water supplybe restricted from availing power back-up facility;
c. Not (f) to allow be restricted from availing electro mechanical services i.e Electrician , Plumber, Intercom Services;
(g) to be prevented from giving his Flat on Leave & License or Tenancy;
(h) to be prevented from Booking of Community Hall/Banquet Hall;
(i) to be restricted from being a Committee member;
(j) to be subjected to restrictions on entry to servants.
(k) to be prevented from usage of the lift and to be prevented from the usage of lifts, either the common facilities and amenities by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment and also all persons claiming through him or her If the arrears on this account exceeds a sum of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by Rs. 50,000/- in such event the Promoter/Association as the case may be, shall have the right to take appropriate steps for putting up the Apartment, Unit on Sale and realize the due amount arrears from the Allottee.Sale Proceeds. Further, if Maintenance Charges of the Allottee remains outstanding any complaint made by the Allottee shall not be attended to by the Promoter
Appears in 1 contract
Samples: Agreement for Sale
DEEMED POSSESSION. a. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which datenotice, for the purposes of payment of all purposes outgoings including maintenance charges for the said apartment/unit and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). after clearing all dues, if any.
b. On and from the Possession Date:/Deemed Possession:-
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:;
a. (a) To the discontinuance of supply of electricity to the Said Unit
b. (b) To the discontinuance of water supplysupply ;
c. Not (c) not to allow the usage of lifts, either by XxxxxxxxXxxxxxxx , his/her/their family members, domestic help, staff and visitors;
d. (d) To discontinuance of the facility of DG Power back-up;
e. (e) To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx Allottee and/his/her/their family members and guests, staff and visitors.
(iii) The Allottee shall pay all taxes, deposits and other levies/charges imposed, demanded or required to be paid to the authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottee proportionate to his interest therein and those relating only to the Apartment shall be borne solely and conclusively by the Allottee, with effect from the Deemed Possession Date. Be it mentioned that the Incidental Charges , Extras and Deposits as per the terms of sale and provided in this Agreement are mutually fixed and non-negotiable and Allottees will not raise any issues in future in this regard and the Promoters and the Allottee agrees not to dispute the same.
(iv) The above said discontinuances Allotte shall pay all other expenses necessary and incidental to the management and maintenance of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the AllotteeProject.
Appears in 1 contract
Samples: Sale Agreement
DEEMED POSSESSION. a. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment Office unit within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which datenotice, for the purposes of payment of all purposes outgoings including maintenance charges for the said office unit and irrespective of the actual date when the Allottee takes physical possession of the ApartmentOffice unit, will be deemed to be the deemed possession date (“Possession Date”). after clearing all dues, if any.
b. On and from the Possession Date:/Deemed Possession:-
A. (i) The Apartment Office unit shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment Office unit and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; ;
(iii) The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever irrespective of the fact whether such facilities has been used or not or disconnections for the reasons hereunder, and in the event of any default the Allottee shall be liable to pay interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex Project and the Promoter/Association as the case may be be, shall inter alia be entitled to take the following measures and the Allottee hereby consents to the same:
a. (a) To the discontinuance of supply of electricity to the Said Unit
b. (b) To the discontinuance of water supplysupply ;
c. Not (c) not to allow the usage of lifts, either by XxxxxxxxAllottee , his/her/their family members, domestic helpemployees, staff and visitors;; etc.
d. (d) To discontinuance of the facility of DG Power back-up;
e. (e) To discontinuance of the usage of all amenities and facilities provided in the said housing complex to complexto the said Xxxxxxxx Allottee and/his/her/their family members and guests, staff and visitors. .The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
Appears in 1 contract
Samples: Sub Lease Agreement
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/deemed Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. (iii) To the discontinuance of supply of electricity to the Said Unit
b. (iv) To the discontinuance of water supplysupply ;
c. Not (v) not to allow the usage of lifts, either by XxxxxxxxXxxxxxxx , his/her/their family members, domestic help, staff and visitors;
d. (vi) To discontinuance of the facility of DG Power back-up;
e. (vii) To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx Allottee and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid raterate , including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
8.5 After taking possession and/or after 105 days of the notice of possession of the Apartment the Allottee shall be liable to bear and pay the proportionate share (i.e in proportion to the carpet area/Built-up area of the Apartment ) of outgoings in respect of the project land and buildings namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks, bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and buildings. The amounts so paid and/or Deposits made on this account to the Promoter shall not carry any interest and such Deposit shall remain with the Promoter and the same shall be handed over to the Apex Association on completion of the entire Housing Complex.
