POSSESSION OF THE APARTMENT. PLOT 8.1 Schedule for possession of the said Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. 8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex. 8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 5 contracts
Samples: Agreement for Sale, Agreement for Sale, Buyers Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1. Schedule for the possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the Common Areas common areas to the Association association of allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,along with a grace period ready and complete common areas with all specifications, amenities and facilities of twelve months (Completion date) the project in case the Promoter fails to complete the Project. place unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 7.2. Procedure for taking possession — The right Promoter, upon obtaining the occupancy certificate from the competent authority shall offer in writing the possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightApartment, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within two months from the milestones on which payment is duedate of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The dates provided are only tentative Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the purpose project. The promoter shall hand over the occupancy certificate of dealing with contractors and will also make efforts the apartment/ plot, as the case may be, to complete various stages as per the allottee at the time schedule upto completion of conveyance of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovesame.
Appears in 4 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , [Apartment/Plot] is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) [Apartment/Plot] on, Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in case writing the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], Provided that such Force Majeure conditions are not to the Allottee in terms of a nature which make it impossible for the contract this Agreement to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining taken within 3 (three months from the Completion Certificate/ Partial Completion Certificate date of a building block or a particular phase as the case may be irrespective issue of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated such notice and the Promoter shall refund give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the entire amount received provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter Promoter/association of Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the allotment within 45 days from that date.After refund of the money paid by the AllotteePromoter as per clause 7.2, the Allottee agrees that he/ she shall not have any rights, claims etc. against take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and that such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be released and discharged from all its obligations and liabilities under this Agreementliable to pay maintenance charges as applicable. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned Possession by the Promoter Allottee – After obtaining the occupancy certificate* and handing over physical possession of the Allottee [Apartment/Plot] to the Allottees, it shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right responsibility of the Allottee shall remain restricted Promoter to hand over the necessary documents and plans, including common areas, to the respective Apartment and association of the properties appurtenant thereto and Allottees or the competent authority, as the case maybe, as per the local laws. Cancellation by Allottee – The Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and the right to cancel/withdraw his allotment in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has as provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.Act:
Appears in 4 contracts
Samples: Agreement for Sale, Agreement for Sale, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment]: The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,within months, from the date sanction of building plan, with a grace an additional period of twelve months (Completion date) in case the Promoter fails to complete the Project. months, unless there is a delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that date.date without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It Procedure for taking possession - The Developer, upon applying for the occupancy certificate to the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this agreement to be taken within 3 (Three) month from the date of issue of such notice and the Developer shall give possession of the Apartment to the Allottee. The Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Developer. The Allottee agree(s) to pay the maintenance charges as determined by the Developer / association of Allottees, as the case may be. The Developer on its behalf shall offer the possession to the Allottee in writing within days from the date of applying for the occupancy certificate of the Project. take possession of the Apartment from the Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Developer shall give possession of the Apartment to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment. The balance amount of money paid by the allottee shall not be returned by the Promoter and Developer to the Allottee shall be free to approach the authorities concerned for refund allottee within 45 days of such taxes, charges, levies, cess, assessments and impositionscancellation.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees Allottees, is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date mentioned herein and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,within 36 months with a further grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. 6 months, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or circumstances as may be notified under any order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 Procedure for taking possession-
(i) Possession for Fit-Out: In case the Allottee seeks permission for carrying out Fit-Out within his Apartment, he will be permitted to do so only upon receiving the Completion Certificate(or at least after application for grant of CC is made) and upon payment of the entire consideration and Extras and Deposits as provided herein and also the requisite Stamp Duty and Registration charges payable on registration which shall be kept deposited by the Promoter in a designated Account till registration. During this time the Allottee will not be entitled to use the Apartment till Occupation /Completion Certificate is received and Deed of Conveyance is executed.
(ii) The Promoter has provided Promoter, upon obtaining the occupancy certificate/Completion Certificate from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate (Provided that , in the absence of local law the Conveyance Deed in favor of the Allottee shall be carried out by the Promoter within 3 months from the date of issue of Occupancy Certificate/Completion Certificate as the case may be). However, upon the Promoter giving a time schedule for construction progress based on written notice, the milestones on which payment is duePromoter shall give and the Allottee shall take possession of the Apartment within 15 (fifteen) days of the written notice. The dates provided are only tentative Promoter agrees and for undertakes to indemnify the purpose Allottee in case of dealing with contractors and will also make efforts failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to complete various stages pay the maintenance charges as per determined by the time schedule upto completion Promoter/association of Allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing after receiving the occupancy certificate/Completion Certificate of the Project. The Promoter shall hand over the photocopy of the Completion Certificate of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures to the Allottee that at the Project will time of conveyance of the same.
(iii) At the time of registration of conveyance of the structure of the building or wing of the building to the Association of Allottees, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said Building /wing of the building. At the time of registration of conveyance or Lease of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said land to be completed within executed in favour of the ‘Completion date’ provided in Clause 8.1 aboveApex Body or Federation.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: The Designated Apartment and the Promoter agrees and understands that timely delivery of possession of the Designated Apartment to the Allottee allottee and the Common Areas common areas to the Association association of allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Designated Apartment on …………,along with ready and complete common areas with all specifications, amenities and facilities of the project in place within 30/12/2023 with a grace period upto 6months stipulated date of twelve months (Completion date) in case the Promoter fails to complete the Project. completion barred from Act of God, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature or other exigency affecting the regular development of the real estate project including delay in any Tenant vacating his occupied portion at the said premises (“"Force Majeure”."). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Designated Apartment, . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes becomes, impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes.
7.2 Procedure for taking possession - The Promoter, chargesupon obtaining the completion certificate from the competent authority shall offer in writing the possession of the Designated Apartment, leviesto the Allottee in terms of this Agreement to be taken within two months from the date of issue of completion certificate, cessProvided that, assessments in the absence of local law, the delivery of possession and impositions and deposited with execution of conveyance deed in favour of the appropriate authorities concerned allottee shall not be returned simultaneously carried out by the Promoter within 3 months from the date of issue of completion certificate Provided the Allottee takes such possession and pays the Total Price, Stamp duty, registration charges etc., and gets the conveyance registered in his favour. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Promoter shall hand over the copy of the completion certificate of the Designated Apartment, as the case may be, to the Allottee at the time of conveyance of the same.
7.3 Failure of Allottee to take Possession of Designated ApartmentUpon receiving a written intimation from the Promoter as per Clause7.2, the Allottee shall within the period mentioned in such intimation take possession of the Designated Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Designated Apartment to the Allottee. In case the Allottee fails to take possession within the time provided in clause7.2, such Allottee shall continue to be free liable to approach pay maintenance charges as specified in clause7.2 and all taxes and outgoings relating to the authorities concerned Designated Apartment and for refund all damages to the Designated Apartment and/or other parts of such taxes, charges, levies, cess, assessments and impositionsthe building.
8.2 The right 7.4 Possession by the Allottee - After obtaining the completion certificate and occupancy certificate and handing over physical possession of the Allottee shall remain restricted Designated Apartment to the respective Apartment and Allottees, it shall be the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions responsibility of the Project or Complex.
8.3 The Promoter has provided to hand over the necessary documents and plans, including common areas, to the Allottee a time schedule for construction progress based on association of Allottees or the milestones on which payment is due. The dates provided are only tentative and for competent authority, as the purpose of dealing with contractors and will also make efforts to complete various stages case may be, as per the time schedule upto completion local laws: Provided that, in the absence of the Project including the provisions of civic infrastructure like waterany local law, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in shall handover the timelines provided but necessary documents and plans, including common areas, to the Promoter assures association of Allottees upon its registration or the Allottee that competent authority, as the Project will be completed within case may be, after obtaining the ‘Completion date’ provided in Clause 8.1 abovecompletion certificate.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,31.12.2022, with a grace period of twelve six months (Completion date) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or , order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities / Amenities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided herein above and accordingly tentative dates are mentioned in Clause 8.1 abovethe payment plan.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment]: The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,within months, from the date sanction of building plan, with a grace an additional period of twelve months (Completion date) in case the Promoter fails to complete the Project. months, unless there is a delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that date.date without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It failure of fulfillment of any of the provisions, formalities, documentation on part of the Developer. The Allottee agree(s) to pay the maintenance charges as determined by the Developer / association of Allottees, as the case may be. The Developer on its behalf shall offer the possession to the Allottee in writing within days from the date of applying for the occupancy certificate of the Project. Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment. The balance amount of money paid by the allottee shall not be returned by the Promoter and Developer to the Allottee shall be free to approach the authorities concerned for refund allottee within 45 days of such taxes, charges, levies, cess, assessments cancellation without any interest and impositions.
8.2 The right after deduction of the Allottee shall remain restricted tax which was already paid to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or ComplexGovernment.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment]: The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,within 31st March, 2026, from the date sanction of building plan, with a grace an additional period of twelve months (Completion date) in case the Promoter fails to complete the Project. 6months, unless there is a delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that date.date without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment. The balance amount of money paid by the allottee shall not be returned by the Promoter and Developer to the Allottee shall be free to approach the authorities concerned for refund allottee within 45 days of such taxes, charges, levies, cess, assessments cancellation without any interest and impositions.
