MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 The Promoter shall be responsible to provide and maintain essential services in the Project for three months or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment. (i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals. (ii) The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of allottees and the cost of maintenance shall be borne by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to time. (iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building. 13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay: (i) regularly and punctually the proportionate share of maintenance charges; (ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’). (iii) The Allottee shall not withhold payment of the same on any account whatsoever.
Appears in 6 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 (i) The Promoter shall be responsible to provide and maintain essential services in the Project for three months from completion / occupancy certificate or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in will be paid/ borne by the total price Allottee to the Promoter from the date of the Apartment.
(i) After deemed taking over possession and/or after handing over obtaining completion/occupancy certificate till handover of maintenance of the Project / Phase project to the association, all municipal taxes and other outgoings including maintenance charges payable in respect thereafter to the association of the Apartment shall be paid borne and discharged by the Allotteeallottees. In case the formation of the Association is delayed beyond the said period, period due no fault of the Promoter; the Promoter shall may provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actualsPromoter.
(ii) The Promoter Additions or Replacements
(A) As and when any plant and machinery, including but not limited to, DG sets, electric sub-stations, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be responsible to provide and maintain essential services contributed by all the apartment acquirers in the Project till the taking over of the maintenance of the project on pro-rata basis as specified by the association association. The promoter and upon handover the association, shall have the sole authority to decide the necessity of allottees such replacement, up gradation, additions etc. including its timings or cost thereof and the cost of maintenance shall be borne allottee agrees to abide by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to timesame.
(iiiB) All After taking over possession / deemed possession, all municipal taxes and other infrastructural facilities, outgoings including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 the Apartment shall be paid borne and discharged by the Allottee. From expiry of the end of 3 (three) months from period mentioned in the notice of possession possession, the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance chargescharges including applicable taxes, and without any abatement and/or deduction on any account whatsoever or howsoever;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The the Allottee shall not withhold payment of the same maintenance charges and rates and taxes on any account whatsoever.
(iv) in the event of any default, the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a. on amounts outstanding and if such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented to the following:
a. To the discontinuance of supply of electricity to the said Apartment/Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Allottee, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the Project to the said Allottee and/his/her/their family members and guests, staff and visitors.
f. The Promoter or the Association shall become entitled to all rents accruing from such Apartment if the Apartment has been let out and/or is under tenancy and/or lease.
g. The Allottee shall not sell, transfer, alienate, assign, and/or encumber nor create any interest of third party nor part with possession of the Apartment or any part or portion thereof till such time all accounts payable are fully paid and/or liquidated with interest as agreed upon and such negative covenant will be enforceable in law, and in the event of sale and transfer of the Apartment, the Promoter and/or the Association as the case may be, will have first charge and/or lien over the sale proceeds for the purpose of realization and/or recovery of arrears together with interest accrued and due thereon. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee, and the Allottee assuring not to make such defaults in future.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 (i) The Promoter shall be responsible to provide and maintain essential services in the Project for three months from completion / occupancy certificate or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in will be paid/ borne by the total price Allottee to the Promoter from the date of the Apartment.
(i) After deemed taking over possession and/or after handing over obtaining completion/occupancy certificate till handover of maintenance of the Project / Phase project to the association, all municipal taxes and other outgoings including maintenance charges payable in respect thereafter to the association of the Apartment shall be paid borne and discharged by the Allotteeallottees. In case the formation of the Association is delayed beyond the said period, period due no fault of the Promoter; the Promoter shall may provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actualsPromoter.
(ii) The Promoter Additions or Replacements
(A) As and when any plant and machinery, including but not limited to, DG sets, electric sub-stations, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be responsible to provide and maintain essential services contributed by all the apartment acquirers in the Project till the taking over of the maintenance of the project on pro-rata basis as specified by the association association. The promoter and upon handover the association, shall have the sole authority to decide the necessity of allottees such replacement, up gradation, additions etc. including its timings or cost thereof and the cost of maintenance shall be borne allottee agrees to abide by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to timesame.
(iiiB) All After taking over possession / deemed possession, all municipal taxes and other infrastructural facilities, outgoings including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 the Apartment shall be paid borne and discharged by the Allottee. From expiry of the end of 3 (three) months from period mentioned in the notice of possession possession, the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance chargescharges including applicable taxes, and without any abatement and/or deduction on any account whatsoever or howsoever;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The the Allottee shall not withhold payment of the same maintenance charges and rates and taxes on any account whatsoever.
(iv) in the event of any default, the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a. on amounts outstanding and if such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented to the following:
a. To the discontinuance of supply of electricity to the said Apartment/Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the Project to the said Allottee and/his/her/their family members and guests, staff and visitors.
f. The Promoter or the Association shall become entitled to all rents accruing from such Apartment if the Apartment has been let out and/or is under tenancy and/or lease.
g. The Allottee shall not sell, transfer, alienate, assign, and/or encumber nor create any interest of third party nor part with possession of the Apartment or any part or portion thereof till such time all accounts payable are fully paid and/or liquidated with interest as agreed upon and such negative covenant will be enforceable in law, and in the event of sale and transfer of the Apartment, the Promoter and/or the Association as the case may be, will have first charge and/or lien over the sale proceeds for the purpose of realization and/or recovery of arrears together with interest accrued and due thereon. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee, and the Allottee assuring not to make such defaults in future.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project for three months or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter CGEWHO shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the Apartment Owner’s Association (AOA) of allottees upon the issuance of completion certificate of the project. . The cost of such maintenance will be charged for 1(one) year from the date of completion certificate is as per clause 1.2 (iv). However, if the Apartment Owner’s Association is not formed within 1 year of receipt of completion certificate of the Project, CGEWHO will be entitled to collect from the Allottee(s) amount equal to the amount of maintenance as mentioned in Para 1.2 (iv) + 10% (in lieu of Price escalation) for the purpose of maintenance for next 1 year and so on. The CGEWHO will refund the balance amount available with CGEWHO against the maintenance charge so collected to Apartment Owner’s Association once it is formed.
11.2 Till the time the Apartment Owner’s Association take handover of the said Common Areas as envisaged in the Agreement for Sub Lease Deed or prevalent laws governing the same, the CGEWHO shall have a right to appoint any agency for undertaking the maintenance services in the Project (“Maintenance Agency”) as it may deem fit, and the CGEWHO or the Maintenance Agency appointed by it has right to recover applicable maintenance charges (as per Para 11.1 above) and other charges as set out in the Maintenance Agreement from allottees/ beneficiaries.
11.3 The Allottee/beneficiaries shall join the Association and pay any fees, charges thereof and complete such documentation and formalities as may be deemed necessary by the CGEWHO for this purpose. The Allottee undertakes to join the Apartment Owner’s Association if and when formed by the CGEWHO or its nominee(s) for a part or whole of the Total Project and the Allottee(s) further undertakes not to join/form any other association of allottees and the cost of maintenance shall be borne by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, resident welfare association etc., shall always be covered by appropriate annual itself or in conjunction with other allottees of the said Project.
11.4 The terms and conditions relating to maintenance agreements services, use of Common Areas and insurance agreements with the authorized service providers and the costs facilities, payment of such AMC and Insurance Interest Free Maintenance Security Deposit, sinking fund, Maintenance Charges, etc. shall be part of as set out in the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/buildingMaintenance Agreement.
13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The Allottee shall not withhold payment of the same on any account whatsoever.
Appears in 2 contracts
Samples: Sub Lease Deed, Sub Lease Deed
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 The Promoter shall be responsible to provide and maintain essential services in the Project for three months from the Possession Date or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of allottees and the cost of maintenance shall be borne by the Promoter and the Allottees, ,proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phasesproject, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The Allottee shall not withhold payment of the same on any account whatsoever.
Appears in 2 contracts
Samples: Buyers Agreement, Agreement for Sale
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 The Promoter shall be responsible to provide and maintain essential services in the Project for three months or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project Project by the association of allottees and Association or any other Maintenance In-charge as per the House Rules. The cost of such maintenance shall be borne payable by the Promoter and the Allottees, proportionate Purchaser separately in addition to the plots/apartments/buildings in their respective occupation. The facilities like Club House Total Price of the Designated Apartment.
13.2 In connection with the Additional Costs and service connectionsDeposit payable by the Purchaser under the Sale Agreement, like water it is agreed by and sewerage supply, between the parties hereto that the same does not include the following amounts which are common to the entire project undertaken in phases, shall be jointly maintained payable by the Promoter Purchaser additionally:-
(a) Goods and the Association till the entire project is completed. The Club House Service Tax and its services shall be subject to user charges as may be fixed any other tax, levy, cess by any name called (including S.T.C., Works Contract Tax, duties, levies and all other taxes and impositions levied by the Management of the Club House State Government, Central Government or as the case may be the service provider, any other authority or body from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always that may be covered by appropriate annual maintenance agreements applicable and/or imposed in future and insurance agreements with the authorized service providers and the costs of such AMC and Insurance taxes shall be part of additionally payable at the maintenance charges payable applicable rates by the occupantsPurchaser and shall be paid proportionately, if levied as a whole on the Designated Block or Project and wholly, if levied specifically on the Designated Apartment(including those that may be applied with retrospective effect and/or those for which any recovery proceedings are initiated in consequence thereof). Unless The Purchaser further agrees that in case of any decrease/reduction in the possession is delivered to the allotteeapplicable taxes, the Promoter shall not be liable to refund or compensate the occupant same to the Purchaser in any manner whatsoever.
(b) Fees and expenses, if any, payable to the any authority towards Sale or Transfer Permission fees.
(c) Proportionate share of costs, charges and expenses in respect of additional fire safety measures if required to be undertaken due to any plotsubsequent legislation / government order/apartmentdirectives/buildingguidelines or if deemed necessary by the Promoter beyond the present provision of providing electric wiring in each apartment and firefighting equipment in the Common Areas only as prescribed in the existing firefighting code/ regulations.
