Common use of Explanation Clause in Contracts

Explanation. The Total Consideration of Apartment above includes the booking amount paid by the Allottee to the Vendor/ Developer towards the [Apartment]; The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ Developer, by whatever name called) up to the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion Certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount-payable by the Allottee to the Vendor/ Developer shall be increased/ reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department The Vendor/ Developer shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Vendor/ Developer / Developer within the time and in the manner specified therein. In addition, the Vendor/ Developer shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; The Total Price of Apartment includes inter-alia recovery of price of land, construction of the Apartment, the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove is escalation-free, save and except increases which the Allottee hereby agrees to pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Developer shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE ("Payment Plan"). It is agreed that the Vendor/ Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the Apartment, or Building, as the case may be, without the previous written consent of the Allottee as per the provisions of the Act: Provided that the Vendor/ Developer may make such minor additions or alterations as may be required by the Allottee, or such changes or alteration as per the provisions of the act. There will be only One Common Main Gate of the said Building Complex. The Vendor/ Developer shall confirm to the net area that has been allotted to the Allottee after the construction of the Building is complete and the Completion Certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove payable for the net area shall be recalculated upon confirmation by the Vendor/ Developer. If there is reduction more than 2% in the net area then the Vendor/ Developer shall refund the excess money paid by Allottee within 45 (forty-five) days. If there is any increase more than 2 % in the Carpet Area allotted to the Allottee, the Vendor/ Developer may demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case of any dispute on the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx agrees and acknowledges, the Allottee shall have the right to the Apartment as mentioned below: The Allottee shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Vendor/ Conforming Parties/ Developer shall hand over the common areas to the Association of Allottee after duly obtaining the Completion Certificate from the competent authority as provided in the Act; The Allottee has the right to visit the project site to assess the extent of development of the Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenities. It is made clear by the Vendor/ Developer and the Allottee agrees that the Apartment along with the Garage, if allotted, shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the Land and is a part ‘Eden Oxford Park’ It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee of the Building Complex. The Vendor/ Developer agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Developer fails to pay all or any of the outgoings collected by it from the Allottee or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottee, the Vendor/ Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. On or before the Effective Date, the Allottee has paid the Application Money and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/ Developer within the time and the manner specified therein. Provided that if the Allottee delays in payment towards any amount which is payable, he/she/they shall be liable to pay interest at the rate prescribed in the rules.

Appears in 5 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

AutoNDA by SimpleDocs

Explanation. (i) The Total Consideration of Apartment Price above includes the booking amount paid by the Allottee ALLOTTEES to the Vendor/ Developer Promoter towards the [Apartment]; Bungalow; (ii) The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove Price above includes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer Promoter by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ DeveloperPromoter, by whatever name called) up to the date of handing over the possession of the apartment Bungalow to the Allottee ALLOTTEES and the project to the association of Allottee ALLOTTEESs or the, the competent authority, as the case may be, after obtaining the Completion Certificate: completion certificate; Provided that in case there is any change / change/modification in the taxes, the subsequent amount-amount payable by the Allottee ALLOTTEES to the Vendor/ Developer promoter shall be increased/ increased/reduced based on such change / change/modification: ; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department ALLOTTEES; (iii) The Vendor/ Developer Promoter shall periodically intimate in writing to the AllotteeALLOTTEES, the amount payable as stated in (i) above and the Allottee ALLOTTEES shall make payment demanded by the Vendor/ Developer / Developer Promoter within the time and in the manner specified therein. In addition, the Vendor/ Developer Promoter shall provide to the Allottee ALLOTTEES the details of the taxes paid or demanded along with alongwith the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; ; (iv) The Total Price of Apartment Bungalow includes inter-alia recovery of price of land, construction of [not only the Apartment, Bungalow but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Bungalow, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows in the common areas, maintenance charges as per para II etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment [Bungalow and the Projectproject. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove total price is escalation-free, save and except increases which the Allottee ALLOTTEES hereby agrees to pay due to increase on account of development charges payable to the competent authority and/or any and/other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer Promoter undertakes and agrees that while raising a demand on the Allottee ALLOTTEES for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Developer Promoter shall enclose the said notification/order/rule/regulation to that in effect along with the demand letter being issued to the AllotteeALLOTTEES, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project project by the Authority as per the Act, the same shall not be charged charges from the Allottee. The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE ("Payment Plan"). It is agreed that the Vendor/ Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the Apartment, or Building, as the case may be, without the previous written consent of the Allottee as per the provisions of the Act: Provided that the Vendor/ Developer may make such minor additions or alterations as may be required by the Allottee, or such changes or alteration as per the provisions of the act. There will be only One Common Main Gate of the said Building Complex. The Vendor/ Developer shall confirm to the net area that has been allotted to the Allottee after the construction of the Building is complete and the Completion Certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove payable for the net area shall be recalculated upon confirmation by the Vendor/ Developer. If there is reduction more than 2% in the net area then the Vendor/ Developer shall refund the excess money paid by Allottee within 45 (forty-five) days. If there is any increase more than 2 % in the Carpet Area allotted to the Allottee, the Vendor/ Developer may demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case of any dispute on the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx agrees and acknowledges, the Allottee shall have the right to the Apartment as mentioned below: The Allottee shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etcALLOTTEES., without causing any inconvenience or hindrance to them. It is clarified that the Vendor/ Conforming Parties/ Developer shall hand over the common areas to the Association of Allottee after duly obtaining the Completion Certificate from the competent authority as provided in the Act; The Allottee has the right to visit the project site to assess the extent of development of the Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenities. It is made clear by the Vendor/ Developer and the Allottee agrees that the Apartment along with the Garage, if allotted, shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the Land and is a part ‘Eden Oxford Park’ It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee of the Building Complex. The Vendor/ Developer agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Developer fails to pay all or any of the outgoings collected by it from the Allottee or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottee, the Vendor/ Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. On or before the Effective Date, the Allottee has paid the Application Money and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/ Developer within the time and the manner specified therein. Provided that if the Allottee delays in payment towards any amount which is payable, he/she/they shall be liable to pay interest at the rate prescribed in the rules.

Appears in 4 contracts

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

Explanation. i. The Total Consideration of Apartment Price above includes the booking amount paid by the Allottee ALLOTTEES to the Vendor/ Developer Promoter towards the [Apartment]; Bungalow; ii. The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove Price above includes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer Promoter by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ DeveloperPromoter, by whatever name called) up to the date of handing over the possession of the apartment Bungalow to the Allottee ALLOTTEES and the project to the association of Allottee ALLOTTEESs or the, the competent authority, as the case may be, after obtaining the Completion Certificate: completion certificate; Provided that in case there is any change / change/modification in the taxes, the subsequent amount-amount payable by the Allottee ALLOTTEES to the Vendor/ Developer promoter shall be increased/ increased/reduced based on such change / change/modification: ; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department ALLOTTEES; iii. The Vendor/ Developer Promoter shall periodically intimate in writing to the AllotteeALLOTTEES, the amount payable as stated in (i) above and the Allottee ALLOTTEES shall make payment demanded by the Vendor/ Developer / Developer Promoter within the time and in the manner specified therein. In addition, the Vendor/ Developer Promoter shall provide to the Allottee ALLOTTEES the details of the taxes paid or demanded along with alongwith the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; ; iv. The Total Price of Apartment Bungalow includes inter-alia recovery of price of land, construction of [not only the Apartment, Bungalow but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Bungalow, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows in the common areas, maintenance charges as per para II etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment [Bungalow and the Projectproject. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove total price is escalation-free, save and except increases which the Allottee ALLOTTEES hereby agrees to pay due to increase on account of development charges payable to the competent authority and/or any and/other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer Promoter undertakes and agrees that while raising a demand on the Allottee ALLOTTEES for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Developer Promoter shall enclose the said notification/order/rule/regulation to that in effect along with the demand letter being issued to the AllotteeALLOTTEES, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project project by the Authority as per the Act, the same shall not be charged charges from the Allottee. The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE ("Payment Plan"). It is agreed that the Vendor/ Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the Apartment, or Building, as the case may be, without the previous written consent of the Allottee as per the provisions of the Act: Provided that the Vendor/ Developer may make such minor additions or alterations as may be required by the Allottee, or such changes or alteration as per the provisions of the act. There will be only One Common Main Gate of the said Building Complex. The Vendor/ Developer shall confirm ALLOTTEES. v. In addition to the net area that has been allotted above specified amounts, the allottee shall also pay the following amounts:- • The alloottee shall pay to the Allottee after the construction of the Building is complete promoter towards transformer charges/deposit and the Completion Certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove payable for the net area shall be recalculated upon confirmation by the Vendor/ Developer. If there is reduction more than 2% in the net area then the Vendor/ Developer shall refund the excess money paid by Allottee within 45 (forty-five) days. If there is any increase more than 2 % in the Carpet Area allotted to the Allottee, the Vendor/ Developer may demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case of any dispute on the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx agrees and acknowledges, the Allottee shall have the right to the Apartment as mentioned below: The Allottee shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etcgenerator charges/deposit., without causing any inconvenience or hindrance to them. It is clarified that the Vendor/ Conforming Parties/ Developer shall hand over the common areas to the Association of Allottee after duly obtaining the Completion Certificate from the competent authority as provided in the Act; The Allottee has the right to visit the project site to assess the extent of development of the Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenities. It is made clear by the Vendor/ Developer and the Allottee agrees that the Apartment along with the Garage, if allotted, shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the Land and is a part ‘Eden Oxford Park’ It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee of the Building Complex. The Vendor/ Developer agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Developer fails to pay all or any of the outgoings collected by it from the Allottee or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottee, the Vendor/ Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. On or before the Effective Date, the Allottee has paid the Application Money and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/ Developer within the time and the manner specified therein. Provided that if the Allottee delays in payment towards any amount which is payable, he/she/they shall be liable to pay interest at the rate prescribed in the rules.

Appears in 3 contracts

Samples: Sale Agreement, Agreement for Sale, Sale Agreement

Explanation. The Total Consideration of Apartment Price above includes the booking amount paid by the Allottee Allottee(s) to the Vendor/ Developer Vendor towards the [Apartment]; : The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Price above excludes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer by way of G.S.T. Vendor, ifany as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ Developer, by whatever name calledProject) up to the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion CertificateApartment: Provided that in case there is any change / change/ modification in the taxes, the subsequent amount-amount payable by the Allottee Allotter(s) to the Vendor/ Developer Vendor shall be increased/ increased/reduced based on such change / changes/ modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department The Vendor/ Developer vendor shall periodically intimate in writing to the AllotteeAllotee(s), the amount payable as stated in (i1.1) above and the Allottee Allottee(s) shall make payment demanded by within 30 (thirty) days from the Vendor/ Developer / Developer within the time and in the manner specified thereindate of such written intimation. In addition, the Vendor/ Developer Vendor shall provide to the Allottee Allottee(s) the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; The Total Price price of Apartment includes inter-alia recovery of price of land, construction of the Apartment, includes: 1) proportionate share in the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. ; and includes cost for providing all other facilities, amenities and specifications to be 2) Flat & parking(s) as provided within the Apartment and the Projectin this Agreement. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove price is escalation-escalation- free, save and except increases which the Allottee Allottee(s) hereby agrees to pay pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer vendor undertakes and agrees that while raising a demand on the Allottee Allottee(s) for increase in development charges, cost/cost charges imposed by the competent authorities, the Vendor/ Developer Vendor shall enclose the said notification/order/rule/notification/ order/ rule/ regulation to that effect along with the demand letter being issued to the AllotteeAllottee(s), which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE Schedule C ("Payment Plan"plan”). It is agreed that the Vendor/ Developer Vendor shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) therein in respect of the Apartmentapartment, plot or Buildingbuilding, as the case may bemaybe, without the previous written consent of the Allottee as per the provisions of the Act: Allottee(s). Provided that the Vendor/ Developer Vendor may make such minor additions or alterations as may be required by the AllotteeAllottee(s), or such minor changes or alteration alterations as per the provisions of the actAct. There will be only One Common Main Gate of Subject to Clause 9.3 the said Building Complex. The Vendor/ Developer shall confirm to the net area that has been allotted to the Allottee after the construction of the Building is complete and the Completion Certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove payable for the net area shall be recalculated upon confirmation by the Vendor/ Developer. If there is reduction more than 2% in the net area then the Vendor/ Developer shall refund the excess money paid by Allottee within 45 (forty-five) days. If there is any increase more than 2 % in the Carpet Area allotted to the Allottee, the Vendor/ Developer may demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case of any dispute on the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx Vendor agrees and acknowledges, the Allottee Allottee(s) shall have the right to the Apartment [Apartment] as mentioned below: The Allottee Allotee(s) shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; [Apartment]. The Allottee Allottee(s) shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share / interest of Allottee Allottee(s) in the Common Areas is undivided and cannot be divided or separated, the Allottee Allottee(s) shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee(s) to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the Vendor/ Conforming Parties/ Developer Vendor shall hand over convey undivided proportionate title in the common areas to the Association association of Allottee after duly obtaining the Completion Certificate from the competent authority Allotee(s) as provided in the Act; The Allottee has That the right to visit the project site to assess the extent of development computation of the Project price of the [Apartment] includes recovery of price of land, construction of [not only the apartment but also] the common areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification fire fighting equipment in the layouts of common areas etc. and includes cost for providing all other facilities as provided within the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenitiesProject. It is made clear by the Vendor/ Developer Vendor and the Allottee Xxxxxxxx(s) agrees that the Apartment [Apartment] along with the Garage, if allotted, parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-self- contained Project covering the said Land and is not a part ‘Eden Oxford Park’ of any other project or zone and shall not form a part of and/ or linked / combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee(s). It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottee Allottee(s) of the Building ComplexProject. The Vendor/ Developer Vendor agrees to pay all outgoings before transferring the physical possession of the Apartment apartment to the AllotteeAllottee(s), which it has collected from the AllotteeAllottee(s), for the payment of outgoings (including land cost, ground rent, municipal or the other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Developer Vendor fails to pay all or any of the outgoings collected by it from the Allottee Allottee(s) or any liability, mortgage loan and interest thereon before transferring the apartment to the AllotteeAllottees, the Vendor/ Developer Vendor agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. On or before the Effective Date, the Allottee The Allottee(s) has paid a sum of Rs /- (Rupees Only ) as booking amount being part payment towards the Total Price of the [Apartment] at the time of Application Money the receipt of which the Vendor hereby acknowledges and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee hereby Allottee(s) herby agrees to pay the remaining price of the Apartment [Apartment] as prescribed in the Payment Plan as may be demanded by the Vendor/ Developer Vendor within the time and the manner specified therein. : Provided that if the Allottee delays Allottee(s) delay in payment towards any amount for which is payable, he/she/they he shall be liable to pay interest at the rate prescribed rates specified in the rulesRules.