8.6 Failure of Allottee to take the possession of Apartment:
8.6.1 Upon receiving a written intimation from the Promoter as per clause 8..3, the Allottee shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as required and/or prescribed in this Agreement, and the Promoter shall give possession of the Apartment to the Allottee. In case the Allottee fails to take possession within the time provided in clause 8.3, such Allottee shall continue to be liable to pay interest on amounts due and payable in terms of this agreement , maintenance charges, municipal tax and other outgoings and further holding charge of Rs. 5000/- per month as Guarding Charges for the period of delay in taking possession.
8.6.2 The Allottee must not fail to take actual possession of the Apartment within a period not more than three months from the date of completion, failing which , without prejudice to such other rights the Allottee shall become liable to pay the Guarding Charges of Rs.5,000/- per month and all other losses which the Promoter may have suffered on this account. The Allottee shall be liable to bear and pay and/or contribute all municipal rates, taxes, guarding charges, maintenance and other outgoings proportionately the outgoings in respect of the Project land and Building/s namely Maintenance and all Municipal rates, taxes, and other charges such as water charges, insurance, common lights, repairs and salaries of clerks, bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s for the Apartment 3 months from the date of possession or the Deemed date of Possession as the case may be whichever is earlier. Physical possession of the Apartment shall be withheld if all dues are not cleared by the Allottee. In case delivery of physical possession is withheld by the Promoter, the possession of the Apartment will be deemed to have been taken by the Allottees on the deemed date of possession (i.e end of 15 days from date of the Notice of Possession) .
8.6.3 Until the Society or Limited Company is formed and the Said structure of the phase is transferred to it, the Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee’s share is so determined the Allottee shall pay to the Promoter provisional monthly contribution per month towards outgoings. The amounts so paid by the Allottee to the Promoter shall not carry any interest and remain with the Promoter until a conveyance / assignment of lease of the structure of the phase is executed in favor of the Society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the phase the aforesaid deposits(less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Association, as the case may be.
Appears in 1 contract
Samples: Sale Agreement
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment Row House or the Town House Unit within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the ApartmentUnit, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (a) The Apartment Row House or the Town House Unit shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (b) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment Row House or Town House Unit and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. : - To the discontinuance of supply of electricity to the Said Unit
b. . - Restriction on club facilities; - Restrictions on transport facilities i.e Bus and Winger - Restricted supply of Garbage Bags and from collection of the same; - To the discontinuance of water supply;
c. ; - Restricted for electro-mechanical services i.e electrician, plumber, intercom services; - Restricted from granting Leave and License or tenancy; - Restricted from Booking of Community Hall / Banquet Hall; - Restricted from being member of any committee; - Restricted entry of servants and maid servants; - Restricted entry at gate; - Inspection of Unit by representative of Allottee restricted; - Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. ; - To discontinuance of the facility of DG Power back-up;
e. ; - To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee. If the arrears on this account exceeds a sum of Rs. 50,000/- in such event the Promoter/Association as the case may be, shall have the right to take appropriate steps for putting up the Row House or the Town House Unit on Sale and realize the arrears from the Sale Proceeds.
Appears in 1 contract
Samples: Agreement for Sale
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment Apartment, within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, , will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (a) The Apartment Apartment, shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (b) The Allottee shall pay to the Promoter , the Association or the Facility Manager as the case may be within 15 (fifteen) days of the demand by the Promoter, Security Deposit demanded by the concerned local authority or government for giving supply of water, electricity or any other service connection to the Unit or the Building.
(c) The Allottee shall become compulsorily liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed deemed Possession dateDate regardlessof whether the Allottee uses some of the facilities or not/Possession Date; taken physical possession or not .;
(d) The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever regardless of whether the Purchaser uses some of the facilities or not and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To (a) to the discontinuance of services;
(b) to be restricted from enjoyment of club facilities;
(c) to be restricted from use of transport facility i.e Bus and winger facility;
(d) to be restricted from the supply of electricity garbage bags and collection of the same.
(e) to the Said Unit
b. To the discontinuance of water supplybe restricted from availing power back-up facility;
c. Not (f) to allow be restricted from availing electro mechanical services i.e Electrician , Plumber, Intercom Services;
(g) to be prevented from giving his Flat on Leave & License or Tenancy;
(h) to be prevented from Booking of Community Hall/Banquet Hall;
(i) to be restricted from being a Committee member;
(j) to be subjected to restrictions on entry to servants.
