MAINTENANCE OF THE BUILDING /APARTMENT / PROJECT. 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project till the offer to the Association to take over of the maintenance of the Project upon the issuance of the Partial or Full Occupancy/Completion Certificate of the Project. The cost of such maintenance has not been included in the Total Price/Agreed Consideration of the said Apartment and the same shall be paid by the Allottee as agreed with the Promoter. 11.2 Unless otherwise agreed/offered by the Promoter, the liability to pay Maintenance Charges will commence after 30 days from the issue date of Notice for Possession. The present Maintenance Charges (calculated on a reasonable basis considering all the inputs including but not limited to current electricity tariff, diesel rate, minimum wages and Annual Maintenance Charges (AMCs) of common electromechanical equipment and also a reasonable return on the efforts made by the Promoter to render these common services and facilities as also the maintenance fee @ 5% of such Maintenance Charges as mentioned elsewhere in this agreement) shall be payable by the Allottee to the Promoter (“Common Area Maintenance Charge”). The Common Area Maintenance Charge shall be paid quarterly by the Allottee. The Allottee undertakes to make such payments as and when Invoices raised by the Promoter after obtaining Partial or Full Occupancy / Completion Certificate. 11.3 The Common Areas Maintenance Charge shall be increased from time to time on account of any increase in power tariff, diesel rates, wage enhancement, AMCs, plant and machinery expenses or any other input/s of maintenance activities, carried out by the Promoter or its nominated agency(ies), as the case may be. The Common Areas Maintenance Charge, in case of substantial increase in power tariff, diesel rate, daily wages and other inputs of maintenance may undergo interim increase. 11.4 The Apartment allotted herein has been designed for 11.5 If the Allottee fails to pay the dues/outstanding amounts of any part/portion thereof as mentioned in the Notice for Possession within the deemed Date of Possession, that is the expiry of the period of 30 (thirty) days from the date of the Promoter giving Notice for Possession of the Apartment to the Allottee AND/OR if the Allottee does not take over the possession of the Apartment even after making the payment of the said dues/outstanding amounts as mentioned in the Notice for Possession within the deemed Date of Possession (as mentioned above), in such event the Allottee shall be liable to pay Maintenance Charges after 30 days from the issue date of Notice for Possession or as per the Invoice raised by the Promoter or it's nominated agency(ies), as the case may be, and also the proportionate panchayet taxes in respect of the Apartment wholly and for the Common Area proportionately from the deemed Date of Possession as mentioned in the Notice for Possession along with the Holding Charges as mentioned hereinabove. 11.6 The Allottee, as per Schedule G, Part II shall deposit an interest free amount of Rs.3/- per square feet per month towards advance maintenance charges in respect of Chargeable Area of the Apartment ("Advance Maintenance Charges”) which amount will be one of the amounts payable towards the consideration of the Unit. However, the Allottee undertakes to make necessary payments over and above such Advance Maintenance Charges, if necessary, for such maintenance as fixed by the Promoter at actuals. 11.7 The Allottee, as per Schedule G, Part II shall pay an amount of Rs.30/- per square feet towards Maintenance Corpus/Sinking Fund of the Unit towards major repair, maintenance and replacement of infrastructure facilities including but not limited to Lift(s), Transformer(s), DG Set(s) and Façade etc. and super structure of the Project ("Maintenance Corpus/Sinking Fund"). If the amount required for such major repairs and replacement as afore stated falls short, then, the Allottee will be required to pay the additional amount as demanded by the Promoter or its nominated agency(ies), as the case may be. The Allottee will be required to replenish their contribution towards Maintenance Corpus Fund on receipt of intimation of such utilization from time to time. The interest accrued from the Maintenance Corpus/Sinking Fund shall be credited to the Maintenance Corpus/Sinking Fund. If the monies lying in the Maintenance Corpus/Sinking Fund and accrued interest thereon are not sufficient to cover up the costs of major repairs/ replacements of equipments, the Promoter or its nominated agency(ies), as the case may be, will be entitled to recover additional money from the allottee(s) to meet the deficiency. 11.8 The Promoter shall provide provision for intercom/ high speed broadband/ other similar telecom to the Project and/or may enter into agreement /contract (on such terms and conditions and for such period as the Promoter shall decide) with service providers of its choice for providing these services and/or for the purpose for putting up installations to provide such services in certain specified spaces (both open or covered or both earmarked/ demarcated by the Promoter within the Project and which would be declared to be common facilities by the Vendors. 11.9 Failure to pay Maintenance Charges within due dates may result in withdrawal/ restrictions/ disconnections/discontinuation of the respective common services to the Allottee and will make the Allottee, liable to pay interest at 18% per annum on the outstanding dues for the period of the delay, calculated from the due date till the date of actual payment.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE BUILDING /APARTMENT / PROJECT. 11.1 (i) The Promoter shall take steps for formation of the Association. Any association, company, syndicate, committee, body or society formed by any of the Apartment Owners without the participation of the Vendors shall not be responsible entitled to provide be recognised by the Vendors and maintain essential services in shall not have any right to represent the Project till Apartment Owners or to raise any issue relating to the offer Building or the Premises. The maintenance of the Premises shall be made over to the Association to take within the time mentioned in the West Bengal Apartment Ownership Act, 1972 and upon such formation the Association shall be responsible for the maintenance of the Building and the Premises and for timely renewal of all permissions, licenses, etc. After handing over of the maintenance of the Project upon Premises to the issuance Association, the Promoter shall transfer and make over the Deposits to the Association after adjusting its dues, if any.
(ii) All the Apartment Owners as also the Allottee herein shall become members of the Partial or Full Occupancy/Completion Certificate Association without raising any objection whatsoever and abide by all the rules, regulations, restrictions and bye-laws as be framed and/or made applicable by the Promoter.
(iii) All papers and documents relating to the formation of the ProjectAssociation shall be got prepared and finalised by the Promoter and the Allottee hereby consents to accept and sign the same.
(iv) The employees of the Maintenance Agency for the common purposes such as watchmen, security staff, caretaker, liftmen, sweepers etc. The cost of such maintenance has not been included shall be employed and/or absorbed in the Total Price/Agreed Consideration employment of the Association with continuity of service on the same terms and conditions of employment subsisting with the Maintenance Agency and the Purchaser hereby consents to the same and shall not be entitled to raise any objection thereto.
(v) The rules and regulations of the Association shall not be inconsistent and/or contrary to the provisions and/or covenants contained herein which provisions and covenants shall, in any event, have an overriding effect and any contrary rules, regulations and/or amendments of the Association shall be void ab initio.
(vi) All costs, charges and expenses relating to the formation and functioning of the Association shall be borne and paid by all Apartment Owners of the Building including the Allottee herein.
(vii) The rights of the Promoter, the Maintenance Agency and the Association relating to certain matters are more fully specified in Schedule L and the Allottee has irrevocably agreed to be bound by the same.
(viii) The Allottee shall from the Date of Possession, use and enjoy the said Apartment Unit in the manner not inconsistent with the Allottee’s rights hereunder and without committing any breach, default or creating any hindrance relating to the rights of any other Apartment Owner and/or the Vendors.
