Common use of Failure of Allottee to take Possession of Apartment Clause in Contracts

Failure of Allottee to take Possession of Apartment. Upon receiving a written intimation from the Promoter as per Para-7.2, the Allottee shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Apartment to the allottee/s. In case the Allottee/s fail/s to take possession within the time provided in para, 7.2 such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee — After obtaining the occupancy certificate and handing over physical possession of the Apartment to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of Allottees or the competent authority, as the case may be, as per the local laws; Cancellation by Xxxxxxxx — The Allottee/s shall have the right to cancel/ withdraw his/her/their allotment in the Project as provided in the Act: Provided that where the allottee/s propose/s to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee/s within 45 days of such cancellation. Compensation — The Promoter shall compensate the Allottee/s in case of any loss caused to him/her/them due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under the Act and the claim for interest and compensation under this provision shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a Force Majeure event, if the promoter fails to complete or is unable to give possession of the Apartment (i) in accordance with the terms of this Agreement, duly completed by the date specified herein; or (ii) due to discontinuance of his/their business as a developer on account of suspension or revocation of the registration under the Act, or for any other reason, the Promoter shall be liable, on demand to the allottee/s, in case the Allottee/s wishes to withdraw from the Project without prejudice to any other remedy available, to return the total amount received by him/her/them in respect of the Apartment, with interest at the rate specified in the Rules within 45 (forty-five) days including compensation in the manner as provided under the Act. Provided that where if the Allottee does not intend to withdraw from the Project, the Promoter shall pay the Allottee interest at the rate prescribed in the Rules for every month of delay, till the handing over of the possession of the Apartment.

Failure of Allottee to take Possession of Apartment. Upon receiving a written intimation from the Promoter as per Para-7.2para 7.2, the Allottee shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Apartment to the allottee/s. Allottee. In case the Allottee/s fail/s Allottee fails to take possession within the time provided in para, para 7.2 in the Possession Notice such Allottee shall continue to be liable to pay maintenance charges as applicablespecified in para 7.2 from such date as notified in the Possession Notice (Deemed Possession). Possession by the Allottee — – After obtaining the occupancy certificate or such other certificate by whatever name called issued by the competent authority, and handing over physical possession of the Apartment to the Allotteesallottees, it shall be the responsibility of the Promoter to hand over ov er the necessary documents and plans, including common areas, to the association of Allottees allottees or the competent authority, as the case may be, as per the local laws; laws i.e, the West Bengal Apartment Ownership Act, 1972, as amended up to date which provides for submission of the property comprised within the Project within three years from the date of completion certificate issued by the competent authority and to have the association of allottees formed in the manner provided in the said Act. Cancellation by Xxxxxxxx — Allottee - The Allottee/s Allottee shall have the right to cancel/ withdraw his/her/their his allotment in the Project as provided in the Act: . Provided that where the allottee/s propose/s Allottee proposes to cancel/withdraw from the project Project without any fault of the promoterPromoter, the promoter Promoter herein is entitled to forfeit the booking amount (Cancellation Charge), paid for the allotmentallotment plus applicable taxes. The balance amount of money paid by the allottee Allottee shall be returned by the promoter Promoter to the allotteeAllottee without interest/s taxes within 45 days of such cancellation. Such refund shall be made without any interest or compensation and all charges and expenses that may be incurred by the Promoter in making such refund shall be borne by the Allottee. Upon withdrawal or cancellation of allotment by the Allottee under this Agreement, the Promoter shall have the right to re-allot the Apartment to any third party thereafter and the prior allotment in favour of the Allottee will stand cancelled. All rights of the Allottee under any allotment letter iss ued or this Agreement shall also stand terminated. Compensation — - The Promoter shall compensate the Allottee/s Allottee in case of any loss caused to him/her/them him due to defective title of the land, land on which the project Project is being developed or has been developed, in the manner as provided under the Act and the claim for interest and compensation under this provision shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a Force Majeure event, if the promoter Promoter fails to complete or is unable to give possession of the Apartment (i) in accordance with the terms of this Agreement, duly completed by the date specified hereinin para 7.1; or (ii) due to discontinuance of his/their his business as a developer on account of suspension or revocation of the registration under the Act, Act or for any other reason, the Promoter shall be liable, on demand to the allottee/sAllottees, in case the Allottee/s Allottee wishes to withdraw from the Project Project, without prejudice to any other remedy available, to return the total amount received by him/her/them it’s in respect of the Apartment, with interest at the rate specified equivalent to the prevailing Prime Lending Rate of State Bank of India plus two percent per annum including compensation (if any) in the Rules manner as provided under applicable laws within 45 (forty-five) days including compensation in the manner as provided under the Actof it becomingdue. Provided that That where if the Allottee does not intend to withdraw from the Project, the Promoter shall pay the Allottee interest at the rate prescribed in equivalent to the Rules prevailing Prime Lending Rate of the State Bank of India plus two percent per annum for every month of delay, till the handing over of the possession of the Apartment, which shall be paid by the Promoter to the Allottee within 45 (forty-five) days of it becoming due.