13.2 From (d) Security Deposit and other expenses as may be required by the end WBSEDCL or any other electricity provider for individual meter in respect of the Designated Apartment directly with the WBSEDCL or such other provider and proportionate share of the Security Deposit in respect of the common meter/s in respect of the Common Areas.
(e) Stamp Duty and Registration Charges and all other applicable/incidental charges in respect of this Deed and/or any future contracts in pursuance hereof.
(f) Fixed miscellaneous charges for registration of this Deed and/or any other contract, which shall be paid by the Purchaser to the Promoter.
(g) Mutation Charges (post registration of Sale Deed) as may be prescribed by the Promoter.
(h) Proportionate costs of formation of Association and handover to Association.
13.2.1 The Deposits as mentioned in the Sale Agreement and paid by the Purchaser to the Promoter shall be held by the Promoter as interest free security deposits and unless any amount out of the same is adjusted due to non-payment of the taxes and outgoings payable by the Purchaser, the same or the unadjusted portion thereof shall be transferred to the Association by the Promoter.
13.2.2 The Deposits shall be transferred by the Promoter to the Maintenance In-charge (upon adjustment of arrear dues if left by the Purchaser) within 3 (three) months of the Association requiring the same from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’)Promoter.
(iii) The Allottee shall not withhold payment of the same on any account whatsoever.
Appears in 1 contract
Samples: Conveyance Deed
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 1. That until the takeover of the Common Areas and Facilities on the Project Land by the Association of Allottees in accordance with the Act, the Promoter shall maintain the Common Areas and Facilities on the Project at reasonable charges.
2. That the Promoter shall enable and the Allottee(s) shall participate in the formation of an Association of Allottees in the Project as per Applicable Laws with the main object to take over the responsibility of maintenance/management of Common Area and Facilities of the Project and/or with such other object or purpose and in such manner and to such extent as the Promoter and or Association of Allottees may decide from time to time keeping in view the best interest of the allottees of the Project. The Allottee(s) agrees and undertakes to abide by and comply with bye-laws and rules and regulation of such Association of Allottees and shall become the member of the Association. The Promoter shall be responsible to provide and maintain essential services in handover the Project for three months or till the taking over of the management/maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance Common Areas and Facilities of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the upon formation of the Association is delayed beyond of Allottees under the said period, applicable laws to the Association of Allottees and the Association of Allottees will take care of the Common Areas and Facilities of the Project.
3. The Promoter shall provide and maintain transfer the essential services in the said Project till amount collected towards IFMS to the Association is formed of Allottees without any interest at the time of takeover of Common Areas and Facilities of the said Project is by the Association of Allottees.
4. That as and when the Common Areas and Facilities of the Project shall be handed over to the Association of Allottees, the Association of Allottees will remain responsible for maintenance, repairs, safety and security of such Common Areas and Facilities of the Allottees Project from the date of handing over.
5. The Allottee(s) shall be liable to pay proportionate common electric charges, sewerage charges and water charges from the date mentioned for taking over the possession in the offer of possession letter.
6. The Allottee(s) xxxxxx agrees that his/her right to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter shall be responsible to provide use of Common Areas and maintain essential services in Facilities of the Project till the taking over of the maintenance of the project by the association of allottees and the cost of maintenance shall be borne by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges timely payment of total maintenance charges, as may be fixed determined and thereafter billed by the Management Promoter or Association of the Club House Allottees or maintenance agency, as the case may be be, and performance by the service provider, Allottee(s) of all his/her obligations in respect of the terms and conditions specified by the Association of Allottees from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The Allottee shall not withhold payment of the same on any account whatsoever.
Appears in 1 contract
Samples: Agreement for Sale
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project for three months or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter Owner shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of allottees and the allottees. The cost of such maintenance shall be borne has been included in the Total Price of the said Apartment subject, however, to the obligation of the Allottee to pay maintenance charges as mentioned in in clause 7.2 above.
11.2 In case, however, for any reason whatsoever the maintenance of the Project and/or of the Urban Park Residential Section is not taken over by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management association of the Club House or as the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 From the end of allottees within 3 (three) months from the date of the Owner obtaining the partial/full completion certificate (and/or the occupancy certificate, if there be any under the relevant provisions of law) of the Urban Park Residential Section then, and in such event, the Allottee shall become liable to pay maintenance charges to the Owner or to the nominated agency of the Owner, as the case may be, till such time the maintenance of the Project and/or of the Urban Park Residential Section is taken over by the association of allottees.
11.3 Unless otherwise agreed/offered by the Owner, the liability to pay maintenance charges will commence on and from the deemed date of possession of the Flat i.e the expiry of the period of 15 days from the date of the Owner giving notice of possession of the Flat to the Allottee. The present maintenance charge (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 Owner to render these common services and facilities as also the maintenance fee @ 15% of such maintenance charges as mentioned elsewhere in this agreement) payable by the Allottee to the Owner shall not be less than Rs. /- (Rupees ) per sq ft. of the carpet area of the Unit corresponding to not less than Rs. /- (Rupees per sq ft. on the super built up area of the Flat (“Common Area Maintenance Charge”).
11.4 The Common Areas Maintenance Charge shall be increased 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 Owner 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 before the scheduled yearly increase.
11.5 The flats in the Residential Tower including the Flat allotted herein has been designed for VRV Air Conditioning System and will accordingly be provided in the Flat. It is clarified that from the deemed date of possession, (as mentioned above) of the Flat the cost of maintenance, replacement and repair of the VRV units shall be paid by the respective allottee(s) for the allottees own flats. The Out Door Unit ("ODU") will be placed at the designated place as determined by the Owner and the In-Door Unit ("IDU”) will be fixed at a specific location inside the Flat. The necessary piping (copper piping, control cable, vertical drain line) and the designated location will not be changed by the Allottee. Inside the Flat, necessary ducting with xxxxx fixing from IDU user canvas/ plenum will be done by the Allottee without changing the position of piping system and the ODU. If required, the Allottee may, however, change the location of IDU if required to be done due to interior decoration of the Allottee’s Flat but subject, always to the prior approval of Owner and/or the nominated agency of the Owner. No puncturing of window wall to install A.C units will be permitted.
11.6 If the Allottee fails to pay the dues/outstanding amounts of any part/portion thereof as mentioned in the notice of possession within the deemed date of possession mentioned therein AND/OR if the Allottee does not take over the possession of the Flat even after making the payment of the said dues/outstanding amounts as mentioned in the notice of possession within the deemed date of possession, in such event the Allottee shall be liable to pay maintenance charges at the rate it is demanded by the Owner or it's nominated agency(ies), as the case may be, and pay:
(i) regularly and punctually also the proportionate share municipal taxes in respect of their Flat wholly and for the Common Area proportionately from the deemed date of possession as mentioned in the notice of possession.
11.7 The Allottee, on or before possession, shall deposit an interest free amount of Rs. (Rupees only) as maintenance charges;security deposit in respect of the Flat ("Maintenance Security Deposit”) which amount will be one of the amounts payable towards the consideration of the Unit. The Promoter reserves the right to utilize this deposit to adjust any recoverable dues from the Allottee.
11.8 The Allottee shall pay an amount of Rs. (iiRupees only) regularly as maintenance corpus/sinking fund of the Flat towards major repair, maintenance and punctually replacement of infrastructure facilities including but not limited to STP (serving/catering to entire Urban Park Residential Section), Lift(s), Transformer(s), diesel generator set(s) and Façade 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 Owner 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 amount of Maintenance Corpus/Sinking Fund payable by the Allottee is included in the Total Price hereto. 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 Owner of its nominated agency(ies), as the case may be, will be entitled to recover additional money from the allottee(s) to meet the deficiency.
11.9 In case WBSEDCL /any other electricity supply agency decides not to provide individual meters to the allottees and make provision for a high-tension supply or bulk supply, the Owner shall provide sub-meters to the allottees upon payment by them of the proportionate share Security Deposit payable to WBSEDCL/ any other electricity supply agency for such connection. The amount of rates one- time charges paid for installation of electricity in the Project (“Bulk Electricity Charges"”) payable by the Allottee on or before possession is part of Total Price. The Bulk Electricity Charges comprises of inter-alia the amount of electricity security deposit paid by the Owner to the electric supply agency for getting electric supply connection to the Project. The electricity security deposit would be subject to revision and taxes replenishment as may be so decided by WBSEDCL/ any other electricity supply agency from time to time and the allottees, including the Allottee herein shall, at all times, be liable to proportionately pay such revision/ replenishment to WBSEDCL or any other outgoings (hereinafter referred electricity supply agency, as per the norms of WBSEDCL or any other electricity supply agency. In such a case the Allottee may be required to enter into a separate agreement with the Owner or with WBSEDCL or any other electricity supply agency, as ‘The Rates and Taxes’)the case may be, for supply of electricity through sub meters.
11.10 Provision has been made for the installation of Diesel Generator (iiiDG) for power backup to run the basic facilities at the Project. In addition to that, DG back up facility is also being made available for every Unit. The charges for the allocated DG load will be payable by the Allottee on or before possession of their Unit and is included in the Total Price. In case the Allottee requires additional DG power load in their Unit, they should indicate their requirement in the application form for availing such supply. The extra DG power load shall be allotted upon availability and in multiples of KVA. The Allottee will be required to pay DG usage charges on the basis of a suitable mechanism as shall not withhold payment be devised and/or be ascertained by the Owner.
11.11 The Owner shall provide connectivity of various telecom/ high speed broadband/ other similar telecom and IT facilities to the Project and/or may enter into agreement /contract (on such terms and conditions and for such period as the Owner shall decide) with various 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 Owner within the Project and which would be declared to be common facilities by the Owner.
11.12 The Allottee will be required to pay to the Owner, the charges for documentation @ 0.5% (Half Percent) of the same price of the Flat and the price of exclusive right to use the Car Parking Space. The documentation charges will be part of the Total Price.
