Common use of EVENTS OF DEFAULTS AND CONSEQUENCES Clause in Contracts

EVENTS OF DEFAULTS 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) The Promoter fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in para 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 para, ‘ready to move in possession’ shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificate, as the case may be, has been issued by the Competent Authority; (ii) Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of its registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by the Promoter under the conditions listed above, the Allottee is entitled to the following: (i) Stop making further payments to the 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 interest; or (ii) The Allottee shall have the option of terminating this Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads whatsoever towards the purchase of the Apartment, along with interest at the rate prescribed in the Rules within 45 (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 prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter to the Allottee within 45 (forty-five days) of it becoming due. 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 two consecutive demands made 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 as the rate prescribed in the Rules; (ii) In case of Default by 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 may cancel the allotment of the Apartment in favour of the Allottee and refund the money paid to him by the Allottee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination.

Appears in 5 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

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EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 14.1 Subject to the Force Majeure clauseprovisions of this Agreement and subject to the Allottee making timely payments hereunder and save and except for the events specified in (a) and (b) of Clause 6.1.1 above, the Promoter shall be considered under a condition of Default, default in the following events: (i) The 14.1.1 the Promoter fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in para 7.1 Clause 6.1.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authoritycompetent authority under the Act. For the purpose of this paraClause, 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the partiesParties, and for which Completion Certificate completion certificate or Partial Completion Certificatethe occupancy certificate, as the case may be, has been issued by the Competent Authority;competent authority; or (ii) 14.1.2 Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of its registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 14.2 In case of Default default by the Promoter under the conditions listed above, the Allottee is shall be entitled to the following: (i) Stop 14.2.1 stop making further payments to the Promoter as demanded by the Promoter Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter shall the Allottee be required to make the next payment without any interest; or (ii) The 14.2.2 the Allottee shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads head whatsoever towards the purchase of the Apartment, along with interest at the rate of State Bank of India Prime Lending Rate plus 2% (two percent) per annum, as prescribed in the Rules Rules, within 45 (forty-forty five) days of receiving the termination notice: . Provided that that, where an the Allottee does not intend to withdraw from the Project or terminate the Agreement, he he/she/it shall be paid, by the Promoter, interest at the rate of State Bank of India Prime Lending Rate plus 2% (two percent) per annum, as prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter to the Allottee within 45 (forty-five daysforty five) days of it the same becoming due. 9.3 14.3 The Allottee shall be considered to be under a condition of Defaultdefault, on the occurrence of the following events: (i) In in case the Allottee fails to make payments payment for two consecutive demands made by the Promoter as per the Payment Plan annexed heretoPlan, of any amount due and payable by the Allottee under this Agreement (including his/her/its proportionate share of taxes, levies and other outgoings) despite having been issued notice in that regard regard. It is further clarified that, reminders and or notices for payment of instalments or notice for rectification of default as per the Payment Schedule shall also be considered as Demand for the purpose of this clause. In such event the Allottee shall be liable to pay interest to the Promoter on the unpaid amount as Promoter, interest at the rate of State Bank of India Prime Lending Rate plus 2% (two percent) per annum, as prescribed in the Rules;, on all unpaid amounts from the date the amount is payable by the Allottee. (ii) In 14.4 Without prejudice to the right of the Promoter to charge interest in terms of Clause 14.3 above, in case of Default the default by the Allottee under the condition listed Clause 14.3 above continues for a period beyond 2 (two) two consecutive months after notice for rectification of default from the Promoter in this regard, the Promoter Promoter, at its own option, may cancel the allotment of the Apartment in favour of the Allottee terminate this Agreement and refund the money paid to him the Promoter by the Allottee by after deducting the booking amount Booking Amount and the interest liabilities and after deduction of such other tax/levy as may be applicable statutory taxesat the time of such termination by the Promoter, if any, and this Agreement and any liability of the Promoter shall thereupon stand terminated. Provided that that, the Promoter shall intimate the Allottee about such termination the Promoter’s intention to terminate this Agreement by a written notice of at least 30 (thirty) days prior to such termination. 14.5 On and from the date of refund of the amount as mentioned in Clauses 14.2 and 14.4 above, as the case may be, this Agreement shall stand cancelled automatically without any further act from the Allottee and the Allottee shall have no right, title and/or interest on the said Apartment, the Project and/or the Said Land or any part or portion thereof, and the Allottee shall further not be entitled to claim any charge on the said Apartment and/or any part or portion thereof, in any manner whatsoever. The effect of such termination shall be binding and conclusive on the Parties. 14.6 For the avoidance of doubt, it is hereby clarified that the Promoter shall not be held liable, in any manner whatsoever, for any delay in receipt/non-receipt of any refund by the Allottee in accordance with the terms of this Agreement, for any reason, including but not limited to, any delay by the Indian postal authority or due to a change in address of the Allottee (save as provided in this Agreement) or loss in transit.

Appears in 3 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 Subject to the Force Majeure clause, the Promoter shall be considered under a condition of Defaultdefault, in the following events:, namely:- (i) The Promoter fails to provide ready to move in possession of the Apartment /Flat to the Allottee Allottee(s) within the time period specified in para Term No. 7.1 above in this Agreement 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 paraclause, 'ready to move in possession' shall mean that the Apartment or Flat shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificateoccupation certificate and completion certificate, as the case may be, has been issued by the Competent Authoritycompetent authority; (ii) Discontinuance of the Promoter’s 's business as a developer on account of suspension or revocation or expiry of its 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 Allottee(s) is entitled to the following:following:- (i) Stop making further payments to the Promoter as demanded by the Promoter Promoter. If the Allottee Allottee(s) stops making payments, the Promoter shall 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 interest; or (ii) The Allottee Allottee(s) shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee Allottee(s) under any heads head whatsoever towards the purchase of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) 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 for the rate prescribed in the Rules, for every month period of delay till the handing over of the possession of the ApartmentApartment/ Plot, which shall be paid by the Promoter to the Allottee within 45 (forty-five days) days of it becoming due. 9.3 . The Allottee Allottee(s) shall be considered under a condition of Defaultdefault, on the occurrence of the following events: (i) In case the Allottee Allottee(s) fails to make payments for two -------------- consecutive demands made by the Promoter as per the Payment Plan annexed heretopayment plan stated above, despite having been issued notice in that regard regard, the Allottee Allottee(s) shall be liable to pay interest to the Promoter on the unpaid amount as the rate prescribed in the Rules;amount. (ii) In case of Default default by Allottee Aloottee under the condition conditions listed above continues for a period beyond 2 (two) consecutive -------------------consecutive months after notice from the Promoter in this regard, the Promoter may cancel the allotment of the Apartment Apartment/ Plot in favour of the Allottee Allottee(s) and refund the money paid to him by the Allottee Allottee(s) by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. terminated : Provided that the Promoter shall intimate the Allottee about such termination at least 30 (thirty) thirty days prior to such termination.

Appears in 3 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

EVENTS OF DEFAULTS 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) The i. Promoter fails to provide ready to move in possession of the Apartment Unit to the Allottee within the time period specified in para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this para, ready to move in possession’ possession shall mean that the Apartment Unit shall be in a habitable condition which is complete in all respects respect including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate occupation certificate or Partial Completion Certificate, as the case may becompletion certificate, has been issued by the Competent Authoritycompetent authority; (ii) . Discontinuance of the Promoter’s 's business as a developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder.; 9.2 In case of Default by the Promoter under the conditions listed above, the Allottee is entitled to the following:; (i) i. Stop making further payments to the Promoter as demanded by the Promoter 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 interest; or (ii) . The Allottee shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads head whatsoever towards the purchase of the ApartmentUnit, along with interest at the rate prescribed in the Rules within 45 (forty-five) forty-­‐five days of receiving the termination notice: ; iii. 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 prescribed in the Rules, for every month of delay till the handing over of the possession of the ApartmentUnit, which shall be paid by the Promoter promoter to the Allottee allottee within 45 (forty-five days) forty-­‐five days of it becoming due. 9.3 The Allottee shall be considered under a condition of Default, on the occurrence of the following events:; (i) i. In case the Allottee fails to make payments for two (2) consecutive demands made by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee allottee shall be liable to pay interest to the Promoter promoter on the unpaid amount as at the rate prescribed in the Rules; (ii) . In case of Default by Allottee under the condition listed above continues for a period beyond 2 two (two2) consecutive months after notice from the Promoter in this regard, the Promoter may cancel the allotment of the Apartment Unit in favour of the Allottee and refund the money paid to him by the Allottee allottee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter promoter shall intimate the Allottee allottee about such termination at least 30 (thirty) thirty days prior to such termination.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

EVENTS OF DEFAULTS 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) The Promoter fails to provide ready to move in possession of the Apartment Duplex to the Allottee within the time period specified in para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this para, 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificate, as the case may be, has been issued by the Competent Authority;. (ii) Discontinuance of the Promoter’s business as a developer promoter on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by the Promoter under the conditions listed above, the Allottee is entitled to the following: (i) Stop making further payments to the Promoter as demanded by the Promoter 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 interest; or (ii) The Allottee shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads head whatsoever towards the purchase of the ApartmentDuplex, along with interest at the rate prescribed in the Rules 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 prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartment, Duplex; which shall be paid by the Promoter promoter to the Allottee allottee within 45 (forty-five days) days of it becoming due. 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 two consecutive ……..demands made by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee allottee shall be liable to pay interest to the Promoter promoter on the unpaid amount as at the rate prescribed in based on the RulesState Bank of India highest marginal cost of lending rate plus two percent from their respective due dates; (ii) In case of Default by 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 may cancel the allotment of the Apartment in favour of the Allottee and refund the money paid to him by the Allottee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

EVENTS OF DEFAULTS 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) The Promoter fails to provide ready to move in possession of the [Apartment/Plot] Residential / Non Residential / Building / Apartment / Plot to the Allottee within the time period specified in para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this para, 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificateoccupation certificate and completion certificate, as the case may be, has been issued by the Competent Authoritycompetent authority; (ii) Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by the Promoter under the conditions listed above, the Allottee is entitled to the following: (i) Stop making further payments to the Promoter as demanded by the Promoter 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 interest; as per revised payment schedule or (ii) The Allottee shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads head whatsoever towards the purchase of the Apartmentapartment, Residential / Non Residential / Building / Apartment / Plot along with interest at the rate prescribed in the Rules @ ……………% per annum simple interest 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 prescribed in the Rules, for every month of delay till the handing over of the possession of the [Apartment/Plot] Residential / Non Residential / Building / Apartment / Plot, which shall be paid by the Promoter promoter to the Allottee allottee within 45 (forty-five days) days of it becoming due. 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 two Two consecutive demands made by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee allottee shall be liable to pay interest to the Promoter promoter on the unpaid amount as at the rate @ % per annum simple interest prescribed in the Rules; (ii) In case of Default by Allottee under the condition listed above continues for a period beyond 2 (two) Two consecutive months after notice from the Promoter in this regard, the Promoter may cancel the allotment of the [Apartment/Plot] Residential / Non Residential / Building / Apartment / Plot in favour of the Allottee and refund the money paid to him by the Allottee allottee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, prescribed under this Agreement shall thereupon stand terminated. Provided that the Promoter promoter shall intimate the Allottee allottee about such termination at least 30 (thirty) thirty days prior to such termination.