Failure of Allottee to take Possession of Apartment. Upon receiving a written intimation from the Promoter as per Para-7.2Promoter, the Allottee shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement Agreement, and the Promoter shall give possession of the Apartment to the allottee/s. Allottee. In case the Allottee/s fail/s Allottee fails to take possession within 15 (fifteen) days from the time provided date of notice of possession of the said flat after fulfilling all his liabilities and obligations or the date of expiry of the period specified in parathe notice in writing by the Developer to the purchaser to take possession of the said flat irrespective of whether the purchaser takes actual physical possession of the said flat or not, 7.2 such Such Allottee shall continue to be liable to pay maintenance charges and all other outgoings whicheverbe earlier. Further, in case the Allottee fails or neglects to take possession of the said Unit as and when called upon by the Promoter as aforesaid or where physical delivery has been withheld by the Promoter on grounds of breach/default by the Allottee, the Allottee shall be liable to pay guarding/holding charges @ Rs. 14/- (Rupees fourteen only) per Square Foot per month of the Built Up area of the said Unit, plus GST (if applicable), from the Deemed Date of Possession/Date of Commencement of liability to the actual date when the physical possession is takenby the Allottee. The Allottee also hereby further agrees and confirms that the Allottee shall grant a Power of Attorney in favour of the Promoter, and/or any other person or persons nominated by the Promoter, for the purpose of taking necessary steps towards formation of the association of allottees and for such other related purposes, as the Promoter may deem fit and proper. Possession by the Allottee — – After obtaining the occupancy occupancy/completion certificate (as applicable) and handing over physical possession of all the Apartment apartments to the Allotteesallottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of Allottees the allottees or the competent authority, as the case may be, as per the local laws; . Provided that, in the absence of any local law, the Promoter shall handover the necessary document and plans including common areas, to the association of allottees or the competent authority, as the case may be. Cancellation by Xxxxxxxx — Allottee – The Allottee/s Allottee shall have the right to cancel/ cancel/withdraw his/her/their his allotment in the Project as provided in the Act: Provided that where the allottee/s propose/s Allottee proposes to cancel/withdraw from the project Project without any fault of the promoterPromoter, the promoter Promoter herein is entitled to forfeit the booking amount paid for the allotmentamount, with applicable taxes. The balance amount of money paid by the allottee Allottee shall be returned by the promoter Promoter to the allottee/s Allottee within 45 days of such cancellation. Compensation — The Promoter shall compensate the Allottee/s in case of any loss caused to him/her/them due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under the Act and the claim for interest and compensation under this provision shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a Force Majeure event, if the promoter fails to complete or is unable to give possession of the Apartment (i) in accordance with the terms of this Agreement, duly completed by the date specified herein; or (ii) due to discontinuance of his/their business as a developer on account of suspension or revocation of the registration under the Act, or for any other reason, the Promoter shall be liable, on demand to the allottee/s, in case the Allottee/s wishes to withdraw from the Project without prejudice to any other remedy available, to return the total amount received by him/her/them in respect of the Apartment, with interest at the rate specified in the Rules within 45 (forty-five) days including compensation in the manner as provided under the Act. Provided that where if the Allottee does not intend to withdraw from the Project, the Promoter shall pay the Allottee interest at the rate prescribed in the Rules for every month of delay, till the handing over of the possession of the Apartment.