11.13 Failure to pay Maintenance Charges and Electricity 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 15% per annum on any account whatsoeverthe 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 SAID BUILDING / APARTMENT / PROJECT. 13.1 i) The Promoter shall be responsible to provide and maintain essential services in the aforesaid Project for three months or till the taking over of the maintenance of the project / phase said Project by the association Association to be formed by the Allottee and registration upon the issuance of the allottees whichever is earliercompletion certificate of the aforesaid Project. The cost of such 3 months’ maintenance only for one year has been included excluded in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect Total Price of the Apartment on the basis that the Association shall be paid borne and discharged formed within a period of 30 days from the date of Completion Certificate issued by the AllotteeMunicipality and at the time of handing over the maintenance to the said Association any excess amount remain with the Promoter shall be handed over to the said Association. Similarly, if any amount is found to be shortfall in such case the Allottee shall be liable to pay the same to the Promoter.
ii) In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees Allottee shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actualsactual.
(iiiii) During the interim maintenance period between obtaining of the completion certificate of such Project and formation, registration and operationalization of the Association, the Promoter shall through itself or through a facility management company constitute a committee to run, operate, manage and maintain the Common Areas.
iv) The Promoter shall endeavor that the committee responsible for the maintenance and operation of the Common Areas will be responsible required to provide manpower for maintaining the Common Areas, wherever required, and maintain essential services in to collect maintenance charges and also guest charges and the user charges for the utilities being provided on “pay by use” basis, if any.
v) The maintenance and management of Common Areas by the committee will primarily include but not limited to maintenance of water works, common electrical installations, DG Sets, landscaping, driveways, parking areas, lobbies, lifts and staircases, AMC’s etc. It will also include safety and security of the Project till the taking over such as fire detection and protection and management of general security control of the Project.
vi) The Rules / Bye Laws to regulate the use and maintenance of the project by Common Areas shall during the association of allottees and the cost of interim maintenance period shall be borne framed by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges with such restrictions as may be fixed necessary for proper maintenance and all the Allottee are bound to follow the same.
vii) After the Common Areas of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws framed by the Management Promoter, with or without amendments, as may be deemed necessary by the Association.
viii) The Common Areas of the Club House or as said Project shall be handed over to the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs Association upon formation of such AMC and Insurance shall be part of association (the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’“Association”).
(iiiix) The Allottee shall not withhold payment will be required to complete the formalities of becoming a member of the same Association and also to comply with the Rules and Bye-laws of the Association.
x) The Promoter shall at an appropriate time within a maximum period of 365 days from the date of completion certificate of the said Project notify the detailed scheme of formation of the Association to the Allottee (as also to all other Allottee of other apartments of Project) in accordance with applicable laws so as to enable them to constitute / form such Association.
xi) As and when any plant and machinery, including but not limited to, DG sets, pumps, firefighting equipment or any other plant, machinery and / or equipment of capital nature etc. require replacement, up-gradation, additions etc. the cost thereof shall be contributed by all the apartment acquirers in the project on any account whatsoeverpro-rata basis as specified by the Association. The Promoter and upon formation the Association shall have the sole authority to decide the necessity of such replacement, up-gradation, additions etc. including its timings or cost thereof and the Allottee agree to abide by the same.
xii) The Allottee has also agreed to perform and observe terms and conditions covenants stipulations and obligations for the use and occupation of the said apartment which will appear in detail in the Agreement for Facility and Maintenance charges to be executed at or prior to the commencement of liability.
xiii) The Allottee, however, agreed that at the time of taking possession of the aforesaid Flat / Apartment shall also pay a sum of Rs. /- (Rupees only) plus GST (as applicable) for 2 BHK Flat / Apartment and Rs. /- (Rupees
xiv) Allottee hereby agreed and accords his consent in favour of the Promoter for applying and obtaining a sanction from the Appropriate Authority for installation of Frog lifting / Mechanical car parking in the ground floor of the proposed building at the cost and expenses of the Promoter.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 The Promoter shall be responsible to provide and maintain essential services in the Project for three months or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of allottees the Allotees or any other designated maintenance-in-charge. The cost of such maintenance shall be payable by the Allottee separately in addition to the Total Price of the Designated Apartment.
11.2 Clauses in relation to maintenance of Project, infrastructure and equipment:
11.2.1 The Allottee is aware of applicability of Other Costs and Deposits on the following heads to be payable by the Allottee in addition to the price for Designated Unit (Additional Costs):
(i) Allottee’s fixed share of costs, charges and expenses for procuring electricity connection by way of Transformer, Electric Sub-station, LT Panel and its cabling for power connection in the Unit as well as the Common Areas amounting to Rs. ............/- (Rupees Only) (With GST). This one-time cost does not include –
(a) the recurring periodic or other electricity consumption charges and costs payable by the Allottee; and/or
(b) any security deposit payable to CESC Limited or any other Electricity Provider and the cost of maintenance same shall be separately payable by the Allottee as demanded by the Promoter/Association.
(ii) The Allottee shall have to directly apply for and pay all expenses and outgoings including any security deposit required for obtaining individual electric meters for the Said Unit;
11.2.2 The following expenditure shall be borne by the Promoter and the AllotteesAllottee proportionately along with other Allotees (Maintenance charges):-
(i) Costs of maintenance, proportionate to the plots/apartments/buildings in their respective occupationoperating, repainting, whitewashing, painting, reconstructing, decorating, re-decorating etc. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as common areas and common parts of the case may said premises and in particular thereof gutter and main water tanks, water pump, motor, water pipes and electric wires, electric installations and equipment, sanitary installation under upon the building, main gate, boundary walls, entrance, passage, staircase, landings.
(ii) Cost of security, surveillance, solar power, rain harvesting and all other facilities and amenities to be provided in the service provider, from time to timebuilding.
(iii) Cost of supplies of common utilities for the building.
(iv) Costs and charges for establishment and maintenance of Building.
(v) Costs of acquisition, installation, maintenance and operation of generator set and fuel for running the generator set, if the same is installed.
(vi) Expenses towards salaries of Durwans, Sweeper, Daily labours, Liftman, workers.
(vii) All other infrastructural facilitiesexpenses, taxes and other levies as may become necessary or incidental or liable to be paid in common including such amount as may be fixed for raising a fund for replacement, renovation, repairing and/or periodical maintenance.
11.2.3 Fees and charges for the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etcmembership of association as and when formed., shall always be covered by appropriate annual maintenance agreements
11.2.4 Legal costs and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/buildingpreparation and registration of this agreement and the Conveyance Deed to be executed in pursuance hereof amounting to Rs. /-. (Rupees Only) (With GST).
13.2 From the end 11.2.5 Advance Maintenance Charges for a fixed period of 3 (three) 24 months from the notice date of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share issuance of maintenance charges;
(ii) regularly and punctually make payment Occupancy Certificate in respect of the proportionate share of rates and taxes and other outgoings Building amounting to Rs. ................/- (hereinafter referred to as ‘The Rates and Taxes’Rupees ................. .............................. Only) (With GST).
(iii) The Allottee shall not withhold payment of the same on any account whatsoever.11.3 Maintenance In-charge:
Appears in 1 contract
Samples: Agreement for Sale
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 (i) The Promoter shall be responsible to provide and maintain essential services in the Project for three months from completion / occupancy certificate or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in will be paid/ borne by the total price Allottee to the Promoter from the date of the Apartment.
(i) After deemed taking over possession and/or after handing over obtaining completion/occupancy certificate till handover of maintenance of the Project / Phase project to the association, all municipal taxes and other outgoings including maintenance charges payable in respect thereafter to the association of the Apartment shall be paid borne and discharged by the Allotteeallottees. In case the formation of the Association is delayed beyond the said period, period due no fault of the Promoter; the Promoter shall may provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actualsPromoter.
(ii) The Promoter Additions or Replacements
(A) As and when any plant and machinery, including but not limited to, DG sets, electric sub-stations, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be responsible to provide and maintain essential services contributed by all the apartment acquirers in the Project till the taking over of the maintenance of the project on pro-rata basis as specified by the association association. The promoter and upon handover the association, shall have the sole authority to decide the necessity of allottees such replacement, up gradation, additions etc. including its timings or cost thereof and the cost of maintenance shall be borne allottee agrees to abide by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to timesame.
(iiiB) All After taking over possession / deemed possession, all municipal taxes and other infrastructural facilities, outgoings including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 the Apartment shall be paid borne and discharged by the Allottee. From expiry of the end of 3 (three) months from period mentioned in the notice of possession possession, the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance chargescharges including applicable taxes, and without any abatement and/or deduction on any account whatsoever or howsoever;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The the Allottee shall not withhold payment of the same maintenance charges and rates and taxes on any account whatsoever.