Appears in 2 contracts

Samples: Agreement for Sale/Lease, Agreement for Sale/Lease

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 a. Subject to the Force Majeure clause, the Promoter Vendors shall be considered under a condition of Default, in the following events: (i) The Promoter fails Vendors fail to provide ready to move in possession of the Apartment Schedule-A Property to the Allottee Purchaser/s within the time period specified in para 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 para, ‘ready to move in possession’ shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificate, as the case may be, has been issued by the Competent Authorityparagraph 7.1; (ii) Discontinuance of the Promoter’s Vendors’ business as a developer on account of suspension or revocation of its registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 b. In case of Default by the Promoter Vendors under the conditions listed above, the Allottee Purchaser/s is entitled to the followingfollowing : (i) Stop making further payments to the Promoter Vendors as demanded by the Promoter Vendors. If the Allottee Purchaser/s stops making paymentspayment, then the Promoter Vendors 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 interest; or (ii) The Allottee Purchaser/s shall have the option of terminating this the Agreement in which case the Promoter Vendors shall be liable to refund the entire money paid by the Allottee Purchaser/s under any heads head whatsoever towards the purchase of the ApartmentSchedule-A property, along with interest at the rate prescribed in the Rules within 45 6 (forty-fivesix) days months of receiving the termination notice: ; Provided that where an Allottee Purchaser/s does not intend to withdraw from the Project project or terminate the Agreement, he he/she/they shall be paid, by the PromoterVendors, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the ApartmentSchedule-A property, which shall be paid by the Promoter Vendors to the Allottee Purchaser/s within 45 6 (forty-five dayssix) months of it becoming due. 9.3 c. The Allottee Purchaser/s shall be considered under a condition of Default, on the occurrence of the following events: (i) In : That in case of default in payment of balance amount within the Allottee fails stipulated period as aforesaid or non observance and compliance of any of the terms and conditions hereof the Vendors shall be at liberty to make payments for two consecutive demands made terminate this agreement and forfeit 10% of the consideration amount together with the proportionate interest liability, GST and other Government Taxes and shall be at liberty to dispose of the Schedule-A property in such manner and to such person as they may think fit and the purchaser shall not be entitled to question or dispute such sale 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 Vendors on the unpaid any ground whatsoever or claim any amount as the rate prescribed in the Rules; (ii) In case of Default by Allottee under the condition listed above continues for a period beyond 2 (two) consecutive months after notice from the Promoter in whatsoever on this regard, the Promoter may cancel the allotment of the Apartment in favour of the Allottee and refund the money paid to him by the Allottee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such terminationaccount.

Appears in 1 contract

Samples: Agreement to Sell

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 Subject to the Force Majeure clauseclauses and reasons beyond control, the Second Party/Promoter shall be considered under a condition of Default, in the following eventsevents subject to the Allottee having complied with all his obligations under this Agreement including making timely payment of all amounts payable under this Agreement and there being no failure, refusal, neglect, breach, violation, non-compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law: (i) The Second Party/Promoter fails to offer to provide ready to move in possession of the Apartment said Office Space to the Allottee within the time period specified in para 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the AuthoritySchedule ‘A’. For the purpose of this para, para ‘ready to move in possession’ shall mean that the Apartment Office Space shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificate, as the case may be, has been issued by the Competent Authority;condition. (ii) Discontinuance of the Second Party/Promoter’s business as a developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules Rules or regulations Regulations made thereunder. 9.2 In case of Default by the Second Party/Promoter under the conditions listed above, the Allottee is entitled to the followingfollowing subject to the Allottee having complied with all his obligations under this Agreement including making timely payment of all amounts payable under this Agreement and there being no failure, refusal, neglect, breach, violation, non-compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law: (i) Stop making further payments to the Second Party/Promoter as demanded by the Promoter Second Party/Promoter. If the Allottee stops making payments, payments the Second Party/Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or (ii) The Allottee shall have the option of terminating this the Agreement in which case the Second Party/Promoter shall be liable to refund the entire money paid by the Allottee under any heads whatsoever towards the Total Price for purchase of the Apartmentsaid Office Unit, along with interest at the rate prescribed in the Rules within 45 (forty-five) five days of receiving the termination notice: notice or within such further time as may be agreed between the parties. The liability of the Promoter to refund any amount to the Allottee shall arise only against execution and registration of a Cancellation Agreement. The fees and expenses relating to the Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. If, however the Allottee does not withdraw from the Project within 45 days of the date specified in Clause 7.1, then it shall be deemed that the Allottee has voluntarily opted not to withdraw from the Project and the option of withdrawal shall not be applicable and/or shall cease to be valid or have effect; Provided that where an Allottee does not intend to withdraw from the Project project or terminate the Agreement, he shall be paid, by the Second Party/Promoter, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter to the Allottee within 45 (forty-five days) of it becoming duesaid Office Unit. 9.3 The Allottee shall be considered under a condition of Default, on the occurrence of inter alia the following events: (i) In case the Allottee fails to make payments for two consecutive of the demands made by the Second Party/Promoter as per the Payment Plan annexed under Schedule C hereto and/or timely payment of the Additional Liabilities and Deposits under Schedule ‘G’ hereto, despite having been issued notice in that regard regard, the Allottee shall be liable to pay interest to the Second Party/Promoter on the unpaid amount as at the rate prescribed in the Rules; (ii) In case of Default by Allottee under the condition listed above continues for a period beyond 2 (two) consecutive months after notice from the Second Party/Promoter in this regard, the Second Party/Promoter may cancel the allotment / Agreement of the Apartment said Office Unit in favour of the Allottee and refund the money paid to him the Second Party/Promoter by the Allottee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminatedterminated and the Second Party/Promoter shall be free to deal with, dispose of and/or sell the said Office Unit to anyone else without any reference to the Allottee whose rights and/or entitlements shall come to an end forthwith upon termination. Provided that The liability of the Promoter shall intimate to refund any amount to the Allottee about such termination at least 30 (thirty) days prior shall arise only against execution and registration of a Cancellation Agreement. The fees and expenses relating to such terminationthe Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable.

Appears in 1 contract

Samples: Sale Agreement

EVENTS OF DEFAULTS 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) The Promoter fails to provide ready to move in possession of the Apartment [Apartment/Plot] to the Allottee within the time period specified in para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this para, 'ready to move in possession' shall mean that the Apartment development work (internal and external development) has been commencement of construction work by the Allottee,apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificateoccupation certificate and completion certificate, as the case may be, has been issued by the Competent Authoritycompetent authority; (ii) Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by the Promoter under the conditions listed above, the Allottee is entitled to the following: (i) Stop making further payments to the Promoter as demanded by the Promoter Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction c onstruction development milestones and only thereafter the Allottee be required to make the next payment without any interest; or (ii) The Allottee shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads head whatsoever towards the purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules 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 prescribed in the Rules, for every month of delay till the handing over of the possession of the [Apartment/Plot], which shall be paid by the Promoter promoter to the Allottee allottee within 45 (forty-five days) days of it becoming due. 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 two 2 consecutive demands made by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee allottee shall be liable to pay interest to the Promoter promoter on the unpaid amount as at the rate prescribed in the Rules; (ii) In case of Default by 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 may cancel the allotment of the Apartment [Apartment/Plot] in favour of the Allottee and refund the money paid to him by the Allottee allottee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter promoter shall intimate the Allottee allottee about such termination at least 30 (thirty) thirty days prior to such termination.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 13.1 Subject to the Force Majeure clauseprovisions of this Agreement and subject to the Allottee making timely payments hereunder and save and except for the events specified in Clause 6.1.1 above, the Promoter shall be considered under a condition of Default, default in the following events: (i) The 13.1.1 the Promoter fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in para 7.1 Clause 6.1.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authoritycompetent authority under the Act. For the purpose of this paraClause, 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the partiesParties, and for which Completion Certificate completion certificate or Partial Completion Certificatethe occupancy certificate, as the case may be, has been issued by the Competent Authority;competent authority; or (ii) Discontinuance 13.1.2 discontinuance of the Promoter’s business as a developer on account of suspension or revocation of its registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 13.2 In case of Default default by the Promoter under the conditions listed above, the Allottee is shall be entitled to the following: (i) Stop 13.2.1 stop making further payments to the Promoter as demanded by the Promoter Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter shall the Allottee be required to make the next payment without any interest; or (ii) The 13.2.2 the Allottee shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads head whatsoever towards the purchase lease of the Apartment, along with interest at the rate prescribed in Rule 18 of the Rules within 45 (forty-forty five) days of receiving the termination notice: . Provided that that, where an the Allottee does not intend to withdraw from the Project or terminate the Agreement, he he/she/it shall be paid, by the Promoter, interest at the rate prescribed in Rule 18 of the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter to the Allottee within 45 (forty-five daysforty five) days of it the same becoming due. 9.3 13.3 The Allottee shall be considered to be under a condition of Defaultdefault, on the occurrence of the following events: (i) In in case the Allottee fails to make payments payment for two (2) consecutive demands made by the Promoter as per the Payment Plan annexed heretoPlan, of any amount due and payable by the Allottee under this Agreement (including his/her/its proportionate share of taxes, levies and other outgoings) despite having been issued notice in that regard regard. In such event the Allottee shall be liable to pay interest to the Promoter on the unpaid amount as Promoter, interest at the rate prescribed in Rule 18 of the Rules;, on all unpaid amounts from the date the amount is payable by the Allottee. (ii) In 13.4 Without prejudice to the right of the Promoter to charge interest in terms of Clause 13.3 above, in case of Default the default by the Allottee under the condition listed Clause 13.3 above continues for a period beyond 2 three (two3) consecutive months after first notice from the Promoter in this regard, the Promoter Promoter, at its own option, may cancel the allotment of the Apartment in favour of the Allottee terminate this Agreement and refund the money paid to him the Promoter by the Allottee by after deducting the booking amount Booking Amount and the interest liabilities and after deduction of such other tax/levy as may be applicable statutory taxesat the time of such termination by the Promoter, if any, and this Agreement and any liability of the Promoter shall thereupon stand terminated. Provided that that, the Promoter shall intimate the Allottee about such termination the Promoter’s intention to terminate this Agreement by a written notice of at least 30 (thirty) days prior to such termination. 13.5 On and from the date of refund of the amount as mentioned in Clauses 13.2 and 13.4 above, as the case may be, this Agreement shall stand cancelled automatically without any further act from the Allottee and the Allottee shall have no right, title and/or interest on the said Apartment, the Project and/or the Said Land or any part or portion thereof, and the Allottee shall further not be entitled to claim any charge on the said Apartment and/or any part or portion thereof, in any manner whatsoever. The effect of such termination shall be binding and conclusive on the Parties. 13.6 Notwithstanding anything to the contrary stated herein, it is hereby clarified that upon termination or cancellation of this Agreement for any reason whatsoever, the Allottee shall execute such documentation, as may be reasonably requested by the Promoter, at the Allottee’s cost and expense. 13.7 For the avoidance of doubt, it is hereby clarified that the Promoter shall not be held liable, in any manner whatsoever, for any delay in receipt/non-receipt of any refund by the Allottee in accordance with the terms of this Agreement, for any reason, including but not limited to, any delay by the Indian postal authority or due to a change in address of the Allottee (save as provided in this Agreement) or loss in transit.