(ix) The obligations and covenants of the Allottee in respect of the user, maintenance and enjoyment of the said Apartment Unit, the Common Areas, the Building and the Premises including payment of Maintenance Charges, electricity charges, corporation and other taxes and other outgoings are more fully specified in Clause 15 and Schedule J and the same shall be binding on the Allottee. It is expressly made clear that after issue of the Notice for Possession all costs, expenses and outgoings in respect of the said Apartment Unit including for Maintenance Charges, electricity charges, corporation taxes and other outgoings, charges, rates, taxes, levies, cess, deposits including security deposits or assessments pertaining to the said Apartment Unit, shall become payable by the Allottee from the date of issuance of the Completion Certificate notwithstanding anything to the contrary contained in Clause15 or elsewhere in this Agreement. Such liability shall continue till the same is paid by the Allottee or the Agreement/ Allotment is cancelled/terminated.
(x) The maintenance charges and proportionate Common Expenses shall be paid by the Allottee as agreed with irrespective of whether or not the Promoter.
11.2 Unless otherwise agreed/offered by Allottee uses or is entitled to or is able to use any or all of the Promoter, Common Areas and any non-user or non-requirement in respect of any Common Areas or parking facility (if so granted) shall not be nor be claimed to be a ground for non-payment or decrease in the liability to pay Maintenance Charges will commence after 30 days from the issue date of Notice for Possession. The present Maintenance Charges (calculated on a reasonable basis considering all the inputs including but not limited to current electricity tariff, diesel rate, minimum wages and Annual Maintenance Charges (AMCs) of common electromechanical equipment and also a reasonable return on the efforts made by the Promoter to render these common services and facilities as also the maintenance fee @ 5% of such Maintenance Charges as mentioned elsewhere in this agreement) shall be payable by the Allottee to the Promoter (“Common Area Maintenance Charge”). The Common Area Maintenance Charge shall be paid quarterly by the Allottee. The Allottee undertakes to make such payments as and when Invoices raised by the Promoter after obtaining Partial or Full Occupancy / Completion Certificate.
11.3 The Common Areas Maintenance Charge shall be increased from time to time on account of any increase in power tariff, diesel rates, wage enhancement, AMCs, plant and machinery expenses or any other input/s of maintenance activities, carried out by the Promoter or its nominated agency(ies), as the case may be. The Common Areas Maintenance Charge, in case of substantial increase in power tariff, diesel rate, daily wages and other inputs of maintenance may undergo interim increase.
11.4 The Apartment allotted herein has been designed for
11.5 If the Allottee fails to pay the dues/outstanding amounts of any part/portion thereof as mentioned in the Notice for Possession within the deemed Date of Possession, that is the expiry of the period of 30 (thirty) days from the date of the Promoter giving Notice for Possession of the Apartment to the Allottee AND/OR if the Allottee does not take over the possession of the Apartment even after making the payment of the said dues/outstanding amounts as mentioned in the Notice for Possession within the deemed Date of Possession (as mentioned above), in such event the Allottee shall be liable to pay Maintenance Charges after 30 days from the issue date of Notice for Possession or as per the Invoice raised by the Promoter or it's nominated agency(ies), as the case may be, and also the proportionate panchayet taxes in respect of the Apartment wholly and for said proportionate common expenses and/or maintenance charge.
(xi) The certified copies of title deeds relating exclusively to the Common Area proportionately from Premises that are available with the deemed Date of Possession as mentioned in the Notice for Possession Vendors along with related documents and certified copy of Plans of the Holding Charges as mentioned hereinaboveBuilding shall be handed over by the Vendors to the Association within 3 (three) months of handing over of maintenance of the Building to the Association.
11.6 (xii) From the date of offering the handing over of maintenance to the Association, the Vendors shall not have any responsibility whatsoever regarding the Building and the Premises and/or any maintenance, security, safety or operations including relating to fire fighting equipment and fire safety measures, lift operations, generator operations, electrical equipment, meters and connection, etc and/or for any statutory compliances, permissions and licenses regarding the Premises and/or any equipment installed and/or required to be installed therein. The Allottee, as per Schedule G, Part II same shall deposit an interest free amount of Rs.3/- per square feet per month towards advance maintenance charges in respect of Chargeable Area be the exclusive responsibility of the Apartment ("Advance Maintenance Charges”) which amount will be one of the amounts payable towards the consideration of the Unit. However, Owners including the Allottee undertakes and/or the Association who shall also ensure continuous compliance with all statutory rules, regulations and norms including in particular relating to make necessary payments over fire fighting and above such Advance Maintenance Chargessafety, if necessarylift and generator operations, for such maintenance as fixed by the Promoter at actuals.
11.7 The Allottee, as per Schedule G, Part II shall pay an amount of Rs.30/- per square feet towards Maintenance Corpus/Sinking Fund of the Unit towards major repair, maintenance and replacement of infrastructure facilities including but not limited to Lift(s), Transformer(s), DG Set(s) and Façade etc. and super structure of the Project ("Maintenance Corpus/Sinking Fund")obtaining and/or renewing all necessary permissions and licenses. If the amount required for such major repairs and replacement as afore stated falls short, then, The Apartment Owners including the Allottee will be required to pay and/or the additional amount as demanded Association shall take steps and get transferred all necessary permissions and licenses in their names including lift license, generator license, fire license etc. and the Vendors shall sign necessary papers upon being requested by the Promoter them in writing. In case of any default or its nominated agency(ies), as the case may be. The Allottee will be required to replenish their contribution towards Maintenance Corpus Fund on receipt of intimation of such utilization from time to time. The interest accrued from the Maintenance Corpus/Sinking Fund shall be credited to the Maintenance Corpus/Sinking Fund. If the monies lying negligence and/or in the Maintenance Corpus/Sinking Fund and accrued interest thereon are not sufficient event of any accident taking place subsequent to cover up the costs of major repairs/ replacements of equipments, the Promoter or its nominated agency(ies), as the case may be, will be entitled to recover additional money from the allottee(s) to meet the deficiency.
11.8 The Promoter shall provide provision for intercom/ high speed broadband/ other similar telecom to the Project and/or may enter into agreement /contract (on such terms and conditions and for such period as the Promoter shall decide) with service providers of its choice for providing these services and/or for the purpose for putting up installations to provide such services in certain specified spaces (both open or covered or both earmarked/ demarcated by the Promoter within the Project and which would be declared to be common facilities by the Vendors.
11.9 Failure to pay Maintenance Charges within due dates may result in withdrawal/ restrictions/ disconnections/discontinuation of the respective common services to the Allottee and will make the Allottee, liable to pay interest at 18% per annum on the outstanding dues for the period of the delay, calculated from the due date till the date of actual paymentoffering the handing over of maintenance, the Vendors and/or their directors, employees or agents shall not have any liability or responsibility whatsoever under any circumstance.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE BUILDING /APARTMENT / PROJECT. 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project till the offer to the Association to take over of the maintenance of the Project project upon the issuance of the Partial or Full Occupancy/Completion Certificate completion certificate of the Projectproject. The cost of such maintenance has not been included in the Total Price/Agreed Consideration Price of the said Apartment and the same shall be paid by the Allottee as agreed with the Promoter
11.2 The Promoter shall take steps for formation of the Association. Any association, company, syndicate, committee, body or society formed by any of the Unit Owners without the participation of the Promoter shall not be entitled to be recognized by the Promoter and shall not have any right to represent the Unit Owners or to raise any issue relating to the Buildings or the Premises. The maintenance of the Premises shall be made over to the Association within the time mentioned in the West Bengal Apartment Ownership Act, 1972 and upon such formation the Association shall be responsible for the maintenance of the Buildings and the Premises and for timely renewal of all permissions, licenses, etc. After handing over of the maintenance of the Premises to the Association, the Promoter shall transfer and make over the Deposits to the Association after adjusting its dues, if any.