(iv) in the event of any default, the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.
a. on amounts outstanding and if such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented to the following:
a. To the discontinuance of supply of electricity to the said Apartment/Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the Complex to the said Allottee and/his/her/their family members and guests, staff and visitors.
f. The Promoter or the Association shall become entitled to all rents accruing from such Apartment if the Apartment has been let out and/or is under tenancy and/or lease.
g. The Allottee shall not sell, transfer, alienate, assign, and/or encumber nor create any interest of third party nor part with possession of the Apartment or any part or portion thereof till such time all accounts payable are fully paid and/or liquidated with interest as agreed upon and such negative covenant will be enforceable in law, and in the event of sale and transfer of the Apartment, the Promoter and/or the Association as the case may be, will have first charge and/or lien over the sale proceeds for the purpose of realization and/or recovery of arrears together with interest accrued and due thereon. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee, and the Allottee assuring not to make such defaults in future.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 The Promoter Developer shall be responsible to provide and maintain essential services in the Project for three project till 18 months from the date of issue of Completion Certificate / Part Completion Certificate or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance Maintenance of the project by the association of allottees the allottees, which ever is earlier.
i) The Allottees hereby confirms and undertakes that the maintenance, upkeep and administration of the Said
ii) The Allotee(s) shall, within 18 months of the date of Issuance of Completion Certificate /Part completion Certificate , form an Association of the respective apartment owners of the building/tower comprised in the Said Portion (herein referred to as the “Association”) and it shall be incumbent upon the all allottee to join such entity as a member and pay the necessary subscription or membership amounts together with the proportionate costs and expenses for formation of the same. Each apartment at the building/tower situated in the Said portion shall represent one share, irrespective of the number of persons owing it and irrespective of the same person owing more than 1 (one) apartment. A tenant or licensee of the Allottee shall not be entitled to become such a member.
iii) Such Association shall always manage and maintain each of the areas comprising the Maintenance Areas, only through the agencies of a professionally qualified facilities management agency to be appointed by the Association (herein referred to as the “Facilities Management Agency”) and it specially clarified that until formation of such Association or within 18th months from the date of Issuance of Completion Certificate /Part Completion certificate whichever is earlier, the Developer shall manage and maintain the Maintenance Areas either itself or through a Facilities Management Agency, at its discretion.
iv) Upon formation of the Association, the Developer will, in due course, transfer to the Association all the Vendor‟s and/or the Developer‟s rights and obligations with regard to the common purposes and shall also transfer the residue, if any then remaining, of the corpus deposit, made by the Allottee for the common purposes, after adjusting all amounts then remaining due and payable by the Allottee to the Developer including security deposits of all the common meter. The amounts thus transferred shall be held by the Association on behalf of and on account of each of the Allottees. The Allottee undertakes to make good and pay to the Association all such amounts that may have been adjusted as aforesaid by the Developer from the said corpus deposit.
v) The Service Area shall be used in common by the co-owners of the Said Labnaya ( HIG),_Banalta ( MIG) Portion and the cost Said Neera ( LIG) Portion and specifically only for the purpose of maintenance egress and ingress to their respective apartments and in which only each of the co-owners of the Said Labnaya, Banlata & Neera Portion shall have an undivided individual variable proportionate share, as may be attributable to their respective apartment.
vi) The Allottee will only have the right to use of the electrical transformer with the feeder cables as are installed in the Service Areas(which Service Areas are more specifically described in Part-II of the Fifth schedule hereunder written) which shall collectively serve the Said Labanyya (HIG) Banlata (MIG) Portion, the Said Neera (LIG) Portion, Said Commercial Portion and the other portions of the Said Premises in such a manner as shall be borne determined by the Promoter Developer, subject to payment of the necessary costs and expenses by the Co- owners of each of such portions and/or areas and the Allottees, proportionate Allottee undertakes not to object to the plots/apartments/buildings same, it being clarified that the Allottee shall have no claim. Right or interest of any nature whatsoever in their respective occupationrespect of or over the other facilities, utilities, equipment‟s etc. installed at the Service Areas, irrespective of the fact that the same may be used by the owners and occupiers of the aforesaid other portions of the Said Premises. It is also clarified that the Diesel Generator set install in the said portion is only for the use of Labanya ( HIG) portion. Alllottes of other portions are not entitled to use the facilities of such DG Set . However the maintenance of the said DG Set will be the responsibility of the allottes of Labanyya ( HIG) portion only .
vii) The facilities like Club House Allottee shall also observe and service connectionsperform each of the stipulations, like water and sewerage supply, which are common restrictions and/or obligations as stated under the Seventh Schedule hereto as the covenants running with the land.
viii) The right of the Allottee shall remain restricted to the entire project undertaken Said Apartment and Properties Thereto only and the Allottee shall have no right nor shall claim any manner of right over or in phasesrespect of any other part or portion of the Said Premises.
ix) The Allottee undertakes, covenants and agrees that the Developer shall have the absolute and unfettered right and authority to deal with and/or dispose of the open and covered vehicle parking spaces and other spaces in the Said Portion(save and except only such spaces in respect whereof the Allottee has been specifically granted any right(s) under this Agreement ) in such manner, including granting the right of user thereof in favour of third parties and in lieu of such consideration as the Developer may deem fit and proper and the Allottee shall not object to the same in any manner or on any ground whatsoever.
x) Further, all such areas over which the Allottee has no right, shall be jointly maintained by under the Promoter exclusive ownership, control, use and possession of the Developer and the Association till Developer shall be entitled to dispose of and/or deal with the entire project is completed. The Club House same in such manner and its services in lieu of such consideration as it may deem fit and proper and the interest of the Allottee herein shall be subject to user charges as may be fixed by the Management such right of the Club House Developer.
xi) The Allottee shall not be entitled to any vehicle parking space unless specifically allotted under this Agreemt.
xii) The Allottee shall deposit with the Developer and upon its formation with the Association or the Facilities Management Agency, as the case may be, all the amounts as may be determined by the service providerDeveloper or the Association or the Facilities Management Agency as the case may be, towards the liability for the rates and taxes and other outgoings. The liability for the rates and taxes is payable from time to timethe date of handover of the said Apartment or execution of deed of conveyance whichever is earlier .
(iiixiii) The Allottee shall pay the charges for electricity and other utilities in or relating to the Said Apartment wholly and proportionately relating to the common parts and areas including the Maintenance Areas.
xiv) All other infrastructural facilities, including repairs and maintenance of any kind as may be desired by the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with Allottee inside the authorized service providers and the costs of such AMC and Insurance Said Apartment shall be part of the maintenance charges payable carried out only by persons authorized or provided by the occupants. Unless Developer and/or the possession is delivered to Association and/or the allotteeFacilities Management Agency as the case may be, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 From the end of 3 (three) months from the notice of possession and the Allottee shall be liable to pay and pay:bear such amounts that the Developer and/or the Association and/or the Facilities Management Agency may reasonably determine from time to time towards their charges for administration of such repair works.
(ixv) regularly and punctually In case the proportionate share of maintenance charges;
(ii) regularly and punctually make payment Allottee has obtained a housing loan from a financial institution/bank on the basis of the proportionate share aforesaid provisional letter of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The Allottee shall not withhold payment allotment for purchasing the Said Apartment against mortgage of the same on any account whatsoeverSaid Apartment, this Agreement shall mean and understood to be subject to such charge or mortgage.
Appears in 1 contract
Samples: Agreement for Sale
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 The Promoter shall be responsible to provide and maintain essential services in the Project for three months or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of allottees the allotteesupon the issuance of the completion certificate of the project. The terms conditions covenants restrictions etc., pertaining to use and enjoyment of the Common Areas And Installations of the Project are contained in Annexure "B" hereto and all the Allottees of Apartments / Units shall be bound and obliged to comply with the same. 11A. BROAD INFRASTRUCTURE The Promoter holds development rights of two Nearby Properties, namely (a) Municipal Holding No.449/A/1 G.T.Road; and (b) Municipal Holding No.449/A G.T.Road (in short called "the Nearby Properties") and certain areas installations facilities and amenities (in short called "the Broad Infrastructure") are proposed to be serving and for common use and enjoyment of the said Project and the cost said Nearby Properties or any Two of maintenance them, details whereof are mentioned in the Seventh Schedule hereunder written, for integration of infrastructure. Some of the areas installations facilities and amenities comprising the Broad Infrastructure are proposed to be common between the said Project at the said Premises and the said Nearby Properties and some are proposed to be common between the said Project at the said Premises and the said Municipal Holding No.449/A/1 G.T.Road, as mentioned in the Seventh Schedule hereunder written. The Allottee shall not have any proportionate share title ownership or interest in the said Broad Infrastructure, but merely a limited right of common user and enjoyment thereof subject to compliance of the rules and regulations applicable thereto and payment of common expenses pertaining thereto in the manner elsewhere herein mentioned. It is clarified that the final Broad Infrastructure shall be borne determined by the Promoter in due course of time, to which the Allottee hereby consents. All of the said Broad Infrastructure are presently proposed or intended to be under the management control and charge of the AllotteesPromoter initially and upon the project at the said Nearby Properties being developed, proportionate the Promoter intends (without being obliged) to hand over such management control and charge thereof (except the underpass leading from Holding No.449/A/1 G.T.Road to the plotssaid Premises / Project)to the Association of Allottees of the proposed project at Municipal Holding No.449/apartments/buildings in their respective occupationA/1 G.T.Road, which shall be obliged to provide services thereof to the owners and occupiers of the said Premises, subject to payment of proportionate common expenses and maintenance charges pertaining thereto. The facilities like Club House and service connections, like water and sewerage supply, which are common underpass leading from Holding No.449/A/1 G.T.Road to the entire project undertaken said Premises is intended to be in phases, shall be jointly maintained by the Promoter management control and charge of the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of Allottees of the Club House or as said Project (i.e. Municipal Holding No.449/A/2 G.T.Road).Notwithstanding the case may be the service provideraforesaid, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements it is agreed and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, clarified that the Promoter shall be entitled to create a separate body / entity, be it a company, firm, society, association etc., for taking over charge of and managing maintaining upkeeping and administering the occupant in respect said Broad Infrastructure; It is expressly agreed understood and made clear that all or some of any plot/apartment/building.
13.2 From the end elements of 3 (three) months from the notice Broad Infrastructure may be created and installed after delivery of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred said Unit to as ‘The Rates and Taxes’)the Allottee.
(iii) The Allottee shall not withhold payment of the same on any account whatsoever.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 (i) The Promoter – I shall be responsible to provide and maintain essential services in the Project for three months from completion / occupancy certificate or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in will be paid/ borne by the total price Allottee to the Promoter – I from the date of the Apartment.
(i) After deemed taking over possession and/or after handing over obtaining completion/occupancy certificate till handover of maintenance of the Project / Phase project to the association, all municipal taxes and other outgoings including maintenance charges payable in respect thereafter to the association of the Apartment shall be paid borne and discharged by the Allotteeallottees. In case the formation of the Association is delayed beyond the said period, period due no fault of the Promoters; the Promoter shall – I may provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter – I or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.- I.
