Common use of Events of Default and consequences Clause in Contracts

Events of Default and consequences. 9.1 Subject to the Force Majeure clause, the Promoter shall be considered under a condition of Default, in the following events: (i) Promoter fails to provide ready to move in possession of the Unit to the Allottee within the time period specified. For the purpose of this clause, 'ready to move in possession' shall mean that the apartment shall be in a habitable condition which is complete in all respects; (ii) Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by Promoter under the conditions listed above, Allottee is entitled to the following: (i) Stop making further payments to Promoter as demanded by the Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any penal interest; or (ii) The Allottee shall have the option of terminating the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase of the apartment, along with interest at the rate specified in the Rules within forty-five days of receiving the termination notice: Provided that where an Allottee does not intend to withdraw from the project or terminate the Agreement, he shall be paid, by the promoter, interest at the rate specified in the Rules, for every month of delay till the handing over of the possession of the [Apartment/Plot]. 9.3 The Allottee shall be considered under a condition of Default, on the occurrence of the following events: (i) In case the Allottee fails to make payments for consecutive demandmade by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the allottee shall be liable to pay interest to the promoter on the unpaid amount at the rate specified in the Rules. (ii) In case of Default by Allottee under the condition listed above continues for a period beyond consecutive months after notice from the Promoter in this regard, the Promoter shall cancel the allotment of the [Apartment/Plot] in favour of the Allottee and refund the amount money paid to him by the allottee by deducting the booking amount and the interest liabilities and this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least thirty days prior to such termination.

Appears in 4 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

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Events of Default and consequences. 9.1 a. Subject to the Force Majeure clauseprovision of Clause 7.6 in herein above, the Promoter shall be considered under a condition of Default, in the following events: (i) The Promoter fails to provide ready to move in the possession of the Unit to the Allottee within on or before the time period specified. For Date of Possession or the purpose Revised Date of this clause, 'ready Possession (as the case may be) or fails to move in possession' shall mean that complete the apartment shall be in a habitable condition which is complete in all respects;Project on or before the Time Schedule of Completion or the Revised Time Schedule of Completion. (ii) Discontinuance of the Promoter’s 's business as a developer on account of suspension or revocation of his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 b. In case of Default default by the Promoter under the conditions listed above, the Allottee is shall be entitled to the following: (i) Stop making further payments to Promoter as demanded by the Promoter for the construction milestone that is not achieved by the Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any penal interest; or (ii) The Allottee shall have the option of terminating the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase of the apartment, along with interest at the rate specified prescribed in the Rules within forty-five days of receiving the termination notice: ; Provided that where an Allottee does not intend to withdraw from the project or terminate the Agreement, he shall be paidentitled to Compensation as set out in Paragraph 7.6 above. (iii) In case the Promoter is forced to discontinue the construction of the said Unit and/ or Project (entire or part) due to force majeure reasons and/ or due to operation of any law or statutory order or otherwise, then the Promoter shall be liable to refund the amounts paid by the promoterAllottee(s) without any liability towards interest or compensation or loss of profit or costs or damages, interest at subject to deduction of applicable taxes, within 6 (six) months from the rate specified in the Rules, for every month happening of delay till the handing over of the possession of the [Apartment/Plot]such eventuality. 9.3 c. The Allottee shall be considered under a condition of Default, on the occurrence of the following events: (i) In case the Allottee The Allottee(s) fails to make timely payments for consecutive demandmade of the outstanding, amounts due and payable (including the Allottee(s)’s proportionate share of taxes levied by concerned local authority, Additional Outgoings, provisional CAM charges etc.) payable by him/her and meeting the other obligations under this Agreement. Time is the essence, with respect to the Allottee(s)’s obligations to pay all such amounts as mentioned in this Agreement and also to perform or observe all the other obligations of the Allottee(s) under this Agreement. The Allottee(s) agree/s that 10% (ten percent) of the Total Price (“Booking Amount”) shall be treated as xxxxxxx money to ensure fulfilment by the Promoter Allottee(s) of the terms and conditions, as per the Payment Plan annexed hereto, despite having been issued notice in that regard the allottee shall be liable to pay interest to the promoter on the unpaid amount at the rate specified in the Rulescontained herein. (ii) Payment of outstanding amounts due and payable shall have to be paid by the Allottee(s) within fifteen (15) days from the Promoter’s Demand Letter, failing which the Promoter shall be entitled to charge interest as per applicable law on all delayed payments. Payment within time would be deemed to be essence of the terms of these presents. Part payments shall not be accepted. The Allottee(s) agrees to pay to the Promoter the outstanding amounts including interest as mentioned hereinabove, from the due date till the date of receipt of amounts or realization of the cheque by the Promoter, whichever is later. (iii) Without prejudice to the rights of the Promoter to charge interest in terms of the clauses herein, upon the Allottee(s) committing breach of any of the terms of the Agreement including default in payment of any outstanding amount, due and payable by the Allottee(s) to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings), the Promoter shall issue a notice of such default to the Allottee(s) and the Allottee(s) shall be provided with a period of fifteen (15) days from the date of such notice to cure the said default or breach. In the event that the Allottee(s) fails to cure such default or breach, within fifteen (15) days from the date of notice (or such default or breach is not capable of being rectified), the Company shall have the option to cancel and terminate this Agreement by sending a cancellation letter by Registered Post AD at the address provided by the Allottee(s) and/or mail at the e-mail address provided by the Allottee(s), intimating him of the specific breach/ default or breaches/defaults of terms and conditions in respect of which the Company is cancelling and terminating this Agreement. (iv) On such cancellation, the allotment/booking/agreement for the said Unit shall stand immediately cancelled and the Allottee shall have no right whatsoever with respect to the said Unit. (v) Upon cancellation of the allotment and/or termination of the Agreement (as the case may be), the Promoter shall refund all such amounts paid by the Allottee(s) till the date of cancellation without interest subject to forfeiture of the following amounts as detailed hereunder being the liquidated damages payable to the Promoter: (a) Booking Amount or the actual amount paid, whichever is higher, subject to a maximum of 10% of the Total Price. Taxes, cess, levies, charges, stamp duty, registration charges etc. paid on all such amounts shall not be refunded to the Allottee(s); (b) Total interest accrued on account of the delay/ default in payment of any Instalment/s and other charges as per the Payment Schedule calculated till the date of the cancellation/ termination letter; (c) Amount of penalty (including taxes) for dishonor of cheque (if any) by the Allottee(s) under this Application/ Agreement; (d) All amounts collected as taxes, charges, levies, cess, assessments and all other impositions which may be levied by any appropriate authorities including but not limited to, GST, value added tax, works contract tax, service tax or any other tax of any nature; (e) All amounts or amounts equivalent to any subvention cost (if the Allottee(s) has opted for subvention plan), benefits, discounts, rebate, concession, gift card, white goods (inclusive of taxes) etc. granted to the Allottee(s) by the Promoter in respect of the booking of the Allottee(s) irrespective of whether such benefits have been utilized by the Allottee(s) until the date of cancellation of the said Unit; (f) All amounts (including taxes) paid or payable as brokerage fee to any real estate agent, broker, channel partner, institution etc. by the Promoter in respect of the booking of the Allottee(s). (g) All outgoings, deposit and other charges as specified in Schedule C paid till the date of issuance of the cancellation/termination letter including amounts towards formation of Organization/ Apex Organisation (as may be applicable). (h) Administrative charges, Ombudsman fees and/ or such amounts incurred towards insurance by the Promoter in respect of the booking of the Unit. (vi) The Promoter shall have the first lien and charge on the said Unit for all its dues and other sums unpaid due and payable by the Allottee(s) to the Promoter. The Allottee(s) shall not transfer its rights under this Agreement, in any manner whatsoever, without making full payment of all amounts payable by the Allottee(s) under this Agreement, to the Promoter. It is hereby clarified that for the purposes of this Agreement payment shall mean the date of credit of the amount in the account of the Promoter. (vii) The Allottee(s) further agrees that the Promoter shall refund the balance amounts either by way of (i) personal hand delivery of cheque(s) to the Allottee(s) or (ii) courier of cheque(s) to the Allottee(s) at the aforementioned address mentioned in this Form or in the Agreement for Sale, or (iii) through any other means as the Promoter may deem fit. The Promoter may at its discretion also make refund through RTGS to the Allottee(s) as per account details for refund as mentioned in the Application form or Agreement signed by the Allottee(s). In case of Default by Allottee under Allottee(s) who have availed home loan and mortgaged the condition listed above continues for said Unit to any Bank/ Financial Institution, such refund to Allottee(s) shall be processed post intimation to any Bank/ Financial Institution and release of amounts to such Bank/ Financial Institution as per agreements, documents, papers etc. signed between the Allottee(s) and such Bank/ Financial Institution and the Allottee(s). In the event the Allottee(s) is untraceable and/or unreachable and /or does not accept refund amount, the Promoter shall place the balance refund amount in an interest free escrow account of a period beyond consecutive months after notice Bank. The date of such personal handover or courier of cheque(s) or transfer to the interest free account would be deemed to be the date on which the Promoter has refunded the balance amount and the Promoter’s liability shall end on such date. Such refund shall be in the name of the first applicant (as per the Application Form) /lender (in case the Allottee(s) has procured a loan from a bank/ financial institution), as the case may be. This shall be full and final discharge of all obligations on the part of the Promoter or its employees and the Allottee(s) will not raise any objection or claim on the Promoter in this regard, . (viii) Upon the Promoter shall cancel cancellation and termination of the allotment of the [ApartmentUnit, the Allottee(s) shall not have any right title or interest with respect to the Unit and the Promoter shall be at a liberty to sell or otherwise dispose off the Unit to any other person/Plot] party whomsoever, at such price, in favour such manner and on such terms and conditions as the Promoter may in its sole, absolute and unfettered discretion think fit and proper and the Allottee(s) waive their right to raise any objection or dispute in this regard. (ix) The Allottee(s) hereby also covenant/s to observe and perform all the terms and conditions of the Allottee booking, and/or allotment and/or this Agreement to keep the Promoter and refund its agents and representatives, estates and effects indemnified and harmless against the rights, responsibilities and obligations of the Allottee(s) to the Promoter under this Agreement. Further, the Allottee(s) shall indemnify the Promoter also against any loss or damages that Promoter may suffer as a result of non-payment of any amount money paid herein including the Total Price, non-observance, or non-performance of the terms and conditions mentioned herein. The Allottee(s) confirms that the Promoter shall have a right of first lein on the Unit in the event any amounts are outstanding to him the Promoter. The Allottee(s) further confirms that this clause be applicable even post possession being handed over to the Allottee(s) (x) In the event of dis-honour of any payment instruments or any payment instructions by or on behalf of the allottee by deducting Allottee(s) for any reason whatsoever, then the booking amount same shall be treated as a default and the interest liabilities and this Agreement shall thereupon stand terminatedPromoter may at its sole discretion be entitled to exercise any recourse available herein. Provided that Further, the Promoter shall intimate the Allottee about such termination Allottee(s) of the dishonour of the cheque and the Allottee(s) would be required to promptly tender a Demand Draft of the outstanding amounts including interest from the due date till the date of receipt by the Promoter of all the amounts including the Dishonour Charges of Rs. 5000/- (Rupees Five Thousand only) (for each dis-honour). In the event the said Demand Draft is not tendered within 7 (seven) days then the Promoter shall be entitled to cancel the allotment, subject to provisions hereunder. In the event the Allottee(s) comes forward to pay the entire outstanding amounts, interest and penalty thereof, the Promoter may consider the same at least thirty days prior its sole discretion. In the event of dishonor of any payment cheque, the Promoter has no obligation to such terminationreturn the original dishonored cheque.