11.2 Unless otherwise agreed/offered 11.3 All the Unit Owners including the Unit Owners of the Commercial Units as also the Allottee herein shall become members of the Association without raising any objection whatsoever and abide by all the rules, regulations, restrictions and bye-laws as be framed and/or made applicable by the Promoter, .
11.4 All papers and documents relating to the liability to pay Maintenance Charges will commence after 30 days from formation of the issue date of Notice for Possession. The present Maintenance Charges (calculated on a reasonable basis considering all the inputs including but not limited to current electricity tariff, diesel rate, minimum wages Association shall be got prepared and Annual Maintenance Charges (AMCs) of common electromechanical equipment and also a reasonable return on the efforts made finalized by the Promoter to render these common services and facilities as also the maintenance fee @ 5% of such Maintenance Charges as mentioned elsewhere in this agreement) shall be payable by the Allottee hereby consents to accept and sign the same.
11.5 The rules and regulations of the Association shall not be inconsistent and/or contrary to the Promoter (“Common Area Maintenance Charge”). The Common Area Maintenance Charge shall be paid quarterly by the Allottee. The Allottee undertakes to make such payments as provisions and/or covenants contained herein which provisions and when Invoices raised by the Promoter after obtaining Partial or Full Occupancy / Completion Certificate.
11.3 The Common Areas Maintenance Charge shall be increased from time to time on account of any increase in power tariff, diesel rates, wage enhancement, AMCs, plant and machinery expenses or any other input/s of maintenance activities, carried out by the Promoter or its nominated agency(ies), as the case may be. The Common Areas Maintenance Chargecovenants shall, in case of substantial increase in power tariffany event, diesel rate, daily wages and other inputs of maintenance may undergo interim increase.
11.4 The Apartment allotted herein has been designed for
11.5 If the Allottee fails to pay the dues/outstanding amounts of any part/portion thereof as mentioned in the Notice for Possession within the deemed Date of Possession, that is the expiry of the period of 30 (thirty) days from the date of the Promoter giving Notice for Possession of the Apartment to the Allottee AND/OR if the Allottee does not take over the possession of the Apartment even after making the payment of the said dues/outstanding amounts as mentioned in the Notice for Possession within the deemed Date of Possession (as mentioned above), in such event the Allottee shall be liable to pay Maintenance Charges after 30 days from the issue date of Notice for Possession or as per the Invoice raised by the Promoter or it's nominated agency(ies), as the case may be, and also the proportionate panchayet taxes in respect of the Apartment wholly and for the Common Area proportionately from the deemed Date of Possession as mentioned in the Notice for Possession along with the Holding Charges as mentioned hereinabovehave an overriding effect.
11.6 The AllotteeAll costs, as per Schedule G, Part II shall deposit an interest free amount of Rs.3/- per square feet per month towards advance maintenance charges in respect of Chargeable Area and expenses relating to the formation and functioning of the Association shall be borne and paid by all Apartment ("Advance Maintenance Charges”) which amount will be one Owners of the amounts payable towards the consideration of the Unit. However, Buildings including the Allottee undertakes to make necessary payments over and above such Advance Maintenance Charges, if necessary, for such maintenance as fixed by the Promoter at actualsherein.
11.7 The Allottee, as per Schedule G, Part II shall pay an amount of Rs.30/- per square feet towards Maintenance Corpus/Sinking Fund rights of the Unit towards major repair, maintenance and replacement of infrastructure facilities including but not limited to Lift(s), Transformer(s), DG Set(s) and Façade etc. and super structure of the Project ("Maintenance Corpus/Sinking Fund"). If the amount required for such major repairs and replacement as afore stated falls short, thenVendors, the Maintenance Agency and the Association relating to certain matters are more fully specified in Eleventh Schedule and the Allottee will has irrevocably agreed to be required to pay the additional amount as demanded bound by the Promoter or its nominated agency(ies), as the case may be. The Allottee will be required to replenish their contribution towards Maintenance Corpus Fund on receipt of intimation of such utilization from time to time. The interest accrued from the Maintenance Corpus/Sinking Fund shall be credited to the Maintenance Corpus/Sinking Fund. If the monies lying in the Maintenance Corpus/Sinking Fund and accrued interest thereon are not sufficient to cover up the costs of major repairs/ replacements of equipments, the Promoter or its nominated agency(ies), as the case may be, will be entitled to recover additional money from the allottee(s) to meet the deficiencysame.
11.8 The Promoter Allottee shall provide provision for intercom/ high speed broadband/ other similar telecom from the Date of Completion, use and enjoy the said Apartment Unit in the manner not inconsistent with the Allottee’s rights hereunder and without committing any breach, default or creating any hindrance relating to the Project rights of any other Unit Owner and/or may enter into agreement /contract (on such terms and conditions and for such period as the Promoter shall decide) with service providers of its choice for providing these services and/or for the purpose for putting up installations to provide such services in certain specified spaces (both open or covered or both earmarked/ demarcated by the Promoter within the Project and which would be declared to be common facilities by the Vendors.
11.9 Failure to pay Maintenance Charges within due dates may result in withdrawal/ restrictions/ disconnections/discontinuation The obligations and covenants of the respective common services Allottee in respect of the user, maintenance and enjoyment of the said Apartment Unit, the Common Areas, the Buildings and the Premises including payment of Maintenance Charges, electricity charges, corporation and other taxes and other outgoings are more fully specified in Clause15 and Schedule J and the same shall be binding on the Allottee. It is expressly made clear that after issue of the Notice for Possession all costs, expenses and outgoings in respect of the said Apartment Unit including for Maintenance Charges, electricity charges, corporation taxes and other outgoings, charges, rates, taxes, levies, Cess, deposits including security deposits or assessments pertaining to the said Apartment Unit, shall become payable by the Allottee and will make the Allottee, liable to pay interest at 18% per annum on the outstanding dues for the period of the delay, calculated from the due date till the date of actual paymentissuance of the Completion Certificate notwithstanding anything to the contrary contained in Clause15 or elsewhere in this Agreement. Such liability shall continue till the same is paid by the Allottee or the Agreement/ Allotment is cancelled/terminated.
11.10 The maintenance charges and proportionate Common Expenses shall be paid by the Allottee irrespective of whether or not the Allottee uses or is entitled to or is able to use any or all of the Common Areas and any non-user or non-requirement in respect of any Common Areas or parking facility (if so granted) shall not be nor be claimed to be a ground for non-payment or decrease in the liability of payment of the Allottee in respect of the said proportionate common expenses and/or maintenance charge.