Appears in 1 contract

Samples: Lease Agreement

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 Subject to the Force Majeure clauseMajeure”, order of any court, Tribunal or Authority, Government policy/guidelines, decisions, the Promoter Vendor shall be considered under a condition of Default, in the following events: (i) The Promoter fails Vendor fail to provide ready to move in possession of the Apartment developed Plot to the Allottee Vendee within the time period specified in para 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authorityspecified. For the purpose of this paraClause, 'ready to move in possession' shall mean that the Apartment Plot shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the partiesParties, and for which Completion Certificate occupation certificate* or Partial Completion Certificate, as the case may be, part thereof has been issued by the Competent Authoritycompetent authority; (ii) Discontinuance of the Promoter’s Vendor’ business as a developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by the Promoter Vendor under the conditions listed above, the Allottee Xxxxxx is entitled to the following: (i) Stop making further payments to the Promoter Vendor as demanded by the Promoter Vendor. If the Allottee Vendee stops making payments, the Promoter Vendor shall correct the situation by completing the construction construction/development milestones and only thereafter the Allottee Vendee be required to make the next payment without any interestinterest for the period of such delay; or (ii) The Allottee Vendee shall have the option of terminating this Agreement the Agreement, in which case the Promoter Vendor shall be liable to refund the entire money paid by the Allottee Vendee under any heads head whatsoever towards the purchase of the ApartmentPlot, along with interest at the rate prescribed specified in the Rules within 45 90 (forty-fiveninety) days of receiving the termination notice: Provided that where an Allottee Vendee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the PromoterVendor, interest at the rate prescribed specified in the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter to the Allottee within 45 (forty-five days) of it becoming duePlot. 9.3 The Allottee Vendee shall be considered under a condition of Default, on the occurrence of the following events: (i) In case case, the Allottee Vendee fails to make payments for two consecutive demands made by the Promoter Vendor as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee Vendee shall be liable to pay interest to the Promoter Vendor on the unpaid amount as at the rate prescribed specified in the Rules; (ii) In case of Default by Allottee Vendee under the condition listed above continues for a period beyond 2 90 (twoninety) consecutive months days after notice from the Promoter Vendor in this regard, the Promoter Vendor may cancel the allotment of the Apartment Plot in favour of the Allottee Vendee and refund the money paid to him by the Allottee Vendee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination.

Appears in 1 contract

Samples: Sale Agreement

EVENTS OF DEFAULTS 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) The Promoter fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this para, 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificate, as the case may be, completion certificate has been issued by the Competent Authoritycompetent authority; (ii) Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunderthere under. 9.2 In case of Default by the Promoter under the conditions listed above, the Allottee is entitled to the following: (i) Stop making further payments to the Promoter as demanded by the Promoter 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 interest; or (ii) The Allottee shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads head whatsoever towards the purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) five days of receiving the termination notice: : (iii) 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 prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter promoter to the Allottee allottee within 45 (forty-five days) days of it becoming due. 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 two consecutive demands made by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee allottee shall be liable to pay interest to the Promoter promoter on the unpaid amount as at the rate prescribed in the Rules; (ii) In case of Default by 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 may cancel the allotment of the Apartment in favour of the Allottee and refund the money paid to him by the Allottee allottee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter promoter shall intimate the Allottee allottee about such termination at least 30 (thirty) thirty days prior to such termination.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 Subject to the Force Majeure clause, the Promoter Promoter/Vendor shall be considered under a condition of Default, in the following events: (i) The Promoter i. Promoter/Vendor fails to provide ready to move in possession of the Apartment Unit to the Allottee Allottee/s within the time period specified in para 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 para, para ‘ready to move in possession’ shall mean that the Apartment Unit shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificate, as the case may be, has been issued by the Competent Authorityrespects; (ii) . Discontinuance of the Promoter’s /Vendor business as a developer Promoter/Vendor on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by the Promoter Promoter/Vendor under the conditions listed above, the Allottee Allottee/s is entitled to the followingfollowing : (i) i. Stop making further payments to the Promoter Promoter/Vendor as demanded by the Promoter Promoter/Vendor. If the Allottee Allottee/s stops making payments, payments the Promoter Promoter/Vendor shall correct the situation by completing the construction milestones and only thereafter the Allottee Allottee/s be required to make the next payment without any interest; or (ii) . The Allottee Allottee/s shall have the option of terminating this the Agreement in which case the Promoter Promoter/Vendor shall be liable to refund the entire money paid by the Allottee Allottee/s under any heads head whatsoever towards the purchase of the ApartmentUnit, along with interest at the rate prescribed in the Rules within 45 (forty45(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/Vendor, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the ApartmentUnit, which shall be paid by the Promoter Promoter/Vendor to the Allottee Allottee/s within 45 (forty-five daysfive) days of it becoming due. 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 two consecutive demands made 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 as the rate prescribed in the Rules; (ii) In case of Default by 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 may cancel the allotment of the Apartment in favour of the Allottee and refund the money paid to him by the Allottee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination.

Appears in 1 contract

Samples: Sale Agreement

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 13.1 Subject to the Force Majeure clauseprovisions of this Agreement and subject to the Allottee making timely payments hereunder and save and except for the events specified in (a) and (b) of Clause 6.1.1 above, the Promoter shall be considered under a condition of Default, default in the following events: (i) The 13.1.1 the Promoter fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in para 7.1 Clause 6.1.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authoritycompetent authority under the Act. For the purpose of this paraClause, 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the partiesParties, and for which Completion Certificate completion certificate or Partial Completion Certificatethe occupancy certificate, as the case may be, has been issued by the Competent Authority;competent authority; or (ii) 13.1.2 Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of its registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 13.2 In case of Default default by the Promoter under the conditions listed above, the Allottee is shall be entitled to the following: (i) Stop 13.2.1 stop making further payments to the Promoter as demanded by the Promoter Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing ensuring completion of the construction milestones and only thereafter shall the Allottee be required to make the next payment without any interest; or (ii) The 13.2.2 the Allottee shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads head whatsoever towards the purchase of the Apartment, along with interest at the rate prescribed in Rule 18 of the Rules within 45 (forty-forty five) days of receiving the termination notice: . Provided that that, where an the Allottee does not intend to withdraw from the Project or terminate the Agreement, he he/she/it shall be paid, by the Promoter, interest at the rate prescribed in Rule 18 of the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter to the Allottee within 45 (forty-five daysforty five) days of it the same becoming due. 9.3 13.3 The Allottee shall be considered to be under a condition of Defaultdefault, on the occurrence of the following events: (i) In in case the Allottee fails to make payments payment for two 2 consecutive demands made by the Promoter as per the Payment Plan annexed heretoPlan, of any amount due and payable by the Allottee under this Agreement (including his/her/its proportionate share of taxes, levies and other outgoings) despite having been issued notice in that regard regard. In such event the Allottee shall be liable to pay interest to the Promoter on the unpaid amount as Promoter, interest at the rate prescribed in Rule 18 of the Rules;, on all unpaid amounts from the date the amount is payable by the Allottee. (ii) In 13.4 Without prejudice to the right of the Promoter to charge interest in terms of Clause 13.3 above, in case of Default the default by the Allottee under the condition listed Clause 13.3 above continues for a period beyond 2 (two) consecutive months after notice from the Promoter in this regard, the Promoter Promoter, at its own option, may cancel the allotment of the Apartment in favour of the Allottee terminate this Agreement and refund the money paid to him the Promoter by the Allottee by after deducting the booking amount Booking Amount and the interest liabilities and after deduction of such other tax/levy as may be applicable statutory taxesat the time of such termination by the Promoter, if any, and this Agreement and any liability of the Promoter shall thereupon stand terminated. Provided that that, the Promoter shall intimate the Allottee about such termination the Promoter’s intention to terminate this Agreement by a written notice of at least 30 (thirty) days prior to such termination. 13.5 On and from the date of refund of the amount as mentioned in Clauses 13.2 and

Appears in 1 contract

Samples: Sale Agreement

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 Subject to the Force Majeure clauseMajeure”, order of any court, Tribunal or Authority, Government policy/guidelines, decisions, the Promoter Vendor shall be considered under a condition of Default, in the following events: (i) The Promoter fails Vendor fail to provide ready to move in possession of the Apartment developed Plot to the Allottee Vendee within the time period specified in para 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authorityspecified. For the purpose of this paraClause, 'ready to move in possession' shall mean that the Apartment Plot shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the partiesParties, and for which Completion Certificate occupation certificate* or Partial Completion Certificate, as the case may be, part thereof has been issued by the Competent Authoritycompetent authority; (ii) Discontinuance of the PromoterVendor’s business as a developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by the Promoter Vendor under the conditions listed above, the Allottee Xxxxxx is entitled to the following: (i) Stop making further payments to the Promoter Vendor as demanded by the Promoter Vendor. If the Allottee Vendee stops making payments, the Promoter Vendor shall correct the situation by completing the construction construction/development milestones and only thereafter the Allottee Vendee be required to make the next payment without any interestinterest for the period of such delay; or (ii) The Allottee Vendee shall have the option of terminating this Agreement the Agreement, in which case the Promoter Vendor shall be liable to refund the entire money paid by the Allottee Vendee under any heads head whatsoever towards the purchase of the ApartmentPlot, along with interest at the rate prescribed specified in the Rules within 45 90 (forty-fiveninety) days of receiving the termination notice: Provided that where an Allottee Vendee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the PromoterVendor, interest at the rate prescribed specified in the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter to the Allottee within 45 (forty-five days) of it becoming duePlot. 9.3 The Allottee Vendee shall be considered under a condition of Default, on the occurrence of the following events: (i) In case case, the Allottee Vendee fails to make payments for two consecutive demands made by the Promoter Vendor as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee Vendee shall be liable to pay interest to the Promoter Vendor on the unpaid amount as at the rate prescribed specified in the Rules; (ii) In case of Default by Allottee Vendee under the condition listed above continues for a period beyond 2 90 (twoninety) consecutive months days after notice from the Promoter Vendor in this regard, the Promoter Vendor may cancel the allotment of the Apartment Plot in favour of the Allottee Vendee and refund the money paid to him by the Allottee Vendee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination.