Failure of Allottee to take Possession of Apartment. Upon receiving a written intimation from the Promoter as per Para-7.2para 7.2, the Allottee shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Apartment to the allottee/s. Allottee. In case the Allottee/s fail/s Allottee fails to take possession within the time provided in para, 7.2 para 7.1 such Allottee shall continue to be liable to pay interest on due payments and maintenance charges as applicablespecified in para 7.2. Possession by the Allottee — – After obtaining the occupancy certificate and handing over physical possession of the Apartment to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, areas to the association Association of Allottees Allottee or the competent authorityCompetent Authority, as the case may be, as per the local laws; . Cancellation by Xxxxxxxx — Allottee – The Allottee/s Allottee shall have the right to cancel/ cancel/withdraw his/her/their his allotment in the Project as provided in the Act: . Provided that where the allottee/s propose/s allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking Booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee/s allottee within 45 days of such cancellation. Compensation — The Purchaser/s shall bare the cost of the Registration of Agreement for Sale and Deed of Conveyance and Cancellation of Agreement for Sale, if required. Compensation- The Promoter shall compensate the Allottee/s Allottee in case of any loss caused to him/her/them him due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under the Act and the claim for interest and compensation under this provision shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a Force Majeure event, if the promoter fails to complete or is unable to give possession of the Apartment (i) in accordance with the terms of this Agreement, duly completed by the date specified hereinin para 7.1; or (ii) due to discontinuance of his/their his business as a developer Developer on account of suspension or revocation of the registration under the Act, or for any other reason, the Promoter shall be liable, on demand to the allottee/sallottees, in case the Allottee/s Allottee wishes to withdraw from the Project without prejudice to any other remedy available, to return the total amount received by him/her/them him in respect of the Apartment, with interest at the rate specified in the Rules within 45 (forty-five) days including compensation if any in the manner as provided under the Act. Provided that where if the Allottee does not intend to withdraw from the Project, the Promoter shall pay the Allottee interest at the rate prescribed in the Rules for every month Act within forty-five days of delay, till the handing over of the possession of the Apartmentit becoming due.

Failure of Allottee to take Possession of Apartment. Upon receiving a written intimation the Notice of Possession from the Promoter as per Para-7.2clause 7.2, the Allottee through the HMC shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation making all payments as prescribed in per this Agreement and executing the Documents of Assurances, and the Promoter shall give possession of the Apartment to the allottee/s. Allottee as per the terms and conditions of this Agreement. Fulfilment of the conditions as per the provisions of this clause 7.3 shall be a condition precedent for handing over possession of the Apartment to the Allottee and subsequent execution and registration of the conveyance deed. Refusal to fulfil any of the conditions listed above by the Allottee shall amount to a breach of this Agreement and entitle the Promoter to terminate the Agreement in accordance herewith. In case the Allottee/s fail/s Allottee fails to make all the payments as per this Agreement or fails to furnish the duly executed Documents of Assurances or fails to take possession of the Apartment within the time provided in parathe Notice of Possession, 7.2 such then the Allottee shall continue to be liable to pay maintenance charges and holding charges as applicablementioned herein. Possession Holding charges payable by the Allottee — After obtaining shall be Rs. /- (Rupees only) per sq. ft. per month on the occupancy certificate and carpet area of the Apartment for the period between the stipulated date of handing over physical the possession of the Apartment to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of Allottees or the competent authority, as the case may be, as per the local laws; Cancellation by Xxxxxxxx — The Allottee/s shall have the right to cancel/ withdraw his/her/their allotment in the Project as provided in the Act: Provided that where the allottee/s propose/s to cancel/withdraw from the project without any fault Notice of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee/s within 45 days of such cancellation. Compensation — The Promoter shall compensate the Allottee/s in case of any loss caused to him/her/them due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under the Act Possession and the claim for interest and compensation under this provision shall not be barred by limitation provided under any law for the time being in force. Except for occurrence date of a Force Majeure event, if the