(ii) The Promoter Additions or Replacements
(A) As and when any plant and machinery, including but not limited to, DG sets, electric sub-stations, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be responsible to provide and maintain essential services contributed by all the apartment acquirers in the Project till the taking over of the maintenance of the project on pro-rata basis as specified by the association association. The promoter - I and upon handover the association, shall have the sole authority to decide the necessity of allottees such replacement, up gradation, additions etc. including its timings or cost thereof and the cost of maintenance shall be borne allottee agrees to abide by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to timesame.
(iiiB) All After taking over possession / deemed possession, all municipal taxes and other infrastructural facilities, outgoings including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 the Apartment shall be paid borne and discharged by the Allottee. From expiry of the end of 3 (three) months from period mentioned in the notice of possession possession, the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance chargescharges including applicable taxes, and without any abatement and/or deduction on any account whatsoever or howsoever;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The the Allottee shall not withhold payment of the same maintenance charges and rates and taxes on any account whatsoever.
(iv) in the event of any default, the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a. on amounts outstanding and if such default shall continue for a period of two months the Promoter – I or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented to the following:
a. To the discontinuance of supply of electricity to the said Apartment/Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the Complex to the said Allottee and/his/her/their family members and guests, staff and visitors.
f. The Promoter – I or the Association shall become entitled to all rents accruing from such Apartment if the Apartment has been let out and/or is under tenancy and/or lease.
g. The Allottee shall not sell, transfer, alienate, assign, and/or encumber nor create any interest of third party nor part with possession of the Apartment or any part or portion thereof till such time all accounts payable are fully paid and/or liquidated with interest as agreed upon and such negative covenant will be enforceable in law, and in the event of sale and transfer of the Apartment, the Promoter – I and/or the Association as the case may be, will have first charge and/or lien over the sale proceeds for the purpose of realization and/or recovery of arrears together with interest accrued and due thereon. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter - I/Association to realize the due amount from the Allottee, and the Allottee assuring not to make such defaults in future.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 The Promoter shall be responsible to provide and maintain essential services in the Project for three months or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, ,; the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of allottees and the cost of maintenance shall be borne by the Promoter and the Allottees, proportionate to the plots/apartments/plots / apartments / buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 . From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The Allottee shall not withhold payment of the same on any account whatsoever.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 (i) The Promoter shall be responsible to provide and maintain essential services in the Project for three months from completion / occupancy certificate or till the taking over of the maintenance of the project / phase by the association of the allottees allottees, whichever is earlier. The cost of such 3 months’ maintenance only has been included in will be paid/ borne by the total price Allottee to the Promoter from the date of the Apartment.
(i) After deemed taking over possession and/or after handing over obtaining completion/occupancy certificate till handover of maintenance of the Project / Phase project to the association, all municipal taxes and other outgoings including maintenance charges payable in respect thereafter to the association of the Apartment shall be paid borne and discharged by the Allotteeallottees. In case the formation of the Association is delayed beyond the said period, period due no fault of the Promoter; the Promoter shall may provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actualsPromoter.
(ii) The Promoter Additions or Replacements
(A) As and when any plant and machinery, including but not limited to, DG sets, electric sub-stations, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be responsible to provide and maintain essential services contributed by all the apartment acquirers in the Project till the taking over of the maintenance of the project on pro-rata basis as specified by the association association. The promoter and upon handover the association, shall have the sole authority to decide the necessity of allottees such replacement, up gradation, additions etc. including its timings or cost thereof and the cost of maintenance shall be borne allottee agrees to abide by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to timesame.
(iiiB) All After taking over possession / deemed possession, all municipal taxes and other infrastructural facilities, outgoings including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 the Apartment shall be paid borne and discharged by the Allottee. From expiry of the end of 3 (three) months from period mentioned in the notice of possession possession, the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance chargescharges including applicable taxes, and without any abatement and/or deduction on any account whatsoever or howsoever;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The the Allottee shall not withhold payment of the same maintenance charges and rates and taxes on any account whatsoever.
(iv) in the event of any default, the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a. on amounts outstanding and if such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented to the following:
a. To the discontinuance of supply of electricity to the said Apartment/Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Allottee, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the Complex to the said Allottee and/his/her/their family members and guests, staff and visitors.
f. The Promoter or the Association shall become entitled to all rents accruing from such Apartment if the Apartment has been let out and/or is under tenancy and/or lease.
g. The Allottee shall not sell, transfer, alienate, assign, and/or encumber nor create any interest of third party nor part with possession of the Apartment or any part or portion thereof till such time all accounts payable are fully paid and/or liquidated with interest as agreed upon and such negative covenant will be enforceable in law, and in the event of sale and transfer of the Apartment, the Promoter and/or the Association as the case may be, will have first charge and/or lien over the sale proceeds for the purpose of realization and/or recovery of arrears together with interest accrued and due thereon. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee, and the Allottee assuring not to make such defaults in future.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 (i) The Promoter shall be responsible to provide and maintain essential services in the Project for three months from completion / occupancy certificate or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in will be paid/ borne by the total price Allottee to the Promoter from the date of the Apartment.
(i) After deemed taking over possession and/or after handing over obtaining completion/occupancy certificate till handover of maintenance of the Project / Phase project to the association, all municipal taxes and other outgoings including maintenance charges payable in respect thereafter to the association of the Apartment shall be paid borne and discharged by the Allotteeallottees. In case the formation of the Association is delayed beyond the said period, period due no fault of the Promoter; the Promoter shall may provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actualsPromoter.
(ii) The Promoter Additions or Replacements
(A) As and when any plant and machinery, including but not limited to, DG sets, electric sub-stations, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be responsible to provide and maintain essential services contributed by all the apartment acquirers in the Project till the taking over of the maintenance of the project on pro-rata basis as specified by the association association. The promoter and upon handover the association, shall have the sole authority to decide the necessity of allottees such replacement, up gradation, additions etc. including its timings or cost thereof and the cost of maintenance shall be borne allottee agrees to abide by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to timesame.
(iiiB) All After taking over possession / deemed possession, all municipal taxes and other infrastructural facilities, outgoings including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 the Apartment shall be paid borne and discharged by the Allottee. From expiry of the end of 3 (three) months from period mentioned in the notice of possession possession, the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance chargescharges including applicable taxes, and without any abatement and/or deduction on any account whatsoever or howsoever;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The the Allottee shall not withhold payment of the same maintenance charges and rates and taxes on any account whatsoever.
(iv) in the event of any default, the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a. on amounts outstanding and if such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented to the following:
a. To the discontinuance of supply of electricity to the said Apartment/Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Allottee, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the Complex to the said Allottee and/his/her/their family members and guests, staff and visitors.
f. The Promoter or the Association shall become entitled to all rents accruing from such Apartment if the Apartment has been let out and/or is under tenancy and/or lease.
g. The Allottee shall not sell, transfer, alienate, assign, and/or encumber nor create any interest of third party nor part with possession of the Apartment or any part or portion thereof till such time all accounts payable are fully paid and/or liquidated with interest as agreed upon and such negative covenant will be enforceable in law, and in the event of sale and transfer of the Apartment, the Promoter and/or the Association as the case may be, will have first charge and/or lien over the sale proceeds for the purpose of realization and/or recovery of arrears together with interest accrued and due thereon. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee, and the Allottee assuring not to make such defaults in future.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 12.1 The Promoter Promoters shall be responsible to provide and maintain essential services in the Project for three months or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter shall be responsible to provide and maintain essential services in the Real Estate Project till the taking over of the maintenance of the project Real Estate Project by the association Association of allottees and Allottees or the cost Competent Authority, as the case may be, upon the issuance of maintenance shall be borne by the Promoter and occupancy certificate (or part thereof) / completion certificate (or part thereof) of the AllotteesReal Estate Project, proportionate to as the plots/apartments/buildings in their respective occupationcase may be. The facilities like Club House and service connectionsadvance maintenance charges for the first 6 (six) months have been included in the Total Price of the Apartment. In case, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till of Allottees fails to take handover of such essential services as envisaged in this Agreement or as per the entire project is completed. The Club House and its services Applicable Laws, then in such a case, the Promoters shall be subject have a right to user recover the charges as may be fixed incurred on maintenance thereof for the delayed period, which shall be recoverable from the Association of Allottees or proportionately from all allottees at the Real Estate Project.
12.2 The Allottee shall pay the maintenance charges in relation to the Apartment as may be levied by the Management Maintenance Agency and shall also enter into a maintenance agreement with the Maintenance Agency in the format to be provided by the Promoters. It is made clear to the Allottee that the Maintenance Agency shall render maintenance services only with respect to the Common Areas and these shall mainly relate to services, amongst others, in respect to the public roads, security, landscaping, sewerage, drainage, rain water harvesting, garbage clearance, water, street lights, pavements, horticulture, power back up provision and such other services for the proper running, maintenance and operation of Common Areas.
12.3 The Allottee agrees to maintain at the Club House or close of each financial year ending on 31st March the IBMS with the Association of Allottees / the Competent Authority, as the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance be. The applicable interest rate on IBMS shall be part as per the prevailing interest rates of the maintenance charges payable by bank in which the occupants. Unless the possession said amount is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/buildingdeposited.
13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The Allottee shall not withhold payment of the same on any account whatsoever.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 The Promoter shall be responsible to provide and maintain essential services in the Project for three months or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ months‟ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, ,; the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of allottees and the cost of maintenance shall be borne by the Promoter and the Allottees, proportionate to the plots/apartments/plots / apartments / buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 . From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘„The Rates and Taxes’Taxes‟).