Appears in 1 contract

Samples: Sale Agreement

Explanation. i) The Total Consideration of Apartment Price above includes the booking amount paid by the Allottee Purchaser/Allotee to the Vendor/ Owner/Vendor No. 2/Developer towards the [Apartment]; said Flat/Unit. ii) The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove Price above includes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Owner/Vendor No. 2/Developer by way of G.S.T. GST and Cess or any other similar taxes taxes, which may be levied, in connection with the construction of the Project said Project/Apartment/Building payable by the Vendor/ Owner/Vendor No. 2/Developer, by whatever name called) called up to the date of handing over the possession of the apartment said Flat/Unit to the Purchaser/Allottee and the project said Project/Apartment/Building to the association Association of Allottee the Purchaser/Allottees or the, competent authoritythe Competent Authority, as the case may be, after obtaining the Completion Certificate: . Provided that in case there is any change / modification in the taxes, the subsequent amount-amount payable by the Purchaser/Allottee to the Vendor/ Owner/Vendor No. 2/Developer shall be increased/ increased/reduced based on such change / change/modification: . Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project said Project/Apartment/Building as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project Project/Apartment/ Building by the Authority, as per the Act, the same shall not be charged from the Purchaser/Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department . iii) The Vendor/ Owner/Vendor No. 2/Developer shall periodically intimate in writing to the Purchaser/Allottee, the amount payable as stated in (i) above and the Purchaser/Allottee shall make payment demanded by within 10 (ten) days from the Vendor/ Developer / Developer within the time and in the manner specified thereindate of such written intimation. In addition, the Vendor/ Owner/Vendor No. 2/Developer shall provide to the Allottee Allottee/Purchaser the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies levies, etc. have been imposed or become effective; be it noted that if the Purchaser/Allottee fails to honour the demand notice so issued within the time specified therein, The Owner/Vendor No. 2/Developer shall become entitled to charge interest on the particular due amount for the period of default @ % per annum. iv) The Total Price of Apartment the said Flat/Unit includes inter-alia recovery of price of land, construction of [not only the Apartment, Apartment but also the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. as mentioned in this Agreement and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project/Building. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove Price is escalation-free, save and except increases which the Purchaser/Allottee hereby agrees to pay pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Owner/Vendor No. 2/Developer undertakes and agrees that while raising a demand on the Purchaser/Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Owner/Vendor No. 2/Developer shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Purchaser/Allottee, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the said Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority authority as per the Act, the same shall not be charged from the Purchaser/Allottee. The Allottee(s) Purchaser/Allottee shall make the payment as per pr the payment plan set out in FIFTH SCHEDULE ("Payment Plan", more fully and particularly described in the FOURTH SCHEDULE hereunder written (hereinafter referred to as the ‘Payment Plan’). The Owner/Vendor No. 2/Developer may allow, in its sole discretion, a rebate for early payments of installments payable by the Purchaser/Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to the Purchaser/Allottee by the Owner/Vendor No. 2/ Developer. It is agreed that the Vendor/ Owner/Vendor No. 2/Developer shall not make any additions and alterations in the sanctioned plansSanctioned Plans, layout plans Layout Plans and specifications Specifications, other than what is permissible as per applicable law are annexed hereto and marked as Schedule – ‘B’ and the nature of fixtures, fittings and amenities described herein at amenities, are annexed hereto and marked as Schedule [D] – ‘C (which shall be in conformity with the advertisement, prospectus prospectus, etc. on the basis of which sale is effected) in respect of the Apartmentapartment, plot or Buildingbuilding, as the case may be, without the previous written consent of the Purchaser/Allottee as per the provisions of the Act: . Provided that the Vendor/ Owner/Vendor No. 2/Developer may make such minor additions or alterations as may be required by the Purchaser/Allottee, or such minor changes or alteration alterations as per the provisions of the act. There will be only One Common Main Gate Act on the payment of the said Building Complexextra charges. The Vendor/ Owner/Vendor No. 2/Developer shall confirm to the net area Final Carpet Area that has been allotted to the Purchaser/Allottee after the construction of the Building is complete and the Completion Certificate occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net areaCarpet Area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove price payable for the net area Carpet Area shall be recalculated upon confirmation by the Vendor/ Owner/Vendor No. 2/Developer. If there is reduction more than 2% in the net carpet area within the defined limit then the Vendor/ Owner/Vendor No. 2/Developer shall refund the excess money paid by Purchaser/Allottee within 45 90 (forty-fiveninety) daysdays with annual interest at the rate prescribed in the Rules from the date when such an excess amount was paid by the Purchaser/Allottee. If there is any increase in the carpet area, which is not more than 2 % in three percent of the Carpet Area carpet area of the said Flat/Unit, allotted to the Purchaser/Allottee, the Vendor/ Owner/Vendor No. 2/Developer may demand that from the Purchaser/Allottee as per the next milestone of the Payment PlanPlan as provided in the FOURTH SCHEDULE herein. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabovein above paragraph of this Agreement. In case of any dispute on Subject to paragraph 9.3 the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net areaOwner/Vendor No. The Vendor/ Xxxxxxxxx 2/Developer agrees and acknowledges, acknowledges the Purchaser/Allottee shall have the right to the Apartment said Flat/Unit as mentioned below: : (i) The Purchaser/Allottee shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; said Flat/Unit; (ii) The Purchaser/Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share / interest of the Purchaser/Allottee in the Common Areas is undivided and cannot be divided or separated, the Purchaser/Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee/Purchaser to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the Vendor/ Conforming Parties/ Owner/Vendor No. 2/Developer shall hand over handover the common areas to the Association of the Purchaser/Allottee after duly obtaining the Completion Certificate completion certificate from the competent authority as provided in the Act; (iii) That the computation of the price of the said Flat/Unit includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, etc. and includes cost for providing all other facilities amenities and specifications to be provided within the Apartment and the Project; but excludes the taxes and recurring common area maintenance charges. (iv) The Purchaser/Allottee has the right to visit the project site to assess the extent of development of the Project project and his Apartmentapartment/plot, as the case may be, upon giving prior intimation of 3 (three) days to be with the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts permission of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenitiesOwner/Vendor No. 2/Developer. . It is made clear by the Vendor/ Owner/Vendor No. 2/Developer and the Purchaser/Allottee agrees that the Apartment said Flat/Unit along with the Garage, if allotted, One garage/covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part ‘Eden Oxford Park’ of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Purchaser/Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Purchaser/Allottee of the Building Complexsaid Project. The Vendor/ Owner/Vendor No. 2/Developer agrees to pay all outgoings outgoing before transferring the physical possession of the Apartment said Flat/Unit to the Purchaser/Allottee, which it has collected from the AllotteePurchaser/Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the projectsaid Project). If the Vendor/ Developer / Owner/Vendor No. 2/Developer fails to pay all or any of the outgoings collected by it from the Allottee Purchaser/Allottees or any liability, mortgage loan and interest thereon before transferring the apartment said Flat/Unit to the AllotteePurchaser/Allottees, the Vendor/ Owner/Vendor No. 2/Developer agrees to be liable, even liable ever after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. On or before the Effective Date, the The Purchaser/Allottee has paid a sum of Rs.......................... (Rupees.............................................. only) as booking amount being part payment towards the Application Money Total Price of the said Flat/Unit at the time of application the receipt of which the Owner/Vendor No. 2/Developer hereby acknowledges and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Purchaser/Allottee hereby agrees to pay the remaining price of the Apartment said Flat/Unit as prescribed in the Payment Plan [FOURTH SCHEDULE] as may be demanded by the Vendor/ Owner/Vendor No. 2/Developer within the time and in the manner specified therein. : Provided that if the Purchaser/Allottee delays in payment towards any amount which is payable, he/she/they he shall be liable to pay interest at the rate prescribed in the rulesRules.

Appears in 1 contract

Samples: Sale Agreement

Explanation. 1.1 The Total Consideration of Apartment Price above includes the booking amount paid by the Allottee Allottee(s) to the Vendor/ Vendors/Developer towards the [Apartment]; Commercial Space; 1.2 The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Vendors/Developer has paid Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ Vendors/Developer, by whatever name called) up to upto the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion Certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount-payable by the Allottee to the Vendor/ Developer shall be increased/ reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department Commercial Space. 1.3 The Vendor/ Vendors/Developer shall periodically intimate in writing to the AllotteeAllottee(s), the amount payable as stated in (i1.1) above and the Allottee Allottee(s) shall make payment demanded by within 30 (Thirty) days from the Vendor/ Developer / Developer within the time and in the manner specified thereindate of such written intimation. In addition, the Vendor/ Vendors/Developer shall provide to the Allottee Allottee(s) the details of the taxes paid or demanded along with the actsActs/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; ; 1.4 The Total price of Commercial Space includes the Commercial Space as provided in this Agreement. The Total Price of Apartment includes inter-alia recovery of price of land, construction of the Apartment, the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove is escalation-escalation free, save and except increases which the Allottee Allottee(s) hereby agrees to pay pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority authority, from time to time. The Vendor/ Vendors/Developer undertakes and agrees that while raising a demand on the Allottee Allottee(s) for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Vendors/Developer shall enclose the said notification/order/rule/regulation notification/ order/ rules/ regulations to that effect along with the demand letter being issued to the AllotteeAllottee(s), which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. . 1.5 The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE - D ("Payment Plan"). It is agreed that the Vendor/ Vendors/Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) therein in respect of the Apartment, or Building, as the case may beCommercial Space, without the previous written consent of the Allottee as per the provisions of the Act: Allottee(s). Provided that the Vendor/ Vendors/Developer may make such minor additions or alterations as may be required by the AllotteeAllottee(s), or such minor changes or alteration alterations as per the provisions of the act. There will be only One Common Main Gate of the said Building ComplexAct. The Vendor/ Vendors/Developer shall confirm to the net area final Carpet Area that has been allotted to the Allottee Allottee(s) after the construction of the Building is complete and the Completion Certificate Occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net areaCarpet Area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove price payable for the net area Carpet Area shall be recalculated upon confirmation by the Vendor/ Vendors/Developer. If there is any reduction more than 2% in the net carpet area within the defined limit then the Vendor/ Vendors/Developer shall refund the excess money paid by Allottee Allottee(s) within 45 (forty-fiveForty Five) daysdays with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee(s). If there is any increase more than 2 % in the Carpet Area carpet area allotted to the AllotteeAllottee(s), the Vendor/ Vendors/Developer may shall demand that from the Allottee Allottee(s) as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case in Clause 1.2 of any dispute on this Agreement. 1.6 Subject to Clause 9.3 the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Vendors/Xxxxxxxxx agrees and acknowledges, the Allottee Allottee(s) shall have the right to the Apartment Commercial Space as mentioned below: : (i) The Allottee Allottee(s) shall have exclusive ownership rights of the Unit and Commercial Space. (ii) That the Car parking Spacecomputation of the price of the Commercial Space includes recovery of price of land, if specifically mentioned in construction of not only the Second Schedule; The Allottee shall Commercial Space but also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Vendor/ Conforming Parties/ Developer shall hand over the common areas to the Association of Allottee after duly obtaining the Completion Certificate from the competent authority as provided in the Act; The Allottee has the right to visit the project site to assess the extent of internal development of the Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment charges and external facade of the Building(s) and Common Areas including common facilities and amenitiesdevelopment charges. It is made clear by the Vendor/ Vendors/Developer and the Allottee Allottee(s) agrees that the Apartment along with the Garage, if allotted, Commercial Space shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part ‘Eden Oxford Park’ of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee(s). It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee Allottee(s) of the Building ComplexProject. It is understood by the Allottee(s) that all other area and i.e., areas and facilities falling outside the Project, namely “CROSSROADS” shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972. The Vendor/ Vendors/Developer agrees to pay all outgoings before transferring the physical possession of the Apartment Commercial Space to the AllotteeAllottee(s), which it has collected from the AllotteeAllottee(s), for the payment of outgoings (including land costground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Vendors/Developer fails to pay all or any of the outgoings collected by it from the Allottee Allottee(s) or any liability, mortgage loan and interest thereon before transferring the apartment Commercial Space to the AllotteeAllottee(s), the Vendor/ Vendors/Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. On or before the Effective Date, the Allottee The Allottee(s) has paid a sum of Rs. /- (Rupees Only) as booking amount being part payment towards the Application Money Total Price of the Commercial Space at the time of application the receipt of which the Vendors/Developer hereby acknowledges and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee Allottee(s) hereby agrees to pay the remaining price of the Apartment Commercial Space as prescribed in the Payment Plan as may be demanded by the Vendor/ Vendors/Developer within the time and in the manner specified therein. : Provided that if the Allottee Allottee(s) delays in payment towards any amount for which is payable, he/she/they shall be liable to pay interest at the rate prescribed specified in the rulesRules.