8.2 The right after deduction of the Allottee shall remain restricted tax which was already paid to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or ComplexGovernment.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1. Schedule for possession of the said Apartment: Said Apartment - The Promoter agrees and understands that timely delivery of possession of the Said Apartment to the Allottee Allottees and the Common Areas of the Real Estate Project to the Association association of the Allottees , allottees (upon its formation and registration) is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, specifications assures to hand over possession of the Apartment Block (namely ) on …………,with a grace period of twelve months (“ Completion date) in case the Promoter fails to complete the Project. Date”), unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project Real Estate Project or any further delay(s) beyond the control of the Promoter due to epidemic, pandemic, quarantine restriction, state or nationwide lockdown, including any future disruptions due to the coronavirus disease or other circumstances deemed by the Authority to be force majeure events (“" Force Majeure”"). If, however, the completion of the Real Estate Project is delayed due to the Force Majeure conditions then the Allottee agrees Allottees agree that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise The Allottees agree and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms confirm that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottees the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the AllotteeAllottees, the Allottee agrees Allottees agree that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It The Possession Date has been accepted by the Allottees. However, if the Said Apartment is made ready prior to the Completion Date, the Allottees undertake and covenant not to make or raise any objection to the consequent pre-ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the Allottees are linked inter alia to the progress of construction, and the same is not a time linked plan. Notwithstanding anything elsewhere to the contrary herein contained, it is expressly agreed understood and clarified that all amounts collected as taxesif at any time, charges, leviesthe customer is required to pay any stamp duty, cessregistration fee, assessments legal fees, other expenses, etc., which becomes payable therefor, then the same shall be borne paid and impositions discharged by the allottees of the Project (including the Allottees herein) proportionately and deposited with the appropriate authorities concerned Promoter and/or the Owners shall not be returned by liable therefor in any manner whatsoever and the Allottees and the other allottees shall keep the Promoter and the Allottee Owners fully indemnified with regard thereto.
7.2. Procedure for taking possession - The Promoter, upon obtaining the completion certificate/ partial completion certificate from the competent authority shall offer in writing the possession of the Said Apartment, to the Allottees in terms of this Agreement to be free to approach taken within 3 (three) months from the authorities concerned for refund date of issue of such taxes, charges, levies, cess, assessments notice and impositions.
8.2 The right the Promoter shall give possession of the Allottee shall remain restricted Said Apartment to the respective Apartment Allottees subject to payment of all amount due and payable under this Agreement and Registration of the properties appurtenant thereto Deed of Conveyance. The Promoter agrees and undertakes to indemnify the Allottee shall have no right, title or interest nor shall claim any right, title or interest Allottees in case of failure of fulfillment of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 provisions, formalities, documentation on part of the Promoter. The Allottees, agree to pay the maintenance charges (as provided on Schedule H below) as determined by the Promoter/association of allottees, as the case may be. The Promoter has provided on its behalf shall offer the possession to the Allottee a time schedule for construction progress based on Allottees in writing after receiving the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion certificate/ partial completion certificate of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 aboveProject.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: The Promoter Designated Apartment and the Developer agrees and understands that timely delivery of possession of the Designated Apartment to the Allottee allottee and the Common Areas common areas to the Association association of allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, Developer assures to hand over possession of the Designated Apartment on …………,along with ready and complete common areas with all specifications, amenities and facilities of the project in place within 31/03/2021 with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. upto1 year unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature or other exigency affecting the regular development of the real estate project including delay in any Tenant vacating his occupied portion at the said premises (“"Force Majeure”."). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the Designated Apartment, . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes becomes, impossible for the Promoter Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that date.. The Developer shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes.
7.2 Procedure for taking possession - The Developer, chargesupon obtaining the completion certificate from the competent authority shall offer in writing the possession and the occupancy certificate of the Designated Apartment, leviesto the Allottee in terms of this Agreement to be taken within two months from the date of issue of completion certificate, cessProvided that, assessments in the absence of local law, the delivery of possession and impositions and deposited with execution of conveyance deed in favour of the appropriate authorities concerned allottee shall not be returned simultaneously carried out by the Promoter Developer within 3 months from the date of issue of completion certificate Provided the Allottee takes such possession and pays the Total Price, Stamp duty, registration charges etc., and gets the conveyance registered in his favour. The Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Developer. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Developer/association of allottees, as the case may be, after the issuance of the completion certificate for the project. The Developer shall hand over the copy of the completion certificate of the Designated Apartment, as the case may be, to the Allottee at the time of conveyance of the same.
7.3 Failure of Allottee to take Possession of Designated ApartmentUpon receiving a written intimation from the Developer as per Clause7.2, the Allottee shall within the period mentioned in such intimation take possession of the Designated Apartment from the Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Developer shall give possession of the Designated Apartment to the Allottee. In case the Allottee fails to take possession within the time provided in clause7.2, such Allottee shall continue to be free liable to approach pay maintenance charges as specified in clause7.2 and all taxes and outgoings relating to the authorities concerned Designated Apartment and for refund all damages to the Designated Apartment and/or other parts of such taxes, charges, levies, cess, assessments and impositionsthe building.
8.2 The right 7.4 Possession by the Allottee - After obtaining the completion certificate and occupancy certificate and handing over physical possession of the Allottee shall remain restricted Designated Apartment to the respective Apartment and Allottees, it shall be the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions responsibility of the Project or Complex.
8.3 The Promoter has provided Developer to hand over the necessary documents and plans, including common areas, to the Allottee a time schedule for construction progress based on association of Allottees or the milestones on which payment is due. The dates provided are only tentative and for competent authority, as the purpose of dealing with contractors and will also make efforts to complete various stages case may be, as per the time schedule upto completion of the Project including the provisions of civic infrastructure like waterlocal laws: Provided that, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but absence of any local law, the Promoter assures Developer shall handover the Allottee that necessary documents and plans, including common areas, to the Project will be completed within association of Allottees upon its registration or the ‘Completion date’ provided in Clause 8.1 abovecompetent authority, as the case may be, after obtaining the completion certificate.
Appears in 2 contracts
Samples: Wbhira Agreement for Sale, Wbhira Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment]: The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,within months, from the date sanction of building plan, with a grace an additional period of twelve months (Completion date) in case the Promoter fails to complete the Project. months, unless there is a delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that date.date without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It Procedure for taking possession - The Developer, upon applying for the occupancy certificate to the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this agreement to be taken within 3 (Three) month from the date of issue of such notice and the Developer shall give possession of the Apartment to the Allottee. The Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Developer. The Allottee agree(s) to pay the maintenance charges as determined by the Developer / association of Allottees, as the case may be. The Developer on its behalf shall offer the possession to the Allottee in writing within days from the date of applying for the occupancy certificate of the Project. Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment. The balance amount of money paid by the allottee shall not be returned by the Promoter and Developer to the Allottee shall be free to approach the authorities concerned for refund allottee within 45 days of such taxes, charges, levies, cess, assessments cancellation without any interest and impositions.
8.2 The right after deduction of the Allottee shall remain restricted tax which was already paid to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or ComplexGovernment.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter Developer agrees and understands that timely delivery of possession of the said Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, Developer assures to hand over possession of the Apartment along with right to use the Common Areas with all specifications, amenities and facilities of the Project in place on …………,with a grace period September, 2022 (“Committed Possession Date”) (that is December 2021 Plus automatic extension of twelve 09 months (Completion dategranted in terms of the order dated 29th May, 2020, bearing Memo No. -707- HIRA passed by Designated Authority, West Bengal Housing Industry Regulatory Authority) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature or any other reason beyond the reasonable control of the Developer affecting the regular development of the real estate project (“Force Majeure”). If, If however, the completion of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the said Apartment, Provided provided that such Force Majeure conditions are not of a nature which make makes it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment Allottee within 45 (forty-five) days from that date.. The Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and/or the Apartment and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement.
7.2 Procedure for taking possession and registration of Deed of Conveyance : The Developer, upon obtaining the completion certificate from the competent authority (“Project Completion Date”), shall offer in writing the possession of the Apartment to the Allottee in terms of this Agreement to be taken within two months from the Project Completion Date after making full payment of the Total Price to the Developer together with other applicable payments as per terms of this Agreement and by executing necessary indemnities, undertakings and such other documents as may be required for taking possession of the said Apartment and the Developer shall give possession of the said Apartment to the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited Simultaneously with the appropriate authorities concerned offer for possession, as aforesaid, the Developer shall not be returned also call upon the Allottee to get the said Apartment registered in his name by registration of the Deed of Conveyance in respect thereof within 3 (three) months from the Project Completion Date. The Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Developer. The Allottee, after taking actual possession or from the Deemed Possession Date, whichever is earlier, agree(s) to pay the maintenance charges and common expenses, particulars whereof are more particularly mentioned in the Eighth Schedule hereunder written, and/or as determined by the Promoter and Developer/Association of allottees, as the case may be, after the issuance of the completion certificate for the Project. The Developer shall hand over copy of the completion certificate to the Allottee at the time of conveyance of the said Apartment. Similarly, in case the Allottee does not or is not able to or willfully delays in having its Deed of Conveyance in respect of the said Apartment registered within the prescribed time, then in such case, the Allottee shall be free to approach keep the authorities concerned for refund Developer indemnified saved and harmless of from and against all administrative proceeding, costs, charges and damages on any account whatsoever that the Developer might suffer because of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right failure of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or ComplexAllottee.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment]: The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,within months, from the date sanction of building plan, with a grace an additional period of twelve months (Completion date) in case the Promoter fails to complete the Project. months, unless there is a delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that date.date without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It Procedure for taking possession - The Developer, upon obtaining of the occupancy certificate to the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this agreement to be taken within 3 (Three) month from the date of issue of such notice and the Developer shall give possession of the Apartment to the Allottee. The Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Developer. The Allottee agree(s) to pay the maintenance charges as determined by the Developer / association of Allottees, as the case may be. The Developer on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate of the Project. Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment. The balance amount of money paid by the allottee shall not be returned by the Promoter and Developer to the Allottee shall be free to approach the authorities concerned for refund allottee within 45 days of such taxes, charges, levies, cess, assessments cancellation without any interest and impositions.