Appears in 1 contract

Samples: Sale Agreement

Events of Default and consequences. 9.1 Subject 9.1. Except to the occurrence of a Force Majeure clauseevent, the Promoter shall Promoter/Ownershall be considered under a condition of Defaultdefault, in the following events:, namely (i) Promoter fails The Promoter/Ownerfails to provide ready to move in offer possession of the Unit unit to the Allottee allottee(s) without any default on the part of the allottee(s), within the time period specified. For specified in Clause 7 above in this agreement or fails to complete the purpose project within the stipulated time disclosed at the time of this clause, 'ready to move in possession' shall mean that registration of the apartment shall be in a habitable condition which is complete in all respects;project with the Authority. (ii) Discontinuance of the Promoter’s promoter/Owner's business as a developer on account of suspension or revocation or expiry of his registration under the provisions of the Act act or the rules or regulations made thereunder. 9.2 9.2. In case of Default default by Promoter under the Promoter/Ownerunder the conditions listed above, Allottee allottee(s) is entitled entitled, subject to the following:condition that there is no default on the part of the allottee(s), to the following – (i) Stop making further payments to Promoter as the Promoter/Xxxxxxx demanded by the Promoterpromoter/Owner. If the Allottee allottee(s) stops making payments, the Promoter shall Promoter/Ownershall correct the situation by completing the construction construction/development milestones and only thereafter the Allottee allottee(s) be required to make the next payment without any penal interest; or (ii) The Allottee allottee(s) shall have the option of terminating the Agreement agreement in which case the Promoter shall Promoter/Ownershall be liable to refund refund, subject to the availability of funds, the entire money paid by the Allottee allottee(s) under any head whatsoever towards the purchase of the apartmentunit, along with interest at from the rate specified in the Rules date of such termination within forty-five days of receiving the termination notice: notice Provided that where an Allottee allottee(s) does not intend to withdraw from the project or terminate the Agreementagreement, he shall be paid, by the promoter/Owner, interest calculated at the interest rate specified in for the Rules, for every month period of delay till the handing over of the possession of the [Apartmentunit, which shall be paid by the Promoter/Plot]Ownerto the allottee(s) within forty-five days of it becoming due. 9.3 9.3. The Allottee allottee(s) shall be considered under a condition of Defaultdefault, on the occurrence of the any one or more ofthe following events: (i) In case the Allottee allottee(s) fails to make payments for consecutive demandmade by the Promoter as foranyinstalments per the Payment Plan annexed hereto, despite having been issued notice payment plan stated in that regard Schedule - D; the allottee allottee(s) shall be liable to pay interest delay payment charges on the overdue amounts for the period commencing from the date on which such overdue amounts or part thereof were due to be paid by the allottee(s) to the promoter Promoter/Ownerand ending on date of the unpaid amount at payment of such overdue amounts by the rate specified in allottee(s) to the Rulespromoter/Owner. (ii) In case of Default default by Allottee allottee(s) under the condition conditions listed above continues for a period beyond consecutive months 30 days after notice from the Promoter in Promoter/Ownerin this regard, the Promoter shall cancel the allotment of the [ApartmentPromoter/Plot] in favour of the Allottee and refund the amount money paid to him by the allottee by deducting the booking amount and the interest liabilities and Ownermay terminate this Agreement shall thereupon stand terminated. Provided agreement, provided that the Promoter shall Promoter/Ownershall intimate the Allottee allottee(s) about such termination cancellation at least thirty days prior to such terminationcancellation. (iii) In case of delay or failure on the part of the allottee(s) to deposit the stamp duty/registration charges, any other amounts due to the Promoter/Ownerunder this agreement including delay payment charges, if applicable and/or in execution and registration of conveyance deed of the unit and/or taking possession of the unit within the period mention in the letter for intimation of possession; the Promoter/Ownershall have the option to terminate this agreement. (iv) In case of breach of any other terms & conditions of this agreement on the part of the allottee(s) and/or violation of any of the applicable laws on the part of the allottee(s); the Promoter/Ownershall have the option to terminate this agreement. (v) It is expressly agreed between the parties that in case of defaults under Clause 9.2 (iii) and (iv) above, on the part of the allottee(s), till the time the Promoter/Ownerexercises the option to terminate this agreement, it shall be entitled to (a) recover delay payment charges as per Clause 9.2 (i); (b) recover maintenance charges from the deemed date of possession; (c) recover holding/safeguarding charges @ 0.1% per month on the total price of the unit; (d) withhold registration of conveyance deed in favour of the allottee(s); and to refuse possession of the unit to the allottee(s) till the payment of amounts mentioned in Clause 9.2 (iii). (vi) The rights and remedies of the Promoter/Ownerunder all the above clauses shall be in addition to the other rights and remedies available to the Promoter/Ownerunder applicable laws, equity and under this agreement. Further, acceptance of any payment without delay payment charges shall not be deemed to be a waiver by the Promoter/Ownerof its right of charging such delay payment charges or of the other rights mentioned in this agreement. 9.4. Upon termination of this agreement by the promoter/Owner, due to the default of the allottee(s) as mentioned in Clause 9.2hereinabove, the Promoter/Ownershall further be entitled to forfeit the xxxxxxx amount, all/any taxes, duties, cess etc. deposited by the Promoter/Ownerto the concerned departments/authorities in respect of the unit, all/any penalties and delay payment charges in respect of the unit, the brokerage charges paid by the Promoter/Ownerin respect of the unit, as on the date of cancellation, , from the amounts paid by the allottee(s) till such date and the balance amount of money paid by the allottee(s) shall be returned by the Promoter/Ownerto the allottee(s) without any interest, from the amounts realized from the such new allottee(s) of the same unit. The allottee(s), upon termination of this agreement, shall not have any lien, right, title, interest or claim in respect of the unit. The Promoter/Ownershall be entitled to sell the unit to any other person or otherwise deal with the unit in any manner whatsoever. 9.5. Without prejudice to the rights of the Promoter/Ownerunder this agreement, the Promoter/Ownershall be entitled to file/initiate appropriate complaint/proceedings against the allottee(s) under the act or any other law for the time being in force for default/breach of any other terms and conditions of this agreement or the provisions of the act/rules/regulations.