(k) to be prevented from usage of the lift and to be prevented from the usage of lifts, either the common facilities and amenities by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment and also all persons claiming through him or her If the arrears on this account exceeds a sum of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by Rs. 50,000/- in such event the Promoter/Association as the case may be, shall have the right to take appropriate steps for putting up the Apartment, Unit on Sale and realize the due amount arrears from the Allottee.Sale Proceeds. Further, if Maintenance Charges of the Allottee remains outstanding any complaint made by the Allottee shall not be attended to by the Promoter
Appears in 1 contract
Samples: Sale Agreement
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the PromoterDeveloper, the Allottee shall be deemed to have taken possession on the 15th day 15 days from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter Developer shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months the Possession Date;
(iii) All taxes, deposits and other levies/charges imposed, demanded or required to be paid to the authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottee proportionate to his interest therein and those relating only to the Apartment shall be borne solely and conclusively by the Allottee, with effect from the Deemed Possession date/Possession Date; The Allottee shall regularly .
(iv) All other expenses necessary and punctually make payment incidental to the management and maintenance of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in Project.
(v) It being also agreed between the event of any default parties that the Allottee shall be liable also pay demurrage charges to pay interest the Developer at the Prime lending rate of SBI plus 2 % p.aRs. on 5,000/- (Rupees Five Thousand) only per month or part thereof from the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any expiry of the facilities amenities and utilities provided time mentioned in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To the discontinuance of supply of electricity to the Said Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored possession letter till such time the Allottee have made payment (s) takes the possession of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allotteeapartment.
Appears in 1 contract
Samples: Sale Agreement
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th 15 th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (““ Possession DateDate ”). On and from the Possession Date:
A. (a) The Apartment shall be at the sole risk and a nd cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (b) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the th e Deemed Possession date/date/ Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or and/ or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Promoter/ Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. : - To the discontinuance discontinuanc e of supply of electricity to the Said Unit
b. Unit - To the discontinuance of water supply;
c. supply ; - Not to allow the usage of lifts, either by XxxxxxxxXxxxxxxx , his/her/his/ her/ their family members, domestic help, staff and visitors;
d. ; - To discontinuance of the facility of DG Power back-up;
e. back -up; - To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/and/ his/ her/ their family members and guests, staff and visitors. The above said discontinuances of the services servic es and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid raterate , including all costs, charges and expenses incurred till then by the Promoter/Promoter/ Association to realize the due amount from the Allottee. If the arrears on this account exceeds a sum of Rupees 50,000/ - in such event the Promoter/ Association as the case may be, shall have the right to take appropriate steps for putting up the Apartment Unit on Sale and re alize the arrears from the Sale Proceeds.
Appears in 1 contract
Samples: Agreement for Sale
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest Interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. (a) To the discontinuance of supply of electricity to the Said Unit
b. (b) To the discontinuance of water supplysupply ;
c. Not (c) not to allow the usage of lifts, either by XxxxxxxxXxxxxxxx , his/her/their family members, domestic help, staff and visitors;
d. (d) To discontinuance of the facility of DG Power back-up;
e. (e) To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx Allottee and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid raterate , including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
Appears in 1 contract
Samples: Sale Agreement
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the prescribed rate which at present is the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. (a) To the discontinuance of supply of electricity to the Said Unit
b. To Unit (b)To the discontinuance of water supplysupply ;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
Appears in 1 contract
Samples: Agreement for Sale
DEEMED POSSESSION. 36.1 It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the PromoterOwners/ Promoters, the Allottee shall be deemed to have taken possession on the 15th day starting after 15 days from notice of possession or two months from Clearance Certificate whichever is later2 months from the date of such notice Clearance Certificate which date, date for all purposes purpose and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter Owners/Promoters shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 starting after 15 days from notice of possession or two months from the Deemed Possession date/Possession Date; CC whichever is later 2 months.
(iii) The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest Interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the PromoterOwners/ Promoters/Association as the case may be be, shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. To (iv) All taxes, deposits and other levies/charges imposed, demanded or required to be paid to the discontinuance authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottee proportionate to his interest therein and those relating only to the Apartment shall be borne solely and conclusively by the Allottee, with effect from the Deemed Possession Date. Be it mentioned that the Incidental Charges, Extras and Deposits as per the terms of supply sale and provided in this Agreement are mutually fixed and non-negotiable and Allottees will not raise any issues in future in this regard and the Owners/Promoters and the Allottee agrees not to dispute the same.
(v) All other expenses necessary and incidental to the management and maintenance of electricity the Project.