promoter fails to complete or is unable to give possession of the Apartment (i) in accordance with the terms of this Agreement, duly completed by the date specified herein; or (ii) due to discontinuance of his/their business as a developer on account of suspension or revocation of the registration under the Act, or for any other reason, the Promoter shall be liable, on demand to the allottee/s, in case the Allottee/s wishes to withdraw from the Project without prejudice to any other remedy available, to return the total amount received by him/her/them in respect of the Apartment, with interest at the rate specified in the Rules within 45 (forty-five) days including compensation in the manner as provided under the Act. Provided that where if the Allottee does not intend to withdraw from the Project, the Promoter shall pay the Allottee interest at the rate prescribed in the Rules for every month of delay, till the handing actual taking over of the possession of the Apartment by the Allottee. The Holding Charges shall be in addition to the standard maintenance cost of the idle Apartment as determined by the Promoter and not related to any other charges/consideration as provided in this Agreement. In addition, the Promoter may at its sole discretion, although not obliged, cancel the allotment at any time after the expiry of 120 days from the date of the Notice of Possession in case the Allottee fails to take possession of the Apartment as afore-said. In such an event, the Promoter shall be entitled to resell the Apartment and only thereafter refund to the Allottee such amounts as may be due to it after forfeiting Booking Amount, and deducting the brokerage/ commission/ charges, service tax/ GST or other amounts due and payable by the Allottee including any interest accrued on delayed installments and late payment charges, as well as the maintenance cost of the Apartment calculated up till the date of its resale, from the amounts paid by the Allottee against the Apartment. Also, the Promoter shall have the right to use the Apartment for the Hotel Business, and any unpaid amounts by the Allottee may, without prejudice to the Promoter’s other rights of recovery, be recovered from the Allottee’s share of the revenue from the Hotel Business.

Failure of Allottee to take Possession of Apartment. Upon receiving a written intimation from the Promoter as per Para-7.2, Clause 7.2 the Allottee Allottee(s) shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement Agreement, and the Promoter shall give possession Possession of the Apartment to the allottee/s. Allottee(s). In case the Allottee/s fail/s Allottee(s) fails to take possession within the time provided in paraclause 7.2, 7.2 such Allottee Allottee(s) shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee — After obtaining the occupancy certificate and handing over physical possession of the Apartment to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of Allottees or the competent authority, as the case may be, as per the local laws; Cancellation by Xxxxxxxx — (s)- The Allottee/s Allottee(s) shall have the right to cancel/ cancel/withdraw his/her/their his allotment in the Whole Project as provided in the Act: Provided that where the allottee/s propose/s Allottee(s) proposes to cancel/withdraw from the project Whole Project without any fault of the promoterPromoter, before the completion of the Project, the promoter herein is Promoter shall be entitled to forfeit the booking amount Xxxxxxx Amount, all taxes, duties, cess, etc. deposited by the Promoter to the concerned department/authority in respect of the Unit and all other penalties and delay payment charges of any nature whatsoever in respect of the Unit, as on the date of such termination, from the amounts paid for by the allotment. The Allottee(s) till such date and the balance amount of money paid by the allottee Allottee(s) shall be returned by the promoter Promoter to the allotteeAllottee(s) without any interest within 30 days from the date of resale/s within 45 days of such cancellation. Compensation — The Promoter shall compensate the Allottee/s in case of any loss caused to him/her/them due to defective title allotment of the land, on which Unit to the project is being developed or has been developed, in new Allottee. Cancellation by Allottee(s) after Completion Certificate- Where the manner as provided under Allottee(s) proposes to cancel/withdraw from the Act and the claim for interest and compensation under this provision shall not be barred by limitation provided under Whole Project without any law for the time being in force. Except for occurrence of a Force Majeure event, if the promoter fails to complete or is unable to give possession fault of the Apartment (i) in accordance with Promoter, after receipt of completion certificate/occupancy certificate of the terms of this Agreement, duly completed Whole Project by the date specified herein; or (ii) due to discontinuance of his/their business as a developer on account of suspension or revocation of the registration under the Act, or for any other reasonPromoter, the Promoter shall be liableentitled to forfeit twice the Xxxxxxx Amount, on demand all any taxes, duties, cess, etc. deposited