Appears in 1 contract

Samples: Sale Agreement

Explanation. The Total Consideration of Apartment above includes the booking amount paid by the Allottee to the Vendor/ Developer towards the [Apartment]; The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ Developer, by whatever name called) up to the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion Certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount-payable by the Allottee to the Vendor/ Developer shall be increased/ increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department The Vendor/ Developer shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Vendor/ Developer / Developer within the time and in the manner specified therein. In addition, the Vendor/ Developer shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; The Total Price of Apartment includes inter-alia recovery of price of land, construction of the Apartment, if any, the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove is escalation-free, save and except increases which the Allottee hereby agrees to pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Developer shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE ("Payment Plan"). It is agreed that the Vendor/ Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the Apartment, or Building, as the case may be, without the previous written consent of the Allottee as per the provisions of the Act: Provided that the Vendor/ Developer Vendor may make such minor additions or alterations as may be required by the Allottee, or such changes or alteration as per the provisions of the act. There will be only One Common Main Gate of the said Building Complex. The Vendor/ Developer shall confirm to the net area that has been allotted to the Allottee after the construction of the Building is complete and the Completion Certificate occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove payable for the net area shall be recalculated upon confirmation by the Vendor/ Developer. If there is reduction more than 2% in the net area then the Vendor/ Developer shall refund the excess money paid by Allottee within 45 (forty-five) days. If there is any increase more than 2 % in the Carpet Area allotted to the Allottee, the Vendor/ The Developer may mat demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case of any dispute on the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx Developer agrees and acknowledges, the Allottee shall have the right to the Apartment as mentioned below: The Allottee shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Vendor/ Conforming Parties/ Developer shall hand over the common areas to the Association of Allottee after duly obtaining the Completion Certificate from the competent authority as provided in the Act; The Allottee has the right to visit the project site to assess the extent of development of the Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer Developer. The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenities. It is made clear by the Vendor/ Developer and the Allottee agrees that the Apartment along with the Garage, if allotted, shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-self- contained Project covering the Land and is a part ‘Eden Oxford ParkRADHASHREE 30’ It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee of the Building ComplexProject. The Vendor/ Developer agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Developer fails to pay all or any of the outgoings collected by it from the Allottee or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottee, the Vendor/ Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. On or before the Effective Date, the Allottee has paid the Application Money money and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/ Developer within the time and the manner specified therein. Provided that if the Allottee delays in payment towards any amount which is payable, he/she/they he shall be liable to pay interest at the rate prescribed in the rules.

Appears in 1 contract

Samples: Sale Agreement

Explanation. The Total Consideration of Apartment above Price includes the booking amount paid by the Allottee Allottees to the Vendor/ Developer Promoter towards the [Apartment]; The Total Consideration of Apartment, Total Tax and Said Apartment And Appurtenances. In addition to the Total Extras & Deposits as mentioned hereinabove includes Taxes Price, the Allottees shall also bear and pay the taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer by way of G.S.T. GST, Service Tax, Value Added Tax and Cess all levies, duties and cesses or any other similar indirect taxes which may be levied, in connection with the construction of and carrying out the Real Estate Project and/or with respect to the Said Apartment And Appurtenances and/or this Agreement). It is clarified that all such taxes, levies, duties, cesses (whether applicable/payable now or which may become applicable/payable in future) including GST, Service Tax, Value Added Tax and all other indirect and direct taxes, duties and impositions applicable levied by the Vendor/ DeveloperCentral Government and/or the State Government and/or any local, by whatever name called) up public or statutory authorities/bodies on any amount payable under this Agreement and/or on the transaction contemplated herein and/or in relation to the date of handing over Said Apartment And Appurtenances, shall be borne and paid by the possession Allottees alone and the Promoter shall not be liable to bear or pay the same or any part thereof. It is further clarified that the price of the apartment Said Apartment And Appurtenances has been arrived after adjusting the GST input credit to be passed on the Allottee Allottees and Allottees shall not claim demand or dispute the project to the association of Allottee or thesame. Notwithstanding anything mentioned hereinabove, competent authority, as the case may be, after obtaining the Completion Certificate: Provided that in case there it is any change / modification in the taxes, the subsequent amount-payable by the Allottee to the Vendor/ Developer shall be increased/ reduced based on such change / modification: Provided further clarified that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project Real Estate Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project Real Estate Project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department Allottees. The Vendor/ Developer Promoter shall periodically intimate in writing to the AllotteeAllottees, the amount payable as stated in (i) above Schedule C below and the Allottee Allottees shall make payment demanded by the Vendor/ Developer / Developer Promoter within the time and in the manner specified therein. In addition, the Vendor/ Developer Promoter shall provide to the Allottee Allottees the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; . The Total Price of the Said Apartment And Appurtenances includes inter-alia recovery of price of land, construction of the Apartment, the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Said Apartment and the ProjectProject but excludes Taxes and maintenance charges. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove Price is escalation-free, save and except escalations/increases which the Allottee Allottees hereby agrees agree to pay due to increase on account of development charges payable to the competent authority authority/Local Bodies/Government and/or any other increase in charges which may be levied or imposed by the competent authority authority/Local Bodies/Government from time to time. The Vendor/ Developer Promoter undertakes and agrees that while raising a demand on the Allottee Allottees for increase in development charges, cost/charges imposed by the competent authoritiesauthority/Local Bodies/Government, the Vendor/ Developer Promoter shall enclose the said notification/notification/ order/rule/regulation regulation/demand, published/issued to that effect along with the demand letter being issued to the AllotteeAllottees, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the AllotteeAllottees. The Allottee(s) Allottees shall make the payment as per the payment plan set out in FIFTH SCHEDULE Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottees by discounting such early payments @ 6% per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottees by the Promoter. It is agreed that the Vendor/ Developer Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications (save and except finishing items, which may be altered/modified by the Promoter at its sole discretion) and the nature of fixtures, fittings and amenities described herein at Schedule ['D] ' and Schedule 'E' (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the Said Apartment, or Building, as the case may be, without the previous written consent of the Allottee Allottees as per the provisions of the Act: . Provided that the Vendor/ Developer Promoter may make such minor additions or alterations as may be required by the AllotteeAllottees, or such minor changes or alteration alterations as per the provisions of the actAct. There will be only One Common Main Gate The Promoter shall take prior approval of the said Building ComplexAllottees for extra charges, if any, as may be applicable for such addition alterations. The Vendor/ Developer Promoter shall confirm to the net final carpet area that has been allotted to the Allottee Allottees after the construction of the Said Building is complete and the Completion Certificate completion certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net carpet area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove price payable for the net carpet area shall be recalculated upon confirmation by the Vendor/ DeveloperPromoter. If there is reduction more than 2% in the net carpet area then the Vendor/ Developer Promoter shall refund the excess money paid by Allottee the Allottees within 45 (forty-five) daysfive days with annual interest at the rate prescribed in the Rules, from the date when such an excess amount was paid by the Allottees. If there is any increase in the carpet area, which is not more than 2 % in three percent of the Carpet Area carpet area of the apartment allotted to the AllotteeAllottees, the Vendor/ Developer may Promoter shall demand that additional amount from the Allottee as per Allottees towards the next milestone Total Price, which shall be payable by the Allottees prior to taking possession of the Payment PlanSaid Apartment. All these monetary adjustments It is clarified that the payments to be made by the Promoter/Allottees, as the case may be, under this Clause 1.7, shall be made at the same rate per square feet as agreed hereinabovein Clause 1.2 above. In case Subject to Clause 9.3 of any dispute on the measurement of the Net areathis Agreement, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx Promoter agrees and acknowledges, acknowledges that the Allottee Allottees shall have the right following rights to the Said Apartment as mentioned belowAnd Appurtenances: The Allottee Allottees shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; Said Apartment. The Allottee Allottees shall also have the right of use of undivided proportionate share in the rights Common Areas of the Common AreasReal Estate Project (described in Schedule E below). Since the share share/interest of Allottee the Allottees in the Common Areas of the Real Estate Project is undivided and cannot be divided or separated, the Allottee Allottees shall use the Common Areas of the Real Estate Project along with other occupants/allottees of the Project, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Vendor/ Conforming Parties/ Developer Promoter shall hand over the common areas Common Areas of the Real Estate Project (described in Schedule E below) to the Association association of Allottee allottees after duly obtaining the Completion Certificate completion certificate from the competent authority as provided in the Act; . The Allottee has computation of the price of the Said Apartment And Appurtenances includes recovery of price of land, construction of the Common Areas, internal development charges, external development charges and includes cost for providing all other facilities, amenities and specifications to be provided within the Said Apartment and the Project but excludes Taxes and maintenance charges. The Allottees have the right to visit the project Real Estate Project site to assess the extent of development of the Project and his Apartmentapartment, as the case may be, upon giving subject to prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts consent of the Apartment Project engineer and external facade of complying with all safety measures while visiting the Building(s) and Common Areas including common facilities and amenitiessite. It is made clear by the Vendor/ Developer Promoter and the Allottee agrees Allottees agree that the Said Apartment along with the Garage, if allotted, Said Parking Space shall be treated as a single indivisible unit for all purposes. It Save and except the scheme of development as mentioned in Recital I (including all its sub-clauses), it is agreed that the Real Estate Project is an independent, self-contained Project project covering the Land Project Property (described in Schedule A-2 below) and is not a part ‘Eden Oxford Park’ of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottees. It is clarified that the Project's facilities and amenities shall be available only for use and enjoyment of the Allottee of the Building Complexallottees as expressly mentioned in this Agreement. The Vendor/ Developer Promoter agrees to pay all outgoings before transferring the physical possession of the Apartment apartment to the AllotteeAllottees, which it has collected from the AllotteeAllottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the projectProject). If the Vendor/ Developer / Developer Promoter fails to pay all or any of the outgoings collected by it from the Allottee Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the AllotteeAllottees, the Vendor/ Developer Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. On or before The Allottees have paid a sum equivalent to 10 % (ten percent) of the Effective Datetotal price as booking amount being part payment towards the Total Price of the Said Apartment And Appurtenances which includes token amount/any advances paid at the time of application, the Allottee has paid receipt of which the Application Money Promoter hereby acknowledges and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee Allottees hereby agrees agree to pay the remaining price of the Said Apartment And Appurtenances as prescribed in the Payment Plan [specified in Schedule C] as may be demanded by the Vendor/ Developer Promoter within the time and in the manner specified therein. therein Provided that if the Allottee delays Allottees delay in payment towards any amount which is payable, he/she/they he shall be liable to pay interest at the rate prescribed in the rulesRules.

Appears in 1 contract

Samples: Sale Agreement

Explanation. 1.1 The Total Consideration of Apartment Price above includes the booking amount paid by the Allottee Allottee(s) to the Vendor/ Vendors/Developer towards the [Apartment]; ; 1.2 The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Taxes (consisting of tax paid or Price above excludes GST payable by the Vendor/ Purchaser and the Vendor/Developer / Developer by way of G.S.T. and Cess or any other similar shall pay their taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ Developer, by whatever name called) up to the date of handing over the possession possession/registration of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion CertificateApartment whichever is earlier: Provided that in case there is any change / change/modification in the taxes, the subsequent amount-amount payable by the Allottee Allottee(s) to the Vendor/ Vendors/Developer shall be increased/ increased/reduced based on such change / change/modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department ; 1.3 The Vendor/ Vendors/Developer shall periodically intimate in writing to the AllotteeAllottee(s), the amount payable as stated in (i1.1) above and the Allottee Allottee(s) shall make payment demanded by within 30 (Thirty) days from the Vendor/ Developer / Developer within the time and in the manner specified thereindate of such written intimation. In addition, the Vendor/ Vendors/Developer shall provide to the Allottee Allottee(s) the details of the taxes paid or demanded along with the actsActs/rules/notifications together with dates from which such taxes/levies etc. ., have been imposed or become effective; ; 1.4 The Total Price of the Apartment includes inter-alia recovery of price of land, construction of the Apartment, i) proportionate share in the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. ; and includes cost for providing all other facilities, amenities ii) Flat and specifications to be covered parking(s) as provided within in the Apartment and the ProjectAgreement. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove Price is escalation-escalation free, save and except increases which the Allottee Allottee(s) hereby agrees to pay pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority authority, from time to time. The Vendor/ Vendors/Developer undertakes and agrees that while raising a demand on the Allottee Allottee(s) for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Vendors/Developer shall enclose the said notification/order/rule/regulation notification/ order/ rules/ regulations to that effect along with the demand letter being issued to the AllotteeAllottee(s), which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. . 1.5 The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE Schedule ‘C’ ("Payment Plan"). It is agreed that the Vendor/ Vendors/Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) therein in respect of the Apartment, or Building, as with the case may be, without the previous written consent permission of the Allottee as per the provisions of the Act: concerned Authority. Provided that the Vendor/ Vendors/Developer may make such minor additions or alterations as may be required by the AllotteeAllottee(s), or such minor changes or alteration alterations as per the provisions of the actAct. There will be only One Common Main Gate of That the said Building ComplexVendor/Developer may apply for revised Plan without obtaining any permission from the Allotees. The Vendor/ Vendors/Developer shall confirm to the net final carpet area that has been allotted to the Allottee Allottee(s) after the construction of the Building is complete and the Completion Certificate is granted by the competent authoritycomplete, by furnishing details of the changes, if any, in the net areaCarpet Area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove price payable for the net area Carpet Area shall be recalculated upon confirmation by the Vendor/ Vendors/Developer. If there is any reduction more than 2% in the net area Carpet Area within the defined limit then the Vendor/ Vendors/Developer shall refund the excess money paid by Allottee Allottee(s) within 45 (forty-five) daysfive days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allotee(s). If there is any increase more than 2 % in the Carpet Area allotted to the AllotteeAllottee(s), the Vendor/ Vendors/Developer may shall demand that from the Allottee Allottee(s) as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case in Clause 1.2 of any dispute on this Agreement. 1.6 Subject to Clause 9.3 the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Vendors/Xxxxxxxxx agrees and acknowledges, the Allottee Allottee(s) shall have the right to the Apartment as mentioned below: : (i) The Allottee Allotee(s) shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; Apartment. (ii) The Allottee Allottee(s) shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share / interest of Allottee Allottee(s) in the Common Areas is undivided and cannot be divided or separated, the Allottee Allottee(s) shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee(s) to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the Vendor/ Conforming Parties/ Vendors/Developer shall hand over convey undivided proportionate title in the common areas to the Association association of Allottee after duly obtaining the Completion Certificate from the competent authority Allotee(s) as provided in the Act; The Allottee has ; (iii) That the right to visit the project site to assess the extent of development computation of the Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts price of the Apartment includes recovery of price of land, construction of not only the Apartment but also the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, in the common areas etc. and external facade of includes cost for providing all other facilities, as provided within the Building(s) and Common Areas including common facilities and amenitiesProject. It is made clear by the Vendor/ Vendors/Developer and the Allottee Allottee(s) agrees that the Apartment along with the Garage, if allotted, covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part ‘Eden Oxford Park’ of any other project or zone and shall not form a part of and/or linked/ combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee(s). It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee Allottee(s) of the Building ComplexProject. It is understood by the Allotee(s) that all other area and i.e., areas and facilities falling outside the Project, namely “BDS ETERNIA” shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972. The Vendor/ Developer Vendors/Xxxxxxxxx agrees to pay all outgoings before transferring the physical possession of the Apartment to the AllotteeAllottee(s), which it has collected from the AllotteeAllottee(s), for the payment of outgoings (including land cost, municipal ground rent, panchayat or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Vendors/Developer fails to pay all or any of the outgoings collected by it from the Allottee Allottee(s) or any liability, mortgage loan and interest thereon before transferring the apartment Apartment to the AllotteeAllottee(s), the Vendor/ Vendors/Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. On or before the Effective Date, the Allottee The Allottee(s) has paid a sum of Rs. /- (Rupees Only) as booking amount being part payment towards the Application Money Total Price of the Apartment at the time of application the receipt of which the Vendors/Developer hereby acknowledges and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee Allottee(s) hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/ Vendors/Developer within the time and in the manner specified therein. : Provided that if the Allottee Allottee(s) delays in payment towards any amount for which is payable, he/she/they shall be liable to pay interest at the rate prescribed specified in the rulesRules.