11.11 From the date of offering the handing over of maintenance to the Association, the Vendors shall not have any responsibility whatsoever regarding the Buildings and the Premises and/or any maintenance, security, safety or operations including relating to firefighting equipment and fire safety measures, lift operations, generator operations, electrical equipment, meters and connection, etc. and/or for any statutory compliances, permissions and licenses regarding the Premises and/or any equipment installed and/or required to be installed therein. The same shall be the exclusive responsibility of the Unit Owners including the Allottee and/or the Association who shall also ensure continuous compliance with all statutory rules, regulations and norms including in particular relating to fire fighting and safety, lift and generator operations, etc. and obtaining and/or renewing all necessary permissions and licenses. The Unit Owners including the Allottee and/or the Association shall take steps and get transferred all necessary permissions and licenses in their names including lift license, generator license, fire license etc. and the Vendors shall sign necessary papers upon being requested by them in writing. In case of any default or negligence and/or in the event of any accident taking place subsequent to the date of handing over of maintenance, the Vendors and/or their directors, employees or agents shall not have any liability or responsibility whatsoever under any circumstance.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE BUILDING /APARTMENT / PROJECT. 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project till the offer to the Association to take over of the maintenance of the Project project upon the issuance of the Partial or Full Occupancy/Completion Certificate completion certificate of the Projectproject. The cost of such maintenance has not been included in the Total Price/Agreed Consideration Price of the said Apartment and the same shall be paid by the Allottee as agreed with the Promoter
11.2 The Promoter shall take steps for formation of the Association. Any association, company, syndicate, committee, body or society formed by any of the Apartment Owners without the participation of the Vendors shall not be entitled to be recognised by the Vendors and shall not have any right to represent the Apartment Owners or to raise any issue relating to the Building or the Premises. The maintenance of the Premises shall be made over to the Association within the time mentioned in the West Bengal Apartment Ownership Act, 1972 and upon such formation the Association shall be responsible for the maintenance of the Building and the Premises and for timely renewal of all permissions, licenses, etc. After handing over of the maintenance of the Premises to the Association, the Promoter shall transfer and make over the Deposits to the Association after adjusting its dues, if any.
11.2 Unless otherwise agreed/offered 11.3 All the Apartment Owners as also the Allottee herein shall become members of the Association without raising any objection whatsoever and abide by all the rules, regulations, restrictions and bye-laws as be framed and/or made applicable by the Promoter.
11.4 All papers and documents relating to the formation of the Association shall be got prepared and finalised by the Promoter and the Allottee hereby consents to accept and sign the same.
11.5 The employees of the Maintenance Agency for the common purposes such as watchmen, security staff, caretaker, liftmen, sweepers etc. shall be employed and/or absorbed in the employment of the Association with continuity of service on the same terms and conditions of employment subsisting with the Maintenance Agency and the Purchaser hereby consents to the same and shall not be entitled to raise any objection thereto.
11.6 The rules and regulations of the Association shall not be inconsistent and/or contrary to the provisions and/or covenants contained herein which provisions and covenants shall, in any event, have an overriding effect and any contrary rules, regulations and/or amendments of the Association shall be void ab initio.
11.7 All costs, charges and expenses relating to the formation and functioning of the Association shall be borne and paid by all Apartment Owners of the Building including the Allottee herein.
11.8 The rights of the Promoter, the liability Maintenance Agency and the Association relating to pay Maintenance Charges will commence after 30 days certain matters are more fully specified in Schedule L and the Allottee has irrevocably agreed to be bound by the same.
11.9 The Allottee shall from the Date of Completion, use and enjoy the said Apartment Unit in the manner not inconsistent with the Allottee’s rights hereunder and without committing any breach, default or creating any hindrance relating to the rights of any other Apartment Owner and/or the Vendors.
11.10 The obligations and covenants of the Allottee in respect of the user, maintenance and enjoyment of the said Apartment Unit, the Common Areas, the Buildings and the Premises including payment of Maintenance Charges, electricity charges, corporation and other taxes and other outgoings are more fully specified in Clause15 and Schedule J and the same shall be binding on the Allottee. It is expressly made clear that after issue date of the Notice for Possession. The present Possession all costs, expenses and outgoings in respect of the said Apartment Unit including for Maintenance Charges (calculated on a reasonable basis considering all Charges, electricity charges, corporation taxes and other outgoings, charges, rates, taxes, levies, cess, deposits including security deposits or assessments pertaining to the inputs including but not limited to current electricity tariffsaid Apartment Unit, diesel rate, minimum wages and Annual Maintenance Charges (AMCs) of common electromechanical equipment and also a reasonable return on the efforts made by the Promoter to render these common services and facilities as also the maintenance fee @ 5% of such Maintenance Charges as mentioned elsewhere in this agreement) shall be become payable by the Allottee to the Promoter (“Common Area Maintenance Charge”). The Common Area Maintenance Charge shall be paid quarterly by the Allottee. The Allottee undertakes to make such payments as and when Invoices raised by the Promoter after obtaining Partial or Full Occupancy / Completion Certificate.
11.3 The Common Areas Maintenance Charge shall be increased from time to time on account of any increase in power tariff, diesel rates, wage enhancement, AMCs, plant and machinery expenses or any other input/s of maintenance activities, carried out by the Promoter or its nominated agency(ies), as the case may be. The Common Areas Maintenance Charge, in case of substantial increase in power tariff, diesel rate, daily wages and other inputs of maintenance may undergo interim increase.
11.4 The Apartment allotted herein has been designed for
11.5 If the Allottee fails to pay the dues/outstanding amounts of any part/portion thereof as mentioned in the Notice for Possession within the deemed Date of Possession, that is the expiry of the period of 30 (thirty) days from the date of the Promoter giving Notice for Possession issuance of the Apartment Completion Certificate notwithstanding anything to the Allottee AND/OR if contrary contained in Clause15 or elsewhere in this Agreement. Such liability shall continue till the same is paid by the Allottee does not take over or the possession of the Apartment even after making the payment of the said duesAgreement/ Allotment is cancelled/outstanding amounts as mentioned in the Notice for Possession within the deemed Date of Possession (as mentioned above), in such event the Allottee shall be liable to pay Maintenance Charges after 30 days from the issue date of Notice for Possession or as per the Invoice raised by the Promoter or it's nominated agency(ies), as the case may be, and also the proportionate panchayet taxes in respect of the Apartment wholly and for the Common Area proportionately from the deemed Date of Possession as mentioned in the Notice for Possession along with the Holding Charges as mentioned hereinaboveterminated.
11.6 The Allottee, as per Schedule G, Part II shall deposit an interest free amount of Rs.3/- per square feet per month towards advance maintenance charges in respect of Chargeable Area of the Apartment ("Advance Maintenance Charges”) which amount will be one of the amounts payable towards the consideration of the Unit. However, the Allottee undertakes to make necessary payments over and above such Advance Maintenance Charges, if necessary, for such maintenance as fixed by the Promoter at actuals.
11.7 The Allottee, as per Schedule G, Part II shall pay an amount of Rs.30/- per square feet towards Maintenance Corpus/Sinking Fund of the Unit towards major repair, maintenance and replacement of infrastructure facilities including but not limited to Lift(s), Transformer(s), DG Set(s) and Façade etc. and super structure of the Project ("Maintenance Corpus/Sinking Fund"). If the amount required for such major repairs and replacement as afore stated falls short, then, the Allottee will be required to pay the additional amount as demanded by the Promoter or its nominated agency(ies), as the case may be. The Allottee will be required to replenish their contribution towards Maintenance Corpus Fund on receipt of intimation of such utilization from time to time. The interest accrued from the Maintenance Corpus/Sinking Fund shall be credited to the Maintenance Corpus/Sinking Fund. If the monies lying in the Maintenance Corpus/Sinking Fund and accrued interest thereon are not sufficient to cover up the costs of major repairs/ replacements of equipments, the Promoter or its nominated agency(ies), as the case may be, will be entitled to recover additional money from the allottee(s) to meet the deficiency.