Appears in 1 contract

Samples: Sale Agreement

Events of Default and consequences. 9.1 Subject to the Force Majeure clause, the Promoter shall be considered under a condition of Default, in the following eventsIf and whenever: (ia) Promoter fails to provide ready to move in possession of the Unit to the Allottee within the time period specified. For the purpose of this clauseThe rent hereby reserved, 'ready to move in possession' shall mean that the apartment shall or any part thereof; be in a habitable condition which is complete in all respects; (ii) Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by Promoter under the conditions listed above, Allottee is entitled to the following: (i) Stop making further payments to Promoter as demanded by the Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any penal interestnot paid when due; or (iib) The Allottee shall have term hereby granted, or any goods, chattels or equipment of the Tenant, be taken or exigible in execution or in attachment or if a writ of execution issues against the Tenant; or (c) The Tenant becomes insolvent or commit and act of bankruptcy or takes the benefit of any Act that may be in force for bankrupt or insolvent debtors or becomes involved in voluntary or involuntary winding-up proceedings or if a receiver be appointed for the business, property, affairs or revenues of the Tenant; or (d) The Tenant makes a bulk sale of its goods or moves or commences, attempts or threatens to move its good, chattels and equipment out of the Premises (other than in the routine course of its business) or ceases to conduct business from the Premises, or (e) The Tenant does not observe, perform and keep each and every of the covenants, agreements, provisions, stipulations and conditions herein contained to be observed, performed and kept by the Tenant and persists in such failure after seven (7) days notice by the Landlord requiring that the Tenant remedy, correct, desist, or comply (or in the case of any such breach ~which reasonably would require more than seven (7) day notice period and thereafter promptly and diligently and continuously proceeds with the rectification of the breach); then and in any of such cases, at the option of terminating the Agreement in which case Landlord, the Promoter shall be liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase full amount of the apartmentcurrent month's and next ensuing three months' Gross Monthly Rent and all other Additional Charges for the current month, along with interest at shall immediately become due and payable and the rate specified in the Rules within forty-five days of receiving the termination notice: Provided that where an Allottee does not intend to withdraw Landlord may immediately distrain from the project same and any arrears of Gross Monthly Rent or terminate Additional Charges then unpaid, and the Agreement, he shall be paid, by the promoter, interest at the rate specified in the Rules, for every month Landlord may without notice or any form of delay till the handing over of the legal process forthwith re-enter upon and take possession of the [Apartment/Plot]. 9.3 The Allottee shall be considered under a condition Premises or any part thereof and remove and sell the Tenant's goods, chattels and equipment therefrom, any rule of Defaultlaw or equity to the contrary notwithstanding; and the Landlord may seize and sell such goods, on the occurrence chattels and equipment of the following events: (i) In case the Allottee fails to make payments for consecutive demandmade by the Promoter Tenant as per the Payment Plan annexed hereto, despite having been issued notice in that regard the allottee shall be liable to pay interest to the promoter on the unpaid amount at the rate specified are in the Rules. (ii) In case of Default by Allottee under Premises or at any place to which the condition listed above continues for a period beyond consecutive months after notice from Tenant or any other person may have removed them in the Promoter same manner as if they had remained and been distrained upon the Premises; and such sale may be effected in this regard, the Promoter shall cancel the allotment discretion of the [Apartment/Plot] Landlord either by public auction or by private agreement, and either in favour of bulk or by individual item, or partly by one means and partly by another, all as the Allottee and refund the amount money paid to him by the allottee by deducting the booking amount and the interest liabilities and this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least thirty days prior to such terminationLandlord in its entire discretion may decide.

Appears in 1 contract

Samples: Gross Lease (Dsi Datotech Systems Inc)

Events of Default and consequences. 9.1 Subject to the Force Majeure clauseprovision of Clause 7.6 in herein above, the Promoter shall be considered under a condition of Default, in the following events: (i) The Promoter fails to provide ready to move in the possession of the Unit to the Allottee within on or before the time period specified. For Date of Possession or the purpose Revised Date of this clause, 'ready Possession (as the case may be) or fails to move in possession' shall mean that complete the apartment shall be in a habitable condition which is complete in all respects;Project on or before the Time Schedule of Completion or the Revised Time Schedule of Completion. (ii) Discontinuance of the Promoter’s 's business as a developer on account of suspension or revocation of his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default default by the Promoter under the conditions listed above, the Allottee is shall be entitled to the following: (i) Stop making further payments to Promoter as demanded by the Promoter for the construction milestone that is not achieved by the Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any penal interest; or (ii) The Allottee shall have the option of terminating the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase of the apartment, along with interest at the rate specified prescribed in the Rules within forty-five days of receiving the termination notice: ; Provided that where an Allottee does not intend to withdraw from the project or terminate the Agreement, he shall be paidentitled to Compensation as set out in Paragraph 7.6 above. (iii) In case the Promoter is forced to discontinue the construction of the said Unit and/ or Project (entire or part) due to force majeure reasons and/ or due to operation of any law or statutory order or otherwise, then the Promoter shall be liable to refund the amounts paid by the promoterAllottee(s) without any liability towards interest or compensation or loss of profit or costs or damages, interest at subject to deduction of applicable taxes, within 6 (six) months from the rate specified in the Rules, for every month happening of delay till the handing over of the possession of the [Apartment/Plot]such eventuality. 9.3 The Allottee shall be considered under a condition of Default, on the occurrence of the following events: (i) In case the Allottee The Allottee(s) fails to make timely payments for consecutive demandmade of the outstanding, amounts due and payable (including the Allottee(s)’s proportionate share of taxes levied by concerned local authority, Additional Outgoings, provisional CAM charges etc.) payable by him/her and meeting the other obligations under this Agreement. Time is the essence, with respect to the Allottee(s)’s obligations to pay all such amounts as mentioned in this Agreement and also to perform or observe all the other obligations of the Allottee(s) under this Agreement. The Allottee(s) agree/s that 10% (ten percent) of the Total Price (“Booking Amount”) shall be treated as xxxxxxx money to ensure fulfilment by the Promoter Allottee(s) of the terms and conditions, as per the Payment Plan annexed hereto, despite having been issued notice in that regard the allottee shall be liable to pay interest to the promoter on the unpaid amount at the rate specified in the Rulescontained herein. (ii) Payment of outstanding amounts due and payable shall have to be paid by the Allottee(s) within fifteen (15) days from the Promoter’s Demand Letter, failing which the Promoter shall be entitled to charge interest as per applicable law on all delayed payments. Payment within time would be deemed to be essence of the terms of these presents. Part payments shall not be accepted. The Allottee(s) agrees to pay to the Promoter the outstanding amounts including interest as mentioned hereinabove, from the due date till the date of receipt of amounts or realization of the cheque by the Promoter, whichever is later. (iii) Without prejudice to the rights of the Promoter to charge interest in terms of the clauses herein, upon the Allottee(s) committing breach of any of the terms of the Agreement including default in payment of any outstanding amount, due and payable by the Allottee(s) to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings), the Promoter shall issue a notice of such default to the Allottee(s) and the Allottee(s) shall be provided with a period of fifteen (15) days from the date of such notice to cure the said default or breach. In the event that the Allottee(s) fails to cure such default or breach, within fifteen (15) days from the date of notice (or such default or breach is not capable of being rectified), the Company shall have the option to cancel and terminate this Agreement by sending a cancellation letter by Registered Post AD at the address provided by the Allottee(s) and/or mail at the e-mail address provided by the Allottee(s), intimating him of the specific breach/ default or breaches/defaults of terms and conditions in respect of which the Company is cancelling and terminating this Agreement. (iv) On such cancellation, the allotment/booking/agreement for the said Unit shall stand immediately cancelled and the Allottee shall have no right whatsoever with respect to the said Unit. (v) Upon cancellation of the allotment and/or termination of the Agreement (as the case may be), the Promoter shall refund all such amounts paid by the Allottee(s) till the date of cancellation without interest subject to forfeiture of the following amounts as detailed hereunder being the liquidated damages payable to the Promoter: (a) Booking Amount or the actual amount paid, whichever is higher, subject to a maximum of 10% of the Total Price. Taxes, cess, levies, charges, stamp duty, registration charges etc. paid on all such amounts shall not be refunded to the Allottee(s); (b) Total interest accrued on account of the delay/ default in payment of any Instalment/s and other charges as per the Payment Schedule calculated till the date of the cancellation/ termination letter; (c) Amount of penalty (including taxes) for dishonor of cheque (if any) by the Allottee(s) under this Application/ Agreement; (d) All amounts collected as taxes, charges, levies, cess, assessments and all other impositions which may be levied by any appropriate authorities including but not limited to, GST, value added tax, works contract tax, service tax or any other tax of any nature; (e) All amounts or amounts equivalent to any subvention cost (if the Allottee(s) has opted for subvention plan), benefits, discounts, rebate, concession, gift card, white goods (inclusive of taxes) etc. granted to the Allottee(s) by the Promoter in respect of the booking of the Allottee(s) irrespective of whether such benefits have been utilized by the Allottee(s) until the date of cancellation of the said Unit; (f) All amounts (including taxes) paid or payable as brokerage fee to any real estate agent, broker, channel partner, institution etc. by the Promoter in respect of the booking of the Allottee(s). (g) All outgoings, deposit and other charges as specified in Schedule C paid till the date of issuance of the cancellation/termination letter including amounts towards formation of Organization/ Apex Organisation (as may be applicable). (h) Administrative charges, Ombudsman fees and/ or such amounts incurred towards insurance by the Promoter in respect of the booking of the Unit. (vi) The Promoter shall have the first lien and charge on the said Unit for all its dues and other sums unpaid due and payable by the Allottee(s) to the Promoter. The Allottee(s) shall not transfer its rights under this Agreement, in any manner whatsoever, without making full payment of all amounts payable by the Allottee(s) under this Agreement, to the Promoter. It is hereby clarified that for the purposes of this Agreement payment shall mean the date of credit of the amount in the account of the Promoter. (vii) The Allottee(s) further agrees that the Promoter shall refund the balance amounts either by way of (i) personal hand delivery of cheque(s) to the Allottee(s) or (ii) courier of cheque(s) to the Allottee(s) at the aforementioned address mentioned in this Form or in the Agreement for Sale, or (iii) through any other means as the Promoter may deem fit. The Promoter may at its discretion also make refund through RTGS to the Allottee(s) as per account details for refund as mentioned in the Application form or Agreement signed by the Allottee(s). In case of Default by Allottee under Allottee(s) who have availed home loan and mortgaged the condition listed above continues for said Unit to any Bank/ Financial Institution, such refund to Allottee(s) shall be processed post intimation to any Bank/ Financial Institution and release of amounts to such Bank/ Financial Institution as per agreements, documents, papers etc. signed between the Allottee(s) and such Bank/ Financial Institution and the Allottee(s). In the event the Allottee(s) is untraceable and/or unreachable and /or does not accept refund amount, the Promoter shall place the balance refund amount in an interest free escrow account of a period beyond consecutive months after notice Bank. The date of such personal handover or courier of cheque(s) or transfer to the interest free account would be deemed to be the date on which the Promoter has refunded the balance amount and the Promoter’s liability shall end on such date. Such refund shall be in the name of the first applicant (as per the Application Form) /lender (in case the Allottee(s) has procured a loan from a bank/ financial institution), as the case may be. This shall be full and final discharge of all obligations on the part of the Promoter or its employees and the Allottee(s) will not raise any objection or claim on the Promoter in this regard, . (viii) Upon the Promoter shall cancel cancellation and termination of the allotment of the [ApartmentUnit, the Allottee(s) shall not have any right title or interest with respect to the Unit and the Promoter shall be at a liberty to sell or otherwise dispose off the Unit to any other person/Plot] party whomsoever, at such price, in favour such manner and on such terms and conditions as the Promoter may in its sole, absolute and unfettered discretion think fit and proper and the Allottee(s) waive their right to raise any objection or dispute in this regard. (ix) The Allottee(s) hereby also covenant/s to observe and perform all the terms and conditions of the Allottee booking, and/or allotment and/or this Agreement to keep the Promoter and refund its agents and representatives, estates and effects indemnified and harmless against the rights, responsibilities and obligations of the Allottee(s) to the Promoter under this Agreement. Further, the Allottee(s) shall indemnify the Promoter also against any loss or damages that Promoter may suffer as a result of non-payment of any amount money paid herein including the Total Price, non-observance, or non-performance of the terms and conditions mentioned herein. The Allottee(s) confirms that the Promoter shall have a right of first lein on the Unit in the event any amounts are outstanding to him the Promoter. The Allottee(s) further confirms that this clause be applicable even post possession being handed over to the Allottee(s) (x) In the event of dis-honour of any payment instruments or any payment instructions by or on behalf of the allottee by deducting Allottee(s) for any reason whatsoever, then the booking amount same shall be treated as a default and the interest liabilities and this Agreement shall thereupon stand terminatedPromoter may at its sole discretion be entitled to exercise any recourse available herein. Provided that Further, the Promoter shall intimate the Allottee about such termination Allottee(s) of the dishonour of the cheque and the Allottee(s) would be required to promptly tender a Demand Draft of the outstanding amounts including interest from the due date till the date of receipt by the Promoter of all the amounts including the Dishonour Charges of Rs. 5000/- (Rupees Five Thousand only) (for each dis-honour). In the event the said Demand Draft is not tendered within 7 (seven) days then the Promoter shall be entitled to cancel the allotment, subject to provisions hereunder. In the event the Allottee(s) comes forward to pay the entire outstanding amounts, interest and penalty thereof, the Promoter may consider the same at least thirty days prior its sole discretion. In the event of dishonor of any payment cheque, the Promoter has no obligation to such terminationreturn the original dishonored cheque.