by the Promoter to the allotteeconcerned department/s, in case the Allottee/s wishes to withdraw from the Project without prejudice to any other remedy available, to return the total amount received by him/her/them authority in respect of the ApartmentUnit and all other penalties and Delay Payment Charges, with interest at maintenance charges and any other charges in respect of the rate specified in Unit as on the Rules within 45 (forty-five) days including compensation in the manner as provided under the Act. Provided that where if the Allottee does not intend to withdraw date of such termination, from the Project, amounts paid by the Allottee(s) till such date and the balance amount of money paid by the Allottee(s) shall be returned by the Promoter shall pay to the Allottee interest at Allottee(s) without any interest, from the rate prescribed in the Rules for every month of delay, till the handing over amounts realized from resale / allotment of the possession of Unit to the Apartmentnew Allottee.

Failure of Allottee to take Possession of Apartment. Upon receiving a written intimation from the Promoter as per Para-7.2mentioned in Clause 7.2 above, the Allottee shall take possession of the Said Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement Agreement, and the Promoter shall give possession of the Said Apartment to the allottee/s. Allottee. In case the Allottee/s fail/s Allottee fails to take possession within the time provided in paraClause 7.2 above, 7.2 such Allottee shall continue to be liable to pay interest on amount due and payable in terms of this Agreement, maintenance charges, municipal tax and other outgoings and further holding charges, being equivalent to 2 (two) times the maintenance charges as for the period of delay after the lapse of 2 (two) months from the date of issuance of possession notice of the Said Apartment shall become applicable. Possession by the Allottee — Allottee- After obtaining the occupancy certificate Completion Certificate and handing over physical possession of possessionof the Apartment apartments comprised in the Real Estate Project to the Allotteesallottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areasCommon Areas of the Real Estate Project (as specified in Schedule E below), to the association of Allottees or allottees, upon its formation and registration; Provided that, in the competent authorityabsence of any local law, the Promoter shall handover the necessary documents and plans, including Common Areas of the Real Estate Project (as specified in Schedule E below) to the case may be, as per association of allottees within thirty days after formation and registration of the local laws; association of allottees. Cancellation by Xxxxxxxx — Allottee- The Allottee/s Allottee shall have the right to cancel/ withdraw his/her/their his allotment in the Project as provided in the Act: Provided that where the allottee/s propose/s Allottee proposes to cancel/withdraw from the project Project without any fault of the promoterPromoter, the promoter Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. The Upon registration of the deed of cancellation in respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount amount, if any of money paid the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another allottee and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be returned by entitled to deal with and/or dispose off the promoter to Said Apartment And Appurtenances in the allottee/s within 45 days of such cancellationmanner it deems fit and proper. Compensation — - The Promoter Owners shall compensate the Allottee/s Allottee in case of any loss caused to him/her/them him due to defective title of the land, on which the project Real Estate Project is being developed or has been developed, in the manner as provided under the Act and the claim for interest and compensation under this provision shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a Force Majeure event, if the promoter Promoter fails to complete or is unable to give possession of the Said Apartment (i) in accordance with the terms of this Agreement, duly completed by the date Completion Date specified hereinin Clause 7.1; or (ii) due to discontinuance of his/their his business as a developer Promoter on account of suspension or revocation of the registration under the Act, or for any other reason, the Promoter shall be liable, on demand to the allottee/sallottees, in case the Allottee/s Allottee wishes to withdraw from the Project without prejudice to any other remedy available, to return the total amount received by him/her/them in the Promoterin respect of the Apartment, with interest at the rate specified prescribed in the Rules within 45 (forty-five) days including compensation in the manner as provided under the Act. Act within forty-five days of it becoming due; Provided that where if the Allottee does not intend to withdraw from the Project, the Promoter shall pay the Allottee interest at the rate prescribed in the Rules for every month of delay, till the handing over of the possession of the ApartmentApartment which shall be paid by the Promoter to the Allottee within forty- five days of it becoming due.