11.8 The Promoter shall provide provision for intercom/ high speed broadband/ other similar telecom to the Project and/or may enter into agreement /contract (on such terms and conditions and for such period as the Promoter shall decide) with service providers of its choice for providing these services and/or for the purpose for putting up installations to provide such services in certain specified spaces (both open or covered or both earmarked/ demarcated by the Promoter within the Project and which would be declared to be common facilities by the Vendors.
11.9 Failure to pay Maintenance Charges within due dates may result in withdrawal/ restrictions/ disconnections/discontinuation of the respective common services to the Allottee and will make the Allottee, liable to pay interest at 18% per annum on the outstanding dues for the period of the delay, calculated from the due date till the date of actual payment.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE BUILDING /APARTMENT / PROJECT. 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project till the offer to the Association to take over of the maintenance of the Project project upon the issuance of the Partial or Full Occupancy/Completion Certificate completion certificate of the Projectproject. The cost of such maintenance has not been included in the Total Price/Agreed Consideration Price of the said Apartment and the same shall be paid by the Allottee as agreed with the Promoter
11.2 The Promoter shall take steps for formation of the Association. Any association, company, syndicate, committee, body or society formed by any of the Unit Owners without the participation of the Promoter shall not be entitled to be recognised by the Promoter and shall not have any right to represent the Unit Owners or to raise any issue relating to the Buildings or the Premises. The maintenance of the Premises shall be made over to the Association within the time mentioned in the West Bengal Apartment Ownership Act, 1972 and upon such formation the Association shall be responsible for the maintenance of the Buildings and the Premises and for timely renewal of all permissions, licenses, etc. After handing over of the maintenance of the Premises to the Association, the Promoter shall transfer and make over the Deposits to the Association after adjusting its dues, if any.
11.2 Unless otherwise agreed/offered 11.3 All the Unit Owners including the Unit Owners of the Commercial Units as also the Allottee herein shall become members of the Association without raising any objection whatsoever and abide by all the rules, regulations, restrictions and bye-laws as be framed and/or made applicable by the Promoter, .
11.4 All papers and documents relating to the liability to pay Maintenance Charges will commence after 30 days from formation of the issue date of Notice for Possession. The present Maintenance Charges (calculated on a reasonable basis considering all the inputs including but not limited to current electricity tariff, diesel rate, minimum wages Association shall be got prepared and Annual Maintenance Charges (AMCs) of common electromechanical equipment and also a reasonable return on the efforts made finalised by the Promoter to render these common services and facilities as also the maintenance fee @ 5% of such Maintenance Charges as mentioned elsewhere in this agreement) shall be payable by the Allottee hereby consents to accept and sign the same.
11.5 The rules and regulations of the Association shall not be inconsistent and/or contrary to the Promoter (“Common Area Maintenance Charge”). The Common Area Maintenance Charge shall be paid quarterly by the Allottee. The Allottee undertakes to make such payments as provisions and/or covenants contained herein which provisions and when Invoices raised by the Promoter after obtaining Partial or Full Occupancy / Completion Certificate.
11.3 The Common Areas Maintenance Charge shall be increased from time to time on account of any increase in power tariff, diesel rates, wage enhancement, AMCs, plant and machinery expenses or any other input/s of maintenance activities, carried out by the Promoter or its nominated agency(ies), as the case may be. The Common Areas Maintenance Chargecovenants shall, in case of substantial increase in power tariffany event, diesel rate, daily wages and other inputs of maintenance may undergo interim increase.
11.4 The Apartment allotted herein has been designed for
11.5 If the Allottee fails to pay the dues/outstanding amounts of any part/portion thereof as mentioned in the Notice for Possession within the deemed Date of Possession, that is the expiry of the period of 30 (thirty) days from the date of the Promoter giving Notice for Possession of the Apartment to the Allottee AND/OR if the Allottee does not take over the possession of the Apartment even after making the payment of the said dues/outstanding amounts as mentioned in the Notice for Possession within the deemed Date of Possession (as mentioned above), in such event the Allottee shall be liable to pay Maintenance Charges after 30 days from the issue date of Notice for Possession or as per the Invoice raised by the Promoter or it's nominated agency(ies), as the case may be, and also the proportionate panchayet taxes in respect of the Apartment wholly and for the Common Area proportionately from the deemed Date of Possession as mentioned in the Notice for Possession along with the Holding Charges as mentioned hereinabovehave an overriding effect.
11.6 The AllotteeAll costs, as per Schedule G, Part II shall deposit an interest free amount of Rs.3/- per square feet per month towards advance maintenance charges in respect of Chargeable Area and expenses relating to the formation and functioning of the Apartment ("Advance Maintenance Charges”) which amount will Association shall be one borne and paid by all Unit Owners of the amounts payable towards the consideration of the Unit. However, Buildings including the Allottee undertakes to make necessary payments over and above such Advance Maintenance Charges, if necessary, for such maintenance as fixed by the Promoter at actualsherein.
11.7 The Allottee, as per Schedule G, Part II shall pay an amount of Rs.30/- per square feet towards Maintenance Corpus/Sinking Fund rights of the Unit towards major repair, maintenance and replacement of infrastructure facilities including but not limited to Lift(s), Transformer(s), DG Set(s) and Façade etc. and super structure of the Project ("Maintenance Corpus/Sinking Fund"). If the amount required for such major repairs and replacement as afore stated falls short, thenVendors, the Maintenance Agency and the Association relating to certain matters are more fully specified in Schedule L and the Allottee will has irrevocably agreed to be required to pay the additional amount as demanded bound by the Promoter or its nominated agency(ies), as the case may be. The Allottee will be required to replenish their contribution towards Maintenance Corpus Fund on receipt of intimation of such utilization from time to time. The interest accrued from the Maintenance Corpus/Sinking Fund shall be credited to the Maintenance Corpus/Sinking Fund. If the monies lying in the Maintenance Corpus/Sinking Fund and accrued interest thereon are not sufficient to cover up the costs of major repairs/ replacements of equipments, the Promoter or its nominated agency(ies), as the case may be, will be entitled to recover additional money from the allottee(s) to meet the deficiencysame.
11.8 The Promoter Allottee shall provide provision for intercom/ high speed broadband/ other similar telecom from the Date of Completion, use and enjoy the said Apartment Unit in the manner not inconsistent with the Allottee’s rights hereunder and without committing any breach, default or creating any hindrance relating to the Project rights of any other Unit Owner and/or may enter into agreement /contract (on such terms and conditions and for such period as the Promoter shall decide) with service providers of its choice for providing these services and/or for the purpose for putting up installations to provide such services in certain specified spaces (both open or covered or both earmarked/ demarcated by the Promoter within the Project and which would be declared to be common facilities by the Vendors.