Appears in 1 contract

Samples: Sale Agreement

Events of Default and consequences. 9.1 11.1 Subject to the provisions of Clause 9.1 above (Force Majeure clauseMajeure), the Promoter shall be considered under a condition of Defaultto be in default, in the following events: (i) event the Promoter fails to provide ready to move in possession of the Said Unit to the Allottee within the time period specified. For the purpose of this clause, 'ready to move in possession' shall mean that the apartment Said Unit shall be in a habitable condition which is complete in all respectsrespects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which completion certificate, has been issued by the competent authority; (ii) Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 11.2 In case of Default default by Promoter under the conditions listed as specified in Clause 11.1 above, Allottee is entitled to the following: (i) Stop making further payments to Promoter as demanded by the Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any penal interest; or (ii) The Allottee shall have the option to receive an alternative Unit with similar details forming part of terminating the Agreement in which case the Promoter shall Project, as may be liable to refund the entire money paid offered by the Allottee under any head whatsoever towards the purchase of the apartmentPromoter, along with interest at the rate specified subject to adjustment in the Rules within forty-five days of receiving Agreed Consideration, if any. 11.3 In the termination notice: Provided that where an event the Allottee does not intend exercise the option it has under Clause 11.2 above, then the Promoter agrees to withdraw from pay to the project or terminate Allottee by way of compensation an amount equivalent to the Agreement, he shall be paid, by the promoter, interest at the rate specified monthly rent prevailing for similar premises in the Rulesvicinity thereof for such delayed period, at a rate as may be mutually agreed, for every month of delay till the handing over of the possession of the [Apartment/Plot]Said Unit. 9.3 11.4 The Allottee shall be considered under a condition of Default, on the occurrence of the following events: (i) 11.4.1 Failure of the Allottee to make payment of the Agreed Consideration and/or any other charges payable by the Allottee including Additional Cost and Charges, under this Agreement or any part thereof within the due dates specified herein; 11.4.2 Breach by the Allottee of any of the terms of the Agreement, or any other document; 11.4.3 Failure to execute the Service Agreement. 11.5 In case of default by the Allottee fails to make payments for consecutive demandmade as specified in Clause 11.4 above, the below mentioned consequences shall follow: 11.5.1 In case of default by the Promoter Allottee as per specified in Clause 11.4.1, the Payment Plan annexed hereto, despite having been issued notice in that regard the allottee Allottee shall be liable to pay interest at the rate equivalent to Prime Lending Rate of the promoter State Bank of India (as applicable on such date) plus 2% (two percent) per annum on the unpaid amount at amount, within 45 (forty-five) days of such due date along with such unpaid amount, to the rate specified in the Rules. (ii) Promoter. In case such failure to pay on the part of Default by the Allottee under the condition listed above continues for a period beyond 2 (two) consecutive months after notice from the Promoter in this regard, the Promoter shall be eligible to cancel the allotment of the [Apartment/Plot] Said Unit in favour of the Allottee by a written intimation to the Allottee, and refund the amount money paid to him the Promoter by the allottee by Allottee within 45 (forty-five) days, after deducting the booking amount Booking Amount plus applicable GST payable thereon and the interest liabilities and this on the unpaid amount till such date. The Promoter shall intimate the Allottee at least 30 (thirty) days prior to such termination. This Agreement shall thereupon stand terminated. Provided In the event of such cancellation, the Allottee will have no right, title, lien, claim or demand whatsoever in respect of the Said Unit. 11.5.2 In case of default by the Allottee as specified in Clause 11.4.2 or Clause 11.4.3, the Promoter may cancel this Agreement and the allotment of the Said Unit after giving prior written notice of [●] ([●]) days to the Allottee to rectify the same or execute the Service Agreement. In case of failure on the part of the Allottee to rectify such breach or execute the Service Agreement within the time specified, the Promoter may cancel this Agreement and the said allotment, and issue refund of such amount as was paid by the Allottee till the date of such breach, after deduction of the Booking Amount only plus applicable GST payable thereon, without any interest or compensation. Allottee shall have the right to claim such refund with effect from the date of transfer of the Said Unit to an alternative allottee by the Promoter at a price which is higher than the amount payable to the Allottee. 11.5.3 It is clarified that in case of refund specified in Clause 11.5.1 or Clause 11.5.2 above, all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. 11.6 Upon termination of this Agreement, the Allottee shall neither be entitled to claim any right, title and interest, either equitable or otherwise, over and in respect of the Said Unit and/or the Project Land or any part or portion thereof nor shall be entitled to claim any charge on the Said Unit, the Project Land and/or any part or portion thereof in any manner whatsoever. The effect of such termination shall be binding and conclusive on the Allottee. 11.7 Any payment/refund made to the Allottee shall be conclusive evidence of the discharge of liabilities on the part of the Promoter or its assignees. Termination/cancellation of this Agreement as provided in Clause 11.5.2 shall be conclusive when payment is made to the bank account as detailed in Schedule H (Schedule of Bank Account Details of the Allottee). However, in case the Allottee has borrowed funds from a bank for purchasing the Said Unit, such payment/refund shall be made to the lending bank account as per the details provided by the Allottee. 11.8 In the event, at the time of handing over possession, if it is found that the Promoter shall intimate Resident nominated by the Allottee about such termination at least thirty days prior does not fulfill the conditions specified in Clause 2.3 above, then the said Resident, so nominated by the Allottee, shall be forthwith evicted from the Said Unit and the Allottee shall be required to grant lease or license of the Said Unit to such terminationResident who fulfills the criteria mentioned in Clause 2.3 above, either by itself or through the Promoter.