8.2 The right after deduction of the Allottee shall remain restricted tax which was already paid to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or ComplexGovernment.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The registrationThe Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. ……, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or , order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
8.4 Procedure for taking possession- (i) Possession for Fit-Out: In case the Allottee seeks permission for carrying out Fit-Out within his Apartment, he will be permitted to do so only upon receiving the Completion Certificate(or at least after application for grant of CC is made) and upon payment of the entire consideration and Extras and Deposits as provided herein and also the requisite Stamp Duty and Registration charges payable on registration which shall be kept deposited by the Promoter in a designated Account till registration. During this time the Allottee will not be entitled to use the Apartment till Occupation /Completion Certificate is received and Deed of Conveyance is executed.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees agree/s and understands that timely delivery of possession of the Apartment to the Allottee Allottee/s and the Common Areas common areas to the Association association of Allottee/s or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. 30th April 2020, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees Allottee/s agree/s that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise The Allottee/s agree/s and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms confirm/s that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee/s the entire amount received by the Promoter from the allotment within 45 days from that date.. The promoter shall intimate the Allottee/s about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee/s, the Allottee agrees Allottee/s agree/s that he/ she she/it/they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate from the competent authority shall offer in writing the possession of the Apartment, to the Allottee/s in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. It is clarified that all amounts collected as taxes[Provided that, chargesin the absence of local law, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned conveyance deed in favour of the Allottee/s shall not be returned carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agree/s and undertake/s to indemnify the Allottee shall be free to approach the authorities concerned for refund Allottee/s in case of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right failure of fulfilment of any of the Allottee provisions, formalities, documentation on part of the Promoter. The Allottee/s, after taking possession, agree/s to pay the maintenance charges as determined by the Promoter/association of Allottee/s, as the case may be after the issuance of the completion certificate for the project. The promoter shall remain restricted hand over the occupancy certificate of the Apartment, as the case may be, to the respective Apartment and Allottee/s at the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest time of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions conveyance of the Project or Complexsame.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT:
8.1 7.1 Schedule for possession of the said [Apartment: /Plot] - The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment/Plot] to the Allottee allottee and the Common Areas common areas to the Association association of allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the 1st phase of the project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. 31 Dec 2020 unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], Provided provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes.
7.2 Procedure for taking possession - The Promoter, charges, levies, cess, assessments and impositions and deposited with upon obtaining full payment of the appropriate authorities concerned shall not be returned by Apartment from the Promoter Allottee and the Allottee completion certificate* from the competent authority shall be free to approach offer in writing the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right[Apartment/Plot], title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within two months from the milestones on which payment is duedate of issue of completion occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of completion occupancy certificate]. The dates provided are only tentative Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the purpose project or from onwards, whichever is earlier. The promoter shall hand over the completion occupancy certificate of dealing with contractors and will also make efforts the apartment /plot, as the case may be, to complete various stages as per the allottee at the time schedule upto completion of conveyance of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely same. That it shall be delays in the timelines provided but the Promoter assures mandatory for the Allottee that to become a member of the Project will be completed within residents society, at the ‘Completion date’ provided in Clause 8.1 abovetime of possession of the said property.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas common areas to the Association of the Allottees , is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,along with a grace period ready and complete common areas with all specifications, amenities and facilities of twelve months (Completion date) the project in case the Promoter fails to complete the Project. place within 30th June 2027, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The Promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 7.2 Procedure for taking possession - The right Promoter, upon obtaining the completion certificate from the competent authority shall offer in writing the possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightApartment, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within two months from the milestones on which date of issue of completion certificate subject to payment is dueof all amounts due and payable under this Agreement and Registration of Deed of Sale. The dates provided are only tentative Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottees, as the case may be from the date of the issuance of the completion certificate for the purpose project. The promoter shall hand over the photocopy of dealing with contractors and will also make efforts completion certificate of the project to complete various stages as per the Allottee at the time schedule upto completion of conveyance of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovesame.
Appears in 2 contracts
Samples: Sale Agreement, Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter Promoters agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association association of the Allottees , allottees is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, Promoters assures to hand over possession of the Apartment along with right to use Common Areas with all specifications, amenities and facilities of the Phase in the Project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. 30th May, 2023, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project Project/Complex (the “Force MajeureFORCE MAJEURE”). If, however, the completion of the Fourth Phase in the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Promoters shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promoters to implement the project said Fourth phase of the Project/Complex due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that date.. The Promoters shall intimate to the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she the Allottee shall not have any rights, claims etc. against the Promoter Promoters and that the Promoter Promoters shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes.
7.2 Procedure for taking possession - The Promoters, charges, levies, cess, assessments and impositions and deposited with upon obtaining the appropriate authorities concerned shall not be returned occupancy certificate (or such other certificate by whatever name called issued by the Promoter and competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to take possession of the Apartment within a maximum of forty five days from the date of receipt of the said Notice of Possession by the Allottee. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favour of the Allottee shall be free to approach executed and registered by the authorities concerned for refund of such taxesPromoters (subject, chargeshowever, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based making all payments as mentioned in the FIFTH SCHEDULE hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Developer ) within three months from the date of issue of occupancy certificate (or such other certificate by whatever name called issued by the competent authority) as provided by the relevant laws in West Bengal. The Promoters agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the milestones on which payment is duepart of the Promoters. The dates provided are only tentative and Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/Association of allottees, as the case may be after the issuance of the completion certificate for the purpose Fourth Phase of dealing with contractors and will also make efforts the Project/Complex. The Promoters shall hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Project/Apartment, as the case may be, to complete various stages as per the Allottee at the time schedule upto completion of conveyance of the Project including Apartment in favour of the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 aboveAllottee.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. 28.09.2025, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxesProcedure for taking possession – The Promoter, charges, levies, cess, assessments and impositions and deposited with upon obtaining the appropriate authorities concerned occupancy certificate from the competent authority shall not be returned by offer in writing the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightApartment, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within 3 (three) months from the milestones on which payment is duedate of issue of such notice and the Promoter shall give possession of the Apartment to the Allottee. The dates provided are only tentative Promoter agrees and for undertakes to indemnify the purpose Allottee in case of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion failure of fulfilment of any of the Project including provisions, formalities, documentation on part of the provisions Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of civic infrastructure like waterallottees, electricity, sanitation and all other above mentioned internal/external development works but as the case may be. The Promoter knows there will definitely be delays in on its behalf shall offer the timelines provided but the Promoter assures possession to the Allottee that in writing within days of receiving the Project will be completed within occupancy certificate of the ‘Completion date’ provided in Clause 8.1 aboveProject.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve six months (Completion date) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or calamity, order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities /Amenities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided and in some cases it can finish early also but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 aboveabove and accordingly tentative dates are mentioned in the payment plan.
Appears in 2 contracts
Samples: Buyers Agreement, Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter Promoters agrees and understands that timely delivery of possession of the Apartment to the The Allottee and on 30.12.2023 along with the Common Areas to be handed over to the Association association of the Allottees , Allottee is the essence of the AgreementAgreement along with Completion certificate / Occupancy certificate. Provided It is clarified that the Promoter shall be entitled Allotee reserves the right to reasonable extension of time as agreed by and between take the Allottee and the Promoter for giving possession of the Apartment on apartment prior to the aforesaid date and completion of the same shall not include the period of extension given by the Authority for registrationcommon areas. The Promoter, based on the approved plans and specifications, Promoters assures to hand over possession of the Apartment on …………,along with a grace period right to use Common Areas with all specifications, amenities and facilities of twelve months (Completion date) the Said Project/Complex to be in case the Promoter fails to complete the Project. place by-unless there is a delay or failure due to war, flood, pandemic, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project G +IV storied building (the “Force MajeureFORCE MAJEURE”). If, however, the completion of the Project SaidProject/Complex is delayed due to the Force Majeure conditions then the The Allottee agrees that the Promoter Promoters shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promoters to implement the project due Said– Project/Complexdue to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Co-Owner/Developer shall refund to the The Allottee the entire amount received by the Promoter from Co-Owner/Developerfrom the allotment within 45 60 days from that date.. The Promoters shall intimate to The Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the The Allottee, the The Allottee agrees that he/ she The Allottee shall not have any rights, claims etc. against the Promoter Promoters and that the Promoter Promoters shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment]: The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,within months, from the date sanction of building plan, with a grace an additional period of twelve months (Completion date) in case the Promoter fails to complete the Project. months, unless there is a delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that date.date without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It Procedure for taking possession - The Developer, upon applying for the occupancy certificate to the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this agreement to be taken within 3 (Three) month from the date of issue of such notice and the Developer shall give possession of the Apartment to the Allottee. The Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Developer. The Allottee agree(s) to pay the maintenance charges as determined by the Developer / association of Allottees, as the case may be. The Developer on its behalf shall offer the possession to the Allottee in writing within days from the date of applying for the occupancy certificate of the Project. Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment. The balance amount of money paid by the allottee shall not be returned by the Promoter and Developer to the Allottee shall be free to approach the authorities concerned for refund allottee within 45 days of such taxes, charges, levies, cess, assessments and impositionscancellation.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment]: The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,within months, from the date sanction of building plan, with a grace an additional period of twelve months (Completion date) in case the Promoter fails to complete the Project. 6 months, unless there is a delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that date.date without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment. The balance amount of money paid by the allottee shall not be returned by the Promoter and Developer to the Allottee shall be free to approach the authorities concerned for refund allottee within 45 days of such taxes, charges, levies, cess, assessments cancellation without any interest and impositions.