Appears in 1 contract

Samples: Agreement of Sale

Explanation. The Total Consideration Price of Apartment above includes the booking amount paid by the Allottee allottee to the Vendor/ Developer Promoter towards the [Apartment/Plot]; The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove Price includes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ Developer, by whatever name called) up to the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion Certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount-payable by the Allottee to the Vendor/ Developer shall be increased/ reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department The Vendor/ Developer shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Vendor/ Developer / Developer within the time and in the manner specified therein. In addition, the Vendor/ Developer shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; The Total Price of Apartment includes inter-alia interalia recovery of price of land, construction of the Apartment, if any, the Common Areas, internal development charges, external development charges, taxes, costs of providing electric wiring, electrical connectivity to the Apartment, lift, waterline and plumbing, finishing with paint, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment [Apartment/ Plot] and the Project. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove is TotalPriceis escalation-free, save and except increases which the Allottee hereby agrees to pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Developer Promoter shall enclose the said notification/order/rule/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE Schedule [C] ("Payment Plan"). The Promoter may allow, in its sole discretion a rebate for early payments of installments payable by the Allottee by discounting such early payments @ as decided by the Promoter and for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Vendor/ Developer Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the Apartment, or Building, as the case may be, without the previous written consent of the Allottee as per the provisions of the Act: Provided that the Vendor/ Developer Promoter may make such minor additions or alterations as may be required by the Allottee, or such changes or alteration alterations as per the provisions of the act. There will be only One Common Main Gate of the said Building ComplexAct. The Vendor/ Developer Promoter shall confirm to the net area that finalcarpet areathat has been allotted to the Allottee after the construction of the Building is complete and the Completion Certificate occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net carpet area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove payable Pricepayable for the net carpet area shall be recalculated upon confirmation by the Vendor/ DeveloperPromoter. If there is reduction more than 2% in the net carpet area then the Vendor/ Developer Promoter shall refund the excess money paid by Allottee within 45 (forty-five) daysdays with annual interest at the rate prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase more than 2 3% in the Carpet Area carpet area allotted to the Allottee, the Vendor/ Developer Promoter may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabovein Clause 1.2 of this Agreement. In case of any dispute on the measurement of the Net areaSubject to Clause 9.3, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment as mentioned below: The Allottee shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second ScheduleGarage; The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Vendor/ Conforming Parties/ Developer Promoter shall hand over the common areas to the Association of Allottee allottees after duly obtaining the Completion Certificate completion certificate from the competent authority as provided in the Act; That the Computation of the priceincludes interalia recovery of price of land, construction of the Apartment, if any, the Common Areas, internal development charges, external development charges, taxes, costs of providing electric wiring, electrical connectivity to the Apartment, lift, waterline and plumbing, finishing with paint, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/ Plot] and the Project. The Allottee has the right to visit the project site to assess the extent of development of the Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenities. It is made clear by the Vendor/ Developer Promoter and the Allottee agrees that the Apartment along with the Garage, if allotted, Garage shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the Land and is not a part ‘Eden Oxford Park’ of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee allottees of the Building ComplexProject. The Vendor/ Developer Promoter agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allotteeallottees, which it has collected from the Allotteeallottees, for the payment of outgoings (including land cost, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Developer Promoter fails to pay all or any of the outgoings collected by it from the Allottee Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allotteeallottees, the Vendor/ Developer Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. On or before the Effective Date, the The Allottee has paid the Application Money and a sum of Rs. ___/- (Rupees _____________ only) as the Booking Amount, morefully mentioned in at the ‘Memo time of Consideration’ hereunder. The Booking Amount forms part application, the receipt of which the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan (Schedule C) as may be demanded by the Vendor/ Developer Promoter within the time and in the manner specified therein. : Provided that if the Allottee delays in payment towards any amount which is payable, he/she/they he shall be liable to pay interest at the rate prescribed in the rulesRules.

Appears in 1 contract

Samples: Sale Agreement

Explanation. (i) The Total Consideration of Apartment consideration amount above includes the booking amount paid by the Allottee Purchaser/s to the Vendor/ Developer Vendors / Confirming Party towards the [Apartment]; Schedule-B property. (ii) The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction consideration amount of the Project payable by the Vendor/ Developer, by whatever name calledSchedule-B property is exclusive of Taxes. (iii) up to the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion Certificate: Provided that in case there is any change The Vendors / modification in the taxes, the subsequent amount-payable by the Allottee to the Vendor/ Developer shall be increased/ reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department The Vendor/ Developer Confirming Party shall periodically intimate in writing to the AllotteePurchaser/s, the amount payable as stated in (i) above and the Allottee Purchaser/s shall make payment demanded by the Vendor/ Developer Vendors / Developer Confirming Party within the time and in the manner specified therein. In addition, the Vendor/ Developer shall provide to the Allottee the details . (iv) The consideration amount of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; The Total Price of Apartment Schedule-B property includes inter-alia recovery of price of landland (proportionate share), construction of not only the Apartment, Schedule-B property but also the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. lift, water line and plumbing, finishing with POP, tiles, doors, windows, fire detection and firefighting equipment in the common areas, and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the ProjectBuilding Complex. The Total Purchaser/s shall be liable to pay the charges and expenses incurred towards the electrical infrastructure of the Schedule-B property as raised by the Vendors / Confirming Party. 1.2 The consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove amount is escalation-free, save and except increases which the Allottee Purchaser/s hereby agrees to pay due to increase increases on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer Vendors / Confirming Party undertakes and agrees that while raising a demand on the Allottee Purchaser/s for increase in development charges, cost/charges imposed by the competent authoritiesauthority, the Vendor/ Developer Vendors / Confirming Party shall enclose the said notificationnotifications/order/rule/regulation rule regulations to that the effect along with the demand letter being issued to the AllotteePurchaser/s, which shall only be applicable on subsequent payments. Provided that if there is any new imposition impositions or increase of any development charges after the expiry of the scheduled date of completion of the Project project as per registration registrations with the Authority, which shall include the extension of registration, if any, granted to the said Project project by the Authority authority as per the Act, the same shall not be charged from the Allottee. The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE ("Payment Plan"). Purchaser/s. 1.3 It is agreed that the Vendor/ Developer Vendors / Confirming Party shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities (described herein at Schedule [D] (which shall be in conformity Schedule-C and Schedule-D given hereinbelow) with respect to the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the Apartment, or Building, as the case may beSchedule-B Property, without the previous written consent of the Allottee Purchaser/s as per the provisions of the Act: . 1.4 Provided that the Vendor/ Developer Vendors / Confirming Party may make such minor additions or alterations as may be required by the Allottee, Purchaser/s or such minor changes or alteration alterations as per the provisions of the act. There will be only One Common Main Gate of the said Building Complex. Act. 1.5 The Vendor/ Developer shall confirm to the net area that has been allotted to the Allottee after the construction of the Building is complete and the Completion Certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove payable for the net area shall be recalculated upon confirmation by the Vendor/ Developer. If there is reduction more than 2% in the net area then the Vendor/ Developer shall refund the excess money paid by Allottee within 45 (forty-five) days. If there is any increase more than 2 % in the Carpet Area allotted to the Allottee, the Vendor/ Developer may demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case of any dispute on the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Vendors / Confirming Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx agrees and acknowledges, acknowledges that the Allottee Purchaser/s shall have the right to the Apartment Schedule-B property as mentioned below: : (i) The Allottee Purchaser/s shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; -B property; (ii) The Allottee Purchaser/s shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., occupants without causing any inconvenience or hindrance to them. It , it is clarified that the Vendor/ Conforming Parties/ Developer Vendors / Confirming Party shall hand over the common areas to the Association of Allottee Purchasers on its formation after duly obtaining applying for the Completion Certificate from completion certificate to the competent authority as provided in the Act; ; (iii) That the computations of the consideration amount of the Schedule-B property includes recovery of price of land, construction of the Schedule-B property, the Common Areas, internal development charges, external development charges, taxes, lift, water line and plumbing, finishing with paint marbles, tiles, doors, window, fire detection and firefighting equipment in the common areas and includes cost for providing all other facilities, amenities and specifications to be provided within the Schedule-B property and the project; (iv) The Allottee has Purchaser/s has/have the right to visit the project site to assess the extent of development of the Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenities. project. 1.6 It is has been made clear by the Vendor/ Developer and Vendors / Confirming Party to the Allottee agrees Purchaser/s that the Apartment along with the Garage, if allotted, Schedule-B property shall be treated as a single indivisible unit for all purposespurpose. It is agreed that the Project project is an independent, self-contained Project project covering the Land said land and is not a part ‘Eden Oxford Park’ of any other project or zone and shall not form a part of any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Purchaser/s. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottee of the Building Complex. Purchaser/s. 1.7 The Vendor/ Developer Vendors / Confirming Party agrees to pay all outgoings outgoing before transferring the physical possession of the Apartment Schedule-B property to the AllotteePurchaser/s, which they/it has has/have collected from the AllotteePurchaser/s, for the payment of outgoings (( including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks bank and financial institutions, which are related to the project). If the Vendor/ Developer Vendors / Developer Confirming Party fails to pay all or any of the outgoings collected by it from the Allottee Purchaser/s, or any liability, mortgage loan and interest thereon before transferring the apartment Schedule-B property to the AllotteePurchaser/s, then the Vendor/ Developer agrees to Vendors / Confirming Party shall be liable, even after the transfer of the property, to pay such outgoings outgoing and penal charges, if any, to the authority or person to whom they they/it are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. 1.8 That in pursuance of the aforesaid offer, acceptance and agreement the Purchaser/s has already paid to the Vendors / Confirming Party a sum of Rs. On or before the Effective Date.00 ( Rupees ) only, by Cheque, bearing No. , Dated , drawn on , exclusive of G.S.T., as xxxxxxx/baina money, the Allottee has receipt of which the Vendors/Confirming Party do hereby acknowledge by execution of these presents. 1.9 That the balance amount shall be paid as particularly described in the Application Money Schedule-E given hereinbelow. 1.10 That the Vendors / Confirming Party shall handover the Schedule-B property to the Purchaser/s after completion, which shall be completed within 1 (one) year from the date of execution of these presents and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part registration of the Total Consideration of Apartment, Total Tax and same shall be executed by the Total Extras and Deposits as mentioned hereinabove and the Allottee hereby agrees to pay the remaining price Vendors in favour of the Apartment as prescribed in Purchaser/s simultaneously after receiving full and final payment, along with the Payment Plan G.S.T as may be demanded by the Vendor/ Developer within the time and the manner specified therein. Provided that if the Allottee delays in payment towards any amount which is payable, he/she/they shall be liable to pay interest applicable at the rate prescribed in the rulesrelevant time.