36.2 Schedule for possession of the Common Amenities: The Owners/Promoters herein is developing the said land which consists of various phases having common amenities like club house, landscape garden etc, the construction/development of the said common amenities will be completed in due course only after completion of construction of all the phases on the said land. The Owners/Promoters assures to hand over possession of the said common amenities in due course. The Allottee herein agrees and conveys that he/she/they shall not be entitled to refuse to take the possession of the said Apartment on the ground of non completion of aforesaid common amenities, if the said Apartment has received the For Fortune Park Housing Projects Pvt. Ltd Completion Certificate and the non-completion of the aforesaid common amenities does not affect his/her use or occupation of the Unit and he/she can reside in the Said Unit
b. To . However if the discontinuance of water supply;
c. Not to allow Owners/Promoters is not allowed by the usage of lifts, either by Xxxxxxxx, Allottee or any person on his/her/their family members, domestic help, staff and visitors;
d. To discontinuance its behalf to complete the remaining portion of the facility of DG Power back-up;
e. To discontinuance of work, it shall be deemed to have been done as and against the usage of all amenities Owners/Promoters and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment shall be liable to indemnify the Owners/Promoters for any losses which the Owners/Promoters may suffer for such acts of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
Appears in 1 contract
Samples: Sale Agreement
DEEMED POSSESSION. 9.1 It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the PromoterOwners/Promoters, the Allottee shall be deemed to have taken possession on the 15th day starting after 15 days from notice of possession or two months from Clearance Certificate which ever is later2 months from the date of such notice Clearance Certificate which date, date for all purposes purpose and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter Owners/Promoters shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 starting after 15 days from notice of possession or two months from the Deemed Possession date/Possession Date; CC whichever is later 2 months.
(iii) The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest Interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the PromoterOwners/Promoters/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. (a) To the discontinuance of supply of electricity to the Said Unit;
b. (b) To the discontinuance of water supply;
c. Not (c) not to allow the usage of lifts, either by XxxxxxxxAllottee , his/her/their family members, domestic help, staff and visitors;
d. (d) To discontinuance of the facility of DG Diesel Generator Power back-up;
e. (e) To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx Allottee and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid raterate , including all costs, charges and expenses incurred till then by the PromoterOwners/Promoters/Association to realize the due amount from the Allottee.
(iv) All taxes, deposits and other levies/charges imposed, demanded or required to be paid to the authorities concerned relating to the undivided interest in the Common Areas shall be paid and borne by the Allottee proportionate to his interest therein and those relating only to the Apartment shall be borne solely and conclusively by the Allottee, with effect from the Deemed Possession Date. Be it mentioned that the Incidental Charges , Extras and Deposits as per the terms of sale and provided in this Agreement are mutually fixed and non-negotiable and Allottees will not raise any issues in future in this regard and the Owners/Owners/Owners/Promoterss and the Allottee agrees not to dispute the same.
(v) All other expenses necessary and incidental to the management and maintenance of the Project.
Appears in 1 contract
Samples: Sale Agreement
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest Interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the Promoter/Association as the case may be , shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. (a) To the discontinuance of supply of electricity to the Said Unit
b. (b) To the discontinuance of water supplysupply ;
c. Not (c) not to allow the usage of lifts, either by XxxxxxxxAllottee , his/her/their family members, domestic help, staff and visitors;
d. (d) To discontinuance of the facility of DG Power back-up;
e. (e) To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx Allottee and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid raterate , including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
Appears in 1 contract
Samples: Sale Agreement
DEEMED POSSESSION. It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the PromoterDeveloper and the Associate Developer, the Allottee shall be deemed to have taken possession on the 15th day from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the deemed possession date (“Possession Date”). On and from the Possession Date:
A. (i) The Apartment shall be at the sole risk and cost of the Allottee and the Promoter Developer and the Associate Developer shall have no liability or concern thereof;
B. (ii) The Allottee shall become liable to pay the Maintenance Charges including GST, if applicable in respect of the Apartment and the Common Areas on and from 3 months from the Deemed Possession date/deemed Possession Date; The Allottee shall regularly and punctually make payment of the Maintenance Charges without any abatement and/or deduction on any account whatsoever or howsoever and in the event of any default the Allottee shall be liable to pay interest at the Prime lending rate of SBI plus 2 % p.a. on the due amount and if such default shall continue for a period of two months then and in that event the Allottees Allottee shall not be entitled to avail of any of the facilities amenities and utilities provided in the Said Complex and the PromoterDeveloper and the Associate Developer/Association as the case may be be, shall be entitled to take the following measures and the Allottee hereby consents to the same:
a. (iii) To the discontinuance of supply of electricity to the Said Unit
b. (iv) To the discontinuance of water supplysupply ;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the said housing complex to the said Xxxxxxxx and/his/her/their family members and guests, staff and visitors. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee.
Appears in 1 contract
Samples: Sale Agreement