8.2 The right after deduction of the Allottee shall remain restricted tax which was already paid to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or ComplexGovernment.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment]: The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,within months, from the date sanction of building plan, with a grace an additional period of twelve months (Completion date) in case the Promoter fails to complete the Project. months, unless there is a delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that date.date without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It Procedure for taking possession - The Developer, upon obtaining of the occupancy certificate to the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this agreement to be taken within 3 (Three) month from the date of issue of such notice and the Developer shall give possession of the Apartment to the Allottee. The Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Developer. The Allottee agree(s) to pay the maintenance charges as determined by the Developer / association of Allottees, as the case may be. The Developer on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate of the Project. Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment. The balance amount of money paid by the allottee shall not be returned by the Promoter and Developer to the Allottee shall be free to approach the authorities concerned for refund allottee within 45 days of such taxes, charges, levies, cess, assessments and impositionscancellation.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter Developer agrees and understands that timely delivery of possession of the said Apartment to the Allottee Allottee, and the Project Common Areas Areas, Amenities and Facilities to the Association association of the Allottees , allottees is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, Developer assures to hand over possession of the said Apartment on …………,along with a grace period of twelve months (Completion date) the right to use the Project Common Areas, Amenities and Facilities with all specifications, amenities and facilities within the date mentioned in case the Promoter fails to complete Registration Certificate issued by the Project. Regulatory Authority under the WBHIRA unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, epidemic, lockdown or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, If however, the completion of the said Project is delayed due to the Force Majeure conditions or any other events beyond the control of the Developer including but not limited to change in law, non-availability or irregular availability of essential inputs, water supply or sewerage disposal connection or electric power, or slow down or strike by contractor, construction agency employed/to be employed, change in any Governmental/Statutory Notifications, any order/stipulation of the courts/statutory or local authorities, any prohibition order from any court of law or statutory authorities, then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the said Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise implemented by the Developer during the continuance of such event and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase also till such further time as the case may be irrespective required to overcome the effect of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incompletesuch event. The Allottee agrees to co operate with the Developer in such a situation and records its consent to such extension of time for delivery of possession as may be accorded to the Developer by the Regulatory Authority from time to time. The Allottee further agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment Allotment within 45 (forty five) days from that such date.. The Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas common areas to the Association of the Allottees , is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. March 2026, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 7.2 Procedure for taking possession - The right Promoter, upon obtaining the completion certificate from the competent authority shall offer in writing the possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightApartment, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within two months from the milestones on which date of issue of completion certificate subject to payment is dueof all amounts due and payable under this Agreement and Registration of Deed of Sale. The dates provided are only tentative Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be from the date of the issuance of the completion certificate for the purpose project. The promoter shall hand over the photocopy of dealing with contractors and will also make efforts completion certificate of the project to complete various stages as per the allottee at the time schedule upto completion of conveyance of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovesame.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1. Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas common areas to the Association of the Allottees , Allottee(s) is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. December 2026, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The Promoter shall intimate the Allottee(s) about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified Provided that all amounts collected as taxessuch Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee(s) agrees and confirms that, chargesin the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, levies, cess, assessments then this allotment shall stand terminated and impositions and deposited with the appropriate authorities concerned Promoter shall not be returned refund to the Allottee(s) the entire amount received by the Promoter from the Allotment within 45 days from that date. The Promoter shall intimate the Allottee(s) about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee(s), the Allottee(s) agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Allottee Promoter shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments released and impositionsdischarged from all its obligations and liabilities under this Agreement.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment: ] – The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment] to the Allottee and the Common Areas common areas to the Association of allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled assures to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving handover possession of the Apartment on along with ready and complete common areas with all specifications, amenities and facilities of the aforesaid date and the same shall not include the period of extension given by the Authority Project in place on---------------------- Procedure for registration. taking possession- The Promoter, based on upon obtaining the approved plans and specifications, assures to hand over possession of occupancy certificate from the Apartment on …………,with a grace period of twelve months (Completion date) competent authority shall offer in case writing the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided that such Force Majeure conditions are not to the Allottee(s) in terms of a nature which make it impossible for the contract this Agreement to be implementedtaken within 2 (two) months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favor of the Allottee shall be carried out by the Promoter will be entitled within three months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to give block-wise and phase-wise possession upon obtaining indemnify the Completion Certificate/ Partial Completion Certificate Allottee(s) in case of a building block or a particular phase failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Association of Allottees, as the case may be irrespective be, after the issuance of completion certificate for the Project. The Promoter shall Failure of Allottee to take possession of Apartment- Upon receiving a written intimation from the Promoter as per Para 7.2 above, the Allottee(s) shall take possession of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for Apartment from the Promoter to implement the project due to Force Majeure conditionsby executing necessary indemnities, then undertakings and such other documentation as prescribed in this allotment shall stand terminated Agreement and the Promoter shall refund give possession of the Apartment to the Allottee(s). In case the Allottee(s) fails to take possession within the time provided as per Para 7.2 above, such Allottee the entire amount received shall continue to be liable to pay maintenance charges as specified under Para 7.2 above. Possession by the Promoter from Allottee- After obtaining the allotment within 45 days from that date.After refund occupancy certificate* and handing over physical possession of the money paid by Apartment to the Allottee, it shall be the Allottee agrees that he/ she shall not have any rights, claims etc. against responsibility of the Promoter to handover the necessary documents and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxesplan, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted including common areas to the respective Apartment and Association of allottees or the properties appurtenant thereto and competent authority, as the Allottee shall have no rightcase may be, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of local laws. Cancellation by Allottee- The Allottee(s) shall have the right to cancel/withdraw his allotment in the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays as provided in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.Act:
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , [Apartment/Plot] is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment [Apartment/Plot] on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. , unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within _ days of receiving the occupancy certificate* of the Project Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act: Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment. The balance amount of money paid by the allottee shall not be returned by the Promoter and promoter to the Allottee shall be free to approach the authorities concerned for refund allottee within 45 days of such taxes, charges, levies, cess, assessments and impositionscancellation.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees Allottee(s), is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,along with right to use common areas with all specifications, amenities and facilities of the said Project in place, in the month of March 2019 with a grace period of twelve months Twelve (Completion date12) in case the Promoter fails to complete the Project. months, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force projector any unforeseen occurrences, acts, court order or any other events, omissions or accidents which are beyond the reasonable control of the Ownersand the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement(“Force Majeure”). If, If however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agrees Allottee(s) agree(s) that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees Allottee(s) agree(s) and confirms that, in the event it becomes impossible for the Promoter to implement the project said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment within 45 (forty five) days from that date.. The Promoter shall intimate the Allottee(s) about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees Allottee(s),the Allottee(s) agree(s) that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited including stamp duty, registration charges and incidental charges with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee Allottee(s) shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment]: The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,within months, from the date sanction of building plan, with a grace an additional period of twelve months (Completion date) in case the Promoter fails to complete the Project. months, unless there is a delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that date.date without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and Developerand that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It Procedure for taking possession - The Developer, upon obtaining of the occupancy certificate to the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this agreement to be taken within 3 (Three) month from the date of issue of such notice and the Developer shall give possession of the Apartment to the Allottee. The Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Developer. The Allottee agree(s) to pay the maintenance charges as determined by the Developer / association of Allottees, as the case may be. The Developer on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate of the Project. the Apartment to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment. The balance amount of money paid by the allottee shall not be returned by the Promoter and Developer to the Allottee shall be free to approach the authorities concerned for refund allottee within 45 days of such taxes, charges, levies, cess, assessments cancellation without any interest and impositions.