(iii) The Allottee shall not withhold payment of the same on any account whatsoever.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 The Promoter shall be responsible to provide and maintain essential services in the Project for three months or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project Project by the association of allottees or competent authority, as the case may be, upon the issuance of the occupation certificate/ part thereof, part completion certificate/ completion certificate of the Project, as the case may be. The Allottee undertakes to pay maintenance charges as provided for in the maintenance agreement (to be separately executed between the Allottee and the cost maintenance agency appointed by the Promoter) at the time of handing over the possession of the Apartment. Once the maintenance of the Project is handed over to the association of allottees or competent authority, as the case may be, the Allottee shall pay the maintenance charges to the said association of allottees or the maintenance agency appointed by it. . Power back-up for the installed electrical load for the Apartment shall be made available subject to timely payment of maintenance charges by the Allottee. The Allottee shall not be entitled to claim any damage/loss whether direct or consequential from the Promoter / maintenance agency or any entity providing the power back-up in the event of low voltage, low frequency, inconsistent, erratic or non-availability of such power back-up or any failure due to any reason beyond the control of the Promoter and/or the maintenance agency / any other entity providing the power back-up. The provision for the power back-up shall be borne done through DG Sets, capacity for which shall be decided by the Promoter considering a suitable diversity and the Allotteesload factor, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupantsApplicable Laws. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The Allottee shall not withhold payment make use of the same on any account whatsoeverenergy efficient light fixtures and fittings.
Appears in 1 contract
Samples: Agreement for Sale
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project for three six months from completion / occupancy certificate or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlierallottees. The interest and enjoyment of the Said Apartment/Unit, Parking Space, if any and the Common Areas by the Allottee shall be subject to the observance, fulfilment and performance of the terms and conditions of the Agreement as also the Rules & Regulations mentioned in Schedule-J which the Allottee shall be obliged and responsible to comply with strictly. The cost of such 3 months’ maintenance only has been included in will be paid/ borne by the total price Allottee to the Promoter from the date of the Apartment.
(i) After deemed taking over possession and/or after handing over Notice of Possession or obtaining completion/occupancy certificate, whichever is earlier, till handover of maintenance of the Project / Phase project to the association, all municipal taxes and other outgoings including maintenance charges payable in respect thereafter to the association of the Apartment shall be paid borne and discharged by the Allotteeallottees. In case the formation of the Association is delayed beyond the said period, period due no fault of the Promoter; the Promoter shall may provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actualsPromoter.
(ii) The Promoter shall be responsible to provide and maintain essential services in 11.2 In the Project till the taking over of the maintenance of the project by the association of allottees and the cost of maintenance shall be borne by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect event of any plot/apartment/building.
13.2 From the end of 3 (three) months from the notice of possession default, the Allottee shall be liable for payment of interest at prime lending rate of State Bank of India plus two per cent p.a. on amounts outstanding and payif such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented to the following:
(i) regularly and punctually a. To the proportionate share discontinuance of maintenance chargessupply of electricity to the said Apartment/Unit if supplied through a sub-meter.
b. To the discontinuance of water supply;
(ii) regularly c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and punctually make payment visitors;
d. To discontinuance of the proportionate share facility of rates DG Power back-up;
e. To discontinuance of the usage of all amenities and taxes facilities provided in the Complex to the said Allottee and/his/her/their family members and other outgoings (hereinafter referred to as ‘The Rates guests, staff and Taxes’)visitors.
(iii) f. The Allottee Promoter or the Association shall not withhold payment of become entitled to all rents accruing from such Apartment if the same on any account whatsoeverApartment has been let out and/or is under tenancy and/or lease.
Appears in 1 contract
Samples: Agreement for Sale
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project for three months or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or deemed possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, period of 03 months; the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.the
(ii) The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of allottees and the cost of maintenance shall be borne by the Promoter and the Allottees, proportionate to the plots/apartments/plots / apartments / buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STPequipments, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/buildingallottees.
13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) a. regularly and punctually the proportionate share of maintenance charges;
(ii) b. regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) c. The Allottee shall not withhold payment of the same on any account whatsoever.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 The Promoter shall be responsible to provide and maintain the essential services in the Project for three months or Project, till the taking over of the maintenance of the project / phase Project by the association Association of allottees upon the issuance of the allottees whichever is earliercompletion certificate of the Project. The cost of such 3 months’ maintenance only has been included in the total price Total Price of the Apartment.
/Flat. Interim Maintenance Period: During the interim maintenance period between obtaining of the completion certificate of the Project and formation and operationalization of the Association the Promoter shall through itself or through a Facility Manager Company run, operate, manage and maintain the Common Areas/Amenities and Facilities. Authorised Representative/ Facility Manager of the Company shall be responsible for the maintenance and operation of the Common Areas /Amenities and Facilities and will be required to provide manpower for maintaining the Common Areas /Amenities and Facilities, wherever required, and to collect maintenance charges and also guest charges and the user charges for the utilities being provided on “pay by use” basis ,if any. The maintenance and management of Common Areas /Amenities and Facilities by the Committee will primarily include but not limited to maintenance of water works, common Electrical installations, DG Sets (i) After deemed taking over possession and/or after handing over if any), Landscaping, Driveways, Parking areas, Lobbies, and Lifts & staircases etc. It will also include safety and security of the Project such as fire detection and protection and management of general security control of the Project. The Rules/ Bye Laws to regulate the use and maintenance of the Project / Phase to Common Areas shall during the associationInterim Maintenance Period, all municipal taxes may be framed by the Promoter with such restrictions as may be necessary for proper maintenance. After the Common Areas /Amenities and other outgoings including maintenance charges payable in respect Facilities of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is are handed over to the Association, the Association may adopt the Rules and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed Bye laws framed by the Promoter at actuals.
(ii) The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of allottees and the cost of maintenance shall be borne by the Promoter and the AllotteesPromoter, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connectionswith or without amendments, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed deemed necessary by the Management of the Club House or as the case may be the service provider, from time to timeAssociation.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The Allottee shall not withhold payment of the same on any account whatsoever.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project for three months or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter Owner shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of allottees and the allottees. The cost of such maintenance shall be borne has been included in the Total Price of the said Apartment subject, however, to the obligation of the Allottee to pay maintenance charges as mentioned in in clause 7.2 above.
11.2 In case, however, for any reason whatsoever the maintenance of the Project is not taken over by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management association of the Club House or as the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 From the end of allottees within 3 (three) months from the date of the Owner obtaining the partial/full completion certificate (and/or the occupancy certificate, if there be any under the relevant provisions of law) of the Project then, and in such event, the Allottee shall become liable to pay maintenance charges to the Owner or to the nominated agency of the Owner, as the case may be, till such time the maintenance of the Project and/or of the Project is taken over by the association of allottees.
11.3 Unless otherwise agreed/offered by the Owner, the liability to pay maintenance charges for the Residential Common Areas as also for the Shared Common Areas (proportionately or wholly, as the case may be) will commence on and from the deemed date of possession of the Flat i.e. the expiry of the period of 15 days from the date of the Owner giving notice of possession of the Flat to the Allottee. The maintenance charge for the Residential Common Areas as also for the Shared Common Areas (proportionately or wholly, as the case may be) will be calculated considering all the inputs of expenses including but not limited to the then current electricity tariff, diesel rate, minimum wages and Annual Maintenance Charges (AMCs) of common electromechanical equipment and also including a maintenance fee for the efforts made by the Owner to render these common services and facilities. The maintenance charges as also a maintenance fee @ 8% of such maintenance charges will be payable on per sq. ft. basis on the super built up area of the Flat (“Common Area Maintenance Charge”).
11.4 The Common Areas Maintenance Charge shall be increased 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 Owner 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 before the scheduled yearly increase.
11.5 If the Allottee fails to pay the dues/outstanding amounts of any part/portion thereof as mentioned in the notice of possession within the deemed date of possession mentioned therein AND/OR if the Allottee does not take over the possession of the Flat even after making the payment of the said dues/outstanding amounts as mentioned in the notice of possession within the deemed date of possession, in such event the Allottee shall be liable to pay maintenance charges at the rate it is demanded by the Owner or it's nominated agency(ies), as the case may be, and pay:
(i) regularly and punctually also the proportionate share municipal taxes in respect of maintenance charges;their Flat wholly and for the Common Area proportionately from the deemed date of possession as mentioned in the notice of possession.
(ii) regularly 11.6 In case WBSEDCL /any other electricity supply agency decides not to provide individual meters to the allottees and punctually make provision for a high-tension supply or bulk supply, the Owner shall provide sub-meters to the allottees upon payment by them of the proportionate share Security Deposit payable to WBSEDCL/ any other electricity supply agency for such connection. The amount of rates one- time charges paid for installation of electricity in the Project (“Bulk Electricity Charges"”) payable by the Allottee on or before possession is part of Total Price. The Bulk Electricity Charges comprises of inter-alia the amount of electricity security deposit paid by the Owner to the electric supply agency for getting electric supply connection to the Project. The electricity security deposit would be subject to revision and taxes replenishment as may be so decided by WBSEDCL/ any other electricity supply agency from time to time and the allottees, including the Allottee herein shall, at all times, be liable to proportionately pay such revision/ replenishment to WBSEDCL or any other outgoings (hereinafter referred electricity supply agency, as per the norms of WBSEDCL or any other electricity supply agency. In such a case the Allottee may be required to enter into a separate agreement with the Owner or with WBSEDCL or any other electricity supply agency, as ‘The Rates and Taxes’)the case may be, for supply of electricity through sub meters.
11.7 Provision has been made for the installation of Diesel Generator (iiiDG) for power backup to run the basic facilities at the Project. In addition to that, DG back up facility (upto specified KVA’s as may be so decided by the Owner considering the size of the Flat) is also being made available for every Flat at extra charges on per KVA basis. The Allottee shall not withhold payment will be required to pay for the allotted DG Backup facility for the Flat on or before taking possession of the same Flat after paying the applicable charges and such charges will be in addition to the Total Price. In case the Allottee requires additional DG power load in their Flat, in addition to the load already allotted to the Allottee then, and in such event the Allottee shall indicate such additional requirement within 7 days of receiving the letter of intimation from the Owner for letting the Owner know about such additional requirement, if there be any. The extra DG power load shall be allotted (in multiples of KVA) by the Owner subject to availability. The Allottee will, however, be required to pay DG usage charges of the load ultimately allotted to the Allottee on the basis of a suitable mechanism as shall be devised and/or be ascertained by the Owner in due course. However that DG Power Backup for this project is provisional, and the above said conditions and terms mentioned herein before (Para 11.7) will be applicable when DG Power backup will be installed.