Appears in 1 contract

Samples: Sale Agreement

Events of Default and consequences. 9.1 11.1 Subject to the provisions of Clause 9.1 above (Force Majeure clauseMajeure), the Promoter shall be considered under a condition of Defaultto be in default, in the following events: (i) 11.1.1 The Promoter fails to provide ready to move in possession of the Unit And Appurtenances to the Allottee within the time period specified. For the purpose of this clause, 'ready to move in possession' shall mean that the apartment Unit shall be in a habitable condition which is complete in all respectsrespects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which occupancy certificate, has been issued by the competent authority; (ii) 11.1.2 Discontinuance of the Promoter’s business as a developer Promoter on account of suspension or revocation of his registration under the provisions of the Act or the rules or regulations made thereunder.there under; 9.2 11.2 In case of Default default by Promoter under the conditions listed as specified in Clause 11.1.1 above, Allottee is shall be entitled to the followingto: (i) 11.2.1 Stop making further payments to the Promoter as demanded by the Promoter. If the Allottee stops making payments, Promoter unless the Promoter shall correct cures the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment further payments without attracting any penal interest, provided the said payment is made by the Allottee within 7 (seven) working days from the date of the Promoter curing the situation by completing the construction milestones; or (ii) 11.2.2 The Allottee shall have the option of terminating the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase of the apartmentUnit And Appurtenances, along with interest at the rate specified in equivalent to Prime Lending Rate of the Rules State Bank of India (as applicable on such date) plus 2% (two percent) p.a. within forty-five 45 (forty‐five) days of receiving the termination notice: . Provided that where an Allottee does not intend to withdraw from the project Project or terminate the Agreement, he shall be paid, by the promoterPromoter, interest at the rate specified in the Rules, for every month of delay till the handing over equivalent to Prime Lending Rate of the possession State Bank of the [Apartment/Plot]. 9.3 The Allottee shall be considered under a condition of Default, India (as applicable on the occurrence of the following events: such date) plus 2% (i) In case the Allottee fails to make payments for consecutive demandmade by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the allottee shall be liable to pay interest to the promoter on the unpaid amount at the rate specified in the Rules. (ii) In case of Default by Allottee under the condition listed above continues for a period beyond consecutive months after notice from the Promoter in this regard, the Promoter shall cancel the allotment of the [Apartment/Plot] in favour of the Allottee and refund the amount money paid to him by the allottee by deducting the booking amount and the interest liabilities and this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least thirty days prior to such termination.two percent)

Appears in 1 contract

Samples: Agreement for Sale

Events of Default and consequences. 9.1 Subject to the any Force Majeure clauseevent, the Promoter shall be considered under a condition of Defaultto be in default, in the following events: (i) 9.1.1. The Promoter fails to provide ready to move in possession of the Unit usable Plot to the Allottee within the time period specifiedmentioned in Clause 7.1. For the purpose of this clause, 'ready to move in possessionusable' shall mean that the apartment Plot shall be in a habitable usable condition which is complete developed in all respectsrespects including the provision of all amenities and facilities, as agreed to among the Parties; (ii) 9.1.2. Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of his registration under the provisions of the Act or the rules Rules or regulations made thereunder.thereunder or the Promoter being declared insolvent by any statutory authority under Applicable Laws; 9.2 In case of Default default by Promoter under the conditions listed as specified in Clause 9.1 above, Allottee is shall be entitled to the following: (i) 9.2.1 Stop making further payments to the Promoter as demanded by the Promoter. If the Allottee stops making payments, Promoter unless the Promoter shall correct cures the situation by completing the construction development milestones and only thereafter the Allottee be required to make the next payment further payments without any penal interest; or (ii) 9.2.2 The Allottee shall have the option of terminating the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase of the apartmentPlot, along with interest at the rate specified in equivalent to Prime Lending Rate of the Rules State Bank of India (as applicable on such date) plus 2% p.a. within 45 (forty-five five) days of receiving the termination notice: . Provided that where an Allottee does not intend to withdraw from the project Project or terminate the Agreement, he shall be paid, by the promoterPromoter, interest at the rate specified in equivalent to Prime Lending Rate of the Rules, State Bank of India (as applicable on such date) plus 2% p.a. for every month of delay till the handing over of the possession of the [Apartment/Plot], which shall be paid by the Promoter to the Allottee within 45 (forty-five) days of it becoming due; or 9.2.3 The Allottee shall have the option to receive an alternative plot with similar details forming part of the Project, as may be offered by the Promoter, subject to adjustment in the Agreed Consideration, if any. 9.3 The Allottee shall be considered under a condition of Defaultdefault, on the occurrence of the following eventsevents and the consequences of the same shall be as below: (i) In 9.3.1 in case the Allottee fails to make payments payment for consecutive demandmade demands made by the Promoter as per the Payment Plan annexed heretowithin the due date, despite having been issued notice in that regard regard, the allottee Allottee shall be liable to pay interest at the rate equivalent to Prime Lending Rate of the promoter State Bank of India (as applicable on such date) plus 2% p.a. on the unpaid amount at as per the rate specified in Payment Plan within 45 (forty-five) days of such due date alongwith such unpaid amount, to the RulesPromoter. (ii) 9.3.2 In case such failure to pay on the part of Default by the Allottee under the condition listed above continues for a period beyond consecutive months after notice from the Promoter in this regardof 45 days, the Promoter shall may at their sole discretion cancel the allotment of the [Apartment/Plot] in favour Plot by giving a written notice of 30 (thirty) days to the Allottee Allottee, and refund the amount money paid to him the Promoter by the allottee by Allottee, after deducting the booking amount being INR [●] (Indian Rupees [●]) only and the interest liabilities and this on the unpaid amount till such date. This Agreement shall thereupon stand terminated. Provided that In the Promoter shall intimate event of such cancellation, the Allottee about will have no right, title, lien, claim or demand whatsoever in respect of the Plot. 9.4 The Allottee has agreed to be guided by the various clauses in General Terms and Conditions (GTC) and other. However, where any such terms are in conflict with the terms mentioned herein, the terms mentioned in this Agreement shall hold good. 9.5 Save and except for the provisions contained in Clause 9.2.1 and 9.2.2 above, upon termination of this Agreement, the Allottee shall neither be entitled to claim any right, title and interest, either equitable or otherwise, over and in respect of the Plot and/ or the Said Land or part or portion thereof nor shall be entitled to claim any charge on the Plot, the Said Land and/or any part or portion thereof in any manner whatsoever. The effect of such termination at least thirty days prior to such terminationshall be binding and conclusive on the Allottee.

Appears in 1 contract

Samples: Agreement for Sale

Events of Default and consequences. 9.1 Subject to the Force Majeure clauseSubjecttotheForceMajeureclause, the Promoter shall be considered under a condition thePromotershallbeconsideredunderacondition of Default, in the following events: (i) 9.1.1 Promoter fails to provide ready to move in possession of the Unit to the Allottee Apartment tothe Allottee(s) within the time period specified. For the purpose of this clause, 'ready to move tomove in possession' shall mean that the apartment shall be in a habitable condition which conditionwhich is complete in all respects; (ii) Discontinuance of the Promoter’s business as a developer on account of suspension 9.1.2 DiscontinuanceofthePromoter’sbusinessasadeveloperonaccountofsuspens ion or revocation of his registration under the provisions of the Act or the rules or rulesor regulations made thereunder. 9.2 In case of Default by Promoter under the conditions listed above, Allottee is entitled to the following: (i) ; IncaseofDefaultbyPromoterundertheconditionslistedabove,Allottee(s)isentitledtoth efollowing: Stop making further payments to Promoter as demanded by the Promoter. If the Allottee theAllottee(s) stops making payments, the Promoter shall correct the situation citation by completing the completingthe construction milestones and only thereafter the Allottee Allottee(s) be required to make the next thenext payment without any penal interest; or (iior The Allottee(s) The Allottee shall have the option of terminating the Agreement in which case the Promoter whichcase thePromoter shall be liable to refund the entire money paid by the Allottee Allottee(s) under any head whatsoever towards the purchase of the apartment, along with headwhatsoevertowardsthepurchaseoftheapartment,alongwith interest at the rate specified ratespecified in the Rules within forty-five days of receiving the termination notice: Provided that where an Allottee Allottee(s) does not intend to withdraw from the project or terminate the Agreement, he shall be paid, by the promoter, interest at the rate specified orterminatetheAgreement,heshallbepaid,bythepromoter,interestattheratespecified in the Rules, for every month of delay till the handing over of the possession of the [ofthe Apartment/Plot]. 9.3 The Allottee shall be considered under a condition of Default, on the occurrence of the following . TheAllottee(s)shallbeconsideredunderaconditionofDefault,ontheoccurrenceofthefo llowing events: (i) In case the Allottee fails to make payments for : IncasetheAllottee(s)failstomakepaymentsfor consecutive demandmade demands made by the Promoter as per the Payment asperthePayment Plan annexed hereto, despite having despitehaving been issued notice in that regard the allottee allottee(s) shall be liable to pay interest to the promoter thepromoter on the unpaid amount at the rate specified in the Rules. (ii) . In case of Default by Allottee Allottee(s) under the condition listed above continues for a period aperiod beyond consecutive months after notice from the Promoter in this regard, the Promoter thePromoter shall cancel the allotment of the [Apartment/Plot] Apartment in favour of the Allottee and Allottee(s)and refund the amount money paid to him by the allottee allottee(s) by deducting the booking amount bookingamount and the interest liabilities and this Agreement thisAgreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least thirty days prior to such termination.