Appears in 1 contract

Samples: Sale Agreement

EVENTS OF DEFAULTS 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) The Promoter fails to provide ready to move in possession of the Apartment Plot to the Allottee within the time period specified in para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this para, 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificateoccupation certificate and completion certificate, as the case may be, has been issued by the Competent Authority;competent authority; how ever if the occupancy certificate and completetion certificate are unreasonably delayed by authority then that will not be constructed as events of delayed (ii) Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by the Promoter under the conditions listed above, the Allottee is entitled to the following: (i) Stop making further payments to the Promoter as demanded by the Promoter 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 interest; or (ii) The Allottee shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads head whatsoever towards the purchase of the ApartmentPlot, along with interest at the rate prescribed in the Rules 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 prescribed in the Rules, for every month of delay till the handing over of the possession of the ApartmentPlot, which shall be paid by the Promoter promoter to the Allottee allottee within 45 (forty-five days) days of it becoming due. 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 two T W O consecutive demands made by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee allottee shall be liable to pay interest to the Promoter promoter on the unpaid amount as at the rate prescribed in the Rules; (ii) In case of Default by Allottee under the condition listed above continues for a period beyond 2 (two) TWO consecutive months after notice from the Promoter in this regard, the Promoter may cancel the allotment of the Apartment Plot in favour of the Allottee and refund the money paid to him by the Allottee allottee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement Agreement. shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 Subject to the Force Majeure clause, the Promoter shall be considered under a condition of Defaultdefault, in the following events:, namely:- (i) The Promoter fails to provide ready to move in possession of the Apartment plot to the Allottee Allottee(s), without any default on the part of the Allottee(s), within the time period specified in para clause 7.1 above in this Agreement or fails fail to complete completes the Project within the stipulated time disclosed (as extended as per the Act) at the time of registration of the Project with the Authority. For the purpose of this para, ‘ready to move in possession’ shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificate, as the case may be, has been issued by the Competent Authority;. (ii) Discontinuance of the Promoter’s 's business as a developer on account of suspension or revocation or expiry of its 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, Allottee(s) is entitled, subject to the Allottee condition that there is entitled no default on the part of the Allottee(s) to the following:: - (i) Stop making further payments to the Promoter as demanded by the Promoter Promoter. If the Allottee Allottee(s) stops making payments, the Promoter shall correct the situation Situation by completing the construction construction/ development milestones and only thereafter the Allottee Allottee(s) be required to make the next payment without any interest; or (ii) The Allottee Allottee(s) shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee Allottee(s) under any heads head whatsoever towards the purchase of the ApartmentUnit, along with interest calculated at the rate prescribed in the Rules Interest Rate within 45 (forty-fivefive (45) 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 shalI be paid, by the Promoter, interest calculated at Interest Rate for the rate prescribed in 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 to the Allottee Allottee(s) within 45 forty- five (forty-five days45) days of it becoming due. 9.3 The Allottee Allottee(s) shall be considered under having committed a condition of Defaultdefault, on the occurrence of any one or more of the following events: (i) In case Failure on the Allottee fails part of the Allottee(s) to make payments for two consecutive demands made payment of any installment within 7 days from date of demand by the Promoter as per the Payment Plan annexed heretoPromoter, despite having been issued notice in that regard the Allottee allot tee shall be liable to pay interest to the Promoter promoter on the unpaid amount as the rate prescribed in the Rules;amount. (ii) In case of Default Delay/default by Allottee under the condition listed above continues Allottee(s) for a period beyond 2 (two) consecutive months 30 days after notice from the Promoter in this regard, the Promoter promoter may cancel cancel/terminate the allotment of the Apartment unit in favour favor of the Allottee allottees and refund the money paid to him by the Allottee by allot tee(s) without any interest after deducting the booking earnesh money amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminatedwith in 30 days of allotment/ sale of unit to a new buyer or as amount received from new buyer. Provided that the Promoter promoter shall intimate the Allottee allot tee(s) about such termination at least 30 (thirty) days Days prior to such termination. 9.4 The Promoter's rights upon occurrence of any of event of default on the part of the Allottee(s) as mentioned in Clause 9.3 above shall be as follows: (i) Upon occurrence of event of default mentioned in Clause 9.3(i) the Allottee(s) shall be liable to pay interest on the overdue amounts computed at the Interest Rate 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 and ending on the date of the payment of such overdue amounts by the Allottee(s) to the Promoter; (ii) Upon occurrence of event of default mentioned in Clause 9.3(ii) the Promoter may cancel the allotment by terminating this Agreement by serving a notice of 30 days to the Allottee(s) in this regard; (iii) Upon occurrence of event of default mentioned in Clause 7.3(jii), (iv), (v) and (vi), the Promoter shall have the option to terminate this Agreement as mentioned in Clause 9.4 (ii); Further in case of event of default under Clause 9.3(iii), till the time Promoter exercises the option to terminate this Agreement. it shall be entitled to (a) recover interest as per Clause 9.4 (i) and (b) recover maintenance charges from the date of issuance of Offer Letter and (c) recover holding/ safe guarding charges @ Rs.20,000/- per month on the Total Payable Amount of the Unit; and (d) taxes mentioned in Clause 7.6 withhold registration of the Conveyance Deed of the Unit in favour of the Allottee(s) and to refuse possession of Unit to the Allottee(s) till payment of amounts mentioned Clause

Appears in 1 contract

Samples: Sale/Sub Lease Agreement

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 Subject to the Force Majeure clause, the Promoter shall be considered under a condition of Defaultdefault, in the following events:, namely:- (i) The Promoter fails to provide ready to move in possession of the Apartment Plot to the Allottee Allottee(s) within the time period specified in para Term No. 7.1 above in this Agreement 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 paraclause, 'ready to move in possession' shall mean that the Apartment Plot shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificatecompletion certificate, as the case may be, has been issued by the Competent Authoritycompetent authority; (ii) Discontinuance of the Promoter’s 's business as a developer Promoter on account of suspension or revocation or expiry of its 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 Allottee(s) is entitled to the followingfollowing benefits, namely :- (i) Stop making further payments to the Promoter as demanded by the Promoter Promoter. If the Allottee Allottee(s) stops making payments, the Promoter shall 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 interest; or (ii) The Allottee Allottee(s) shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee Allottee(s) under any heads head whatsoever towards the purchase of the ApartmentPlot, along with interest at the rate prescribed in the Rules within 45 (forty-five) 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 interestat the rate prescribed in the Rules, Rules for every month of delay till the handing over of the possession of the ApartmentPlot, which shall be paid by the Promoter to the Allottee within 45 (forty-five days) days of it becoming due. 9.3 The Allottee Allottee(s) shall be considered under a condition of Defaultdefault, on the occurrence of the following events: (i) In case the Allottee Allottee(s) fails to make payments for two consecutive demands made by the Promoter as per the Payment Plan annexed heretopayment plan stated above, despite having been issued notice in that regard regard, the Allottee Allottee(s) shall be liable to pay interest to the Promoter on the unpaid amount as at the rate prescribed in the Rules;. (ii) In case of Default default by Allottee under the condition conditions listed above continues for a period beyond 2 (two) Three consecutive months after notice from the Promoter in this regard, the Promoter may cancel the allotment of the Apartment in favour of the Allottee Plot and refund the money paid to him him/her by the Allottee Allottee(s) by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. terminated : Provided that the Promoter shall intimate the Allottee Allottee(s) about such termination at least 30 (thirty) thirty days prior to such termination.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 Subject to the Force Majeure clause, the The Promoter shall be considered under a condition of Default, in the following events: (i) The Promoter fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authorityauthority. For the purpose of this para, ‘ready to move in possession’ shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificateoccupation certificate and completion certificate, as the case may be, has been issued by the Competent Authoritycompetent authority; (ii) Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by the Promoter promoter under the conditions listed above, the Allottee is entitled to the followingfollowing : (i) Stop making further payments to the Promoter as demanded by the Promoter promoter. If the Allottee stops making paymentspayment, 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 interest; or. (ii) The Allottee shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads head whatsoever towards the purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules 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 prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter promoter to the Allottee within 45 (forty-five days) days of it becoming due. 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 two consecutive demands made by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee allottee shall be liable to pay interest to the Promoter promoter on the unpaid amount as at the rate prescribed in the Rules;. (ii) In case 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 promoter may cancel the allotment of the Apartment in favour of the Allottee and refund the money paid to him the Promoter by the Allottee by allottee after deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminatedterminated and such refund shall be subject to sale of the Apartment by the Promoter and the amounts have been received by the Promoter from the new transferee thereof. Provided that the Promoter promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination.