Appears in 1 contract

Samples: Agreement to Sell

Explanation. 1.1 The Total Consideration of Apartment Price above includes the booking amount paid by the Allottee Allottee(s) to the Vendor/ Vendors/Developer towards the [Apartment]; Flat & Parking(s); 1.2 The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Price above excludes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer by way of G.S.T. Vendors/Developer, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ Vendors/Developer, by whatever name called) up to the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion Certificate: Flat & Parking(s): Provided that in case there is any change / change/modification in the taxes, the subsequent amount-amount payable by the Allottee Allottee(s) to the Vendor/ Vendors/Developer shall be increased/ increased/reduced based on such change / change/modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department ; 1.3 The Vendor/ Vendors/Developer shall periodically intimate in writing to the AllotteeAllottee(s), the amount payable as stated in (i1.1) above and the Allottee Allottee(s) shall make payment demanded by within 30 (thirty) days from the Vendor/ Developer / Developer within the time and in the manner specified thereindate of such written intimation. In addition, the Vendor/ Vendors/Developer shall provide to the Allottee Allottee(s) the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; ; 1.4 The Total Price of Apartment includes inter-alia recovery of price of land, construction of the Apartment, Flat & Parking(s) includes: 1) proportionate share in the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be ; and2) Flat & Parking(s) as provided within in the Apartment and the ProjectAgreement. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove Price is escalation-free, save and except increases which the Allottee Allottee(s) hereby agrees to pay pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Vendors/Developer undertakes under takes and agrees that while raising a demand on the Allottee Allottee(s) for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Vendors/Developer shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the AllotteeAllottee(s) , which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. . 1.5 The Allottee(s) (s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE Schedule C ("Payment Plan"). It is agreed that the Vendor/ Vendors/Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) there in respect of the Apartment, or Building, as the case may beFlat & Parking, without the previous written consent of the Allottee as per the provisions of the Act: Allottee(s). Provided that the Vendor/ Vendors/Developer may make such minor additions or alterations as may be required by the AllotteeAllottee(s), or such minor changes or alteration alterations as per the provisions of the act. There will be only One Common Main Gate of the said Building Complex. Act. 1.6 The Vendor/ Vendors/Developer shall confirm to the net final carpet area that has been allotted to the Allottee Allottee(s) after the construction of the Building is complete and the Completion Certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net carpet area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove price payable for the net carpet area shall be recalculated upon confirmation by the Vendor/ Vendors/Developer. If there is any reduction more than 2% in the net carpet area within the defined limit then the Vendor/ Vendors/Developer shall refund the excess money paid by Allottee within 45 (forty-fiveAllottee(s) days. If .If there is any increase more than 2 % in the Carpet Area carpet area allotted to the AllotteeAllottee(s), the Vendor/ Vendors/Developer may shall demand that from the Allottee Allottee(s) as per the next then extra milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case in Clause 1.2 of any dispute on this Agreement. 1.7 Subject to Clause 9.3 the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Vendors/Xxxxxxxxx agrees and acknowledges, the Allottee Allottee(s) shall have the right to the Apartment Flat & Parking as mentioned below: The Allottee Allottee(s) shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; Flat & Parking. The Allottee Allottee(s) shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share / interest of Allottee Allottee(s) in the Common Areas is undivided and cannot be divided or separated, the Allottee Allottee(s) shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee(s) to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the Vendor/ Conforming Parties/ Vendors/Developer shall hand over convey undivided proportionate title in the common areas to the Association association of Allottee after duly obtaining the Completion Certificate from the competent authority Allottee(s) as provided in the Act; The Allottee has That the right to visit the project site to assess the extent of development computation of the Project price of the Flat & Parking includes recovery of price of land, construction of [not only the Flat & Parking but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification firefighting equipment in the layouts of common areas etc. and includes cost for providing all other facilities as provided within the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenitiesProject. It is made clear by the Vendor/ Vendors/Developer and the Allottee Allottee(s) agrees that the Apartment along with the Garage, if allotted, Flat & Parking shall be treated as a single indivisible in divisible unit for all purposes. It is agreed that the Project is an independentinsane dependent, self-contained Project covering the said Land and is not a part ‘Eden Oxford Park’ It of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee(s) .It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee Allottee(s) of the Building ComplexProject. It is understood by the Allottee(s) that all other areas and i.e. areas and facilities falling outside the Project, shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972. The Vendor/ Vendors/Developer agrees to pay all outgoings out goings before transferring the physical possession of the Apartment Flat & Parking to the AllotteeAllottee(s) , which it has collected from the AllotteeAllottee(s) , for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Vendors/Developer fails to pay all or any of the outgoings collected by it from the Allottee Allottee(s) or any liability, mortgage loan and interest thereon before transferring the apartment Flat & Parking to the AllotteeAllottee(s) , the Vendor/ Vendors/Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. On or before the Effective Date, the Allottee The Allottee(s) has paid the Application Money and the Booking Amount, morefully mentioned in the ‘Memo a sum of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/ Developer within the time and the manner specified therein. Provided that if the Allottee delays in payment towards any amount which is payable, he/she/they shall be liable to pay interest at the rate prescribed in the rules.Rs .................../-(Rupees ..................................

Appears in 1 contract

Samples: Sale Agreement

Explanation. The Total Consideration of Apartment above includes the booking amount paid by the Allottee to the Vendor/ Developer towards the [Apartment]); The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Taxes excludes GST, (consisting of tax paid or payable by the Vendor/ Developer / Developer by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ Developer, by whatever name called) up to the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion Certificate: Certificate Provided that in case there is any change / modification in the taxes, the subsequent amount-payable by the Allottee to the Vendor/ Developer shall be increased/ reduced based on such change / change/ modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the AllotteeAllonee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department The Vendor/ Developer shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Vendor/ Developer / Developer within the time and in the manner specified therein. In addition, the Vendor/ Vendor Developer shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effectivedemanded; The Total Price of Apartment includes inter-alia recovery of price of land, construction of the Apartment, the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove is escalation-free, save and except increases which the Allottee hereby agrees to pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Developer shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE 'C' ("Payment Plan"). ) It is agreed that the Vendor/ Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] hereunder (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the Apartment, or Building, as the case may be, without the previous written consent of the Allottee as per the provisions of the Act: Provided that the Vendor/ Developer may make such minor additions or alterations as may be required by the Allottee, or such changes or alteration as per the provisions of the act. There will be only One Common Main Gate of the said Building Complex. The Vendor/ Developer shall confirm to the net area that has been allotted to the Allottee after the construction of the Building is complete and the Completion Certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove payable for the net area shall be recalculated upon confirmation by the Vendor/ Developer. If there is reduction more than 2% in the net area then the Vendor/ Developer shall refund the excess money paid by Allottee within 45 (forty-five) days. If there is any increase more than 2 % in the Carpet Area allotted to the Allottee, the Vendor/ Developer may demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case of any dispute on the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx agrees and acknowledges, the Allottee shall have the right to the Apartment as mentioned below: The Allottee shall have exclusive ownership rights of the Unit and the Car parking Covered Parking Space, if specifically mentioned in the Second Schedule; The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Vendor/ Conforming Parties/ Parties Developer shall hand over the common areas to the Association of Allottee after duly obtaining the Completion Certificate from the competent authority as provided in the Act; , The Allottee has the right to visit the project site to assess the extent of development of the Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenities. It is made clear by the Vendor/ Developer and the Allottee agrees that the Apartment along with the GarageCovered Parking Space, if allottedalloted, shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, . self-contained Project covering the Land and is a part ‘Eden Oxford ParkBASURI’ It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee of the Building ComplexBuilding. The Vendor/ Developer Vendor / Xxxxxxxxx agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, . municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Developer fails to pay all or any of the outgoings collected by it from the Allottee Allotice or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottee, the Vendor/ Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. On or before the Effective Date, the Allottee has paid the Application Money and the Booking Amount, morefully mentioned in the 'Memo of Consideration' hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/ Developer within the time and the manner specified therein. Provided that if the Allottee delays in payment towards any amount which is payable, he/she/they shall be liable to pay interest at the rate prescribed in the rules.

Appears in 1 contract

Samples: Sale Agreement

Explanation. 1.1 The Total Consideration of Apartment Price above includes the booking amount paid by the Allottee Allottee(s) to the Vendor/ Developer Vendors/Confirming Party towards the [Apartment]; Commercial Space; 1.2 The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Price above excludes Taxes (consisting of panchayat tax and Khajna paid or payable by the Vendor/ Developer / Developer by way of G.S.T. and Cess or any other similar taxes which may be levied, Vendors/Confirming Party in connection with the construction of the Project payable by the Vendor/ Developer, by whatever name calledVendors/Confirming Party) up to the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion Certificate: Commercial Space. Provided that in case there is any change / change/modification in the taxes, the subsequent amount-amount payable by the Allottee Allottee(s) to the Vendor/ Developer Vendors/Confirming Party shall be increased/ increased/reduced based on such change / change/modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department ; 1.3 The Vendor/ Developer Vendors/Confirming Party shall periodically intimate in writing to the AllotteeAllottee(s), the amount payable as stated in (i1.1) above and the Allottee Allottee(s) shall make payment demanded by within 30 (Thirty) days from the Vendor/ Developer / Developer within the time and in the manner specified thereindate of such written intimation. In addition, the Vendor/ Developer Vendors/Confirming Party shall provide to the Allottee Allottee(s) the details of the taxes paid or demanded along with the actsActs/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; ; 1.4 The Total price of Commercial Space includes the Commercial Space as provided in this Agreement. The Total Price of Apartment includes inter-alia recovery of price of land, construction of the Apartment, the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove is escalation-escalation free, save and except increases which the Allottee Allottee(s) hereby agrees to pay pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority authority, from time to time. The Vendor/ Developer Vendors/Confirming Party undertakes and agrees that while raising a demand on the Allottee Allottee(s) for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Developer Vendors/Confirming Party shall enclose the said notification/order/rule/regulation notification/ order/ rules/ regulations to that effect along with the demand letter being issued to the AllotteeAllottee(s), which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. . 1.5 The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE Schedule ‘C’ ("Payment Plan"). It is agreed that the Vendor/ Developer Vendors/Confirming Party shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) therein in respect of the ApartmentCommercial Space, or Building, as with the case may be, without the previous written consent permission of the Allottee as per the provisions of the Act: concerned Authority. Provided that the Vendor/ Developer Vendors/Confirming Party may make such minor additions or alterations as may be required by the AllotteeAllottee(s), or such minor changes or alteration alterations as per the provisions of the act. There will be only One Common Main Gate of the said Building ComplexAct. The Vendor/ Developer Vendors/Confirming Party shall confirm to the net final carpet area that has been allotted to the Allottee Allottee(s) after the construction of the Building is complete and the Completion Certificate is granted by the competent authoritycomplete, by furnishing details of the changes, if any, in the net carpet area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove price payable for the net carpet area shall be recalculated upon confirmation by the Vendor/ DeveloperVendors/Confirming Party. If there is any reduction more than 2% in the net carpet area within the defined limit then the Vendor/ Developer Vendors/Confirming Party shall refund the excess money paid by Allottee Allottee(s) within 45 (forty-fiveForty Five) daysdays with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allotee(s). If there is any increase more than 2 % in the Carpet Area carpet area allotted to the AllotteeAllottee(s), the Vendor/ Developer may Vendors/Confirming Party shall demand that from the Allottee Allottee(s) as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case in Clause 1.2 of any dispute on this Agreement. 1.6 Subject to Clause 9.3 the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Vendors/Confirming Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx agrees and acknowledges, the Allottee Allottee(s) shall have the right to the Apartment Commercial Space as mentioned below: : (i) The Allottee Allottee(s) shall have exclusive ownership rights of the Unit and Commercial Space. (ii) That the Car parking Space, if specifically mentioned in the Second Schedule; The Allottee shall also have the right of use of undivided proportionate share in the rights computation of the Common Areasprice of the Commercial Space includes recovery of price of land, construction of not only the Commercial Space but also the internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment etc. Since the share interest of Allottee in the Common Areas is undivided and cannot be divided or separatedincludes cost for providing all other facilities, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Vendor/ Conforming Parties/ Developer shall hand over the common areas to the Association of Allottee after duly obtaining the Completion Certificate from the competent authority as provided in within the Act; The Allottee has the right to visit the project site to assess the extent of development of the Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenitiesProject. It is made clear by the Vendor/ Developer Vendors/Confirming Party and the Allottee Allottee(s) agrees that the Apartment along with the Garage, if allotted, Commercial Space shall be treated as a single indivisible unit for all purposes. It is agreed understood by the Allottee(s) that all other area and i.e., areas and facilities falling outside the Project is an independentProject, self-contained Project covering the Land and is namely “BDS ETERNIA” shall not form a part ‘Eden Oxford Park’ It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee of declaration to be filed with the Building ComplexCompetent Authority in accordance with the West Bengal Apartment Ownership Act, 1972. The Vendor/ Developer Vendors/Confirming Party agrees to pay all outgoings before transferring the physical possession of the Apartment Commercial Space to the AllotteeAllottee(s), which it has collected from the AllotteeAllottee(s), for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Developer Vendors/Confirming Party fails to pay all or any of the outgoings collected by it from the Allottee Allottee(s) or any liability, mortgage loan and interest thereon before transferring the apartment Commercial Space to the AllotteeAllottee(s), the Vendor/ Developer Vendors/Confirming Party agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. On or before the Effective Date, the Allottee has The Allottee(s) has/have paid the Application Money and the Booking Amount, morefully mentioned in the ‘Memo a sum of Consideration’ hereunderRs. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/ Developer within the time and the manner specified therein. _ /- (Rupees Provided that if the Allottee Allottee(s) delays in payment towards any amount for which is payable, he/she/they shall be liable to pay interest at the rate prescribed specified in the rulesRules.