Appears in 1 contract

Samples: Sale Agreement

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Events of Default and consequences. 9.1 Subject Any /all defaults, breaches and/ or non-compliance of any of the terms and conditions of this Agreement, whether singly or in conjunction with other term(s), shall be deemed to be events of default liable for consequences stipulated herein. Such Events of Default shall include but not be limited to the Force Majeure clause, various defaults illustratively mentioned hereunder (each being an Event of Default within the Promoter shall be considered under a condition meaning of this clause and referred to as “Event of Default, in the following events:”): (i) Promoter fails Failure to provide ready to move in possession of the Unit to the Allottee make any or all payment(s) within the time period specified. For stipulated timeframe as mentioned in the purpose of this clausePayment Plan and failure to pay stamp duty, 'ready legal, registration, any incidental charges, any increases in security including but not limited to move in possession' shall mean that the apartment shall be in a habitable condition which is complete in all respects; (ii) Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by Promoter under the conditions listed above, Allottee is entitled to the following: (i) Stop making further payments to Promoter interest-free maintenance security as demanded by the Promoter. If Company, any other charges, taxes, and the Allottee stops making paymentslike, as may be notified by the Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required Company to make the next payment without any penal interest; or (ii) The Allottee shall have the option of terminating the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase terms of the apartment, along with interest at the rate specified in the Rules within forty-five days of receiving the termination notice: Provided that where an Allottee does not intend to withdraw from the project or terminate the this Agreement, he shall be paid, by the promoter, interest at the rate specified in the Rules, for every month and all other defaults of delay till the handing over of the possession of the [Apartment/Plot]. 9.3 The Allottee shall be considered under a condition of Default, on the occurrence of the following events: (i) In case the Allottee fails to make payments for consecutive demandmade by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the allottee shall be liable to pay interest to the promoter on the unpaid amount at the rate specified in the Rulessimilar nature. (ii) In Failure to perform and observe any or all the Allottee’s obligations as set forth in this Agreement or if the Allottee fails to execute any deed, document, undertakings, indemnities, or to perform any other obligations as may be set forth in any other agreement subsequent to this Agreement that the Allottee may have with the Company in relation to the Apartment. (iii) Failure to duly execute and deliver, to the Company, all copies of this Agreement within the time stipulated in this Agreement. (iv) Failure to execute the Maintenance Agreement and/or to pay on or before the due date the maintenance charges, maintenance security deposits, as may be demanded by the Company, the Maintenance Agency its nominees, other body or an association of owners of apartments, as the case may be. (v) Failure, pursuant to a request by the Company, to become a member of the association of owners of apartments of the Group Housing Colony or to pay subscription charges and membership fees as may be required by the Company or such association of apartment owners, as the case may be. (vi) Assignment of this Agreement or any right or interest of the Allottee in this Agreement without the prior written consent of the Company. (vii) Dishonor of any cheques/demand drafts and the like given by the Allottee for any reason whatsoever. (viii) Sale/transfer/disposal of/dealing with, in any manner, the allocated car parking spaces independent of the Apartment. (ix) Non-payment of stamp duty and other applicable charges towards registration of the Conveyance Deed within the stipulated period. (x) Any act of omission and commission which in the opinion of the Company amounts to an Event of Default by in terms of this Agreement and the Allottee under hereby agrees and confirms that the condition listed above continues for a period beyond consecutive months after notice from decision of the Promoter Company in this regardrespect shall be final and binding upon the Allottee. (xi) The Company shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above or otherwise in case, and in the Promoter shall cancel opinion of the Company, (a) the allotment of the [Apartment/Plot] Apartment has been obtained through misrepresentation, concealment or suppression of any material fact, or (b) the Allottee has violated or violates any direction, rule and regulation framed by the Company or the Maintenance Agency or any statutory body or competent authority, including the DGTCP. The conditions contained in favour this Clause shall also apply to the conveyance of the Allottee Apartment and refund shall run with the amount money paid to him by Apartment within the allottee by deducting meaning of Section 31 of the booking amount and the interest liabilities and this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least thirty days prior to such terminationTP Act.

Appears in 1 contract

Samples: Apartment Buyer’s Agreement

Events of Default and consequences. 9.1 39.1) Subject to the Force Majeure clauseconditions, the Promoter Seller shall be considered under a condition of Default, in the following events: (i) Promoter fails Seller’ fail to provide ready complete the Project and/or secure Occupancy Certificate for the Project from the plan sanctioning authorities within the time stipulated. (ii) Seller’ fail to move in deliver possession of the Unit to the Allottee Purchaser/s within the time period specified. For the purpose of this clause, 'ready to move in possession' shall mean that the apartment shall be in a habitable condition which is complete in all respects;. (iiiii) Discontinuance of the Promoter’s Seller’ business as a developer Seller on account of suspension or revocation of his its registration under the provisions of the Act or the rules Rules or regulations made thereunder. 9.2 39.2) In case of Default by Promoter Seller under the conditions listed above, Allottee is Purchaser/s is/are entitled to the following: (i) Stop making further payments to Promoter Seller as demanded by the PromoterSeller. If the Allottee stops Purchaser/s stop/s making payments, the Promoter Seller shall correct the situation by completing the construction milestones and only thereafter the Allottee Purchaser/s be required to make the next payment without any penal interest; or (ii) The Allottee Purchaser/s shall have the option of terminating the Agreement in which case the Promoter Seller shall be liable to refund the entire money paid by the Allottee under any head whatsoever Purchaser/s towards the purchase of the apartmentUnit, along with interest at the State Bank of India highest marginal cost of lending rate specified in the Rules plus 2 per cent within forty-five sixty days of receiving the termination notice: . Provided that where an Allottee does the Purchaser/s do not intend to withdraw from the project or terminate the Agreement, he shall be paid, by the promoterSeller, prevailing interest at the rate specified in the Rules, for every month of delay State Bank of India highest marginal cost of lending rate plus two per cent till the handing over of the possession of the [Apartment/Plot]Unit. 9.3 39.3) The Allottee Purchaser/s shall be considered under a condition of Default, on the occurrence of the following eventsevents and the Seller are entitled to terminate this Agreement and refund the amount paid by the Purchaser/s by deducting the booking/advance amount of 10% and the interest and other liabilities and taxes paid to Government Authorities within sixty days of cancellation as aforesaid: (i) In case the Allottee fails Purchaser/s fail/s to make payments for consecutive demandmade in spite of demands made by the Promoter Seller as per the Payment Plan annexed heretohereto in Annexure-1, despite having been issued notice in that regard the allottee Purchaser/s shall be liable to pay interest to the promoter Seller on the unpaid amount at the prevailing State Bank of India highest marginal cost of lending rate specified in the Rules. (ii) In case of Default plus two percent and default by Allottee Purchaser/s under the condition listed above continues for a period beyond consecutive two months after notice from the Promoter Seller in this regard, ; (ii) In case of default by the Promoter shall cancel the allotment Purchaser/s in compliance of the [Apartmentclauses stipulated relating to delivery of Unit; (iii) In the event of breach by the Purchaser/Plot] in favour s of any of the Allottee and refund terms of the amount money paid to him by the allottee by deducting the booking amount agreement and the interest liabilities and this Agreement same not being cured within a period of 30 days notice to that effect; 39.4) The Purchaser/s shall thereupon stand terminatedalso have the right to cancel/withdraw his/her/their allotment in the Project. Provided that where the Promoter Purchaser/s propose/s to cancel/withdraw from the project without any fault of the Seller, the Seller herein are entitled to forfeit booking amount paid for the allotment which is 10% of the total sale consideration. The balance amount of money paid by the Purchaser/s shall intimate be returned by the Allottee about Seller to the Purchaser/s within sixty days of such termination at least thirty days prior cancellation after deducting all outstanding amounts, including interest on delayed payments, taxes and brokerage paid if any. 39.5) The Seller shall compensate the Purchaser/s in case of any loss caused to such terminationhim/her/them due to defective title of the land, on which the Project is being developed or has been developed, in the manner as provided under the Act and the Rules thereunder.