11.9 Failure to pay Maintenance Charges within due dates may result in withdrawal/ restrictions/ disconnections/discontinuation The obligations and covenants of the respective common services Allottee in respect of the user, maintenance and enjoyment of the said Apartment Unit,the Common Areas, the Buildings and the Premises including payment of Maintenance Charges, electricity charges, corporation and other taxes and other outgoings are more fully specified in Clause15 and Schedule J and the same shall be binding on the Allottee. It is expressly made clear that after issue of the Notice for Possession all costs, expenses and outgoings in respect of the said Apartment Unit including for Maintenance Charges, electricity charges, corporation taxes and other outgoings, charges, rates, taxes, levies, cess, deposits including security deposits or assessments pertaining to the said Apartment Unit, shall become payable by the Allottee and will make the Allottee, liable to pay interest at 18% per annum on the outstanding dues for the period of the delay, calculated from the due date till the date of actual paymentissuance of the Completion Certificate notwithstanding anything to the contrary contained in Clause15 or elsewhere in this Agreement. Such liability shall continue till the same is paid by the Allottee or the Agreement/ Allotment is cancelled/terminated.
11.10 The maintenance charges and proportionate Common Expenses shall be paid by the Allottee irrespective of whether or not the Allottee uses or is entitled to or is able to use any or all of the Common Areas and any non-user or non- requirement in respect of any Common Areas or parking facility (if so granted) shall not be nor be claimed to be a ground for non-payment or decrease in the liability of payment of the Allottee in respect of the said proportionate common expenses and/or maintenance charge.
11.11 From the date of offering the handing over of maintenance to the Association, the Vendors shall not have any responsibility whatsoever regarding the Buildings and the Premises and/or any maintenance, security, safety or operations including relating to fire fighting equipment and fire safety measures, lift operations, generator operations, electrical equipment, meters and connection, etc and/or for any statutory compliances, permissions and licenses regarding the Premises and/or any equipment installed and/or required to be installed therein. The same shall be the exclusive responsibility of the Unit Owners including the Allottee and/or the Association who shall also ensure continuous compliance with all statutory rules, regulations and norms including in particular relating to fire fighting and safety, lift and generator operations, etc. and obtaining and/or renewing all necessary permissions and licenses. The Unit Owners including the Allottee and/or the Association shall take steps and get transferred all necessary permissions and licenses in their names including lift license, generator license, fire license etc. and the Vendors shall sign necessary papers upon being requested by them in writing. In case of any default or negligence and/or in the event of any accident taking place subsequent to the date of handing over of maintenance, the Vendors and/or their directors, employees or agents shall not have any liability or responsibility whatsoever under any circumstance.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE BUILDING /APARTMENT / PROJECT. 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project till the offer to the Association to take over of the maintenance of the Project project upon the issuance of the Partial or Full Occupancy/Completion Certificate completion certificate of the Projectproject. The cost of such maintenance has not been included in the Total Price/Agreed Consideration Price of the said Apartment and the same shall be paid by the Allottee as agreed with the Promoter.
11.2 Unless otherwise agreed/offered The Promoter shall take steps for formation of the Association. Any association, company, syndicate, committee, body or society formed by any of the Apartment Owners without the participation of the Vendors shall not be entitled to be recognised by the PromoterVendors and shall not have any right to represent the Apartment Owners or to raise any issue relating to the Building or the Premises. The maintenance of the Premises shall be made over to the Association within the time mentioned in the West Bengal Apartment Ownership Act, 1972 and upon such formation the Association shall be responsible for the maintenance of the Building and the Premises and for timely renewal of all permissions, licenses, etc. After handing over of the maintenance of the Premises to the Association, the liability Promoter shall transfer and make over the Deposits to pay Maintenance Charges will commence the Association after 30 days from adjusting its dues, if any.
11.3 All the issue date of Notice for Possession. The present Maintenance Charges (calculated on a reasonable basis considering all the inputs including but not limited to current electricity tariff, diesel rate, minimum wages and Annual Maintenance Charges (AMCs) of common electromechanical equipment and also a reasonable return on the efforts made by the Promoter to render these common services and facilities Apartment Owners as also the maintenance fee @ 5% of such Maintenance Charges as mentioned elsewhere in this agreement) Allottee herein shall be payable by the Allottee to the Promoter (“Common Area Maintenance Charge”). The Common Area Maintenance Charge shall be paid quarterly by the Allottee. The Allottee undertakes to make such payments as and when Invoices raised by the Promoter after obtaining Partial or Full Occupancy / Completion Certificate.
11.3 The Common Areas Maintenance Charge shall be increased from time to time on account of any increase in power tariff, diesel rates, wage enhancement, AMCs, plant and machinery expenses or any other input/s of maintenance activities, carried out by the Promoter or its nominated agency(ies), as the case may be. The Common Areas Maintenance Charge, in case of substantial increase in power tariff, diesel rate, daily wages and other inputs of maintenance may undergo interim increase.
11.4 The Apartment allotted herein has been designed for
11.5 If the Allottee fails to pay the dues/outstanding amounts of any part/portion thereof as mentioned in the Notice for Possession within the deemed Date of Possession, that is the expiry become members of the period of 30 (thirty) days from Association without raising any objection whatsoever and abide by all the date of the Promoter giving Notice for Possession of the Apartment to the Allottee AND/OR if the Allottee does not take over the possession of the Apartment even after making the payment of the said dues/outstanding amounts rules, regulations, restrictions and bye-laws as mentioned in the Notice for Possession within the deemed Date of Possession (as mentioned above), in such event the Allottee shall be liable to pay Maintenance Charges after 30 days from the issue date of Notice for Possession or as per the Invoice raised by the Promoter or it's nominated agency(ies), as the case may be, and also the proportionate panchayet taxes in respect of the Apartment wholly and for the Common Area proportionately from the deemed Date of Possession as mentioned in the Notice for Possession along with the Holding Charges as mentioned hereinabove.
11.6 The Allottee, as per Schedule G, Part II shall deposit an interest free amount of Rs.3/- per square feet per month towards advance maintenance charges in respect of Chargeable Area of the Apartment ("Advance Maintenance Charges”) which amount will be one of the amounts payable towards the consideration of the Unit. However, the Allottee undertakes to make necessary payments over and above such Advance Maintenance Charges, if necessary, for such maintenance as fixed by the Promoter at actuals.
11.7 The Allottee, as per Schedule G, Part II shall pay an amount of Rs.30/- per square feet towards Maintenance Corpus/Sinking Fund of the Unit towards major repair, maintenance and replacement of infrastructure facilities including but not limited to Lift(s), Transformer(s), DG Set(s) and Façade etc. and super structure of the Project ("Maintenance Corpus/Sinking Fund"). If the amount required for such major repairs and replacement as afore stated falls short, then, the Allottee will be required to pay the additional amount as demanded by the Promoter or its nominated agency(ies), as the case may be. The Allottee will be required to replenish their contribution towards Maintenance Corpus Fund on receipt of intimation of such utilization from time to time. The interest accrued from the Maintenance Corpus/Sinking Fund shall be credited to the Maintenance Corpus/Sinking Fund. If the monies lying in the Maintenance Corpus/Sinking Fund and accrued interest thereon are not sufficient to cover up the costs of major repairs/ replacements of equipments, the Promoter or its nominated agency(ies), as the case may be, will be entitled to recover additional money from the allottee(s) to meet the deficiency.