Appears in 1 contract

Samples: Sale Agreement

Explanation. (i) The Total Consideration of Apartment Price above includes the booking amount paid by the Allottee allottee to the Vendor/ Developer VENDOR/DEVELOPER towards the [Apartment]; Flat/Parking; (ii) The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Price above excludes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer VENDOR/DEVELOPER by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ DeveloperVENDOR/DEVELOPER, by whatever name called) up to the date of handing over the possession of the apartment Flat/Parking to the Allottee allottee and the project to the association Association of Allottee Allottees or the, the competent authority, as the case may be, after obtaining the Completion Certificate: completion certificate; Provided that in case there is any change / modification in the taxes, the subsequent amount-amount payable by the Allottee allottee to the Vendor/ Developer VENDOR/DEVELOPER shall be increased/ increased/reduced based on such change / modification: ; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department allottee; (iii) The Vendor/ Developer VENDOR/DEVELOPER shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Vendor/ Developer / Developer VENDOR/DEVELOPER within the time and in the manner specified therein. In addition, the Vendor/ Developer VENDOR/DEVELOPER shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; ; (iv) The Total Price of Apartment Flat/Parking includes inter-alia recovery of price of land, construction of [not only the Apartment, Flat/Parking but also] the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. cost of providing electric wiring, electrical connectivity to the Flat,4 Passengers Manual Elevator with Collapsible Gate, water line and plumbing, finishing with out side paint, Vitrified Tiles in Drawing Room , Vitrified tiles in Bed Room, & Anti Skid Ceramic Tiles in the Bathroom , Wooden Frame with Flush doors, Aluminium/Sliding Windows with Glass Panel and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment Flat/Parking and the Project. ; 1.3 The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove Price is escalation-free, save and except increases which the Allottee hereby agrees to pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer VENDOR/DEVELOPER undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/cost/ charges imposed by the competent authorities, the Vendor/ Developer VENDOR/DEVELOPER shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project project by the Authority as per the Act, the same shall not be charged from the Allottee. . 1.4 The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE Schedule C ("Payment Plan"). 1.5 The VENDOR/DEVELOPER may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @—% per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the VENDOR/DEVELOPER. 1.6 It is agreed that the Vendor/ Developer VENDOR/DEVELOPER shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule ['D] ' and Schedule 'E' (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the Apartment, Flat or Buildingbuilding, as the case may be, without the previous written consent of the Allottee as per the provisions of the Act: . Provided that the Vendor/ Developer VENDOR/DEVELOPER may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alteration alterations as per the provisions of the act. There will be only One Common Main Gate of the said Building Complex. The Vendor/ Developer Act. 1.7 VENDOR/DEVELOPER shall confirm to the net final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the Completion Certificate occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net carpet area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove price payable for the net carpet area shall be recalculated upon confirmation by the Vendor/ Developer. VENDOR/DEVELOPER, If there is reduction more than 2% in the net carpet area then the Vendor/ Developer VENDOR/DEVELOPER shall refund the excess money paid by Allottee within 45 (forty-five) daysforty five days with annual interest at the rate prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than 2 % in three percent of the Carpet Area carpet area of the apartment, allotted to the Allottee, the Vendor/ Developer VENDOR/DEVELOPER may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case in para 1.2 of any dispute on this Agreement. 1.8 Subject to Para 9.3 the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx VENDOR/DEVELOPER agrees and acknowledges, the Allottee shall have the right to the Apartment Flat/Parking as mentioned below: : (i) The Allottee shall have exclusive ownership rights of Flat/Parking no-------- Block no--- ---of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; said building; (ii) The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share interest of or the Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. , It is clarified that the Vendor/ Conforming Parties/ Developer VENDOR/DEVELOPER shall hand over the common areas to the Association association of Allottee allottees after duly obtaining the Completion Certificate completion certificate from the competent authority as provided in the Act; (iii) That the computation of the price of Flat/Parking no-------- Block no of the said building; includes recovery of price of land, construction of [not only the Flat/Parking but also] the Common Areas, internal development charges, external development charges, cost of providing electric wiring, electrical connectivity to the apartment, 4 Passengers Manual Elevator with Collapsible Gate, water line and plumbing, finishing with out side paint, Vitrified Tiles in Drawing Room ,Vitrified tiles in Bed Room, & Anti Skid Ceramic Tiles in the Bathroom , Wooden Frame with Flush doors, Aluminium/Sliding Windows with Glass Panel and includes cost for providing all other facilities, amenities and specifications to be provided within the [Flat/Parking] and the Project; (iv) The Allottee has the right to visit the project site to assess the extent of development of the Project project and his ApartmentFlat/Parking, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenities. It is made clear by the Vendor/ Developer and the Allottee agrees that the Apartment along with the Garage, if allotted, shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the Land and is a part ‘Eden Oxford Park’ It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee of the Building Complex. The Vendor/ Developer agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Developer fails to pay all or any of the outgoings collected by it from the Allottee or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottee, the Vendor/ Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. On or before the Effective Date, the Allottee has paid the Application Money and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/ Developer within the time and the manner specified therein. Provided that if the Allottee delays in payment towards any amount which is payable, he/she/they shall be liable to pay interest at the rate prescribed in the rules.

Appears in 1 contract

Samples: Agreement for Sale

AutoNDA by SimpleDocs

Explanation. The Total Consideration of Apartment above includes the booking amount paid by the Allottee to the Vendor/ Developer towards the [Apartment]); The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Taxes excludes GST, (consisting of tax paid or payable by the Vendor/ Developer / Developer by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ Developer, by whatever name called) up to the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion Certificate: Certificate Provided that in case there is any change / modification in the taxes, the subsequent amount-payable by the Allottee to the Vendor/ Developer shall be increased/ reduced based on such change / change/ modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the AllotteeAllonee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department The Vendor/ Developer shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Vendor/ Developer / Developer within the time and in the manner specified therein. In addition, the Vendor/ Vendor Developer shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effectivedemanded; The Total Price of Apartment includes inter-alia recovery of price of land, construction of the Apartment, the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project. deduction. If such deposit of TDS is not made by the Allottee(s) to the concerned authority or proper evidence thereof is not provided to the Vendor/ Developer, then the same shall be treated as default on the part of the Allottce under this agreement and the amount thereof shall be treated as outstanding. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove is escalation-free, save and except increases which the Allottee hereby agrees to pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Developer shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE 'C' ("Payment Plan"). ) It is agreed that the Vendor/ Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] hereunder (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the Apartment, or Building, as the case may be, without the previous written consent of the Allottee as per the provisions of the Act: Provided that the Vendor/ Developer may make such minor additions or alterations as may be required by the Allottee, or such changes or alteration as per the provisions of the act. There will be only One Common Main Gate of the said Building Complex. The Vendor/ Developer shall confirm to the net area that has been allotted to the Allottee after the construction of the Building is complete and the Completion Certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove payable for the net area shall be recalculated upon confirmation by the Vendor/ Developer. If there is reduction more than 2% in the net area then the Vendor/ Developer shall refund the excess money paid by Allottee within 45 (forty-five) days. If there is any increase more than 2 % in the Carpet Area allotted to the Allottee, the Vendor/ Developer may demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case of any dispute on the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx agrees and acknowledges, the Allottee shall have the right to the Apartment as mentioned below: The Allottee shall have exclusive ownership rights of the Unit and the Car parking Covered Parking Space, if specifically mentioned in the Second Schedule; The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Vendor/ Conforming Parties/ Parties Developer shall hand over the common areas to the Association of Allottee after duly obtaining the Completion Certificate from the competent authority as provided in the Act; , The Allottee has the right to visit the project site to assess the extent of development of the Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenities. It is made clear by the Vendor/ Developer and the Allottee agrees that the Apartment along with the GarageCovered Parking Space, if allottedalloted, shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, . self-contained Project covering the Land and is a part ‘Eden Oxford Park’ 'XXXXXXX' It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee of the Building ComplexBuilding. The Vendor/ Developer Vendor / Xxxxxxxxx agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, . municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Developer fails to pay all or any of the outgoings collected by it from the Allottee Allotice or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottee, the Vendor/ Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. On or before the Effective Date, the Allottee has paid the Application Money and the Booking Amount, morefully mentioned in the 'Memo of Consideration' hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/ Developer within the time and the manner specified therein. Provided that if the Allottee delays in payment towards any amount which is payable, he/she/they shall be liable to pay interest at the rate prescribed in the rules.

Appears in 1 contract

Samples: Sale Agreement

Explanation. The Total Consideration of Apartment above includes the booking amount paid by the Allottee to the Vendor/ Developer towards the [Apartment]; The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ Developer, by whatever name called) up to the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion Certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount-payable by the Allottee to the Vendor/ Developer shall be increased/ increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department The Vendor/ Developer shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Vendor/ Developer / Developer within the time and in the manner specified therein. In addition, the Vendor/ Developer shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; The Total Price of Apartment includes inter-alia recovery of price of land, construction of the Apartment, if any, the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove is escalation-free, save and except increases which the Allottee hereby agrees to pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Developer shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE ("Payment Plan"). It is agreed that the Vendor/ Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the Apartment, or Building, as the case may be, without the previous written consent of the Allottee as per the provisions of the Act: Provided that the Vendor/ Developer may make such minor additions or alterations as may be required by the Allottee, or such changes or alteration as per the provisions of the act. There will be only One Common Main Gate of the said Building Complex. The Vendor/ Developer shall confirm to the net area that has been allotted to the Allottee after the construction of the Building is complete and the Completion Certificate occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove payable for the net area shall be recalculated upon confirmation by the Vendor/ Developer. If there is reduction more than 2% in the net area then the Vendor/ Developer shall refund the excess money paid by Allottee within 45 (forty-five) days. If there is any increase more than 2 % in the Carpet Area allotted to the Allottee, the Vendor/ The Developer may mat demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case of any dispute on the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx Developer agrees and acknowledges, the Allottee shall have the right to the Apartment as mentioned below: The Allottee shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Vendor/ Conforming Parties/ Developer shall hand over the common areas to the Association of Allottee after duly obtaining the Completion Certificate from the competent authority as provided in the Act; The Allottee has the right to visit the project site to assess the extent of development of the Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer Developer. The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenities. It is made clear by the Vendor/ Developer and the Allottee agrees that the Apartment along with the Garage, if allotted, shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-self- contained Project covering the Land and is a part ‘Eden Oxford ParkPetals’ It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee of the Building ComplexProject. The Vendor/ Developer agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Developer fails to pay all or any of the outgoings collected by it from the Allottee or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottee, the Vendor/ Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. On or before the Effective Date, the Allottee has paid the Application Money money and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/ Developer within the time and the manner specified therein. Provided that if the Allottee delays in payment towards any amount which is payable, he/she/they he shall be liable to pay interest at the rate prescribed in the rules.

Appears in 1 contract

Samples: Sale Agreement

Explanation. 1.1 The Total Consideration of Apartment Price above includes the booking amount paid by the Allottee Allottee(s) to the Vendor/ Vendor/Developer towards the [Apartment]; ; 1.2 The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Price above excludes Taxes (consisting of Municipal tax and Khajna paid or payable by the Vendor/ Vendor/Developer / Developer by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ Vendor/Developer, by whatever name called) up to the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion CertificateApartment: Provided that in case there is any change / change/modification in the taxes, the subsequent amount-amount payable by the Allottee Allottee(s) to the Vendor/ Vendor/Developer shall be increased/ increased/reduced based on such change / change/modification: ; Provided further that if there is any increase in the taxes after the expiry of the schedule date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority, as per the Act, the same shall not be charged from the Purchaser; 1.3 The Vendor/Developer shall periodically intimate to the Allottee(s), the amount payable as stated in (1.1) above and the Allottee(s) shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Vendor/Developer shall provide to the Allottee(s) the details of the taxes paid or demanded along with the Acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; 1.4 The Total Price of the Apartment includes proportionate share in the Common Areas as provided in the Agreement. The Total Price is escalation free, save and except increases which the Allottee(s) hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority, from time to time. The Vendor/Developer undertakes and agrees that while raising a demand on the Allottee(s) for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/Developer shall enclose the said notification/ order/ rules/ regulations to that effect along with the demand letter being issued to the Allottee(s), which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department The Vendor/ Developer shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Vendor/ Developer / Developer within the time and in the manner specified therein. In addition, the Vendor/ Developer shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; The Total Price of Apartment includes inter-alia recovery of price of land, construction of the Apartment, the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove is escalation-free, save and except increases which the Allottee hereby agrees to pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Developer shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. Allottee(s). 1.5 The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE Schedule „C‟ ("Payment Plan"). It is agreed that the Vendor/ Vendor/Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) therein in respect of the Apartment, or Building, as the case may be, without the previous written consent of the Allottee as per the provisions of the Act: Allottee(s). Provided that the Vendor/ Vendor/Developer may make such minor additions or alterations as may be required by the AllotteeAllottee(s), or such minor changes or alteration alterations as per the provisions of the act. There will be only One Common Main Gate of the said Building ComplexAct. The Vendor/ Vendor/Developer shall confirm to the net final carpet area that has been allotted to the Allottee Allottee(s) after the construction of the Building is complete and the Completion Certificate Occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net carpet area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove price payable for the net carpet area shall be recalculated upon confirmation by the Vendor/ Vendor/Developer. If there is any reduction more than 2% in the net carpet area within the defined limit then the Vendor/ Vendor/Developer shall refund the excess money paid by Allottee Allottee(s) within 45 (forty-five) daysfive days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allotee(s). If there is any increase more than 2 % in the Carpet Area carpet area allotted to the AllotteeAllottee(s), the Vendor/ Vendor/Developer may shall demand that from the Allottee Allottee(s) as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case in Clause 1.2 of any dispute on this Agreement. 1.6 Subject to Clause 9.3 the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Vendor/Xxxxxxxxx agrees and acknowledges, the Allottee Allottee(s) shall have the right to the Apartment as mentioned below: : (i) The Allottee Allotee(s) shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; Apartment. (ii) The Allottee Allottee(s) shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share / interest of Allottee Allottee(s) in the Common Areas is undivided and cannot be divided or separated, the Allottee Allottee(s) shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee(s) to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the Vendor/ Conforming Parties/ Vendor/Developer shall hand over convey undivided proportionate title in the common areas to the Association association of Allottee after duly obtaining the Completion Certificate from the competent authority Allotee(s) as provided in the Act; ; (iii) That the computation of the price of the Apartment includes recovery of price of land, construction of not only the Apartment but also the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Flat, lift, water line and plumbing, finishing with paint, tiles, doors, windows, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities, amenities and specification to be provided within the Apartment and the Project but excludes taxes and maintenance charges as provided within the Project. The Allottee Purchaser has the right to visit the project Project site to assess the extent of development of the Project and his his/her/their Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenities. It is made clear by the Vendor/ Vendor/Developer and the Allottee Purchaser agrees that the Apartment along with the Garage, if allotted, shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part ‘Eden Oxford Park’ of any other project or zone and shall not form a part of and/or linked/ combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee(s). It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee Allottee(s) of the Building ComplexProject. It is understood by the Allotee(s) that all other area and i.e., areas and facilities falling outside the Project, namely “SIDHI PARADISE” shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972. The Vendor/ Vendor/Developer agrees to pay all outgoings before transferring the physical possession of the Apartment to the AllotteeAllottee(s), which it has collected from the AllotteeAllottee(s), for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Vendor/Developer fails to pay all or any of the outgoings collected by it from the Allottee Allottee(s) or any liability, mortgage loan and interest thereon before transferring the apartment Apartment to the AllotteeAllottee(s), the Vendor/ Developer Vendor/Xxxxxxxxx agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. On or before the Effective Date, the Allottee The Allottee(s) has paid a sum of Rs. /- (Rupees _ Only) as booking amount being part payment towards the Application Money Total Price of the Apartment at the time of application the receipt of which the Vendor/Developer hereby acknowledges and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee Allottee(s) hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/ Vendor/Developer within the time and in the manner specified therein. : Provided that if the Allottee Allottee(s) delays in payment towards any amount for which is payable, he/she/they shall be liable to pay interest at the rate prescribed specified in the rulesRules.