11.8 The Owner shall provide connectivity of various telecom/ high speed broadband/ other similar telecom and IT facilities to the Project and/or may enter into agreement /contract (on such terms and conditions and for such period as the Owner shall decide) with various 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 Owner within the Project and which would be declared to be common facilities by the Owner.
11.9 The Allottee will be required to pay to the Owner, the charges for documentation @ 1% (One percent) of the price of the Flat and the price of exclusive right to use the Car or Bike parking Space. The documentation charges will be part of the Total Price.
11.10 Failure to pay Maintenance Charges and Electricity 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 15% per annum on the outstanding dues for the period of the delay, calculated from the due date till the date of actual payment.
11.11 The Allottee, on or before possession, shall deposit an interest free amount of Rs. 24,000/- (Rupees Twenty-Four only) as security deposit of building maintenance in respect of the Flat ("Maintenance Security Deposit”) which amount will be one of the amounts payable towards the execution of Sale Agreement of the Flat. The Owner reserves the right to utilize or adjust this deposit for any account whatsoeverun-paid or recoverable maintenance charges since the date of possession or during continuation of Xxxxxxxx’s possession.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 i) The Promoter shall be responsible to provide and maintain essential services in the aforesaid Project for three months or till the taking over of the maintenance of the project / phase said Project by the association Association to be formed by the Allottee(s) and registration upon the issuance of the allottees whichever is earliercompletion certificate of the aforesaid Project. The cost of such 3 months’ maintenance only for one year has been included excluded in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect Total Price of the Apartment on the basis that the Association shall be paid borne formed within a period of 30 days from the date of Completion Certificate issued by Baikanthapur II Gram Panchayat and discharged by at the Allotteetime of handing over the maintenance to the said Association any excess amount remain with the Promoter shall be handed over to the said Association. Similarly, if any amount is found to be shortfall in such case the Allottee(s) shall be liable to pay the same to the Promoter.
ii) In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees Allottee(s) shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actualsactual.
(iiiii) During the interim maintenance period between obtaining of the completion certificate of such Project and formation, registration and operationalization of the Association the Promoter shall through itself or through a facility management company constitute a committee to run, operate, manage and maintain the Common Areas.
iv) The Promoter shall endeavor that the committee responsible for the maintenance and operation of the Common Areas will be responsible required to provide manpower for maintaining the Common Areas, wherever required, and maintain essential services in to collect maintenance charges and also guest charges and the user charges for the utilities being provided on “pay by use” basis, if any.
v) The maintenance and management of Common Areas by the committee will primarily include but not limited to maintenance of water works, common electrical installations, DG Sets, landscaping, driveways, parking areas, lobbies, lifts and staircases, AMC’s etc. It will also include safety and security of the Project till the taking over such as fire detection and protection and management of general security control of the Project.
vi) The Rules / Bye Laws to regulate the use and maintenance of the project by Common Areas shall during the association of allottees and the cost of interim maintenance period shall be borne framed by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges with such restrictions as may be fixed by necessary for proper maintenance and all the Management of Allottee(s) are bound to follow the Club House or as the case may be the service provider, from time to timesame.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The Allottee shall not withhold payment of the same on any account whatsoever.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 11.1 The Promoter Sub-Lessor shall be responsible to provide and maintain essential services in the Project for three months from completion / occupancy certificate or till the taking over of the maintenance of the project / phase by the association of the allottees allottees, whichever is earlier. The cost of such 3 months’ maintenance only has been included will be paid/ borne by the Allottee to the Promoter from the date of obtaining completion/occupancy certificate till handover of maintenance of the project to the association, and thereafter to the association of allottees.
11.2 The Sub-Lessee acknowledges that until formation of the Association, the Sub-Lessor shall, at its sole discretion, be entitled to maintain or cause to maintain the Building, the Common Areas and Amenities and the said Premises by appointment of Manager or otherwise, or through a separate maintenance agreement with a third party/agency(ies). The Sub-Lessee further acknowledges that the Building and Common Areas and Amenities may be handed over to such Manager for maintenance progressively upon completion and the Sub-Lessee herein doth hereby agree to bear the Common Expenses proportionately as described in Schedule-F. The Sub-Lessee agrees to proportionately contribute the costs and expenses for such maintenance and to be bound by the rules and regulations that may be framed by the third party/agency(ies) and/or the Sub-Lessor.
11.3 As and when any plant and machinery, including but not limited to, DG sets, electric sub-stations, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up gradation, additions etc. the cost thereof shall be contributed by all the apartment acquirers in the total price project on pro-rata basis as specified by the association. The Promoter and upon handover the Association, shall have the sole authority to decide the necessity of such replacement, upgradation, additions etc. including its timings or cost thereof and the allottee agrees to abide by the same.
11.4 The Sub-Lessee shall be liable to pay all rates, taxes and outgoings in respect of the Apartmentsaid Unit leviable for the period from the date of issuance of the Notice for Fitout for the said Unit in favour of the Sub-Lessee, irrespective of whether the Sub-Lessee takes actual physical possession of the said Unit. Until the determination of the person liable to pay tax by the KMC or until the separate assessment/apportionment and/or mutation of the said Unit, the Sub-Lessee shall periodically pay and/or reimburse to the Sub-Lessor the proportionate amount of municipal rates, taxes, outgoings or impositions as may be found payable on account and in respect of the said Unit from the date of issuance of the Notice for Fitout for the said Unit in favour of the Sub-Lessee. Upon the determination of the person liable to pay tax by the KMC or upon the separate assessment/apportionment and/or mutation of the said Unit, the Sub-Lessee shall solely be responsible to pay such entire municipal rates, taxes, outgoings or impositions as may be assessed on account and in respect of the said Unit. In addition to the amount of such municipal rates, taxes, outgoings and impositions, the Sub-Lessee shall also proportionately bear and pay all other applicable rates and impositions wholly for the said Unit and proportionately for the Project from the date of issuance of the Notice for Fitout for the said Unit in favour of the Sub-Lessee.
(i) After deemed 11.5 Upon taking over possession and/or after handing over maintenance of the Project / Phase to the associationdeemed possession, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be continue to be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the association of allottees and the cost of maintenance shall be borne by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and payto:
(i) regularly and punctually make payment of the proportionate share of maintenance chargescharges including applicable taxes, and without any abatement and/or deduction on any account whatsoever or howsoever;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).outgoings;
(iii) The the Allottee shall not withhold payment of the same maintenance charges and rates and taxes on any account whatsoever.
(iv) in the event of any default, the Allottee shall be liable for payment of interest at prime lending rate of State Bank Of India plus two per cent p.a. on amounts outstanding and if such default shall continue for a period of two months the Promoter or the Association as the case may be, without prejudice to their rights and contentions shall be entitled to and the Allottee shall be deemed to have consented to the following:
a. To the discontinuance of supply of electricity to the said Apartment/Unit
b. To the discontinuance of water supply;
c. Not to allow the usage of lifts, either by Xxxxxxxx, his/her/their family members, domestic help, staff and visitors;
d. To discontinuance of the facility of DG Power back-up;
e. To discontinuance of the usage of all amenities and facilities provided in the Complex to the said Allottee and/his/her/their family members and guests, staff and visitors.
f. The Promoter or the Association shall become entitled to all rents accruing from such Apartment if the Apartment has been let out and/or is under tenancy and/or lease.
g. The Allottee shall not sell, transfer, alienate, assign, and/or encumber nor create any interest of third party nor part with possession of the Apartment or any part or portion thereof till such time all accounts payable are fully paid and/or liquidated with interest as agreed upon and such negative covenant will be enforceable in law, and in the event of sale and transfer of the Apartment, the Promoter and/or the Association as the case may be, will have first charge and/or lien over the sale proceeds for the purpose of realization and/or recovery of arrears together with interest accrued and due thereon. The above said discontinuances of the services and facilities shall not be restored till such time the Allottee have made payment of all the dues together with interest accrued at the aforesaid rate, including all costs, charges and expenses incurred till then by the Promoter/Association to realize the due amount from the Allottee, and the Allottee assuring not to make such defaults in future.
Appears in 1 contract
Samples: Sub Lease Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 i) The Promoter shall be responsible to provide and maintain essential services in the said Project for three months or till the taking over of the maintenance of the project / phase said Project by the association Association of Allottee subject to its formation and registration upon the issuance of the allottees whichever is earliercompletion certificate of the Project. The cost of such 3 months’ maintenance only has been included in the total price Clause 1.2.2 on the basis that the Association shall be formed within a period of 90 days from the Apartmentdate of Completion Certificate.
(iii) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees Allottee shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(iiiii) During the interim maintenance period between obtaining of the completion certificate of such Project and formation, registration and operationalization of the Association the Promoter shall through itself or through a facility management company constitute a committee to run, operate, manage and maintain the Common Areas.
iv) The Promoter shall endeavour that the committee responsible for the maintenance and operation of the Common Areas will be responsible required to provide manpower for maintaining the Common Areas, wherever required, and maintain essential services in to collect maintenance charges and also guest charges and the user charges for the utilities being provided on “pay by use” basis ,if any.
v) The maintenance and management of Common Areas by the committee will primarily include but not limited to maintenance of water works, common electrical installations, DG Sets, landscaping, driveways, parking areas, lobbies, lifts, staircases, AMC’s etc. It will also include safety and security of the Project till the taking over such as fire detection and protection and management of general security control of the Project.
vi) The Rules/Bye Laws to regulate the use and maintenance of the project by Common Areas shall during the association of allottees and the cost of interim maintenance period shall be borne framed by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges with such restrictions as may be fixed necessary for proper maintenance and all the Allottee are bound to follow the same.
vii) After the Common Areas of the Project are handed over to the Association, the Association may adopt the Rules and the Bye laws framed by the Management Promoter, with or without amendments, as may be deemed necessary by the Association.
viii) The Common Areas of the Club House or as said Project shall be handed over to the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs Association upon formation of such AMC and Insurance shall be part of association (the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’“Association”).