Appears in 1 contract

Samples: Agreement to Sell

Events of Default and consequences. 9.1 10.1 Subject to the provisions of Clause 8.1 above (Force Majeure clauseMajeure), the Promoter Developer shall be considered under a condition of Defaultto be in default, in the following events: (i) Promoter 10.1.1 The Developer fails to provide ready to move in possession of the Unit And Appurtenances to the Allottee Purchaser within the time period specified. For the purpose of this clause, 'ready to move in possession' shall mean that the apartment Unit shall be in a habitable condition which is complete in all respects; (ii) 10.1.2 Discontinuance of the PromoterDeveloper’s business as a developer on account of suspension or revocation of his registration under the provisions of the Act or the rules or regulations made thereunder.there under; 9.2 10.2 In case of Default default by Promoter Developer under the conditions listed in Clause 10.1 above, Allottee is Purchaser shall be entitled to the followingto: (i) 10.2.1 Stop making further payments to Promoter the Developer as demanded by the Promoter. If Developer unless the Allottee stops making payments, the Promoter shall correct Developer cure the situation by completing the construction milestones and only thereafter the Allottee Purchaser be required to make the next payment further payments without attracting any penal interest; or (ii) 10.2.2 The Allottee Purchaser shall have the option of terminating the Agreement in which case the Promoter Developer shall be liable to refund the entire money paid by the Allottee Purchaser under any head whatsoever towards the purchase of the apartmentUnit And Appurtenances, along with interest at the rate specified in equivalent to Prime Lending Rate of the Rules State Bank of India (as applicable on such date) plus 2% p.a. within 45 (forty-five five) days of receiving the termination notice: . Provided that where an Allottee the Purchaser does not intend to withdraw from the project Project or terminate the Agreement, he shall be paid, by the promoterDeveloper, interest at the rate specified in equivalent to Prime Lending Rate of the Rules, State Bank of India (as applicable on such date) plus 2% p.a. for every month of delay till the handing over of the possession of the [Apartment/Plot]Unit And Appurtenances, which shall be paid by the Developer to the Purchaser within 45 (forty-five) days of it becoming due; or 10.2.3 The Purchaser shall have the option to receive an alternative Unit with similar details forming part of the Project, as may be offered by the Developer, subject to adjustment in the Agreed Consideration, if any. 9.3 10.3 In case of default by Developer as specified in Clause 10.1.2 above, Purchaser shall have the option of terminating the Agreement in which case the Developer shall be liable to refund the entire money paid by the Purchaser under any head whatsoever towards the purchase of the Unit And Appurtenances, along with interest at the rate equivalent to Prime Lending Rate of the State Bank of India (as applicable on such date) plus 2% p.a. within 45 (forty-five) days of receiving the termination notice. 10.4 The Allottee Purchaser shall be considered under a condition of Default, on the occurrence of the following events: (i) 10.4.1 Failure of the Purchaser to make payment of the Agreed Consideration or any part thereof within the due dates specified in the Schedule of Payment at Part-II of Schedule B hereinbelow; or 10.4.2 Breach by the Purchaser of any of the terms of the Agreement, or the Allotment Letter. 10.5 In case the Allottee fails to make payments for consecutive demandmade of default by the Promoter Purchaser as per specified in Clause 10.4 above, the Payment Plan annexed heretobelow mentioned consequences shall follow: 10.5.1 In case of default by the Purchaser as specified in Clause 10.4.1, despite having been issued notice in that regard the allottee Purchaser shall be liable to pay interest at the rate equivalent to Prime Lending Rate of the promoter State Bank of India (as applicable on such date) plus 2% p.a. on the unpaid amount at amount, within 45 (forty-five) days of such due date alongwith such unpaid amount, to the rate specified in the Rules. (ii) Developer. In case such failure to pay on the part of Default by Allottee under the condition listed above Purchaser continues for a period beyond consecutive months of 30 (thirty) days after notice from the Promoter Developer in this regard, the Promoter Developer shall cancel the allotment of the [Apartment/Plot] Unit And Appurtenances in favour of the Allottee Purchaser by a written intimation to the Purchaser, and refund the amount money paid to him the Developer by the allottee by Purchaser within a period of 6 (six) months, after deducting the booking amount being INR [●] (Indian Rupees [●]) only and the interest liabilities and this on the unpaid amount till such date. This Agreement shall thereupon stand terminated. Provided that In the Promoter event of such cancellation, the Purchaser will have no right, title, lien, claim or demand whatsoever in respect of the Unit And Appurtenances. 10.5.2 In case of default by the Purchaser as specified in Clause 10.4.2, the Developer may cancel this Agreement and the allotment of the Unit And Appurtenances after giving prior written notice of [30] ([Thirty]) days to the Purchaser to rectify the same. In case of failure on the part of the Purchaser to rectify such breach within the time specified, the Developer may cancel this Agreement and the said allotment, and issue refund of such amount as was paid by the Purchaser till the date of such breach, after deduction of INR [●] (Indian Rupees [●]) only, without any interest or compensation. Purchaser shall intimate have the Allottee about right to claim such refund with effect from the date of transfer of the said Unit And Appurtenances to an alternative Purchaser by the Developer at a price which is higher than the amount payable to the Allotee. 10.6 Save and except for the provisions contained in Clause 10.2.2 and 10.2.3 above, upon termination of this Agreement, the Purchaser shall neither be entitled to claim any right, title and interest, either equitable or otherwise, over and in respect of the Unit And Appurtenances and/or the Project Land or part or portion thereof nor shall be entitled to claim any charge on the Unit And Appurtenances, the Project Land and/or any part or portion thereof in any manner whatsoever. The effect of such termination at least thirty days prior to such terminationshall be binding and conclusive on the Purchaser.

Appears in 1 contract

Samples: Agreement for Sale

Events of Default and consequences. 9.1 Subject to the any Force Majeure clauseevent, the Promoter shall be considered under a condition of Defaultto be in default, in the following events: (i) 9.1.1. The Promoter fails to provide ready to move in possession of the Unit usable Plot to the Allottee within the time period specifiedmentioned in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause, 'ready to move in possessionusable' shall mean that the apartment Plot shall be in a habitable usable condition which is complete developed in all respectsrespects including the provision of all amenities and facilities, as agreed to among the Parties; (ii) 9.1.2. Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of his registration under the provisions of the Act or the rules Rules or regulations made thereunder.thereunder or the Promoter being declared insolvent by any statutory authority under Applicable Laws; 9.2 In case of Default default by Promoter under the conditions listed as specified in Clause 9.1 above, Allottee is shall be entitled to the following: (i) 9.2.1 Stop making further payments to the Promoter as demanded by the Promoter. If the Allottee stops making payments, Promoter unless the Promoter shall correct cures the situation by completing the construction development milestones and only thereafter the Allottee be required to make the next payment further payments without any penal interest; or (ii) 9.2.2 The Allottee shall have the option of terminating the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase of the apartmentPlot, along with interest at the rate specified in equivalent to Prime Lending Rate of the Rules State Bank of India (as applicable on such date) plus 2% p.a. within 45 (forty-five five) days of receiving the termination notice: . Provided that where an Allottee does not intend to withdraw from the project Project or terminate the Agreement, he shall be paid, by the promoterPromoter, interest at the rate specified in equivalent to Prime Lending Rate of the Rules, State Bank of India (as applicable on such date) plus 2% p.a. for every month of delay till the handing over of the possession of the [Apartment/Plot], which shall be paid by the Promoter to the Allottee within 45 (forty-five) days of it becoming due; or 9.2.3 The Allottee shall have the option to receive an alternative plot with similar details forming part of the Project, as may be offered by the Promoter, subject to adjustment in the Total Price, if any. 9.3 The Allottee shall be considered under a condition of Defaultdefault, on the occurrence of the following eventsevents and the consequences of the same shall be as below: (i) In 9.3.1 in case the Allottee fails to make payments payment for consecutive demandmade demands made by the Promoter as per the Payment Plan annexed heretowithin the due date, despite having been issued notice in that regard regard, the allottee Allottee shall be liable to pay interest at the rate equivalent to Prime Lending Rate of the promoter State Bank of India (as applicable on such date) plus 2% p.a. on the unpaid amount at as per the rate specified in Payment Plan within 45 (forty-five) days of such due date alongwith such unpaid amount, to the RulesPromoter. (ii) 9.3.2 In case such failure to pay on the part of Default by the Allottee under the condition listed above continues for a period beyond consecutive months after notice from the Promoter in this regardof 45 (forty-five) days, the Promoter shall may at their sole discretion cancel the allotment of the [Apartment/Plot] in favour Plot by giving a written notice of 30 (thirty) days to the Allottee Allottee, and refund the amount money paid to him the Promoter by the allottee by Allottee, after deducting the booking amount being INR [●] (Indian Rupees [●]) only and the interest liabilities and this on the unpaid amount till such date. In the event of such cancellation, the Allottee will have no right, title, lien, claim or demand whatsoever in respect of the Plot. This Agreement shall thereupon stand terminated. Provided that In this regard, refund by the Promoter shall intimate be considered to be complete when such refund is made to the account of the first/sole Allottee, as per the bank details provided by the Allottee about such termination at least thirty days prior to such terminationalong with the application form for the allotment of the Plot.