Appears in 1 contract

Samples: Sale Agreement

Explanation. The Total Consideration of Apartment above includes the booking amount paid by the Allottee to the Vendor/ Developer towards the [Apartment]; The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer by way of G.S.T. and Cess or Cessor any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ Developer, by whatever name called) up to the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion Certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount-payable by the Allottee to the Vendor/ Developer shall be increased/ increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department The Vendor/ Developer shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Vendor/ Developer / Developer within the time and in the manner specified therein. In addition, the Vendor/ Developer shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; The Total Price of Apartment includes inter-alia interalia recovery of price of land, construction of the Apartment, if any, the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove is hereinaboveis escalation-free, save and except increases which the Allottee hereby agrees to pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer undertakes and agrees that while raising a demand on the Allottee for Allotteefor increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Developer shall enclose the said notificationsaidnotification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the AllotteetheAllottee. The Allottee(s) shall make the payment as per the payment plan set out in FIFTH inFIFTH SCHEDULE ("Payment Plan"). It is agreed that the Vendor/ Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the Apartment, or Building, as the case may be, without the previous written consent of the Allottee as per the provisions of the Act: Provided that the Vendor/ Developer may make such minor additions or alterations as may be required by the Allottee, or such changes or alteration as per the provisions of the act. There will be only One Common Main Gate of the said Building Complex. The Vendor/ Developer shall confirm to the net area that has been allotted to the Allottee after the construction of the constructionofthe Building is complete and the Completion Certificate occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove payable for the net area shall be recalculated upon confirmation by the Vendor/ Developer. If there is reduction more than 2% in the net area then the Vendor/ Developer shall refund the excess money paid by Allottee within 45 (forty-five) days. If there is any increase more than 2 % in the Carpet Area allotted to the Allottee, the Vendor/ Developer may demand that from increasemorethan 2%inthecarpetareaallottedtoAllottee,theDevelopermaydemandthatfrom the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case of any dispute on the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx Developer agrees and acknowledges, the Allottee shall have the right to the Apartment as mentioned belowApartmentasmentionedbelow: The Allottee shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Vendor/ Conforming Parties/ Developer shall hand over the common areas to the Association of Allottee after duly obtaining the Completion Certificate completion certificate from the competent authority as provided in the Act; The Allottee has the right to visit the project site to assess the extent of development of the Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer Developer. The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenities. It is made clear by the Vendor/ Developer and the Allottee agrees that the Apartment along with the Garage, if allotted, shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-self- contained Project covering the Land and is a part ‘Eden Oxford ParkBelbedere’ It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee of the Building ComplexProject. The Vendor/ Developer agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Developer fails to pay all or any of the outgoings collected by it from the Allottee or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottee, the Vendor/ Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. Out of the Booking Amount, the Allottee has paid a sum of RS. ----------/- ( RUPEES ----------------------------- --------- ONLY) as application money (“Application Money”) at the time of applying for the Apartment, the receipt of which the Developer hereby acknowledges. On or before the Effective Date, the Allottee has paid the Application Money and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The balance Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/ Developer within the time and the manner specified thereinRS. Provided that if the Allottee delays in payment towards any amount which is payable, he/she/they shall be liable to pay interest at the rate prescribed in the rules.-------/- (RUPEES ----------------------------------------------------------

Appears in 1 contract

Samples: Sale Agreement

Explanation. (i) The Total Consideration of Apartment Price above includes the booking amount amounts of Rs……………..(Rupees….................... ) paid by the Allottee allottee to the Vendor/ Developer Promoter towards the [Apartment]; Apartment / Plot as mentioned in Para 'W'. (ii) The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove Price above includes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer Promoter by way of G.S.T. Value Added Tax, Service Tax, GST and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ DeveloperPromoter, by whatever name called) up to upto the date of the handing over the possession of the apartment Apartment// Plot to the Allottee allottee and the project Project to the association of Allottee Maintenance Society or the, the competent authority, as the case may be, after obtaining the Completion Certificatecompletion certificate: Provided that in case there is any change / change/ modification in the taxes, the subsequent amount-amount payable by the Allottee Allottee(s) to the Vendor/ Developer Promoter shall be increased/ reduced based on such change / change/ modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department The Vendor/ Developer shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Vendor/ Developer / Developer within the time and in the manner specified therein. In addition, the Vendor/ Developer shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; The Total Price of Apartment includes inter-alia recovery of price of land, construction of the Apartment, the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove is escalation-free, save and except increases which the Allottee hereby agrees to pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Developer shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled schedule date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority Authority, as per the Act, the same shall not be charged from the Allottee. ; (iii) The Promoter shall periodically intimate to the Allottee(s), the amount payable as stated in (i) above and the Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE ("Payment Plan"). It is agreed that the Vendor/ Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the Apartment, or Building, as the case may be, without the previous written consent of the Allottee as per the provisions of the Act: Provided that the Vendor/ Developer may make such minor additions or alterations as may be required by the Allottee, or such changes or alteration as per the provisions of the act. There will be only One Common Main Gate of the said Building Complex. The Vendor/ Developer shall confirm to the net area that has been allotted to the Allottee after the construction of the Building is complete and the Completion Certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove payable for the net area shall be recalculated upon confirmation by the Vendor/ Developer. If there is reduction more than 2% in the net area then the Vendor/ Developer shall refund the excess money paid by Allottee within 45 (forty-five) days. If there is any increase more than 2 % in the Carpet Area allotted to the Allottee, the Vendor/ Developer may demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case of any dispute on the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx agrees and acknowledges, the Allottee shall have the right to the Apartment as mentioned below: The Allottee shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Vendor/ Conforming Parties/ Developer shall hand over the common areas to the Association of Allottee after duly obtaining the Completion Certificate from the competent authority as provided in the Act; The Allottee has the right to visit the project site to assess the extent of development of the Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenities. It is made clear by the Vendor/ Developer and the Allottee agrees that the Apartment along with the Garage, if allotted, shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the Land and is a part ‘Eden Oxford Park’ It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee of the Building Complex. The Vendor/ Developer agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Developer fails to pay all or any of the outgoings collected by it from the Allottee or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottee, the Vendor/ Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. On or before the Effective Date, the Allottee has paid the Application Money and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/ Developer Promoter within the time and in the manner specified therein. Provided that if In addition, the Allottee delays in payment towards any amount Promoter shall provide to the Allottee(s) the details of the taxes paid or demanded along with the Acts/rules/notifications together with dates from which is payablesuch taxes/levies etc. have been imposed or become effective; (iv) The Total Price of Apartment/ Plot includes price of land, he/she/they shall be liable construction of, not only the Apartment but also, the common areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to pay interest at the rate prescribed Apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the rulescommon areas, maintenance charges as per Terms No.11 etc. and includes cost for providing all other facilities, amenities and specification to be provided within the Apartment/ Plot and the Project.

Appears in 1 contract

Samples: Agreement for Sale

Explanation. The Total Consideration For the purpose of Apartment above clause, impact means and includes the booking amount paid addition/reduction of taxes suffered on inputs, input services & capital goods. Further, impact of stranded taxes like CST on Interstate purchases, entry tax/octroi, etc (if applicable) also needs to be considered.” “The vendor shall take steps viz uploading invoice in GSTR 1, payment of the tax liability on the said invoices and filing of Returns etc. and comply with all the requirements of applicable laws including GST laws for the time being in force to enable the OWNER to avail tax credit/s including input tax credit. Any loss or non-availability of input tax credit by the Allottee OWNER due to non-compliance of applicable tax laws including but not limited to GST laws in force or otherwise, on the part of VENDOR, an amount equivalent to any tax liability accruing to the Vendor/ Developer towards OWNER and/or to the [Apartment]; The Total Consideration extent of Apartment, Total Tax and any loss accrued to the Total Extras & Deposits as mentioned hereinabove includes Taxes (consisting OWNER due to the non-availability of input tax paid credit or payable any liability accrued to the OWNER shall either stand cancelled or deducted from the payment due to the VENDOR or shall be reimbursed by the Vendor/ Developer / Developer by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ Developer, by whatever name called) up to the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, VENDOR as the case may be, after obtaining the Completion Certificate: Provided that in case there be till such default is any change / modification in the taxes, the subsequent amount-payable either rectified or made good by the Allottee VENDOR and the OWNER is satisfied that it is in a position to claim valid input tax credit within the Vendor/ Developer shall be increased/ reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project time-lines as per registration with the Authorityapplicable laws. Any cost, which shall include the extension of registrationliability, if anydues, granted to the said project by the Authoritypenalty, as per the Actfees, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department The Vendor/ Developer shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Vendor/ Developer / Developer within the time and in the manner specified therein. In addition, the Vendor/ Developer shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; The Total Price of Apartment includes inter-alia recovery of price of land, construction of the Apartment, the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove is escalation-free, save and except increases which the Allottee hereby agrees to pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Developer shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE ("Payment Plan"). It is agreed that the Vendor/ Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the Apartment, or Building, interest as the case may be, without the previous written consent of the Allottee as per the provisions of the Act: Provided that the Vendor/ Developer may make such minor additions or alterations as may be required by the Allottee, or such changes or alteration as per the provisions of the act. There will be only One Common Main Gate of the said Building Complex. The Vendor/ Developer shall confirm which accrues to the net area that has been allotted OWNER at any point of time on account of non-compliance of applicable tax laws or rules or regulations thereof or otherwise due to the Allottee after the construction of the Building is complete and the Completion Certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove payable for the net area shall be recalculated upon confirmation by the Vendor/ Developer. If there is reduction more than 2% in the net area then the Vendor/ Developer shall refund the excess money paid by Allottee within 45 (forty-five) days. If there is any increase more than 2 % in the Carpet Area allotted to the Allottee, the Vendor/ Developer may demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case of any dispute default on the measurement part of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes VENDOR shall be borne by the Party which raises the dispute in relation VENDOR. An amount equivalent to the measurement of Net area. The Vendor/ Xxxxxxxxx agrees and acknowledgessuch cost, the Allottee shall have the right to the Apartment as mentioned below: The Allottee shall have exclusive ownership rights of the Unit and the Car parking Spaceliability, if specifically mentioned in the Second Schedule; The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share dues, penalty, fees, interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Vendor/ Conforming Parties/ Developer shall hand over the common areas to the Association of Allottee after duly obtaining the Completion Certificate from the competent authority as provided in the Act; The Allottee has the right to visit the project site to assess the extent of development of the Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs be shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenities. It is made clear reimbursed by the Vendor/ Developer and the Allottee agrees that the Apartment along with the Garage, if allotted, shall be treated as a single indivisible unit for all purposesVENDOR within 30 days. It is agreed that the Project is an independent, self-contained Project covering the Land and is a part ‘Eden Oxford Park’ It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee of the Building Complex. The Vendor/ Developer agrees to pay all outgoings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Developer fails to pay all or any of the outgoings collected by it from the Allottee or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottee, the Vendor/ Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. On or before the Effective Date, the Allottee has paid the Application Money and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan Any GST as may be demanded applicable on such recovery of amount shall also be borne by VENDOR and same shall be collected by the Vendor/ Developer within the time and the manner specified therein. Provided that if the Allottee delays in payment towards any amount which is payable, he/she/they shall be liable to pay interest at the rate prescribed in the rulesOWNER.

Appears in 1 contract

Samples: Housekeeping and Maintenance Services Agreement

Explanation. a. The Total Consideration of Apartment Price above includes the booking amount paid by the Allottee to the Vendor/ Developer Promoter, towards the [Apartment]; ; b. The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Price above excludes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer Promoter by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the said Project payable by the Vendor/ DeveloperPromoter, by whatever name called) up to the date of handing over the possession of the apartment to the Allottee and the project said Project to the association of Allottee allottees or the, the competent authority, as the case may bemaybe, after obtaining the Completion Certificate: completion certificate; c. Provided that in case there is any change / modification in the taxes, the subsequent amount-amount payable by the Allottee to the Vendor/ Developer Promoter shall be increased/ reduced increased /reduced based on such change / change/modification: ; d. Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project Project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department ; (i) The Vendor/ Developer Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Vendor/ Developer / Developer Promoter, , within 30 (thirty) days from the time and date of such written intimation, in the manner specified therein. In addition, the Vendor/ Developer Promoter, , shall provide to the Allottee with the details of the taxes paid or demanded along with alongwith the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; ; (ii) The Total Price of Apartment Apartment, (Parking Space, if any) includes inter-alia recovery of price of land, construction of not only the Apartment, Apartment but also the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. and includes cost for of providing all other facilities, amenities and specifications to be provided within the Apartment and the Project. Project but it will exclude taxes and maintenance charges. e. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove Price is escalation-free, save and except increases which the Allottee hereby agrees to pay due to increase on account of to development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Developer Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authoritiesauthority, the Vendor/ Developer Promoter shall enclose the said notification/order/rule/notification/ order/ rule/ regulation to that effect along with alongwith the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. . f. The Allottee(s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE Schedule C ("Payment Plan"). . g. It is agreed that the Vendor/ Developer Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule ['D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) ' and Schedule 'E' in respect of the Apartmentapartment, plot or Buildingbuilding, as the case may be, without the previous written consent of the Allottee as per the provisions of the Act: . Provided that the Vendor/ Developer Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alteration alterations as per the provisions of the act. There will be only One Common Main Gate Act. h. The Architect and the Promoter shall have the absolute authority to determine as to the specification of the said Building Complex. building materials used for the construction of the Project, and the Allottee/Purchaser hereby consents to the same. i. [Applicable in case of an apartment] The Vendor/ Developer Promoter shall confirm to the net final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the Completion Certificate is granted occupancy certificate and/or such other certificate by whatever name called issued by the competent authority, by furnishing details of the changes, if any, in the net carpet area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove price payable for the net carpet area shall be recalculated upon confirmation by the Vendor/ Developer. If Promoter, if there is reduction more than 2% in the net carpet area then the Vendor/ Developer Promoter shall refund the excess money paid by Allottee within 45 (forty-five) daysfive days with annual interest, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than 2 % in three percent of the Carpet Area carpet area of the apartment, allotted to the Allottee, the Vendor/ Developer Promoter may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case in Paragraph 1.2 of any dispute on this Agreement herein. j. Subject to Paragraph 9.3 the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Xxxxxxxxx Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment [Apartment/Plot] as mentioned below: : k. The Allottee shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; Apartment; l. The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share interest of Allottee in the Common Areas is undivided and cannot be he divided or separated, the Allottee shall use the Common Areas along with Are as alongwith other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. , It is clarified that the Vendor/ Conforming Parties/ Developer Promoter shall hand over the common areas to the Association association of Allottee Allottees after duly obtaining the Completion Certificate completion certificate from the competent authority as provided in the Act; m. That the computation of the price of the Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project; The Price excludes Taxes and maintenance charges; n. The Allottee has the right to visit the project site projects it to assess the extent of development of the Project project and his Apartmenthis/her apartment/plot, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification in the layouts of the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenities. . o. It is made clear by the Vendor/ Developer Promoter and the Allottee agrees that the Apartment along with the Garage, Said Car Parking Space (if allotted, any) shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the Land Said Premises and is not a part ‘Eden Oxford Park’ of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that the Project's facilities and amenities shall be available only for use and enjoyment of the Allottee of the Building Complex. Project. p. The Vendor/ Developer Promoter agrees to pay all outgoings out goings before transferring the physical possession of the Apartment to the Allottee, which it has collected from the Allottee, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the projectProject). If the Vendor/ Developer / Developer Promoter fails to pay all or any of the outgoings collected by it from the Allottee or any liability, mortgage loan and interest thereon there on before transferring the apartment Apartment to the Allottee, the Vendor/ Developer Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable beliable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. On or before the Effective Date, the . q. The Allottee has paid a sum of Rs. 1,00,000/- (Rupees One Lacs only) as booking amount being part payment towards the Application Money and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part Total Price of the Total Consideration of Apartment, Total Tax and Parking Space (if any) at the Total Extras and Deposits as mentioned hereinabove time of application, the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the Apartment and Parking Space (if any) and extra charges as prescribed in the Payment Plan [Schedule C] as may be demanded by the Vendor/ Developer Promoter within the time and in the manner specified therein. Provided that if the Allottee delays in payment towards any amount which is payable, he/she/they she shall be liable to pay interest at the rate prescribed in the rulesRules and extra charges must be paid at the time of taking possession.