Appears in 1 contract

Samples: Sale Agreement

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 9.1. Subject to the Force Majeure clause, the Promoter shall be considered under a condition of Default, in the following events: (i) The I. Promoter fails to provide ready to move in possession of the Apartment [Apartment/Plot] to the Allottee within the time period specified in para 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authorityspecified. For the purpose of this paraclause, ready to move in possession”; shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specificationsspecification, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to by and between the parties, parties and for which Completion Certificate or Partial Completion Certificate, occupancy certificate and completion certificate as the case may be, has been issued by the Competent Authority;competent authority. (ii) II. Discontinuance of the Promoter’s business as a developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 9.2. In case of Default by the Promoter under the conditions listed above, the Allottee is entitled to the following: (i) a. Stop making further payments to the Promoter as demanded by the Promoter 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 re- quired to make the next payment without any penal interest; or (ii) b. The Allottee shall have the option of terminating this Agreement the Agree- ment in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads head whatsoever towards the purchase of the Apartmentapartment, along with interest at the rate prescribed specified in the Rules within 45 (forty-five) five days of receiving the termination notice: Provided that where an Allottee does not intend to withdraw with- draw from the Project project or terminate the Agreement, he shall be paid, by the Promoterpromoter, interest at the rate prescribed specified in the Rules, for every month of delay till the handing over of the possession of the [Apartment, which shall be paid by the Promoter to the Allottee within 45 (forty-five days) of it becoming due]. 9.3 9.3. The Allottee shall be considered under a condition of Default, on the occurrence of the following events: (i) In X. Xx case the Allottee fails to make payments for two consecutive demands made by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee allottee shall be liable to pay interest to the Promoter pro- moter on the unpaid amount as at the rate prescribed specified in the Rules;. (ii) In XX. Xx case of Default by Allottee under the condition listed above continues toranues for a period beyond 2 (two) consecutive two months after notice from on the Promoter in this regard, the Promoter may shall cancel the allotment of the Apartment [Apartment) in favour of the Allottee and refund re fund the amount money paid to him by the Allottee allottee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement Agree ment shall thereupon stand terminated. Provided that the Promoter vendor shall intimate initiate the Allottee purchaser about such termination at least 30 (thirty) thirty days prior to such termination.

Appears in 1 contract

Samples: Sale Agreement

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 Subject to the Force Majeure clause, court orders, government policy/ guidelines, decisions, or any reason beyond the control of the Promoter, the Promoter shall be considered under a condition of Defaultdefault, in the following events: (i) The Promoter promoter fails to provide ready to move in possession of the Apartment Plot to the Allottee within the time period specified in para 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 para, ‘ready to move in possession’ shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificate, as the case may be, has been issued by the Competent Authority;specified; or (ii) Discontinuance discontinuance of the Promoter’s business as a developer on account of suspension or revocation of its 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 entitled to the following:: - (i) Stop stop making further payments to the Promoter as demanded by the Promoter Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter thereafter, the Allottee will be required to make the next payment without any penal interest; or (ii) The the Allottee shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads head whatsoever except any non-refundable amounts towards the purchase of the ApartmentPlot, along with interest at the rate prescribed specified in the Rules within 45 (forty-five) ninety days of receiving the termination notice: : (iii) 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 prescribed specified in the Rules, for every month of delay till the handing over issue of the letter offering possession of the ApartmentPlot, which shall be paid by the Promoter to the Allottee Allotee within 45 90 (forty-five daysNinety) days of it becoming due. 9.3 The Allottee shall be considered under a condition of Defaultdefault, on the occurrence of the following events:events:- (i) In in case the Allottee fails to make payments for two consecutive demands made by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard regard, the Allottee shall be liable to pay interest to the Promoter promoter on the unpaid amount as at the rate prescribed specified in the Rules; (ii) In Breach of any terms and conditions stipulated in this Agreement; (iii) in case of Default by Allottee under the condition listed above continues for a period beyond 2 (twoTwo) consecutive months after notice from the Promoter in this regard, the Promoter may shall cancel the allotment of the Apartment Plot in favour of the Allottee and refund the amount money paid to him by the Allottee allottee by deducting the booking amount amount, non-refundable amounts and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination.

Appears in 1 contract

Samples: Sale Agreement

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 Subject to the Force Majeure clause, the Promoter “Promoter" shall be considered under a condition of Default, in the following events: (i) The Promoter “Promoter" fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in para 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 paraclause, 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including as mentioned in the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases sub clause IV of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificate, as the case may be, has been issued by the Competent Authority;Clause 1. (ii) Discontinuance of the Promoter’s 's business as a developer on account of suspension or revocation of its registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by the Promoter “Promoter" under the conditions listed above, the Allottee is entitled to the following: (i) Stop making further payments to the Promoter “Promoter" as demanded by the Promoter “Promoter". If the Allottee stops making payments, the Promoter “Promoter" shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or (ii) The Allottee shall have the option of terminating this Agreement in which case the Promoter “Promoter" shall be liable to refund the entire money paid by the Allottee under any heads whatsoever towards the purchase of the Apartment, along with interest at the rate prescribed in the Rules within 45 (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 prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter “Promoter" to the Allottee within 45 (forty-five days) of it becoming due. 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 two consecutive demands made by the Promoter “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 “Promoter" on the unpaid amount as the rate prescribed in the Rules; (ii) In case of Default by Allottee under the condition listed above continues for a period beyond 2 (two) consecutive months after notice from the Promoter “Promoter" in this regard, the Promoter “Promoter" may cancel the allotment of the Apartment in favour of the Allottee and refund the money paid to him by the Allottee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination.the

Appears in 1 contract

Samples: Sale Agreement

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EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 Subject to the Force Majeure clauseMajeure”, order of any court, Tribunal or Authority, Government policy/guidelines, decisions, the Promoter shall Vendorshall be considered under a condition of Default, in the following events: (i) The Promoter fails Vendor fail to provide ready to move in possession of the Apartment developed Plot to the Allottee Vendee within the time period specified in para 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authorityspecified. For the purpose of this paraClause, 'ready to move in possession' shall mean that the Apartment shall Plotshall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the partiesParties, and for which Completion Certificate occupation certificate* or Partial Completion Certificate, as the case may be, part thereof has been issued by the Competent Authoritycompetent authority; (ii) Discontinuance of the PromoterVendor’s business as a developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by the Promoter under Vendorunder the conditions listed above, the Allottee Vendee is entitled to the following: (i) Stop making further payments to the Promoter Vendor as demanded by the Promoter Vendor. If the Allottee Vendee stops making payments, the Promoter Vendor shall correct the situation by completing the construction construction/development milestones and only thereafter the Allottee Vendee be required to make the next payment without any interestinterest for the period of such delay; or (ii) The Allottee Vendee shall have the option of terminating this Agreement the Agreement, in which case the Promoter Vendor shall be liable to refund the entire money paid by the Allottee Vendee under any heads head whatsoever towards the purchase of the ApartmentPlot, along with interest at the rate prescribed specified in the Rules within 45 90 (forty-fiveninety) days of receiving the termination notice: Provided that where an Allottee Vendee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the PromoterVendor, interest at the rate prescribed specified in the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter to the Allottee within 45 (forty-five days) of it becoming duePlot. 9.3 The Allottee Vendee shall be considered under a condition of Default, on the occurrence of the following events: (i) In case case, the Allottee Vendee fails to make payments for two consecutive demands made by the Promoter Vendor as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee shall Vendeeshall be liable to pay interest to the Promoter on Vendoron the unpaid amount as at the rate prescribed specified in the Rules; (ii) In case of Default by Allottee Vendee under the condition listed above continues for a period beyond 2 90 (two) consecutive months ninety)days after notice from the Promoter Vendor in this regard, the Promoter Vendor may cancel the allotment of the Apartment in Plotin favour of the Allottee Vendee and refund the money paid to him by the Allottee by Vendeeby deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination.

Appears in 1 contract

Samples: Sale Agreement

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 Subject to the Force Majeure clauseMajeure”, order of any court, Tribunal or Authority, Government policy/guidelines, decisions, the Promoter Vendor shall be considered under a condition of Default, in the following events: (i) The Promoter fails Vendor fail to provide ready to move in possession of the Apartment developed Plot to the Allottee Vendee within the time period specified in para 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authorityspecified. For the purpose of this paraClause, 'ready to move in possession' shall mean that the Apartment Plot shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the partiesParties, and for which Completion Certificate occupation certificate* or Partial Completion Certificate, as the case may be, part thereof has been issued by the Competent Authoritycompetent authority; (ii) Discontinuance of the Promoter’s Vendor’ business as a developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by the Promoter Vendor under the conditions listed above, the Allottee Vendee is entitled to the following: (i) Stop making further payments to the Promoter Vendor as demanded by the Promoter Vendor. If the Allottee Vendee stops making payments, the Promoter Vendor shall correct the situation by completing the construction construction/development milestones and only thereafter the Allottee Vendee be required to make the next payment without any interestinterest for the period of such delay; or (ii) The Allottee Vendee shall have the option of terminating this Agreement the Agreement, in which case the Promoter Vendor shall be liable to refund the entire money paid by the Allottee Vendee under any heads head whatsoever towards the purchase of the ApartmentPlot, along with interest at the rate prescribed specified in the Rules within 45 90 (forty-fiveninety) days of receiving the termination notice: Provided that where an Allottee Vendee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the PromoterVendor, interest at the rate prescribed specified in the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter to the Allottee within 45 (forty-five days) of it becoming duePlot. 9.3 The Allottee Vendee shall be considered under a condition of Default, on the occurrence of the following events: (i) In case case, the Allottee Vendee fails to make payments for two consecutive demands made by the Promoter Vendor as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee Vendee shall be liable to pay interest to the Promoter Vendor on the unpaid amount as at the rate prescribed specified in the Rules; (ii) In case of Default by Allottee Vendee under the condition listed above continues for a period beyond 2 90 (twoninety) consecutive months days after notice from the Promoter Vendor in this regard, the Promoter Vendor may cancel the allotment of the Apartment Plot in favour favor of the Allottee Vendee and refund the money paid to him by the Allottee Vendee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination.

Appears in 1 contract

Samples: Sale Agreement

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 10.1 Subject to the Force Majeure clause, the Promoter Developer shall be considered under a condition of Default, in the following eventsevents : (i) The Promoter Developer fails to provide ready to move in possession of the Apartment designated unit to the Allottee Purchaser within the time period specified in para 7.1 paragraph 8.1 or fails to complete the Project complex within the stipulated time disclosed at the time of registration of the Project complex with the Authority. For the purpose of this para, para ‘ready to move in possession’ shall mean that the Apartment designated unit shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificateoccupation certificate and completion certificate, as the case may be, has been issued by the Competent Authoritycompetent authority; (ii) Discontinuance of the PromoterDeveloper’s business as a developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 10.2 In case of Default by the Promoter Developer under the conditions listed above, the Allottee Purchaser is entitled to the followingfollowing : (i) Stop making further payments to the Promoter Xxxxxxxxx as demanded by the Promoter Developer. If the Allottee Purchaser stops making payments, payments the Promoter Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee Purchaser be required to make the next payment without any interestinterest ; or (ii) The Allottee Purchaser shall have the option of terminating this the Agreement in which case the Promoter Developer shall be liable to refund the entire money paid by the Allottee Purchaser under any heads head whatsoever towards the purchase of the Apartmentdesignated unit, along with interest at the rate prescribed in the Rules within 45 (forty-five) forty five days of receiving the termination notice: notice Provided that where an Allottee Purchaser does not intend to withdraw from the Project complex or terminate the Agreement, he shall be paid, by the PromoterDeveloper, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartmentdesignated unit, which shall be paid by the Promoter Developer to the Allottee Purchaser within 45 (forty-forty five days) days of it becoming due. 9.3 10.3 The Allottee Purchaser shall be considered under a condition of Default, on the occurrence of the following events: (i) In case the Allottee Purchaser fails to make payments for two consecutive demands made by the Promoter Developer as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee Purchaser shall be liable to pay interest to the Promoter Developer on the unpaid amount as at the rate prescribed in the Rules; (ii) In case of Default by Allottee Purchaser under the condition listed above continues for a period beyond 2 (two) two consecutive months after notice from the Promoter Developer in this regard, the Promoter Developer may cancel the allotment of the Apartment designated unit in favour of the Allottee Purchaser and refund the money paid to him by the Allottee Purchaser by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter Developer shall intimate the Allottee Purchaser about such termination at least 30 (thirty) thirty days prior to such termination.