8.2 The right after deduction of the Allottee shall remain restricted tax which was already paid to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or ComplexGovernment.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Said Apartment: The Promoter Vendor agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The PromoterVendor, based on the approved plans and specifications, assures to hand over possession of the Apartment 1st Phase on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. 31st July, 2027 unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Purchaser agrees that the Promoter Vendor shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Purchaser agrees and confirms that, in the event it becomes impossible for the Promoter Vendor to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendor shall refund to the Allottee Purchaser the entire amount received by the Promoter Vendor from the allotment within 45 days from that date.. After refund of the money paid by the AllotteePurchaser, the Allottee Xxxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter Vendor and that the Promoter Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. It Procedure for taking possession - The Vendor, upon obtaining the occupancy certificate/completion certificate from the competent authority shall offer in writing the possession of the Apartment, to the Purchaser in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Vendor shall give possession of the Apartment to the Purchaser. The Vendor agrees and undertakes to indemnify the Purchaser in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Vendor. The Purchaser agree(s) to pay the maintenance charges as determined by the Vendor/association of Purchasers, as the case may be. The Vendor on its behalf shall offer the possession to the Purchaser of receiving the occupancy certificate/completion certificate of the Project. allotment in the Project as provided in the Act: Provided that where the Purchaser proposes to cancel/withdraw from the project without any fault of the Vendor, the Vendor herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment. The balance amount of money paid by the Purchaser shall not be returned by the Promoter and Vendor to the Allottee shall be free to approach the authorities concerned for refund Purchaser within 45 days of such taxes, charges, levies, cess, assessments and impositionscancellation.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees Allottee(s), is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,along with right to use common areas with all specifications, amenities and facilities of the said Project in place, in the month of December 2020 for Tower 1, Tower 2 & Tower 3 & July 2021 for Tower4with a grace period of twelve months six (Completion date6) in case the Promoter fails to complete the Project. months, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force projector any unforeseen occurrences, acts, court order or any other events, omissions or accidents which are beyond the reasonable control of the Ownersand the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement(“Force Majeure”). If, If however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agrees Allottee(s) agree(s) that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees Allottee(s) agree(s) and confirms that, in the event it becomes impossible for the Promoter to implement the project saidProject due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment within 45 (forty five) days from that date.. The Promoter shall intimate the Allottee(s) about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees Allottee(s),the Allottee(s) agree(s) that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited including stamp duty, registration charges and incidental charges with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee Allottee(s) shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: The Apartment -- Subject to compliance of the terms and conditions as set out in clause No. 1 and 2 hereinabove by the allottee, the Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the Common Areas common areas to the Association of Allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. or before , unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount only received by the Promoter from the allotment within 45 days from that date.. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. However, it is agreed hereto between the parties that the Promoter will keep the project insured against all force majeure conditions, and in the event of any force majeure condition making the project impossible to be implemented, then the period of refund of amount may extend to the time taken by the insurance company to reimburse the insurance value to the Promoter. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: The Promoter agrees Promoters agree and understands understand that timely delivery of possession of the Apartment to the Allottee and the Phase Common Areas Portions to the Association of the Allottees of the Said Phase or the Competent Authority, as the case may be, is the essence of the Agreement. Provided that the Promoter shall be entitled The Promoters assure to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving handover possession of the Apartment along with ready and complete Block Common Portions with the Specifications, Amenities and Facilities thereof on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) mentioned in case the Promoter fails to complete the Project. Recital F unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, any statutory order, rule, notification, or order or direction of any Court or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project Said Phase is delayed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter Promoters shall be entitled to the extension of time for delivery of possession of the Apartment, Provided that such Force Majeure conditions are not of a nature which make it . impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promoters to implement the project Said Phase due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer, on behalf of all the Promoters, shall refund to the Allottee the entire amount received paid by him/her to the Promoter from Developer for the allotment within 45 days from that date., less the taxes, if any. For the refund of any taxes, the Allottee shall be required to apply directly to the concerned authorities. The Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against any of the Promoter Promoters and that the Promoter Promoters shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1. Schedule for possession of the said Apartment: Apartment – The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee Allottee(s) and the Common Areas and Facilities on the Project Land to the Association of the Allottees , is the essence of the Agreement. Provided Similarly, the Allottee(s) agrees that if the Promoter Allottee(s) defaults in paying any demand as per the payment plan along with all the other taxes, duties and charges, he shall not be entitled to reasonable extension enforce the timeline of time as agreed by Project completion and between shall not be entitled for interest and compensation for delay in completion of the Allottee Project. Therefore, subject to the timely receipt of Total Price and the other amounts from the Allottee(s) as per this Agreement ,the Promoter for giving assures to handover possession of the Apartment along with ready and complete Common Areas and Facilities on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and Project Land with all specifications, assures to hand over possession amenities and facilities of the Apartment Project in place on …………,with a grace period of twelve months or before , (Completion scheduled completion date) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting or any other reasons/event which is beyond the control of Promoter, effecting the regular development of the real estate project (“Force project(“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottee(s) agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implementedimplemented in such an event the promoter shall not be liable to pay any penalty/interest/compensation to the allottee due to such force majeure. Promoter will If project is delayed due to any reasonable circumstances, allottee agrees that promoter shall be entitled to give block-wise and phase-wise possession upon obtaining obtain the Completion Certificate/ Partial Completion Certificate extension for completion of a building block or a particular phase the project as the case may be irrespective of granted by the fact that construction of other Blocks and/or other phases and/or provision of facilities may Authority and no penalty/interest/compensation for such delayed/extended period shall be incompletepaid by the promoter. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter with interest within forty- five days from the allotment within 45 date on which termination became effective. However, the Promoter shall not be liable to refund taxes which are collected from Allottee(s) and deposited with concerned department and the Allottee(s) shall be free to file necessary application before the concerned department for refund of such taxes. The event of termination shall be decided by the Promoter. The Promoter shall intimate the Allottee(s) about such termination at least thirty days from that date.prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. 02.06.2026, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxesProcedure for taking possession – The Promoter, charges, levies, cess, assessments and impositions and deposited with upon obtaining the appropriate authorities concerned occupancy certificate from the competent authority shall not be returned by offer in writing the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightApartment, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within 3 (three) months from the milestones on which payment is duedate of issue of such notice and the Promoter shall give possession of the Apartment to the Allottee. The dates provided are only tentative Promoter agrees and for undertakes to indemnify the purpose Allottee in case of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion failure of fulfilment of any of the Project including provisions, formalities, documentation on part of the provisions Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of civic infrastructure like waterallottees, electricity, sanitation and all other above mentioned internal/external development works but as the case may be. The Promoter knows there will definitely be delays in on its behalf shall offer the timelines provided but the Promoter assures possession to the Allottee that in writing within days of receiving the Project will be completed within occupancy certificate of the ‘Completion date’ provided in Clause 8.1 aboveProject.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees Allottees, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete Phase III Common Areas, Amenities and Facilities with all specifications, amenities and facilities of the said Phase of the Project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. December 2026 unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, If however, the completion of the said Phase III of the Project is delayed due to the Force Majeure conditions then the Allottee Allottees agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Allottees agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project said Phase of the Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottees the entire amount received by the Promoter from the allotment Allotment within 45 (forty five) days from that date.. The Promoter shall intimate the Allottees about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the AllotteeAllottees, the Allottee Allottees agrees that he/ she they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right . However, if the said Apartment is made ready prior to the Completion Date, the Allottees undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of their payment obligations, having clearly agreed and understood that the payment obligations of the Allottee shall remain restricted Allottees are linked inter alia to the respective Apartment progress of construction, and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee same is not a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovelinked plan.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees Allottees, is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. 48 months, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or circumstances as may be notified under any order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter Developer will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 Procedure for taking possession- The Promoter has provided Developer, upon obtaining the occupancy certificate/Completion Certificate from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 3 (three) months from the date of issue of such notice and the Developer shall give and the Allottee shall take possession of the Apartment within 15 (fifteen) days of the written notice. The Developer agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Developer. The Allottee agree(s) to pay the maintenance charges as determined by the Developer/association of Allottees, as the case may be The Developer on its behalf shall offer the possession to the Allottee in writing after receiving the occupancy certificate/Completion Certificate of the Project.
8.4 After taking possession and/or after 90 days of the notice of possession of the Apartment the Allottee shall be liable to bear and pay the proportionate share (i.e in proportion to the carpet area/Built-up area/Super Built-up area of the Apartment ) of outgoings in respect of the project land and buildings namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks, bill collectors, xxxxxxxxxx, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and buildings. The amounts so paid and/or Deposits made on this account to the Developer shall not carry any interest and such Deposit shall remain with the Developer and the same shall be handed over to the Apex Association on completion of the entire Housing Complex.
8.5 Failure of Allottee to take the possession of Apartment:
8.5.1 Upon receiving a written intimation from the Developer as per clause 8..3, the Allottee shall take possession of the Apartment from the Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Developer shall give possession of the Apartment to the Allottee. In case the Allottee fails to take possession within the time schedule provided in clause 8.3, such Allottee shall continue to be liable to pay maintenance charges alongwith Guarding Charges as applicable.
8.5.2 The Allottee must not fail to take actual possession of the Apartment within a period not more than three months from the date of completion, failing which, without prejudice to such other rights which the Developer may have the Allottee shall become liable to pay the Guarding Charges of Rs.2,500/- per month and all other losses which the Developer may have suffered on this account. The Allottee shall be liable to pay and/or contribute all municipal rates, taxes, guarding charges, maintenance and other outgoings proportionately for construction progress based the Apartment from the date of Notice of Possession. Physical possession of the Apartment shall be withheld if all dues are not cleared by the Allottee. In case delivery of physical possession is withheld by the Developer, the possession of the Apartment will be deemed to have been taken by the Allottees on the milestones on which payment is due. The dates provided are only tentative deemed date of possession (i.e end of 3 (three) months from date of the Notice of Possession)
8.6 Possession by the Allottee- After obtaining the occupancy certificate * and for handing over physical possession of the purpose Apartment to the Allottees, it shall be the responsibility of dealing with contractors the Developer to handover the necessary documents and will also make efforts plans, including common areas of the Phase including entire land of the Phase, to complete various stages the association of the Allottee or the competent authority, as the case may be, as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays local laws. Provided that in the timelines provided but absence of any local law, the Promoter assures Developer shall hand over the Allottee that necessary documents and plans including common areas to the Project will be completed within Association of Allottees or the ‘Completion date’ provided in Clause 8.1 aboveCompetent Authority, as the case may be.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 i. Schedule for possession of the said Apartment: Apartment - The Promoter Owner/Xxxxxxxxx agrees and understands that timely delivery of possession of the said Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, Owner/Developer assures to hand over possession of the Apartment on …………,within 31st January, 2020 with a grace period of twelve 6(six) months (Completion date“Committed Possession Date”) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature or any other reason beyond the reasonable control of the Owners/Developer affecting the regular development of the real estate project (“Force Majeure”). If, If however, the completion of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter Owner/Developer shall be entitled to the extension of time for delivery of possession of the said Apartment, Provided provided that such Force Majeure conditions are not of a nature which make makes it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Owner/Developer to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owner/Developer shall refund to the Allottee the entire amount received by the Promoter Owner/Developer from the allotment Allottee within 45 (forty-five) days from that date.date without any interest. The Owner/Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she he/she/they shall not have any rightsright, claims claim etc. against the Promoter Owner/Developer and/or the Apartment and that the Promoter Owner/Developer shall be released and discharged from all its obligations and liabilities under this Agreement.