Failure of Allottee to take Possession of Apartment. Upon receiving a written intimation from the Promoter as per Para-7.2clause 7.1, the Allottee shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement Agreement, and the Promoter shall give possession of the Apartment to the allottee/s. . In case the Allottee/s fail/s Allottee fails to take possession within the time provided in para, 7.2 clause 8.1 such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by 7.4 If within a period of five years from the Allottee — After obtaining the occupancy certificate and date of handing over physical possession of the Apartment to the AllotteesAllottee, it shall be the responsibility Allottee brings to the notice of the Promoter to hand over any structural defect in the necessary documents and plans, including common areas, to the association of Allottees Apartment or the competent authority, as the case may be, as per the local laws; Cancellation by Xxxxxxxx — The Allottee/s shall have the right to cancel/ withdraw his/her/their allotment building in the Project as provided in the Act: Provided that where the allottee/s propose/s to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money paid by the allottee shall be returned by the promoter to the allottee/s within 45 days of such cancellation. Compensation — The Promoter shall compensate the Allottee/s in case of any loss caused to him/her/them due to defective title of the land, on which the project is being developed Apartment are situated or has been developed, in the manner as provided under the Act and the claim for interest and compensation under this provision shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a Force Majeure event, if the promoter fails to complete or is unable to give possession of the Apartment (i) in accordance with the terms of this Agreement, duly completed by the date specified herein; or (ii) due to discontinuance of his/their business as a developer defects on account of suspension workmanship, quality or revocation provision of the registration under the Actservice, or for any other reasonthen, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be liable, on demand entitled to the allottee/s, in case the Allottee/s wishes to withdraw receive from the Project without prejudice to any other remedy availablePromoter, to return the total amount received by him/her/them in respect of the Apartment, with interest at the rate specified in the Rules within 45 (forty-five) days including compensation for such defect in the manner as provided under the Act. Provided that where if 7. The Allottee shall use the Apartment or any part thereof or permit the same to be used only for purpose of residence. He shall use the parking space only for purpose of parking vehicle. 8. The Allottee along with other allottee(s)s of Apartments in the building shall join in forming and registering the Society/s or Association/s or a Limited Company/s to be known by such name as the Promoter may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Society/s or Association/s or Limited Company/s and for becoming a member, including the bye- laws of the proposed Society/s and duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee, so as to enable the Promoter to register the common organisation of Allottee. No objection shall be taken by the Allottee does not intend if any, changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. 9.1 The Promoter shall, within three months of registration of the Society or Association or Limited Company, as aforesaid, cause to withdraw from be transferred to the Projectsociety or Limited Company all the right, title and the interest of the Original Owner/Promoter and/or the owners in the said structure of the Building in which the said Apartment is situated. 9.2 The Promoter shall, within three months of registration of the Federation/ apex body of the Societies or Limited Company, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the interest of the Original Owner/Promoter and/or the owners in the project land on which the building with multiple buildings are constructed. 9.3 Within 15 days after notice in writing is given by the Promoter to the Allottee that the Apartment is ready for use and occupancy, the Allottee shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Apartment) of outgoings in respect of the project land and Building/s namely local taxes, betterment charges or such other levies by the COMPETANT AUTHORITY and/ or Government water charges, insurance, common lights, repairs and salaries of clerks xxxx collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s. Until the Society or Limited Company is formed and the said structure of the building/s is transferred to it, the Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee's share is so determined the Allottee shall pay to the