Appears in 1 contract

Samples: Sale Agreement

EVENTS OF DEFAULTS 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) The Promoter fails to provide ready to move in hand over possession of the Apartment Said Unit to the Allottee Allottee(s) within the time period specified in para 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 paraclause, ‘ready to move in hand over possession’ shall mean that Said Unit the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificate, as the case may be, has been issued by the Competent Authorityrespects; (ii) Discontinuance of the Promoter’s business as a Promoter as a developer on account of suspension or revocation of its registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by the Promoter under the conditions listed above, the Allottee is Allottee(s) is/are entitled to the following: (i) Stop making further payments to the Promoter as demanded by the Promoter Promoter. If the Allottee Allottee(s) stops making payments, the Promoter shall correct the situation by completing the construction milestones development of the Said Unit as agreed and only thereafter the Allottee Allottee(s) be required to make the next payment without any interest; or (ii) The Allottee Allottee(s) shall have the option of terminating this Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee Allottee(s) under any heads head whatsoever towards the purchase Total Price of the Apartment, Said Unit along with interest at the rate prescribed in the Rules within 45 (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 he/she/they/its shall be paid, paid by the Promoter, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartment, Said Unit which shall be paid by the Promoter to the Allottee Allottee(s) within 45 (forty-five daysfive) days of it becoming due. 9.3 The Allottee Allottee(s) 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 two consecutive demands made of the outstanding, amounts due and payable (including the Allottee(s)’s proportionate share of taxes levied by concerned local authority, Extra Charges and Deposits and Extra Charge taxes, provisional Common Area Maintenance charges etc.) payable by him/her/them/it and meeting the other obligations under this Agreement. Time is the essence, with respect to the Allottee(s)’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 Said Unit Price (“Booking Amount”) shall be treated as xxxxxxx money to ensure fulfilment by the Allottee(s) of the terms and conditions, as contained 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) agree/s 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. 9.4 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/their/its 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 thirty (30) 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 thirty (30) 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 with AD at the address provided by the Allottee(s) and/or mail at the e-mail address provided by the Allottee(s), intimating him/her/them/it of the specific breach/default or breaches/defaults of terms and conditions in respect of which the Promoter is cancelling and/or terminating this Agreement. 9.5 On such cancellation, the allotment/booking/agreement for the Said Unit shall stand immediately cancelled and the Allottee(s) shall have no right whatsoever with respect to the same. 9.6 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. 9.6.1. Booking Amount subject to a maximum of 10% of the Said Unit 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). 0.0.0. Xxxxx interest accrued on account of the delay/default in payment of any Installment/s and other charges as per the Payment Plan annexed heretocalculated till the date of the cancellation/ termination letter. 9.6.3. Amount of penalty (including taxes) for dishonor of cheque (if any) by the Allottee(s) under this Application/Agreement. 9.6.4. All amounts collected as taxes, despite having been issued notice in that regard 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. 9.7 The Promoter shall have the Allottee shall be liable to pay interest 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 on 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 unpaid 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 as the rate prescribed in the Rules;account of the Promoter. (ii9.8 The Allottee(s) In case of Default by Allottee under the condition listed above continues for a period beyond 2 (two) consecutive months after notice from further agrees that the Promoter in this regard, shall refund the 9.9 Upon the Promoter may cancel cancellation and termination of the allotment of the Apartment Said Unit, the Allottee(s) shall not have any right title or interest with respect to the same and the Promoter shall be at a liberty to sell or otherwise dispose off the same to any other person/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(s) 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. 9.10 The Allottee(s) hereby also covenant/s to observe and perform all the terms and conditions of the Allottee and refund the money paid to him by the Allottee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, and/or allotment and/or this Agreement to keep the Promoter and 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 thereupon stand terminatedindemnify the Promoter also against any loss or damages that Promoter may suffer as a result of non- payment of any amount herein including the Total Price, non-observance or non-performance of the terms and conditions mentioned herein. Provided The Allottee(s) confirms that the Promoter shall intimate have a right of first lien on the Allottee about such termination at least 30 (thirtySaid Unit in the event any amounts are outstanding to the Promoter. The Allottee(s) days prior further confirms that this clause be applicable even post possession being handed over to such terminationthe Allottee(s). 9.11 In the event of dishonour of any payment instruments or any payment instructions by or on behalf of the Allottee(s) for any reason whatsoever,

Appears in 1 contract

Samples: Sale Agreement

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 10.1 Subject to the Force Majeure clause, the Promoter Assignor/First Party shall be considered under a condition of Defaultdefault, in the following events:events:- (i) The Promoter Assignor/First Party fails to provide ready to move in possession of the Apartment Apartment/Flat to the Allottee Allottee(s) within the time period specified above in para 7.1 this Agreement 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 paraPara, 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificate, as the case may be, has been issued by the Competent Authority; (ii) Discontinuance of the Promoter’s Assignor/First Party business as a developer on account of suspension or revocation of its their registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 11.2 In case of Default default by the Promoter Assignor/First Party under the conditions listed above, the Allottee Allottee(s) is entitled to the following:following:- (i) Stop making further payments to the Promoter Assignor/First Party as demanded by the Promoter Assignor/First Party. If the Allottee Allottee(s) stops making payments, the Promoter Assignor/First Party shall correct the situation by completing the construction milestones and only thereafter the Allottee Allottee(s) be required to make the next payment without any interest; or (ii12.3 The Assignee/Allottee(s) The Allottee shall have the option of terminating this Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads whatsoever towards the purchase of the Apartment, along with interest at the rate prescribed in the Rules within 45 (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 prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter to the Allottee within 45 (forty-five days) of it becoming due. 9.3 The Allottee shall be considered under a condition of Defaultdefault, on the occurrence of the following events: (i) In case the Allottee Allottee(s) fails to make payments for two one month consecutive demands made by the Promoter Assignor/First Party as per the Payment Plan payment plan annexed hereto, despite having been issued notice in that regard regard, the Allottee Assignee/Allottee(s) shall be liable to pay interest @ 18% P.A. to the Promoter Assignor/First Party on the unpaid amount as the rate prescribed in the Rules;amount. (ii) In case of Default default by Allottee Assignee/Allottee(s) under the condition conditions listed above continues for a period beyond 2 (two) three months consecutive months after notice from the Promoter Assignor/First Party in this regard, the Promoter Assignor/First Party may cancel the allotment of the Apartment in favour of the Allottee Allottee(s) and refund the money paid to him by the Allottee Allottee(s) by deducting the booking amount and the interest liabilities of remaining unpaid amount and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. terminated : Provided that the Promoter Assignor/First Party shall intimate the Allottee about such termination at least 30 (thirty) thirty days prior to such termination.

Appears in 1 contract

Samples: Assignment Agreement

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 a. Subject to the Force Majeure clause, the Promoter Vendor shall be considered under a condition of Default, in the following events: (i) The Promoter Vendor fails to provide ready to move in possession of the Apartment Schedule-A Property to the Allottee Purchaser/s within the time period specified in para 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 para, ‘ready to move in possession’ shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificate, as the case may be, has been issued by the Competent Authorityparagraph 7.1; (ii) Discontinuance of the Promoter’s Vendor business as a developer on account of suspension or revocation of its registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 b. In case of Default by the Promoter Vendor under the conditions listed above, the Allottee Purchaser/s is entitled to the followingfollowing : (i) Stop making further payments to the Promoter Vendor as demanded by the Promoter Vendor. If the Allottee Purchaser/s stops making paymentspayment, then the Promoter Vendor 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 interest; or (ii) The Allottee Purchaser/s shall have the option of terminating this the Agreement in which case the Promoter Vendor shall be liable to refund the entire money paid by the Allottee Purchaser/s under any heads head whatsoever towards the purchase of the ApartmentSchedule-A property, along with interest at the rate prescribed in the Rules within 45 6 (forty-fivesix) days months of receiving the termination notice: ; Provided that where an Allottee Purchaser/s does not intend to withdraw from the Project project or terminate the Agreement, he he/she/they shall be paid, by the PromoterVendor, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the ApartmentSchedule-A property, which shall be paid by the Promoter Vendor to the Allottee Purchaser/s within 45 6 (forty-five dayssix) months of it becoming due. 9.3 c. The Allottee Purchaser/s shall be considered under a condition of Default, on the occurrence of the following events: (i) In : That in case of default in payment of balance amount within the Allottee fails stipulated period as aforesaid or non observance and compliance of any of the terms and conditions hereof the Vendor shall be at liberty to make payments for two consecutive demands made terminate this agreement and forfeit 10% of the consideration amount together with the proportionate interest liability, GST and other Government Taxes and shall be at liberty to dispose of the Schedule-A property in such manner and to such person as they may think fit and the purchaser shall not be entitled to question or dispute such sale 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 Vendor on the unpaid any ground whatsoever or claim any amount as the rate prescribed in the Rules; (ii) In case of Default by Allottee under the condition listed above continues for a period beyond 2 (two) consecutive months after notice from the Promoter in whatsoever on this regard, the Promoter may cancel the allotment of the Apartment in favour of the Allottee and refund the money paid to him by the Allottee by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminatedaccount. Provided that the Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination.: 17:

Appears in 1 contract

Samples: Agreement to Sell

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 Subject to the Force Majeure clause, the Promoter Developer shall be considered under a condition of Default, in the following events: (i) The Promoter Developer fails to provide ready to move in possession of the Apartment to the Allottee Purchaser within the time period specified in para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this para, ‘para 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificateoccupation certificate and completion certificate, as the case may be, has been issued by the Competent Authoritycompetent authority; (ii) Discontinuance of the Promoter’s Developer's business as a developer on account of suspension or revocation of its registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by the Promoter Developer under the conditions listed above, the Allottee Purchaser is entitled to the following: (i) Stop making further payments to the Promoter Developer as demanded by the Promoter Developer. If the Allottee Purchaser stops making payments, payments the Promoter Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee Purchaser be required to make the next payment without any interest; or (ii) The Allottee Purchaser shall have the option of terminating this the Agreement in which case the Promoter Developer shall be liable to refund the entire money paid by the Allottee Purchaser under any heads head whatsoever towards the purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules within 45 (forty-fiveForty Five) days days’ of receiving the termination notice: ; Provided that where an Allottee a Purchaser does not intend to withdraw from the Project project or terminate the Agreement, he he/she shall be paid, by the PromoterDeveloper, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession (of the Apartment), which shall be paid by the Promoter Developer to the Allottee Purchaser within 45 (fortyForty-five Five) days) of it becoming due. 9.3 The Allottee Purchaser shall be considered under a condition of Default, on the occurrence of the following events: (i) In case the Allottee Purchaser fails to make payments for two consecutive demands made by the Promoter Developer as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee Purchaser shall be liable to pay interest to the Promoter on the unpaid amount as Developer, interest at the rate of State Bank of India Prime Lending Rate (SBiPLR) + 2% (Two Percent) per annum or such other rate of interest as may be prescribed in from time to time under Applicable Laws, on all delayed payments which become due and payable by the Rules;Purchaser/s under the terms of this Agreement from the date the amount is payable by the Purchaser/s for the period of delay. (ii) In case of Default by Allottee Purchaser under the condition listed above continues for a period beyond 2 (two3(Three) consecutive months months’ after notice from the Promoter Developer in this regard, the Promoter Developer may upon 30 days’ written notice cancel the allotment of the Apartment in favour of the Allottee Purchaser and refund the money paid to him by the Allottee Purchaser by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination.terminate;

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 10.1 Subject to the Force Majeure clause, the Promoter shall be considered under a condition of Default, in the following eventsevents : (i) The Promoter fails to provide ready to move in possession of the Apartment said Unit to the Allottee Purchaser within the time period specified in para 7.1 8.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this para, ‘para “ready to move in possessionshall mean that the Apartment Unit shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificateoccupation certificate and completion certificate, as the case may be, has been issued by the Competent Authority;competent authority. (ii) Discontinuance of the Promoter’s business as a developer on account of suspension or revocation revision of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 10.2 In case of Default by the Promoter under the conditions listed above, the Allottee Purchaser is entitled to the followingfollowing : (i) Stop making further payments to the Promoter as demanded by the Promoter Promoter. If the Allottee Purchaser stops making payments, payments the Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee Purchaser be required to make the next payment without any interest; or (ii) The Allottee Purchaser shall have the option of terminating this the Agreement in which case the Promoter and the Owner shall be liable to refund the entire money paid by the Allottee Purchaser under any heads head whatsoever towards the purchase of the ApartmentUnit, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination noticenotice : Provided that where an Allottee a Purchaser does not intend to withdraw from the Project project or terminate the Agreement, he shall be paid, by the Promoter, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the ApartmentUnit), which shall be paid by the Promoter to the Allottee Purchaser within 45 (forty-five days) days of it becoming due. 9.3 10.3 The Allottee Purchaser shall be considered under a condition of Default, on the occurrence of the following eventsevents : (i) In case the Allottee Purchaser fails to make payments for two consecutive demands made by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee Purchaser shall be liable to pay interest to the Promoter on the unpaid amount as at the rate prescribed in the Rules; (ii) In case of Default by Allottee Purchaser under the condition listed above continues for a period beyond 2 (two) two consecutive months after notice from the Promoter in this regard, the Promoter may cancel the allotment of the Apartment Unit in favour of the Allottee Purchaser and the Promoter and Owner shall refund the money paid to him by the Allottee Purchaser by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter shall intimate the Allottee Purchaser about such termination at least 30 (thirty) days prior to such termination.

Appears in 1 contract

Samples: Construction Contract

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 13.1 Subject to the Force Majeure clauseprovisions of this Agreement and subject to the Allottee making timely payments hereunder and save and except for the events specified in (a) and (b) of Clause 6.1.1 above, the Promoter shall be considered under a condition of Default, default in the following events: (i) The 13.1.1 the Promoter fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in para 7.1 Clause 6.1.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authoritycompetent authority under the Act. For the purpose of this paraClause, 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the partiesParties, and for which Completion Certificate completion certificate or Partial Completion Certificatethe occupancy certificate, as the case may be, has been issued by the Competent Authority;competent authority; or (ii) Discontinuance 13.1.2 discontinuance of the Promoter’s business as a developer on account of suspension or revocation of its registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 13.2 In case of Default default by the Promoter under the conditions listed above, the Allottee is shall be entitled to the following: (i) Stop 13.2.1 stop making further payments to the Promoter as demanded by the Promoter Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter shall the Allottee be required to make the next payment without any interest; or (ii) The 13.2.2 the Allottee shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads head whatsoever towards the purchase lease of the Apartment, along with interest at the rate prescribed in Rule 18 of the Rules within 45 (forty-forty five) days of receiving the termination notice: . Provided that that, where an the Allottee does not intend to withdraw from the Project or terminate the Agreement, he he/she/it shall be paid, by the Promoter, interest at the rate prescribed in Rule 18 of the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter to the Allottee within 45 (forty-five daysforty five) days of it the same becoming due. 9.3 13.3 The Allottee shall be considered to be under a condition of Defaultdefault, on the occurrence of the following events: (i) In in case the Allottee fails to make payments payment for two (2) consecutive demands made by the Promoter as per the Payment Plan annexed heretoPlan, of any amount due and payable by the Allottee under this Agreement (including his/her/its proportionate share of taxes, levies and other outgoings) despite having been issued notice in that regard regard. In such event the Allottee shall be liable to pay interest to the Promoter on the unpaid amount as Promoter, interest at the rate prescribed in Rule 18 of the Rules;, on all unpaid amounts from the date the amount is payable by the Allottee. (ii) In 13.4 Without prejudice to the right of the Promoter to charge interest in terms of Clause 13.3 above, in case of Default the default by the Allottee under the condition listed Clause 13.3 above continues for a period beyond 2 three (two3) consecutive months after first notice from the Promoter in this regard, the Promoter Promoter, at its own option, may cancel the allotment of the Apartment in favour of the Allottee terminate this Agreement and refund the money paid to him the Promoter by the Allottee by after deducting the booking amount Booking Amount and the interest liabilities and after deduction of such other tax/levy as may be applicable statutory taxesat the time of such termination by the Promoter, if any, and this Agreement and any liability of the Promoter shall thereupon stand terminated. Provided that that, the Promoter shall intimate the Allottee about such termination the Promoter’s intention to terminate this Agreement by a written notice of at least 30 (thirty) days prior to such termination. 13.5 On and from the date of refund of the amount as mentioned in Clauses 13.2 and 13.4 above, as the case may be, this Agreement shall stand cancelled automatically without any further act from the Allottee and the Allottee shall have no right, title and/or interest on the said Apartment, the Project and/or the Said Land or any part or portion thereof, and the Allottee shall further not be entitled to claim any charge on the said Apartment and/or any part or portion thereof, in any manner whatsoever. The effect of such termination shall be binding and conclusive on the Parties. 13.6 Notwithstanding anything to the contrary stated herein, it is hereby clarified that upon termination or cancellation of this Agreement for any reason whatsoever, the Allottee shall execute such documentation, as may be reasonably requested by the Promoter, at the Allottee’s cost and expense. 13.7 For the avoidance of doubt, it is hereby clarified that the Promoter shall not be held liable, in any manner whatsoever, for any delay in receipt/non-receipt of any refund by the Allottee in accordance with the terms of this Agreement, for any reason, including but not limited to, any delay by the Indian postal authority or due to a change in address of the Allottee (save as provided in this Agreement) or loss in transit.

Appears in 1 contract

Samples: Lease Agreement

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 12.1 Subject to the Force Majeure clause, the Promoter Developer shall be considered under a condition of Default, in the following eventsevents : (i) The Promoter Developer fails to provide ready to move in possession of the Apartment designated unit to the Allottee Purchaser within the time period specified in para 7.1 paragraph 8.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this para, para ‘ready to move in possession’ shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificateoccupation certificate and completion certificate, as the case may be, has been issued by the Competent Authoritycompetent authority; (ii) Discontinuance of the PromoterDeveloper’s business as a developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 12.2 In case of Default by the Promoter Developer under the conditions listed above, the Allottee Purchaser is entitled to the followingfollowing : (i) Stop making further payments to the Promoter Developer as demanded by the Promoter Developer. If the Allottee Purchaser stops making payments, payments the Promoter Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee Purchaser be required to make the next payment without any interestinterest ; or (ii) The Allottee Purchaser shall have the option of terminating this the Agreement in which case the Promoter Developer shall be liable to refund the entire money paid by the Allottee Purchaser under any heads head whatsoever towards the purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) forty five days of receiving the termination notice: notice Provided that where an Allottee 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 prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartmentdesignated unit, which shall be paid by the Promoter Developer to the Allottee Purchaser within 45 (forty-forty five days) days of it becoming due. 9.3 12.3 The Allottee Purchaser shall be considered under a condition of Default, on the occurrence of the following events: (i) In case the Allottee Purchaser fails to make payments for two consecutive demands made by the Promoter Developer as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee Purchaser shall be liable to pay interest to the Promoter Developer on the unpaid amount as at the rate prescribed in the Rules; (ii) In case of Default by Allottee Purchaser under the condition listed above continues for a period beyond 2 (two) consecutive months after notice from the Promoter Developer in this regard, the Promoter Developer may cancel the allotment of the Apartment designated unit in favour of the Allottee Purchaser and refund the money paid to him by the Allottee Purchaser by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that the Promoter Developer shall intimate the Allottee Purchaser about such termination at least 30 (thirty) thirty days prior to such termination.