Appears in 1 contract

Samples: Agreement for Sale

Events of Default and consequences. 9.1 a. Subject to the Force Majeure clauseother terms and conditions herein, the Promoter shall be considered under a condition of Default, only in the following events:events (save and except any of them arising owing to Force Majeure): (i) The Promoter fails to provide ready to move in the possession of the Unit to the Allottee within on or before the time period specified. For Date of Possession or the purpose Revised Date of this clause, 'ready Possession (as the case may be) or fails to move in possession' shall mean that complete the apartment shall be in a habitable condition which is complete in all respects;Project on or before the Time Schedule of Completion or the Revised Time Schedule of Completion. (ii) Discontinuance of the Promoter’s 's business as a developer on account of suspension or revocation of his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 b. In case of Default default by the Promoter under the conditions listed above, the Allottee is shall be entitled to the following: (i) Stop making further payments to Promoter as demanded by the Promoter for the construction milestone that is not achieved by the Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any penal interest; or (ii) The Allottee shall have the option of terminating the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase of the apartment, along with interest at the rate specified prescribed in the Rules within forty-five days of receiving the termination notice: , subject to registration of cancellation agreement and subject to deductions as agreed herein. Provided that where an Allottee does not intend to withdraw from the project or terminate the Agreement, he shall be paidentitled to Compensation as agreed herein. c. In case the Promoter is forced to discontinue the construction of the said Unit and/ or Project (entire or part) due to force majeure reasons and/ or due to operation of any law or statutory order or otherwise, then the Promoter shall be liable to refund the amounts paid by the promoterAllottee(s) without any liability towards interest or compensation or loss of profit or costs or damages, interest at subject to deduction of applicable taxes and other outgoings, within 6 (six) months from the rate specified in the Rules, for every month happening of delay till the handing over of the possession of the [Apartment/Plot]such eventuality. 9.3 d. The Allottee shall be considered under a condition of Default, on the occurrence of the following events: (i) In case the Allottee The Allottee(s) fails to make timely payments for consecutive demandmade of the outstanding, amounts due and payable (including the Allottee(s)’s proportionate share of taxes levied by concerned local authority, MACD, provisional CAM charges etc.) payable by him/her and meeting the other obligations under this Agreement. Time is the essence, with respect to the Allottee(s)’s obligations to pay all such amounts as mentioned in this Agreement and also to perform or observe all the other obligations of the Allottee(s) under this Agreement. The Allottee(s) agree/s that 10% (ten percent) of the Total Price (“Booking Amount”) shall be treated as xxxxxxx money to ensure fulfilment by the Promoter Allottee(s) of the terms and conditions, as per the Payment Plan annexed hereto, despite having been issued notice in that regard the allottee shall be liable to pay interest to the promoter on the unpaid amount at the rate specified in the Rulescontained herein. (ii) Payment of outstanding amounts due and payable shall have to be paid by the Allottee(s) within fifteen (15) days from the Promoter’s Demand Letter, failing which the Promoter shall be entitled to charge interest as per applicable law on all delayed payments. Payment within time would be deemed to be essence of the terms of these presents. Part payments shall not be accepted and in any event not treated as part discharge of the obligation. The Allottee(s) agrees to pay to the Promoter the outstanding amounts including interest as mentioned hereinabove, from the due date till the date of receipt of amounts or realization of the cheque by the Promoter, whichever is later. e. Without prejudice to the rights of the Promoter to charge interest in terms of the clauses herein, upon the Allottee(s) committing breach of any of the terms of the Agreement including default in payment of any outstanding amount, due and payable by the Allottee(s) to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings), the Promoter shall issue a notice of such default to the Allottee(s) and the Allottee(s) shall be provided with a period of fifteen (15) days from the date of such notice to cure the said default or breach. In the event that the Allottee(s) fails to cure such default or breach, within fifteen (15) days from the date of notice (or such default or breach is not capable of being rectified), the Promoter shall have the option to cancel and terminate this Agreement by sending a cancellation letter by Registered Post AD at the address provided by the Allottee(s) and/or mail at the e-mail address provided by the Allottee(s), intimating him of the specific breach/ default or breaches/defaults of terms and conditions in respect of which the Company is cancelling and terminating this Agreement. f. On such cancellation, the allotment/booking/agreement for the said Unit shall stand immediately cancelled and the Allottee shall have no right whatsoever with respect to the said Unit. g. Upon cancellation of the allotment and/or termination of the Agreement (as the case may be), the Promoter shall refund all such amounts paid by the Allottee(s) till the date of cancellation without interest subject to forfeiture of the following amounts as detailed hereunder being the liquidated damages payable to the Promoter: (i) Booking Amount subject to a maximum of 10% of the Total Price. Taxes, cess, levies, charges, stamp duty, registration charges etc. (including on any cancellation deed) paid on all such amounts shall not be refunded to the Allottee(s); (ii) Total interest accrued on account of the delay/ default in payment of any Installment/s and other charges as per the Payment Schedule calculated till the date of the cancellation/ termination letter; (iii) Amount of penalty (including taxes) for dishonor of cheque (if any) by the Allottee(s) under this Application/ Agreement; (iv) All amounts collected as taxes, charges, levies, cess, assessments and all other impositions which may be levied by any appropriate authorities including but not limited to, GST, value added tax, works contract tax, service tax or any other tax of any nature; (v) All amounts or amounts equivalent to any subvention cost (if the Allottee(s) has opted for subvention plan), benefits, discounts, rebate, concession, gift card, white goods (inclusive of taxes) etc. granted to the Allottee(s) by the Promoter in respect of the booking of the Allottee(s) irrespective of whether such benefits have been utilized by the Allottee(s) until the date of cancellation of the said Unit; (vi) All amounts (including taxes) paid or payable as brokerage fee to any real estate agent, broker, channel partner, institution etc. by the Promoter in respect of the booking of the Allottee(s). (vii) Administrative charges, Ombudsman fees and/ or such amounts incurred towards insurance by the Promoter in respect of the booking of the Unit. h. The Promoter shall have the first lien and charge on the said Unit for all its dues and other sums unpaid due and payable by the Allottee(s) to the Promoter. The Allottee(s) shall not transfer its rights under this Agreement, in any manner whatsoever, without making full payment of all amounts payable by the Allottee(s) under this Agreement, to the Promoter. It is hereby clarified that for the purposes of this Agreement payment shall mean the date of credit of the amount in the account of the Promoter. i. The Allottee(s) further agrees that the Promoter shall refund the balance amounts either by way of (i) personal hand delivery of cheque(s) to the Allottee(s) or (ii) courier of cheque(s) to the Allottee(s) at the aforementioned address mentioned in this Form or in the Agreement for Sale, or (iii) through any other means as the Promoter may deem fit. The Promoter may at its discretion also make refund through RTGS to the Allottee(s) as per account details for refund as mentioned in the Application form or Agreement signed by the Allottee(s). In case of Default by Allottee under Allottee(s) who have availed home loan and mortgaged the condition listed above continues for said Unit to any Bank/ Financial Institution, such refund to Allottee(s) shall be processed post intimation to any Bank/ Financial Institution and release of amounts to such Bank/ Financial Institution as per agreements, documents, papers etc. signed between the Allottee(s) and such Bank/ Financial Institution and the Allottee(s). In the event the Allottee(s) is untraceable and/or unreachable and /or does not accept refund amount, the Promoter shall place the balance refund amount in an interest free escrow account of a period beyond consecutive months after notice Bank. The date of such personal handover or courier of cheque(s) or transfer to the interest free account would be deemed to be the date on which the Promoter has refunded the balance amount and the Promoter’s liability shall end on such date. Such refund shall be in the name of the first applicant (as per the Application Form) /lender (in case the Allottee(s) has procured a loan from a bank/ financial institution), as the case may be. This shall be full and final discharge of all obligations on the part of the Promoter or its employees and the Allottee(s) will not raise any objection or claim on the Promoter in this regard, . j. Upon the Promoter shall cancel cancellation and termination of the allotment of the [ApartmentUnit, the Allottee(s) shall not have any right title or interest with respect to the Unit and the Promoter shall be at a liberty to sell or otherwise dispose off the Unit to any other person/Plot] party whomsoever, at such price, in favour such manner and on such terms and conditions as the Promoter may in its sole, absolute and unfettered discretion think fit and proper and the Allottee(s) waive their right to raise any objection or dispute in this regard. The Allottee shall, as a precondition to be entitled to obtain refund, be required to, at its own cost, execute and register a cancellation deed of this Agreement, in the manner as may be required by the Promoter. k. The Allottee(s) hereby also covenant/s to observe and perform all the terms and conditions of the Allottee booking, and/or allotment and/or this Agreement to keep the Promoter and refund its agents and representatives, estates and effects indemnified and harmless against the rights, responsibilities and obligations of the Allottee(s) to the Promoter under this Agreement. Further, the Allottee(s) shall indemnify the Promoter also against any loss or damages that Promoter may suffer as a result of non-payment of any amount money paid herein including the Total Price, non-observance, or non-performance of the terms and conditions mentioned herein. The Allottee(s) confirms that the Promoter shall have a right of first lien on the Unit in the event any amounts are outstanding to him the Promoter. The Allottee(s) further confirms that this clause be applicable even post possession being handed over to the Allottee(s) l. In the event of dis-honour of any payment instruments or any payment instructions by or on behalf of the allottee by deducting Allottee(s) for any reason whatsoever, then the booking amount same shall be treated as a default and the interest liabilities and this Agreement shall thereupon stand terminatedPromoter may at its sole discretion be entitled to exercise any recourse available herein. Provided that Further, the Promoter shall intimate the Allottee about such termination Allottee(s) of the dishonour of the cheque and the Allottee(s) would be required to promptly tender a Demand Draft of the outstanding amounts including interest from the due date till the date of receipt by the Promoter of all the amounts including the Dishonour Charges of Rs. 5000/- (Rupees Five Thousand only) (for each dis-honour). In the event the said Demand Draft is not tendered within 7 (seven) days then the Promoter shall be entitled to cancel the allotment, subject to provisions hereunder. In the event the Allottee(s) comes forward to pay the entire outstanding amounts, interest and penalty thereof, the Promoter may consider the same at least thirty days prior its sole discretion. In the event of dishonor of any payment cheque, the Promoter has no obligation to such terminationreturn the original dishonored cheque.

Appears in 1 contract

Samples: Sale Agreement

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