Appears in 1 contract

Samples: Sale Agreement

Explanation. The Total Consideration of Apartment Price above includes the booking amount paid by the Allottee Allottee(s) to the Vendor/ Vendor/Developer towards the [Apartment]Flat & Parking(s); The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Price above excludes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer by way of G.S.T. Vendor/Developer, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ Vendor/Developer, by whatever name called) up to the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion Certificate: Flat & Parking(s): Provided that in case there is any change / change/ modification in the taxes, the subsequent amount-amount payable by the Allottee Allottee(s) to the Vendor/ Vendor/Developer shall be increased/ increased/reduced based on such change / change/modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department The Vendor/ Vendor/Developer shall periodically intimate in writing to the AllotteeAllottee(s), the amount payable as stated in (i1.1) above and the Allottee Allottee(s) shall make payment demanded by within 30 (thirty) days from the Vendor/ Developer / Developer within the time and in the manner specified thereindate of such written intimation. In addition, the Vendor/ Developer Vendor /Developer shall provide to the Allottee Allottee(s) the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; The Total Price of Apartment includes inter-alia recovery of price of land, construction of the Apartment, Flat & Parking(s) includes:1) proportionate share in the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. ; and includes cost for providing all other facilities, amenities and specifications to be 2)Flat & Parking(s) as provided within in the Apartment and the ProjectAgreement. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove Price is escalation-free, save and except increases which the Allottee Allottee(s) hereby agrees to pay pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Vendor/Developer undertakes and agrees that while raising a demand on the Allottee Allottee(s) for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Vendor/Developer shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the AllotteeAllottee(s), which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. The Allottee(s) (s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE Schedule C ("Payment Plan"). It is agreed that the Vendor/ Vendor/Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) therein in respect of the ApartmentFlat & Parking, plot or Buildingbuilding, as the case may bemaybe, without the previous written consent of the Allottee as per the provisions of the Act: Allottee(s). Provided that the Vendor/ Vendor/Developer may make such minor additions or alterations as may be required by the AllotteeAllottee(s), or such minor changes or alteration alterations as per the provisions of the act. There will be only One Common Main Gate of the said Building ComplexAct. The Vendor/ Vendor/Developer shall confirm to the net final carpet area that has been allotted to the Allottee Allottee(s) after the construction of the Building is complete and the Completion Certificate occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the net carpet area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove price payable for the net carpet area shall be recalculated upon confirmation by the Vendor/ Vendor/Developer. If there is any reduction more than 2% in the net carpet area within the defined limit then the Vendor/ Vendor/Developer shall refund the excess money paid by Allottee Allottee(s) within 45 (forty-five) daysfive days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee(s). If there is any increase more than 2 % in the Carpet Area carpet area allotted to the AllotteeAllottee(s), the Vendor/ Vendor/Developer may shall demand that from the Allottee Allottee(s) as per the next then extra milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabovein Clause 1.2 of this Agreement. In case of any dispute on Subject to Clause 9.3 the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Vendor/Xxxxxxxxx agrees and acknowledges, the Allottee Allottee(s) shall have the havethe right to the Apartment Flat & Parking as mentioned below: The Allottee Allottee(s) shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; Flat & Parking. The Allottee Allottee(s) shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share share/interest of Allottee Allottee(s) in the Common Areas is undivided and cannot be divided or separated, the Allottee Allottee(s) shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee(s) to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the Vendor/ Conforming Parties/ Vendor/Developer shall hand over convey undivided proportionate title in the common areas to the Association association of Allottee after duly obtaining the Completion Certificate from the competent authority Allottee(s) as provided in the Act; The Allottee has That the right to visit the project site to assess the extent of development computation of the Project price of the Flat & Parking includes recovery of price of land, construction of [not only the Flat & Parking] but also the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification firefighting equipment in the layouts of common areas etc. and includes cost for providing all other facilities as provided with in the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenitiesProject. It is made clear by the Vendor/ Vendor/Developer and the Allottee Allottee(s) agrees that the Apartment along with the Garage, if allotted, Flat & Parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-self- contained Project covering the said Land and is not a part ‘Eden Oxford Park’ of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee(s). It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee Allottee(s) of the Building ComplexProject. It is understood by the Allottee(s) that all other areas and i.e. areas and facilities falling outside the Project, shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972. The Vendor/ Vendor/Developer agrees to pay all outgoings before transferring the physical possession of the Apartment Flat & Parking to the AllotteeAllottee(s), which it has collected from the AllotteeAllottee(s), for the payment of outgoings (including land cost, municipal ground rent, Panchayat or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Vendor/Developer fails to pay all or any of the outgoings collected by it from the Allottee Allottee(s) or any liability, mortgage loan and interest thereon before transferring the apartment Flat & Parking to the AllotteeAllottee(s), the Vendor/ Vendor/Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. On or before the Effective Date, the Allottee The Allottee(s) has paid a sum of Rs. ................................ /- (Rupees .............................. Only), as booking amount being part payment towards the Application Money Total Price of the Flat & Parking At the time of application the receipt of which the Vendor/Developer hereby acknowledges and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee Allottee(s) hereby agrees to pay the remaining price of the Apartment Flat & Parking as prescribed in the Payment Plan as may be demanded by the Vendor/ Developer Vendor /Developer within the time and in the manner specified therein. : Provided that if the Allottee Allottee(s) delays in payment towards any amount for which is payable, he/she/they he shall be liable to pay interest at the rate prescribed specified in the rulesRules.

Appears in 1 contract

Samples: Sale Agreement

Explanation. 1.1 The Total Consideration of Apartment Price above includes the booking amount paid by the Allottee Allottee(s) to the Vendor/ Vendors/Developer towards the [Apartment]; Flat & Parking(s); 1.2 The Total Consideration of Apartment, Total Tax and the Total Extras & Deposits as mentioned hereinabove includes Price above excludes Taxes (consisting of tax paid or payable by the Vendor/ Developer / Developer by way of G.S.T. Vendors/Developer, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Vendor/ Vendors/Developer, by whatever name called) up to the date of handing over the possession of the apartment to the Allottee and the project to the association of Allottee or the, competent authority, as the case may be, after obtaining the Completion Certificate: Flat & Parking(s): Provided that in case there is any change / change/modification in the taxes, the subsequent amount-amount payable by the Allottee Allottee(s) to the Vendor/ Vendors/Developer shall be increased/ increased/reduced based on such change / change/modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department ; 1.3 The Vendor/ Vendors/Developer shall periodically intimate in writing to the AllotteeAllottee(s), the amount payable as stated in (i1.1) above and the Allottee Allottee(s) shall make payment demanded by within 30 (thirty) days from the Vendor/ Developer / Developer within the time and in the manner specified thereindate of such written intimation. In addition, the Vendor/ Vendors/Developer shall provide to the Allottee Allottee(s) the details of the taxes paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective; ; 1.4 The Total Price of Apartment includes inter-alia recovery of price of land, construction of the Apartment, Flat & Parking(s) includes: 1) proportionate share in the Common Areas, internal development charges, external development charges, taxes, maintenance charges etc. and includes cost for providing all other facilities, amenities and specifications to be ; and2) Flat & Parking(s) as provided within in the Apartment and the ProjectAgreement. The Total consideration of Apartment, Total Taxes and the Total Extras and Deposits as mentioned hereinabove Price is escalation-free, save and except increases which the Allottee Allottee(s) hereby agrees to pay pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Vendor/ Vendors/Developer undertakes under takes and agrees that while raising a demand on the Allottee Allottee(s) for increase in development charges, cost/charges imposed by the competent authorities, the Vendor/ Vendors/Developer shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the AllotteeAllottee(s) , which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee. . 1.5 The Allottee(s) (s) shall make the payment as per the payment plan set out in FIFTH SCHEDULE Schedule C ("Payment Plan"). It is agreed that the Vendor/ Vendors/Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) there in respect of the Apartment, or Building, as the case may beFlat & Parking, without the previous written consent of the Allottee as per the provisions of the Act: Allottee(s). Provided that the Vendor/ Vendors/Developer may make such minor additions or alterations as may be required by the AllotteeAllottee(s), or such minor changes or alteration alterations as per the provisions of the act. There will be only One Common Main Gate of the said Building Complex. Act. 1.6 The Vendor/ Vendors/Developer shall confirm to the net final carpet area that has been allotted to the Allottee Allottee(s) after the construction of the Building is complete and the Completion Certificate is granted by the competent authority, by furnishing details of the changes, if any, in the net carpet area. The total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove price payable for the net carpet area shall be recalculated upon confirmation by the Vendor/ Vendors/Developer. If there is any reduction more than 2% in the net carpet area within the defined limit then the Vendor/ Vendors/Developer shall refund the excess money paid by Allottee within 45 (forty-fiveAllottee(s) days. If .If there is any increase more than 2 % in the Carpet Area carpet area allotted to the AllotteeAllottee(s), the Vendor/ Vendors/Developer may shall demand that from the Allottee Allottee(s) as per the next then extra milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed hereinabove. In case in Clause 1.2 of any dispute on this Agreement. 1.7 Subject to Clause 9.3 the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area. The Vendor/ Vendors/Xxxxxxxxx agrees and acknowledges, the Allottee Allottee(s) shall have the right to the Apartment Flat & Parking as mentioned below: The Allottee Allottee(s) shall have exclusive ownership rights of the Unit and the Car parking Space, if specifically mentioned in the Second Schedule; Flat & Parking. The Allottee Allottee(s) shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share / interest of Allottee Allottee(s) in the Common Areas is undivided and cannot be divided or separated, the Allottee Allottee(s) shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee(s) to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the Vendor/ Conforming Parties/ Vendors/Developer shall hand over convey undivided proportionate title in the common areas to the Association association of Allottee after duly obtaining the Completion Certificate from the competent authority Allottee(s) as provided in the Act; The Allottee has That the right to visit the project site to assess the extent of development computation of the Project price of the Flat & Parking includes recovery of price of land, construction of [not only the Flat & Parking but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Vendor/ Developer . The Vendor/ Developer including Project staffs shall not be liable for any untoward incident or accident. The Vendor/ Developer / Developer will not entertain any request for modification firefighting equipment in the layouts of common areas etc. and includes cost for providing all other facilities as provided within the Apartment and external facade of the Building(s) and Common Areas including common facilities and amenitiesProject. It is made clear by the Vendor/ Vendors/Developer and the Allottee Allottee(s) agrees that the Apartment along with the Garage, if allotted, Flat & Parking shall be treated as a single indivisible in divisible unit for all purposes. It is agreed that the Project is an independentinsane dependent, self-self- contained Project covering the said Land and is not a part ‘Eden Oxford Park’ It of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee(s) .It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottee Allottee(s) of the Building ComplexProject. It is understood by the Allottee(s) that all other areas and i.e. areas and facilities falling outside the Project, shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972. The Vendor/ Developer Vendors/Xxxxxxxxx agrees to pay all outgoings out goings before transferring the physical possession of the Apartment Flat & Parking to the AllotteeAllottee(s) , which it has collected from the AllotteeAllottee(s) , for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan, if any, loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Vendor/ Developer / Vendors/Developer fails to pay all or any of the outgoings collected by it from the Allottee Allottee(s) or any liability, mortgage loan and interest thereon before transferring the apartment Flat & Parking to the AllotteeAllottee(s) , the Vendor/ Vendors/Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. On or before the Effective Date, the Allottee The Allottee(s) has paid a sum of Rs .................../-(Rupees Only) as booking amount being part payment towards the Application Money Total Price of the Flat at the time of application the receipt of which the Vendors/Developer hereby acknowledges and the Booking Amount, morefully mentioned in the ‘Memo of Consideration’ hereunder. The Booking Amount forms part of the Total Consideration of Apartment, Total Tax and the Total Extras and Deposits as mentioned hereinabove and the Allottee Allottee(s) hereby agrees to pay the remaining price of the Apartment Flat & Parking as prescribed in the Payment Plan as may be demanded by the Vendor/ Vendors/Developer within the time and in the manner specified therein. there in: Provided that if the Allottee Allottee(s) delays in payment towards any amount for which is payable, he/she/they he shall be liable to pay interest at the rate prescribed specified in the rulesRules.

Appears in 1 contract

Samples: Sale Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!