11.8 The Promoter shall provide provision for intercom/ high speed broadband/ other similar telecom to the Project framed and/or may enter into agreement /contract (on such terms and conditions and for such period as the Promoter shall decide) with service providers of its choice for providing these services and/or for the purpose for putting up installations to provide such services in certain specified spaces (both open or covered or both earmarked/ demarcated by the Promoter within the Project and which would be declared to be common facilities made applicable by the Vendors.
11.9 Failure 11.4 All papers and documents relating to pay Maintenance Charges within due dates may result in withdrawal/ restrictions/ disconnections/discontinuation the formation of the respective Association shall be got prepared and finalised by the Vendors and the Allottee hereby consents to accept and sign the same.
11.5 The employees of the Maintenance Agency for the common services purposes such as watchmen, security staff, caretaker, liftmen, sweepers etc. shall be employed and/or absorbed in the employment of the Association with continuity of service on the same terms and conditions of employment subsisting with the Maintenance Agency and the Allottee hereby consents to the same and shall not be entitled to raise any objection thereto.
11.6 The rules and regulations of the Association shall not be inconsistent and/or contrary to the provisions and/or covenants contained herein which provisions and covenants shall, in any event, have an overriding effect and any contrary rules, regulations and/or amendments of the Association shall be void ab initio.
11.7 All costs, charges and expenses relating to the formation and functioning of the Association shall be borne and paid by all Apartment Owners of the Building including the Allottee herein.
11.8 The rights of the Vendors, the Maintenance Agency and will make the Association relating to certain matters are more fully specified in Schedule L and the Allottee has irrevocably agreed to be bound by the same.
11.9 The Allottee shall from the Date of Possession, use and enjoy the said Apartment Unit in the manner not inconsistent with the Allottee’s rights hereunder and without committing any breach, liable default or creating any hindrance relating to pay interest at 18% per annum the rights of any other Apartment Owner and/or the Vendors.
11.10 The obligations and covenants of the Allottee in respect of the user, maintenance and enjoyment of the said Apartment Unit, the Mechanical Car Parking System, the Common Areas, the Building and the Premises including payment of Maintenance Charges, electricity charges, corporation and other taxes and other outgoings are more fully specified in Clause 15 and Schedule J and the same shall be binding on the outstanding dues for the period Allottee. It is expressly made clear that after issue of the delayNotice for Possession all costs, calculated expenses and outgoings in respect of the said Apartment Unit including for Maintenance Charges, electricity charges, corporation and other taxes and other outgoings, charges, rates, taxes, levies, cess, deposits including security deposits or assessments pertaining to the said Apartment Unit, shall become payable by the Allottee from the due date till the date of actual paymentissuance of the Completion Certificate notwithstanding anything to the contrary contained in Clause 15 or Schedule J or elsewhere in this Agreement. Such liability shall continue till the same is paid by the Allottee or the Agreement / Allotment is cancelled/terminated.
11.11 The maintenance charges and proportionate Common Expenses shall be paid by the Allottee irrespective of whether or not the Allottee uses or is entitled to or is able to use any or all of the Common Areas and also irrespective of whether or not the Allottee is granted facility of parking any number of cars in the Mechanical Car Parking System by the Promoter and any non-user or non- requirement in respect of any Common Areas or parking facility (if so granted) shall not be nor be claimed to be a ground for non-payment or decrease in the liability of payment of the Allottee in respect of the said proportionate common expenses and/or maintenance charge. Any use of the Mechanical Car Parking System by the Apartment Owners including the Allottee shall be subject to Force Majeure and interruptions, inconveniences and mechanical faults associated with its use and the Promoter and the Maintenance Agency shall not be responsible or liable in any manner for any defect, deficiency, accident, loss or damage relating to or arising out of the and to which the Allottee hereby consents and agrees to keep the Vendors fully indemnified in respect thereof.
11.12 The certified copies of title deeds relating exclusively to the Premises that are available with the Vendors along with related documents and certified copy of Plans of the Building shall be handed over by the Vendors to the Association within 3 (three) months of handing over of maintenance of the Building to the Association.
11.13 From the date of offering the handing over of maintenance to the Association, the Vendors shall not have any responsibility whatsoever regarding the Building and the Premises and/or any maintenance, security, safety or operations including relating to fire fighting equipment and fire safety measures, lift operations, generator operations, electrical equipment, the Mechanical Car Parking System, installations, meters and connection, etc and/or for any statutory compliances, permissions and licenses regarding the Premises and/or any equipment installed and/or required to be installed therein. The same shall be the exclusive responsibility of the Apartment Owners including the Allottee and/or the Association who shall also ensure continuous compliance with all statutory rules, regulations and norms including in particular relating to fire fighting and safety, lift and generator operations, etc. and obtaining and/or renewing all necessary permissions and licenses. The Apartment Owners including the Allottee and/or the Association shall take steps and get transferred all necessary permissions and licenses in their names including lift license, generator license, fire license etc. and the Vendors shall sign necessary papers upon being requested by them in writing. In case of any default or negligence and/or in the event of any accident taking place subsequent to the date of offering the handing over of maintenance, the Vendors and/or their respective directors, employees or agents shall not have any liability or responsibility whatsoever under any circumstance.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE BUILDING /APARTMENT / PROJECT. 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project till the offer to the Association to take over of the maintenance of the Project project upon the issuance of the Partial or Full Occupancy/Completion Certificate completion certificate of the Projectproject. The cost of such maintenance has not been included in the Total Price/Agreed Consideration Price of the said Apartment and the same shall be paid by the Allottee as agreed with the Promoter.
11.2 Unless otherwise agreed/offered The Promoter shall take steps for formation of the Association. Any association, company, syndicate, committee, body or society formed by any of the Apartment Owners without the participation of the Vendors shall not be entitled to be recognised by the Vendors and shall not have any right to represent the Apartment Owners or to raise any issue relating to the Building or the Premises. The maintenance of the Premises shall be made over to the Association within the time mentioned in the West Bengal Apartment Ownership Act, 1972 and upon such formation the Association shall be responsible for the maintenance of the Building and the Premises and for timely renewal of all permissions, licenses, etc. After handing over of the maintenance of the Premises to the Association, the Promoter shall transfer and make over the Deposits to the Association after adjusting its dues, if any.
11.3 All the Apartment Owners as also the Allottee herein shall become members of the Association without raising any objection whatsoever and abide by all the rules, regulations, restrictions and bye-laws as be framed and/or made applicable by the Promoter.
11.4 All papers and documents relating to the formation of the Association shall be got prepared and finalised by the Promoter and the Allottee hereby consents to accept and sign the same.
11.5 The employees of the Maintenance Agency for the common purposes such as watchmen, security staff, caretaker, liftmen, sweepers etc. shall be employed and/or absorbed in the employment of the Association with continuity of service on the same terms and conditions of employment subsisting with the Maintenance Agency and the Purchaser hereby consents to the same and shall not be entitled to raise any objection thereto.
11.6 The rules and regulations of the Association shall not be inconsistent and/or contrary to the provisions and/or covenants contained herein which provisions and covenants shall, in any event, have an overriding effect and any contrary rules, regulations and/or amendments of the Association shall be void ab initio.