(iiiix) The Allottee shall not withhold payment will be required to complete the formalities of becoming a member of the same Association and also to comply with the Rules and Bye- laws of the Association.
x) The Promoter shall at an appropriate time within a maximum period of 30 days from the date of completion certificate of the said Project notify the detailed scheme of formation of the Association to the Allottee (as also to all other Allottee of other apartments of Project) in accordance with applicable laws so as to enable them to constitute/form such Association.
xi) As and when any plant and machinery, including but not limited to, DG sets, pumps, firefighting equipment or any other plant, machinery and/or equipment of capital nature etc. require replacement, up-gradation, additions etc. the cost thereof shall be contributed by all the apartment acquirers in the project on any account whatsoeverpro-rata basis as specified by the Association. The Promoter and upon formation the Association shall have the sole authority to decide the necessity of such replacement, up-gradation, additions etc. including its timings or cost thereof and the Allottee agree to abide by the same.
xii) The Allottee has also agreed to perform and observe terms and conditions covenants stipulations and obligations for the use and occupation of the said apartment which will appear in detail in the Agreement for Facility and Maintenance charges to be executed at or prior to the commencement of liability.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 i) The Promoter shall be responsible to provide and maintain essential services in the aforesaid Project for three months or till the taking over of the maintenance of the project / phase said Project by the association Association to be formed by the Allottee(s) and registration upon the issuance of the allottees whichever is earliercompletion certificate of the aforesaid Project. The cost of such 3 months’ maintenance only for one year has been included excluded in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect Total Price of the Apartment on the basis that the Association shall be paid borne and discharged formed within a period of 30 days from the date of Completion Certificate issued by the AllotteeMunicipality and at the time of handing over the maintenance to the said Association any excess amount remain with the Promoter shall be handed over to the said Association. Similarly, if any amount is found to be shortfall in such case the
ii) In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees Allottee(s) shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actualsactual.
(iiiii) During the interim maintenance period between obtaining of the completion certificate of such Project and formation, registration and operationalization of the Association, the Promoter shall through itself or through a facility management company constitute a committee to run, operate, manage and maintain the Common Areas.
iv) The Promoter shall endeavor that the committee responsible for the maintenance and operation of the Common Areas will be responsible required to provide manpower for maintaining the Common Areas, wherever required, and maintain essential services in to collect maintenance charges and also guest charges and the user charges for the utilities being provided on “pay by use” basis, if any.
v) The maintenance and management of Common Areas by the committee will primarily include but not limited to maintenance of water works, common electrical installations, DG Sets, landscaping, driveways, parking areas, lobbies, lifts and staircases, AMC’s etc. It will also include safety and security of the Project till the taking over such as fire detection and protection and management of general security control of the Project.
vi) The Rules / Bye Laws to regulate the use and maintenance of the project by Common Areas shall during the association of allottees and the cost of interim maintenance period shall be borne framed by the Promoter and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges with such restrictions as may be fixed by necessary for proper maintenance and all the Management of Allottee(s) are bound to follow the Club House or as the case may be the service provider, from time to timesame.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The Allottee shall not withhold payment of the same on any account whatsoever.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 1. The Promoter shall be responsible to provide and maintain essential services in the Project for three months or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter shall be responsible to provide and maintain essential services in the Project till until the taking over of the maintenance of the project by the association of allottees upon the issuance of the completion certificate of the project. The cost of such maintenance has been included in the Total Price of the Apartment. However, the maintenance charges are required to be paid at the time of possession of the Schedule "II" Apartment. The Promoter shall use the amount for maintenance of the building on the Schedule "I" property and the cost Club House. It is also significant to note that the maintenance charges deposited by the Allottee is an exhaustible fund for a limited period only i.e. till 31stMarch, 2020 or 48 months from the date of maintenance first possession. And a registered Society would be required to be formed by the inhabitants of the Colony and the Promoter shall also nominate a person to become a member of the said Society and after the registration of the said Society, the Promoter would transfer the interest free Society deposit charges (Rs. 1,50,000/-for maintaining the Schedule I property, for each flat/dwelling received from the Allottee and from the other residents ) in the Bank Account of this Society, which would act as a Corpus Fund enabling the Society to maintain all common areas after 31st March, 2020 or 48 months from the date of first possession. It is also made clear that as the Promoter has undertaken to maintain the said complex till 31.03.2020 or 48 months from the date of first possession, therefore the proportionate amount received from the Allottee and all other purchasers would be borne adjusted towards the expenses incurred by the Promoter for the maintenance of the said Colony & club house and only Rs. 1, 50,000/- for each flat (for maintaining the Allottees, proportionate schedule I Property) would be transferred to the plots/apartments/buildings in their respective occupationSociety. The facilities like Club House and service connectionsPromoter shall not be liable to produce any accounts for the expenses incurred on maintenance. Internal maintenance of common areas of blocks would be handed over Phase wise. However, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management maintenance of the Club House or as common areas outside the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, tower e.g. gardens etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupants. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The Allottee shall not withhold payment of the same on any account whatsoever.would only be
Appears in 1 contract
Samples: Agreement for Sale
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 The Promoter shall be responsible to provide and maintain essential services in the Project for three months or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project Project by the association of allottees or competent authority, as the case may be, upon the issuance of the occupation certificate/ part thereof, part completion certificate/ completion certificate of the Project, as the case may be. The Allottee undertakes to pay maintenance charges as provided for in the maintenance agreement (to be separately executed between the Allottee and the cost maintenance agency appointed by the Promoter) at the time of handing over the possession of the Apartment. Once the maintenance of the Project is handed over to the association of allottees or competent authority, as the case may be, the Allottee shall pay the maintenance charges to the said association of allottees or the maintenance agency appointed by it. Power back-up for the installed electrical load for the Apartment shall be made available subject to timely payment of maintenance charges by the Allottee. The Allottee shall not be entitled to claim any damage/loss whether direct or consequential from the Promoter / maintenance agency or any entity providing the power back-up in the event of low voltage, low frequency, inconsistent, erratic or non-availability of such power back-up or any failure due to any reason beyond the control of the Promoter and/or the maintenance agency / any other entity providing the power back-up. The provision for the power back-up shall be borne done through DG Sets, capacity for which shall be decided by the Promoter considering a suitable diversity and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House load factor and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupantsApplicable Laws. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The Allottee shall not withhold payment make use of the same on any account whatsoeverenergy efficient light fixtures and fittings.
Appears in 1 contract
Samples: Agreement for Sale
MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT. 13.1 The Promoter shall be responsible to provide and maintain essential services in the Project for three months or till the taking over of the maintenance of the project / phase by the association of the allottees whichever is earlier. The cost of such 3 months’ maintenance only has been included in the total price of the Apartment.
(i) After deemed taking over possession and/or after handing over maintenance of the Project / Phase to the association, all municipal taxes and other outgoings including maintenance charges payable in respect of the Apartment shall be paid borne and discharged by the Allottee. In case the formation of the Association is delayed beyond the said period, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actuals.
(ii) The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project Project by the association of allottees or competent authority, as the case may be, upon the issuance of the occupation certificate / part thereof, part completion certificate / completion certificate of the Project, as the case may be. The Allottee undertakes to pay maintenance charges as provided for in the maintenance agreement (to be separately executed between the Allottee and the cost maintenance agency appointed by the Promoter) at the time of handing over the possession of the Apartment. Once the maintenance of the Project is handed over to the association of allottees or competent authority, as the case may be, the Allottee shall pay the maintenance charges to the said association of allottees or the maintenance agency appointed by it. At the time of handing over of the maintenance of the Project, the Interest Free Maintenance Security Deposit (IFMSD) paid by the Allottee shall be transferred to the association of allottees or competent authority, as the case may be. In case the Allottee/ association of allottees fails to take possession of the said essential services as envisaged in the Agreement or prevalent laws governing the same, then in such case, the Promoter has right to recover such amount as may be spent on maintaining such essential services beyond the date of occupation certificate /part thereof from the Allottee on pro-rata basis. Power back-up for the installed electrical load for the Apartment shall be made available subject to timely payment of maintenance charges by the Allottee. The Allottee shall not be entitled to claim any damage / loss whether direct or consequential from the Promoter / maintenance agency or any entity providing the power back-up in the event of low voltage, low frequency, inconsistent, erratic or non-availability of such power back-up or any failure due to any reason beyond the control of the Promoter and / or the maintenance agency / any other entity providing the power back-up. The provision for the power back-up shall be borne done through DG Sets, capacity for which shall be decided by the Promoter considering a suitable diversity and the Allottees, proportionate to the plots/apartments/buildings in their respective occupation. The facilities like Club House load factor and service connections, like water and sewerage supply, which are common to the entire project undertaken in phases, shall be jointly maintained by the Promoter and the Association till the entire project is completed. The Club House and its services shall be subject to user charges as may be fixed by the Management of the Club House or as the case may be the service provider, from time to time.
(iii) All other infrastructural facilities, including the equipment like lift, elevator, mechanical, electrical or electronic equipment, STP, etc., shall always be covered by appropriate annual maintenance agreements and insurance agreements with the authorized service providers and the costs of such AMC and Insurance shall be part of the maintenance charges payable by the occupantsApplicable Laws. Unless the possession is delivered to the allottee, the Promoter shall be the occupant in respect of any plot/apartment/building.
13.2 From the end of 3 (three) months from the notice of possession the Allottee shall be liable and pay:
(i) regularly and punctually the proportionate share of maintenance charges;
(ii) regularly and punctually make payment of the proportionate share of rates and taxes and other outgoings (hereinafter referred to as ‘The Rates and Taxes’).
(iii) The Allottee shall not withhold payment make use of the same on any account whatsoeverenergy efficient light fixtures and fittings.
Appears in 1 contract
Samples: Sale Agreement