ii. It Procedure for taking possession and registration of Deed of Conveyance : The Owners/Developer, upon obtaining the completion certificate and/or Occupancy Certificate which is clarified that all amounts collected applicable, from the competent authority (“Project Completion Date”), shall offer in writing the possession of the Apartment to the Allottee in terms of this Agreement to be taken within 45(forty five) days from the Project Completion Date after making full payment of the Total consideration to the Owners/Developer together with other applicable payments/charges/taxes as taxesper terms of this Agreement and by executing necessary indemnities, charges, levies, cess, assessments undertakings and impositions such other documents as may be required for taking possession of the said Apartment and deposited the Owners/Developer shall give possession of the said Apartment to the Allottee. Simultaneously with the appropriate authorities concerned offer for possession, as aforesaid, the Owners/Developer shall not be returned also call upon the Allottee to get the said Apartment registered in his/her/their name by registration of the Deed of Conveyance in respect thereof within 45 (forty five) days from the date of aforesaid offer. The Owners/Xxxxxxxxx agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Owners/Developer. The Allottee, after taking actual possession or from the Deemed Possession Date, whichever is earlier, agree(s) to pay the maintenance charges and common expenses, particulars whereof are more particularly mentioned in the SIXTH SCHEDULE hereunder written, and/or as determined by the Promoter and Owner/Developer / Association (upon formation), as the case may be, after the issuance of the completion/occupancy certificate for the Project. The Owners/Developer shall hand over a copy of the same to the Allottee at the time of conveyance of the said Apartment. Similarly, in case the Allottee does not or is not able to or willfully delays in having its Deed of Conveyance in respect of the said Apartment registered within the prescribed time, then in such case, the Allottee shall be free to approach keep the authorities concerned for refund Owners/Developers indemnified saved and harmless of from and against all administrative proceeding, costs, charges and damages on any account whatsoever that the Owner/Developer might suffer because of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right failure of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or ComplexAllottee.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , [Apartment/Plot] is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment [Apartment] on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. 31/12/2024, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment], Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxesProcedure for taking possession – The Promoter, charges, levies, cess, assessments and impositions and deposited with upon obtaining the appropriate authorities concerned occupancy certificate* from the competent authority shall not be returned by offer in writing the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right[Apartment], title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within 3 (three months from the milestones on which payment is duedate of issue of such notice and the Promoter shall give possession of the [Apartment] to the Allottee. The dates provided are only tentative Promoter agrees and for undertakes to indemnify the purpose Allottee in case of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion failure of fulfillment of any of the Project including provisions, formalities, documentation on part of the provisions Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of civic infrastructure like waterallottees, electricity, sanitation and all other above mentioned internal/external development works but as the case may be. The Promoter knows there will definitely be delays in on its behalf shall offer the timelines provided but the Promoter assures possession to the Allottee that in writing within 30 (Thirty) days of receiving the Project will be completed within occupancy certificate* of the ‘Completion date’ provided in Clause 8.1 aboveProject.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession Possession of the said Apartment: Apartment - The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee Allottees and the Common Areas to the Association association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, Developer assures to hand over possession of the Apartment on …………,along with a grace period right to use Common Areas with all specifications, amenities and facilities of twelve months (Completion date) the Project to be in case the Promoter fails to complete the Project. place by-unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project Project (the “Force MajeureFORCE MAJEURE”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottees agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Allottees agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project Said–Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee Allottees the entire amount received by the Promoter Developer from the allotment within 45 days from that date.. The Developer shall intimate to the Allottees about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeAllottees, the Allottee Allottees agrees that he/ she the Allottees shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes.
7.2 Procedure for taking Possession - The Developer, charges, levies, cess, assessments and impositions and deposited with upon obtaining the appropriate authorities concerned shall not be returned occupancy certificate (or such other certificate by whatever name called issued by the Promoter and competent authority) from the Allottee competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Allottees in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottees to take possession of the Apartment within a maximum of forty five days from the date of receipt of the said Notice of Possession by the Allottees. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favor of the Allottees shall be free executed and registered by the Developer (subject, however, to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments Allottees making all payments as mentioned in the FIFTH SCHEDULE hereto and impositions.
8.2 The right taking possession of the Allottee shall remain restricted Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the respective Apartment Developer as per requisition of the Developer) within three months from the date of issue of occupancy certificate (or such other certificate by whatever name called issued by the competent authority) as provided by the relevant laws in West Bengal. The Developer agrees and undertakes to indemnify the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest Allottees in case of failure of fulfillment of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project provisions, formalities, documentation on the part of the Developer. The Allottees, after taking possession, agree(s) to pay the maintenance charges as determined by the Developer/association of Allottees, as the case may be after the issuance of the occupancy certificate for the Said Project. The Developer shall hand over a copy of the occupancy certificate (or Complex.
8.3 The Promoter has provided such other certificate by whatever name called issued by the competent authority) of the Building which consist of inter alia the Said Apartment, as the case may be, to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per Allottees at the time schedule upto completion of conveyance of the Project including Apartment in favour of the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 aboveAllottees.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter Promoters agrees and understands that timely delivery of possession of the Apartment to the The Allottee and on 30.06.2023 the Common Areas to the Association association of the Allottees , Allottee is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registrationAgreement with Completion certificate / Occupancy certificate. The Promoter, based on the approved plans and specifications, Promoters assures to hand over possession of the Apartment on …………,along with a grace period right to use Common Areas with all specifications, amenities and facilities of twelve months (Completion date) the Said Project/Complex to be in case the Promoter fails to complete the Project. place by- unless there is a delay or failure due to war, flood, pandemic, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project G +V storied building (the “Force MajeureFORCE MAJEURE”). If, however, the completion of the Project SaidProject/Complex is delayed due to the Force Majeure conditions then the The Allottee agrees that the Promoter Promoters shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promoters to implement the project due Said– Project/Complexdue to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Co-Owner/Developer shall refund to the The Allottee the entire amount received by the Promoter from Co-Owner/Developerfrom the allotment within 45 60 days from that date.. The Promoters shall intimate to The Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the The Allottee, the The Allottee agrees that he/ she The Allottee shall not have any rights, claims etc. against the Promoter Promoters and that the Promoter Promoters shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes.
7.2 Procedure for taking possession - The Promoters, charges, levies, cess, assessments and impositions and deposited with upon obtaining the appropriate authorities concerned shall not be returned occupancy certificate or completion certificate (or such other certificate by whatever name called issued by the Promoter and competent authority) from the competent authority shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to The Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon The Allottee to take possession of the Apartment within a maximum of forty five days from the date of receipt of the said Notice of Possession by The Allottee. (the “POSSESSION DATE”) Provided that the conveyance deed of the Apartment in favourofThe Allottee shall be free executed and registered by the Promoters (subject, however, to approach The Allottee making all payments as mentioned in the authorities concerned for refund of such taxes, charges, levies, cess, assessments FIFTH SCHEDULE hereto and impositions.