11.7 All costs, charges and expenses relating to the formation and functioning of the Association shall be borne and paid by all Apartment Owners of the Building including the Allottee herein.
11.8 The rights of the Promoter, the liability Maintenance Agency and the Association relating to pay Maintenance Charges will commence after 30 days certain matters are more fully specified in Schedule L and the Allottee has irrevocably agreed to be bound by the same.
11.9 The Allottee shall from the Date of Possession, use and enjoy the said Apartment Unit in the manner not inconsistent with the Allottee’s rights hereunder and without committing any breach, default or creating any hindrance relating to the rights of any other Apartment Owner and/or the Vendors.
11.10 The obligations and covenants of the Allottee in respect of the user, maintenance and enjoyment of the said Apartment Unit, the Common Areas, the Building and the Premises including payment of Maintenance Charges, electricity charges, corporation and other taxes and other outgoings are more fully specified in Clause 15 and Schedule J and the same shall be binding on the Allottee. It is expressly made clear that after issue date of the Notice for Possession. The present Possession all costs, expenses and outgoings in respect of the said Apartment Unit including for Maintenance Charges (calculated on a reasonable basis considering all Charges, electricity charges, corporation taxes and other outgoings, charges, rates, taxes, levies, cess, deposits including security deposits or assessments pertaining to the inputs including but not limited to current electricity tariffsaid Apartment Unit, diesel rate, minimum wages and Annual Maintenance Charges (AMCs) of common electromechanical equipment and also a reasonable return on the efforts made by the Promoter to render these common services and facilities as also the maintenance fee @ 5% of such Maintenance Charges as mentioned elsewhere in this agreement) shall be become payable by the Allottee to the Promoter (“Common Area Maintenance Charge”). The Common Area Maintenance Charge shall be paid quarterly by the Allottee. The Allottee undertakes to make such payments as and when Invoices raised by the Promoter after obtaining Partial or Full Occupancy / Completion Certificate.
11.3 The Common Areas Maintenance Charge shall be increased from time to time on account of any increase in power tariff, diesel rates, wage enhancement, AMCs, plant and machinery expenses or any other input/s of maintenance activities, carried out by the Promoter or its nominated agency(ies), as the case may be. The Common Areas Maintenance Charge, in case of substantial increase in power tariff, diesel rate, daily wages and other inputs of maintenance may undergo interim increase.
11.4 The Apartment allotted herein has been designed for
11.5 If the Allottee fails to pay the dues/outstanding amounts of any part/portion thereof as mentioned in the Notice for Possession within the deemed Date of Possession, that is the expiry of the period of 30 (thirty) days from the date of the Promoter giving Notice for Possession issuance of the Apartment Completion Certificate notwithstanding anything to the Allottee AND/OR if contrary contained in Clause15 or elsewhere in this Agreement. Such liability shall continue till the same is paid by the Allottee does or the Agreement/ Allotment is cancelled/terminated.
11.11 The maintenance charges and proportionate Common Expenses shall be paid by the Allottee irrespective of whether or not take over the possession Allottee uses or is entitled to or is able to use any or all of the Apartment even after making Common Areas and any non-user or non- requirement in respect of any Common Areas or parking facility (if so granted) shall not be nor be claimed to be a ground for non-payment or decrease in the liability of payment of the said dues/outstanding amounts as mentioned in the Notice for Possession within the deemed Date of Possession (as mentioned above), in such event the Allottee shall be liable to pay Maintenance Charges after 30 days from the issue date of Notice for Possession or as per the Invoice raised by the Promoter or it's nominated agency(ies), as the case may be, and also the proportionate panchayet taxes in respect of the Apartment wholly and for said proportionate common expenses and/or maintenance charge.
11.12 The certified copies of title deeds relating exclusively to the Common Area proportionately from Premises that are available with the deemed Date of Possession as mentioned in the Notice for Possession Vendors along with related documents and certified copy of Plans of the Holding Charges as mentioned hereinaboveBuilding shall be handed over by the Vendors to the Association within 3 (three) months of handing over of maintenance of the Building to the Association.
11.6 11.13 From the date of offering the handing over of maintenance to the Association, the Vendors shall not have any responsibility whatsoever regarding the Building and the Premises and/or any maintenance, security, safety or operations including relating to fire fighting equipment and fire safety measures, lift operations, generator operations, electrical equipment, meters and connection, etc and/or for any statutory compliances, permissions and licenses regarding the Premises and/or any equipment installed and/or required to be installed therein. The Allottee, as per Schedule G, Part II same shall deposit an interest free amount of Rs.3/- per square feet per month towards advance maintenance charges in respect of Chargeable Area be the exclusive responsibility of the Apartment ("Advance Maintenance Charges”) which amount will be one of the amounts payable towards the consideration of the Unit. However, Owners including the Allottee undertakes and/or the Association who shall also ensure continuous compliance with all statutory rules, regulations and norms including in particular relating to make necessary payments over fire fighting and above such Advance Maintenance Chargessafety, if necessarylift and generator operations, for such maintenance as fixed by the Promoter at actuals.
11.7 The Allottee, as per Schedule G, Part II shall pay an amount of Rs.30/- per square feet towards Maintenance Corpus/Sinking Fund of the Unit towards major repair, maintenance and replacement of infrastructure facilities including but not limited to Lift(s), Transformer(s), DG Set(s) and Façade etc. and super structure of the Project ("Maintenance Corpus/Sinking Fund")obtaining and/or renewing all necessary permissions and licenses. If the amount required for such major repairs and replacement as afore stated falls short, then, The Apartment Owners including the Allottee will be required to pay and/or the additional amount as demanded Association shall take steps and get transferred all necessary permissions and licenses in their names including lift license, generator license, fire license etc. and the Vendors shall sign necessary papers upon being requested by the Promoter them in writing. In case of any default or its nominated agency(ies), as the case may be. The Allottee will be required to replenish their contribution towards Maintenance Corpus Fund on receipt of intimation of such utilization from time to time. The interest accrued from the Maintenance Corpus/Sinking Fund shall be credited to the Maintenance Corpus/Sinking Fund. If the monies lying negligence and/or in the Maintenance Corpus/Sinking Fund and accrued interest thereon are not sufficient event of any accident taking place subsequent to cover up the costs of major repairs/ replacements of equipments, the Promoter or its nominated agency(ies), as the case may be, will be entitled to recover additional money from the allottee(s) to meet the deficiency.
11.8 The Promoter shall provide provision for intercom/ high speed broadband/ other similar telecom to the Project and/or may enter into agreement /contract (on such terms and conditions and for such period as the Promoter shall decide) with service providers of its choice for providing these services and/or for the purpose for putting up installations to provide such services in certain specified spaces (both open or covered or both earmarked/ demarcated by the Promoter within the Project and which would be declared to be common facilities by the Vendors.
11.9 Failure to pay Maintenance Charges within due dates may result in withdrawal/ restrictions/ disconnections/discontinuation of the respective common services to the Allottee and will make the Allottee, liable to pay interest at 18% per annum on the outstanding dues for the period of the delay, calculated from the due date till the date of actual paymenthanding over of maintenance, the Vendors and/or their directors, employees or agents shall not have any liability or responsibility whatsoever under any circumstance.
Appears in 1 contract
Samples: Sale Agreement