Promoter provisional monthly contribution of Rs /- per month towards the outgoings. The amounts so paid by the Allottee to the Promoter shall not carry any interest and remain with the Promoter until a conveyance of the structure of the building is executed in favour of the society or a limited company as aforesaid. On such conveyance being executed for the structure of the building the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 9.3.1The maintenance amount shall be maintained by the Promoter in a separate account and shall be used and utilised by the Promoter only for common maintenance of the said project. The Promoter shall cause maintenance of the project till handing over responsibility of the same to the Co-operative Society/s. 9.3.2The Allottee has understood the entire scheme of maintenance in detail. The Allottee admits and agrees to the same, so that the maintenance of the entire complex is not hampered in any way due to lack of or non payment by the Allottees. 9.3.3It is also clearly understood that this shall not preclude such society or the Promoter, from claiming, demanding and raising the maintenance charges independent of such and said contribution from the Allottees, provided the decision to that effect is duly taken after certified statement of accounts justifying the need for increasing the maintenance charges is circulated to the Allottee/s. 9.3.4Such society or the Promoter shall be entitled to claim interest, on the arrears of such charges from the defaulting Allottees, without prejudice to the other rights and powers of the organization. 9.3.5Without prejudice to and notwithstanding anything contained above, in the event of the Promoter and/or society of Allottees after entrustment of common maintenance by the Promoter to it, duly resolving that the above maintenance deposit is insufficient for the maintenance of the common areas and facilities, electricity, water, drainages, sewage, passages, gardens or repairs thereof, the Allottee shall be liable to bear, pay and contribute to such additional charges as may be levied and demanded by the Promoter and/or society and/or federal society, as the case may be. 9.3.6The entire operations and maintenance of the buildings and or the common amenities is being carried out either by the Promoter or the society, on behalf of the Allottee and for the benefit of the residential community as a whole. Under no circumstances and no grounds the Allottee shall avoid and fail to pay the Allottee prescribed maintenance, which otherwise shall be treated as breach of essential term of this agreement, entitling the Promoter to terminate this agreement, without prejudice to other remedies available to the Promoter in law including recovery of the said amount together with interest at the rate prescribed of 2% per month. Outstanding amount shall remain as a charge on the said Apartment. 9.3.7The Allottee hereby agrees and confirms that the Promoter shall be availing water supply for the buildings on the said Project land/ said project from the COMPETANT AUTHORITY. However, in the Rules for every month event that any water is required to be purchased from private sources, the Allottee herein shall be liable to contribute expenses thereof at actual in proportion as may be required. 9. The Allottee shall on or before delivery of delay, till the handing over of the possession of the Apartmentsaid premises keep deposited with the Promoter, the following amounts (i) Rs. ---------------/- for share money, application entrance fee of the Society or Limited Company/Federation/Apex body. (ii) Rs. ---------------/- for formation and registration of the Society or Limited Company/Federation/Apex body. (iii) Rs. ---------------/- for proportionate share of taxes and other charges/levies in respect of the Society or Limited Company/Federation/Apex body (iv) Rs. ---------------/- for deposit towards provisional monthly contribution towards outgoings of Society or Limited Company/Federation/Apex body. (v) Rs. ---------------/- for Deposit towards Water, Electric and other utility and services connection charges and (vi) Rs. ---------------/- for deposits of electrical receiving and Sub-Station provided in Layout. 10. The Allottee shall pay to the Promoter a sum of Rs /- for meeting all legal costs, charges and expenses, including professional costs of the Advocates of the Promoter in connection with formation of the said Society, or Limited Company, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance. 11. At the time of registration of conveyance or Lease of the structure of the building or wing of the building, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or any document or instrument of transfer in respect of the structure of the said Building. At the time of registration of conveyance of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 12.