Appears in 1 contract

Samples: Sale Agreement

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 13.1. Subject to the Force Majeure clauseprovisions of this Agreement and subject to the Allottee making timely payments hereunder and save and except for the events specified in (a) and (b) of Clause 6.1.1 above, the Promoter shall be considered under a condition of Default, default in the following events: (i) The 13.1.1. the Promoter fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in para 7.1 Clause 6.1.1 or fails to complete the Project Phase IA within the stipulated time disclosed at the time of registration of the Project Phase IA with the Authoritycompetent authority under the Act. For the purpose of this paraClause, 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the partiesParties, and for which Completion Certificate or Partial Completion Certificate, as the case may be, completion certificate has been issued by the Competent Authority;competent authority; or (ii) Discontinuance 13.1.2. discontinuance of the Promoter’s business as a developer on account of suspension or revocation of its registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 13.2. In case of Default default by the Promoter under the conditions listed in Clause 13.1 above, the Allottee is shall be entitled to the following: (i) Stop 13.2.1. stop making further payments to the Promoter as demanded by the Promoter Promoter. If the Allottee stops making payments, the Promoter shall correct the situation by completing the construction milestones and only thereafter shall the Allottee be required to make the next payment without any interest; or (ii) The 13.2.2. the Allottee shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads head whatsoever towards the purchase of the Apartment, along with interest at the rate prescribed in Rule 18 of the Rules within 45 (forty-forty five) days of receiving the termination notice: . Provided that that, where an the Allottee does not intend to withdraw from the Project or terminate the Agreement, he he/she/it shall be paid, by the Promoter, interest at the rate prescribed in Rule 18 of the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter to the Allottee within 45 (forty-five daysforty five) days of it the same becoming due. 9.3 13.3. The Allottee shall be considered to be under a condition of Default, on the occurrence of the following events: default: (ia) In in case the Allottee fails to make payments payment for two consecutive (2) demands made by the Promoter as per the Payment Plan annexed heretoPlan, of any amount due and payable by the Allottee under this Agreement (including his/her/its proportionate share of taxes, levies and other outgoings) despite having been issued notice in that regard regard; or (b) in the event that Allottee is in breach of its covenants, obligations, representations or warranties under this Agreement, which breach has not been remedied despite having been issued notice in that regard. In the event of (a) above, the Allottee shall be liable to pay interest to the Promoter on the unpaid amount as Promoter, interest at the rate prescribed in Rule 18 of the Rules;, on all unpaid amounts from the date the amount is payable by the Allottee. (ii) In 13.4. Without prejudice to the right of the Promoter to charge interest in terms of Clause 13.3 above, in case of Default the default by the Allottee under the condition listed Clause 13.3 above continues for a period beyond 2 30 (twothirty) consecutive months days after notice from the Promoter in this regard, the Promoter Promoter, at its own option, may cancel the allotment of the Apartment in favour of the Allottee terminate this Agreement and refund the money paid to him the Promoter by the Allottee after deducting therefrom the Booking Amount, along with interest liabilities, and together with deduction of such other tax/levy as may be applicable at the time of such termination by deducting the booking amount Promoter, and the interest liabilities and applicable statutory taxes, if any, this Agreement and any liability of the Promoter shall thereupon stand terminated. Provided that that, the Promoter shall intimate the Allottee about such termination the Promoter’s intention to terminate this Agreement by a written notice of at least 30 (thirty) days prior to such termination. 13.5. On and from the date of refund of the amount as mentioned in Clauses 13.2 and 13.4 above, as the case may be, this Agreement shall stand cancelled automatically without any further act from the Allottee and the Allottee shall have no right, title and/or interest on the said Apartment, the Project and/or the Said Land or any part or portion thereof, and the Allottee shall further not be entitled to claim any charge on the said Apartment and/or any part or portion thereof, in any manner whatsoever. The effect of such termination shall be binding and conclusive on the Parties. 13.6. Notwithstanding anything to the contrary stated herein, it is hereby clarified that upon termination or cancellation of this Agreement for any reason whatsoever, the Parties hereto shall execute and register a deed of cancellation for the same before the concerned Sub- Registrar, as and when intimated by the Promoter, at the Allottee’s cost and expense. In the event that the Allottee fails or refuses to execute and/or register such deed of cancellation for any reason whatsoever, the Allottee shall be liable to pay to the Promoter an amount equivalent to 9.99% (nine decimal nine nine percent) of the Unit Price as damages, which amount is a reasonable pre-estimate of losses and not a penalty. In such event, the Allottee hereby agrees that the Promoter shall have the right to forfeit an amount equivalent to such damages, prior to making a refund to the Allottee under this Agreement. The Allottee hereby agrees do all such acts or execute all such other documents, including but not limited to, executing and registering powers of attorney in favour of the Promoter or its nominees, in such form and in such manner as the Promoter may specify, at the cost and expense of the Allottee. 13.7. For the avoidance of doubt, it is hereby clarified that the Promoter shall not be held liable, in any manner whatsoever, for any delay in receipt/non-receipt of any refund by the Allottee in accordance with the terms of this Agreement, for any reason, including but not limited to, any delay by the Indian postal authority or due to a change in address of the Allottee (save as provided in this Agreement) or loss in transit.

Appears in 1 contract

Samples: Sale Agreement

EVENTS OF DEFAULTS 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) The Promoter fails to provide ready to move in possession of the Apartment Villas to the Allottee within the time period specified in para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this para, 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificate, as the case may be, has been issued by the Competent Authority;. (ii) Discontinuance of the Promoter’s business as a developer promoter on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case of Default by the Promoter under the conditions listed above, the Allottee is entitled to the following: (i) Stop making further payments to the Promoter as demanded by the Promoter 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 interest; or (ii) The Allottee shall have the option of terminating this the Agreement in which case the Promoter shall be liable to refund the entire money paid by the Allottee under any heads head whatsoever towards the purchase of the ApartmentVillas, along with interest at the rate prescribed in the Rules 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 prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartment, Villas; which shall be paid by the Promoter promoter to the Allottee allottee within 45 (forty-five days) days of it becoming due. 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 two consecutive ……..demands made by the Promoter as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee allottee shall be liable to pay interest to the Promoter promoter on the unpaid amount as at the rate prescribed in based on the RulesState Bank of India highest marginal cost of lending rate plus two percent from their respective due dates; (ii) In case of Default by Allottee under the condition listed above continues for a period beyond 2 (two) 02 consecutive months after notice from the Promoter in this regard, the Promoter may cancel the allotment of the Apartment Villas in favour of the Allottee and refund the money paid to him by the Allottee allottee by deducting the booking amount and or 10% of the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. Provided that total price of the Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination.Villas

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 Subject to the Force Majeure clause, the Promoter Developer shall be considered under a condition of Default, in the following events: (i) The Promoter Developer fails to provide ready to move in possession of the Apartment to the Allottee Purchaser within the time period specified in para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this para, ‘para 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificateoccupation certificate and completion certificate, as the case may be, has been issued by the Competent Authoritycompetent authority; (ii) Discontinuance of the Promoter’s Developer's business as a developer Developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case ease of Default by the Promoter Developer under the conditions listed above, the Allottee Purchaser is entitled to the following: (i) Stop making further payments to the Promoter Developer as demanded by the Promoter Developer. If the Allottee Purchaser stops making payments, payments the Promoter Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee the Purchaser be required to make the next payment without any interest; or (ii) The Allottee Purchaser shall have the option of terminating this the Agreement in which case the Promoter Developer shall be liable to refund the entire money paid by the Allottee Purchaser under any heads head whatsoever towards the purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) five days of receiving the termination notice: ; Provided that where an Allottee 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 prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter developer to the Allottee purchaser within 45 (forty-five days) days of it becoming due. 9.3 The Allottee Purchaser shall be considered under a condition of Default, on the occurrence of the following events: (i) In case the Allottee Purchaser fails to make payments for two consecutive demands made by the Promoter Developer as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee purchaser shall be liable to pay interest to the Promoter developer on the unpaid amount as at the rate prescribed in the Rules; (ii) In case of Default by Allottee Purchaser under the condition listed above continues for a period beyond 2 (two) three consecutive months after notice from the Promoter Developer in this regard, the Promoter Developer may cancel the allotment of the Apartment in favour of the Allottee Purchaser and refund the money paid to him by the Allottee purchaser by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. ; Provided that the Promoter developer shall intimate the Allottee purchasers about such termination at least 30 (thirty) thirty days prior to such termination.

Appears in 1 contract

Samples: Sale Agreement

EVENTS OF DEFAULTS AND CONSEQUENCES. 9.1 Subject to the Force Majeure clause, the Promoter Developer shall be considered under a condition of Default, in the following events: (i) The Promoter Developer fails to provide ready to move in possession of the Apartment to the Allottee Purchaser within the time period specified in para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this para, ‘para 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities (except the Club facilities, which will be complete on completion of all the Phases of the Luxury Zone of the Complex), as agreed to between the parties, and for which Completion Certificate or Partial Completion Certificateoccupation certificate and completion certificate, as the case may be, has been issued by the Competent Authoritycompetent authority; (ii) Discontinuance of the Promoter’s Developer's business as a developer Developer on account of suspension or revocation of its his registration under the provisions of the Act or the rules or regulations made thereunder. 9.2 In case ease of Default by the Promoter Developer under the conditions listed above, the Allottee Purchaser is entitled to the following: (i) Stop making further payments to the Promoter Developer as demanded by the Promoter Developer. If the Allottee Purchaser stops making payments, payments the Promoter Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee the Purchaser be required to make the next payment without any interest; or (ii) The Allottee Purchaser shall have the option of terminating this the Agreement in which case the Promoter Developer shall be liable to refund the entire money paid by the Allottee Purchaser under any heads head whatsoever towards the purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) five days of receiving the termination notice: ; Provided that where an Allottee 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 prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartment, which shall be paid by the Promoter developer to the Allottee purchaser within 45 (forty-five days) days of it becoming due. 9.3 The Allottee Purchaser shall be considered under a condition of Default, on the occurrence of the following events: (i) In case the Allottee Purchaser fails to make payments for two consecutive demands made by the Promoter Developer as per the Payment Plan annexed hereto, despite having been issued notice in that regard the Allottee purchaser shall be liable to pay interest to the Promoter developer on the unpaid amount as at the rate prescribed in the Rules; (ii) In case of Default by Allottee Purchaser under the condition listed above continues for a period beyond 2 (two) three consecutive months after notice from the Promoter Developer in this regard, the Promoter Developer may cancel the allotment of the Apartment in favour of the Allottee Purchaser and refund the money paid to him by the Allottee purchaser by deducting the booking amount and the interest liabilities and applicable statutory taxes, if any, this Agreement shall thereupon stand terminated. ; Provided that the Promoter developer shall intimate the Allottee purchaser about such termination at least 30 (thirty) thirty days prior to such termination.

Appears in 1 contract

Samples: Sale Agreement

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