8.2 The right taking possession of the Allottee shall remain restricted Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the respective Apartment Promoter as per requisition of the Co-Owner/Developer) within three months from the date of issue of occupancy certificate (or such other certificate by whatever name called issued by the competent authority) as provided by the relevant laws in West Bengal. The Promoters agrees and the properties appurtenant thereto and the undertakes to indemnify The Allottee shall have no right, title or interest nor shall claim any right, title or interest in case of failure of fulfillment of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based provisions, formalities, documentation on the milestones on which payment is duepart of the Promoters. The dates provided are only tentative and Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association ofAllottee, as the case may be after the issuance of the completion certificate for the purpose Said Project/Complex. The Promoters shall hand over a copy of dealing with contractors and will also make efforts the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Said Apartment, as the case may be, to complete various stages as per The Allottee at the time schedule upto completion of conveyance of the Project including the provisions Apartment in favour of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 aboveThe Allottee.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment – The Promoter agrees Promoters agree and understands understand that timely handover / delivery of possession of the Apartment to the Allottee and the handover of Common Areas to the Association of Allottees or the Allottees Competent Authority, as the case may be, is the essence of the Agreement. Provided that Subject to Force Majeure Event, Court orders, policy / guidelines of Competent Authorities, decisions affecting the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession regular development of the Apartment on the aforesaid date and the same shall not include the period Real Estate Project or any other event / reason of extension given delay recognized or allowed in this regard by the Authority for registration. The PromoterAuthority, based on the approved plans and specifications, assures Promoters assure to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) the specifications & amenities thereof mentioned in case Schedule VII hereto and the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification common areas / services / facilities which are part of the Government and/or other public Real Estate Project as mentioned in Schedule VIII hereto; on or competent authority/court and/or caused by nature affecting the regular development before facilities which are part of the real estate project (“Force Majeure”)Complex as mentioned in Schedule IX hereto, are being developed as part of Phase II and will be completed on or before _. If, however, the completion of the Real Estate Project is delayed due to the any Force Majeure conditions Event / Court orders, policy / guidelines of Competent Authorities, decisions affecting the regular development of the Real Estate Project or any other event / reason of delay recognized or allowed in this regard by the Authority, then the Allottee agrees that the Promoter Promoters shall be entitled to the extension of time for delivery of possession of the Apartment, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Promoters to implement the project Real Estate Project due to Force Majeure conditionsEvent / Court orders, policy / guidelines of Competent Authorities, decisions affecting the regular development of the Real Estate Project or any other event / reason of delay recognized or allowed in this regard by the Authority, then this the allotment of the Apartment to the Allottee shall stand terminated and the Promoter shall Promoters shall, subject to execution and registration of the deed of cancellation as referred in Clause 9.6 herein after, refund to the Allottee the entire amount received by the Promoter from Promoters towards the allotment purchase of the Apartment, without any interest, within 45 90 (ninety) days from that date.. The Promoters shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she it shall not have any rights, claims etc. against the Promoter Promoters, the Confirming Parties, and that the Promoter Promoters shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 PLOT Schedule for possession of the said ApartmentApartment : The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. 31-12-2028, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It Procedure for taking possession – The Promoter shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within 3 (three) months from the date of issue of such notice and the Promoter shall give possession of the Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee. Failure of Allottee to take Possession of Apartment : Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the Apartment to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After handing over physical possession of the Apartment to the Allottee, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottee or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee – The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment or 10% of the total consideration whichever is lower. The balance amount of money paid by the Allottee shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided promoter to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose within 45 days of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovesuch cancellation.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Said Apartment - The Promoter Owners/Promoters agrees and understands that timely delivery of possession of the Said Apartment to the Allottee Allottees and the Common Areas of the Real Estate Project to the Association association of the Allottees , (upon its formation and registration) is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, Owners/Promoters assures to hand over possession of the Said Apartment along with ready and complete Common Areas of the Real Estate Project (as specified in Schedule E below) with all specifications (as provided in Schedule D below) in place on …………,30-12-2024 ( DECEMBER’2024) for Block/Building No. A and B with a grace period of twelve 12 months (“Completion date) in case the Promoter fails to complete the Project. Date”), unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake. Pandemic or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project Real Estate Project (“"Force Majeure”"). If, however, the completion of the Real Estate Project is delayed due to the Force Majeure conditions then the Allottee Allottees agrees that the Promoter Owners/Promoters shall be entitled to the extension of time for delivery of possession of the Apartment, Apartment Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Allottees agrees and confirms that, in the event it becomes impossible for the Promoter Owners/Promoters to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owners/Promoters shall refund to the Allottee Allottees the entire amount received by the Promoter Owners/Promoters from the allotment within 45 days from that date.. The Owners/Promoters shall intimate the Allottees about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeAllottees, the Allottee Allottees agrees that he/ she shall not have any rights, claims etc. against the Promoter Owners/Promoters and that the Promoter Owners/Promoters shall be released and discharged from all its obligations and liabilities under this Agreement.
7.2 The Possession Date has been accepted by the Allottees. However, if the Said Apartment is made ready prior to the Completion Date, the Allottees undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/her/their/its payment obligations, having clearly agreed and understood that the payment obligations of the Allottees are linked inter alia to the progress of construction, and the same is not a time linked plan. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions For Fortune Park Housing Projects Pvt. Ltd and deposited with the appropriate authorities concerned shall not be returned by the Promoter Owners/Promoters and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1. Schedule for possession of the said Apartment: Apartment - The Promoter Owner/Xxxxxxxxx agrees and understands that timely delivery of possession of the said Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, Owner/Developer assures to hand over possession of the Apartment on …………,within 31st January, 2020 with a grace period of twelve 6(six) months (Completion date“Committed Possession Date”) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature or any other reason beyond the reasonable control of the Owners/Developer affecting the regular development of the real estate project (“Force Majeure”). If, If however, the completion of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter Owner/Developer shall be entitled to the extension of time for delivery of possession of the said Apartment, Provided provided that such Force Majeure conditions are not of a nature which make makes it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Owner/Developer to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owner/Developer shall refund to the Allottee the entire amount received by the Promoter Owner/Developer from the allotment Allottee within 45 (forty-five) days from that date.date without any interest. The Owner/Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she he/she/they shall not have any rightsright, claims claim etc. against the Promoter Owner/Developer and/or the Apartment and that the Promoter Owner/Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the Common Areas common areas to the Association association of allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that The Promoter/Developer shall make the Promoter shall be entitled said flat habitable within a period of 36 (thirty six) months plus 6 (six) months grace period, totaling to reasonable extension of time as agreed by and between 42 months i.e. October, 2021 for the Allottee and the Promoter for giving allotee to take possession of the Apartment on said flat and appurtenances, after fulfilling all obligations under this agreement, including payment of the aforesaid date balance of the total consideration indicated above subject to execution and the same shall not include the period registration of extension given by the Authority for registrationnecessary deed of conveyance. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the Apartment on …………,along with a grace period ready and complete common areas with all specifications, amenities and facilities of twelve months (Completion date) in case the Promoter fails to complete project within the Project. aforesaid time period, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 7.2 Procedure for taking possession - The right Promoter, upon obtaining the certificate* from the competent authority shall offer in writing the possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightApartment, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within two months from the milestones on which payment is duedate of issue of certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of certificate]. The dates provided are only tentative Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the purpose project. The promoter shall hand over the certificate of dealing with contractors and will also make efforts the apartment/plot, as the case may be, to complete various stages as per the allottee at the time schedule upto completion of conveyance of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovesame.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee Allottee/Allottee(s) and the Common Areas common areas to the Association Society of Allottee/Allottee(s) or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. or before 31st August 2018, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottee/Allottee(s) agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Allottee/Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee/Allottee(s) the entire amount received by the Promoter from the allotment within 45 days from that date.. The promoter shall intimate the Allottee/Allottee(s) about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee/Allottee(s), the Allottee Allottee/Allottee(s) agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the Apartment, to the Allottee/Allottee(s) in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. It is clarified that all amounts collected as taxes[Provided that, chargesin the absence of local law, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned conveyance deed in favour of the Allottee/Allottee(s) shall not be returned carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee shall be free to approach the authorities concerned for refund Allottee/Allottee(s) in case of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right failure of fulfilment of any of the Allottee provisions, formalities, documentation on part of the Promoter. The Allottee/Allottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/Society of Allottee/Allottee(s), as the case may be after the issuance of the completion certificate for the project. The promoter shall remain restricted hand over the occupancy certificate of the apartment, as the case may be, to the respective Apartment and Allottee/Allottee(s) at the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest time of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions conveyance of the Project or Complexsame.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for 7.1. ScheduleforpossessionofthesaidApartment:ThePromoteragreesandunderstandsthattimelydeliveryof possession of the said Apartment: The Promoter agrees and understands that timely delivery of possession of the Said Apartment to the Allottee and the Common Areas to the Association of the Allottees , allottees is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. Said Apartmenton 31st December 2027 unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project or any further delay(s) beyond the control of the Promoter due to epidemic, pandemic, quarantine restriction, state or nationwide lockdown, including any future disruptions due to the coronavirus disease or other circumstances deemed by the Authority to be force majeure events (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated standterminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its formalist obligations and liabilities under this Agreement. It The Possession Date has been accepted by the Allottees. However, if the Said Apartment is made ready prior to the Completion Date, the Allottees undertake and covenant not to make or raise any objection to the consequent pre-ponement of his/her/their/its payment obligations, having clearly agreed and unders tood that the payment obligations of the Allottees are linked inter alia to the progress of construction, and the same is not a time linked plan. Notwithstanding anything elsewhere to the contrary herein contained, it is expressly agreed understood and clarified that all amounts collected as taxesif at any time, chargesthe customer is required to pay any stamp duty, leviesregistration fee, cesslegal fees, assessments other expenses, etc., (over and impositions above the one to be paid by the Allottes for registration of the said Apartment) which becomes payable therefor, then the same shall be borne paid and deposited with discharged by the appropriate authorities concerned allottees of the Project (including the Allottees herein) proportionately and the Promoter and/or the Owners shall not be returned by liable therefor in any manner whatsoever and the Allottees and the other allottees shall keep the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsOwners fully indemnified with regard thereto.
8.2 7.2. Procedure for taking possession – The right Promoter, upon obtaining the Completion Certificate/ partial completion certificate from the competent authority shall offer in writing the possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightSaid Apartment, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based interm soft his Agreement(Possession Notice)to be taken within 2 (Two) months from the date of issue of such notice and the Promoter shall give possession of the Said Apartment to the Allottee subject to payment of all amount due and payable under this Agreement and Registration of the Deed of Conveyance. ThePromoteragreesandundertakestoindemnifytheAllotteeincaseoffailureoffulfillment of any of the provisions, formalities, documentation on part of the milestones on which payment is duePromoter. The dates Allottee agree(s) to pay the maintenance charges (as provided are only tentative and for on Schedule G below) as determined by the purpose Promoter/association of dealing with contractors and will also make efforts allottees, as the case may be. The Promoter on its behalf shall offer the possession to complete various stages as per the time schedule upto Allottee inwriting after receiving the Completion Certificate/ partial completion certificate of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 aboveProject.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. 30th June, 2024 unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she he/she/it/they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified herein that all the amounts collected as taxes, charges, levies, cess, assessments and impositions GST and deposited with the appropriate authorities concerned concerned, shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right GST. give possession of the Allottee shall remain restricted Apartment to the respective Apartment Allottee. The Promoter agrees and the properties appurtenant thereto and undertakes to indemnify the Allottee shall have no right, title or interest nor shall claim any right, title or interest in case of failure of fulfilment of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be. The Promoter has provided on its behalf shall offer the possession to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto in writing within occupancy certificate/completion certificate of the Project including the provisions Project. days of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.receiving the
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , Unit is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans plan and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. ……………………… unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature and any event or happening which is beyond the control of the Promoter affecting the regular development of the real estate project Project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 (forty- five) days from that date.. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxesProcedure for taking possession: The Promoter, chargesupon obtaining the occupancy certificate or completion certificate, levieswhichever be applicable, cessfrom the competent authority, assessments and impositions and deposited with within a maximum period of 15 (fifteen) days from the appropriate authorities concerned date of such certificate, shall not be returned issue a notice in writing (“NOTICE OF POSSESSION”) by speed post/e-mail in favour of the Allottee calling upon the Allottee to take possession of the Unit within a maximum of 45 (forty five) days from the date of the said Notice by the Allottee (the “POSSESSION DATE/ DEEMED DATE OF POSSESSION”). Provided that the conveyance deed in favour of the Allottee shall be executed and registered by the Owner/Promoter, as the case may be (subject, however, to the Allottee making all payments as mentioned in the Part II of SCHEDULE-5 hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Promoter as per requisition of the Promoter) within 3 (three) months from the date of issue of occupancy/ completion certificate (or such other certificate by whatever name called issued by the competent authority) and the Allottee shall be free bound to approach register the authorities concerned for refund conveyance deed within the time stipulated above. The Promoter agrees and undertakes to indemnify the Allottee in case of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right failure of fulfillment of any of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightprovisions, title or interest nor shall claim any rightformalities, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions documentation on part of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is duePromoter. The dates provided are only tentative and for Allottee, after taking possession and/or from the purpose Deemed Date of dealing with contractors and will also make efforts Possession, agree(s) to complete various stages pay the maintenance charges as per determined by the time schedule upto completion Promoter/association of allottees, as the Project including the provisions of civic infrastructure like water, electricity, sanitation case may be. in para 7.2 and all other above outgoings mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovethis Agreement.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT:
8.1 7.1 Schedule for possession of the said plot [Apartment: /Plot] - The Promoter agrees and understands that timely delivery of possession of the Apartment plot [Apartment/Plot] to the Allottee allottee and the Common Areas common areas to the Association association of allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment plot [Apartment/Plot] along with ready and complete common areas with all specifications, amenities and facilities of the Dweepam A-1 phase of the project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. 31/12/2026, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the plot [Apartment/Plot], Provided provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes.
7.2 Procedure for taking possession - The Promoter, charges, levies, cess, assessments and impositions and deposited with upon obtaining full payment of the appropriate authorities concerned shall not be returned by Apartment/plot from the Promoter Allottee and the Allottee completion certificate* from the competent authority shall be free to approach offer in writing the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightplot [Apartment/Plot], title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within two months from the milestones on which payment is duedate of issue of completion occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of completion occupancy certificate]. The dates provided are only tentative Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the purpose project or from 31/12/2026 onwards, whichever is earlier. The promoter shall hand over the completion occupancy certificate of dealing with contractors and will also make efforts the plot apartment/plot, as the case may be, to complete various stages as per the allottee at the time schedule upto completion of conveyance of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely same. That it shall be delays in the timelines provided but the Promoter assures mandatory for the Allottee that to become a member of the Project will residents society at the time of possession of the said property, which shall be completed within responsible for all maintenance and security provision of the ‘Completion date’ provided in Clause 8.1 abovepremises as may be mutually decided later.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands understand that timely delivery of possession of the said Apartment to the Allottee and the Common Areas to the Association of or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures assure to hand over possession of the said Apartment along with ready and complete Common Areas all specifications, amenities and facilities of the said Project in place on …………,__________ with a grace period of twelve 6 months (Completion date) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement (“Force Majeure”). If, If however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount {less any taxes collected from the Allottee} received by the Promoter from the allotment within 45 (forty-five) days from that date.. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she he shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited including stamp duty, registration charges and incidental charges with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT:
8.1 7.1 Schedule for possession of the said [Apartment: /Plot] Residential / Non Residential / Building / Apartment / Plot. - The Promoter agrees and understands that timely delivery of possession of the [Apartment/Plot] Residential / Non Residential / Building / Apartment / Plot to the Allottee allottee and the Common Areas common areas to the Association association of allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the [Apartment/Plot] Residential / Non Residential / Building / Apartment / Plot along with ready and complete common areas with all specifications, amenities and facilities of the project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. , unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment, Provided /Plot] Residential / Non Residential / Building / Apartment / Plot provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* Completion Certificate from the competent authority / Engineer in Charge of the Project shall offer in writing the possession of the [Apartment/Plot] Residential / Non Residential / Building / Apartment / Plot, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. It is clarified that all amounts collected as taxesfinal Allotment letter, charges[Provided that, leviesin the absence of local law, cess, assessments and impositions and deposited with the appropriate authorities concerned conveyance deed in favour of the allottee shall not be returned carried out by the promoter within 3 months from the date of issue of occupancy certificate] final Allotment letter. The Conveyance deed in favour of Allottee shall only be carried out after receiving the full and final payment, then only Possession Letter shall be issued by the Promoter. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy Completion certificate signed by the Engineer in Charge of the Project [Apartment/Plot] Residential / Non Residential / Building / Apartment / Plot as the case may be, to the allottee at the time of conveyance of the same.
7.3 Failure of Allottee to take Possession of [Apartment/Plot] Residential / Non Residential / Building / Apartment / Plot - Upon receiving a written intimation from the Promoter as per para 7.2, the Allottee shall take possession of the [Apartment/Plot] Residential / Non Residential / Building / Apartment / Plot from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] Residential / Non Residential / Building / Apartment / Plot to the allottee. In case the Allottee fails to take possession within the time provided in para 7.2, such Allottee shall continue to be free liable to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionspay maintenance charges as specified in para 7.2.
8.2 The right 7.4 Possession by the Allottee - After obtaining the occupancy Completion certificate* and handing over physical possession of the Allottee shall remain restricted [Apartment/Plot] Residential / Non Residential / Building / Apartment / Plot to the respective Apartment and Allottees, it shall be the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions responsibility of the Project or Complex.
8.3 The Promoter has provided to hand over the necessary documents and plans, including common areas, to the Allottee a time schedule for construction progress based on association of Allottees or the milestones on which payment is due. The dates provided are only tentative and for competent authority, as the purpose of dealing with contractors and will also make efforts to complete various stages case may be, as per the time schedule upto completion of the Project including the provisions of civic infrastructure like waterlocal laws. [Provided that, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but absence of any local law, the Promoter assures promoter shall handover the Allottee that necessary documents and plans, including common areas, to the Project will be completed association of allottees or the competent authority, as the case may be, within thirty days after obtaining the ‘Completion date’ provided in Clause 8.1 abovecompletion certificate].
Appears in 1 contract
Samples: Agreement for Sale/Lease
POSSESSION OF THE APARTMENT. PLOT
8.1 PLOT Schedule for possession of the said [Apartment]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , [Apartment] is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over handover possession of the Apartment on …………,with a grace period of within twelve months (Completion date) in case from the Promoter fails signing of the Sale Agreement and subject to complete the Project. clearance of all outstanding payments ,unless there is a delay or failure due to conditions such as war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”). IfMajeure").If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottee(s) agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees Allottee(s)agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the Allottee(s)the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the AllotteeAllottee(s), the Allottee Xxxxxxxx(s) agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected Procedure for taking possession- The Promoter, upon obtaining the Completion Certificate* from the competent authority shall offer in writing the possession of the Apartment, to the Allottee(s) in terms of this Agreement to be taken within 3 (three) months from the date of issue of such notice and the Promoter shall give possession of the [Apartment] to the Allottee(s). The Promoter agrees and undertakes to indemnify the Allottee(s) in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee(s) agree(s) to pay the maintenance charges as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned determined by the Promoter/ association of allottee(s), as the case may be. The Promoter on its behalf shall offer the possession to the Allottee(s) in writing within ten days of receiving the Completion Certificate* of the Project. Failure of Allottee(s) to take Possession of [Apartment]: Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee(s) shall take possession of the [Apartment] from the Promoter by executing necessary indemnities, undertakings and such other Possession by the Allottee Allottee(s)- After obtaining the Completion certificate* and handing over physical possession of the [Apartment] to the Allottee(s), it shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right responsibility of the Allottee shall remain restricted Promoter to hand over the necessary documents and plans, including common areas, to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions association of the Project Allottee(s) or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on competent authority, as the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages case may be, as per the time schedule upto completion of local laws. Cancellation by Xxxxxxxx(s)-The Allottee(s) shall have the right to cancel/withdraw his allotment in the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays as provided in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.Act:
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the said Apartment to the Allottee and the Common Areas to the Association of or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the said Apartment on …………,along with ready and complete Common Areas all specifications, amenities and facilities of the said Project in 31st December 2026 with a grace period of twelve 6 months (Completion date) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake including spread of Covid-19 pandemic or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement (“Force Majeure”). If, If however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agrees agree that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees agree and confirms confirm that, in the event it becomes impossible for the Promoter to implement the project said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount {less any taxes collected from the Allottee} received by the Promoter from the allotment within 45 (forty five) days from that date.. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she they shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited including stamp duty, registration charges and incidental charges with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment – The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the Common Areas common areas to the Association association of allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. or before31.12.2023 unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting affective the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditionscondition, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the Allotteethe entire amount received by the Promoter from the allotment within 45 days from that the date.. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 7.2 Procedure for taking possession - The right Promoter, upon obtaining the occupancy certificate from the competent authority shall offer in writing the possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightApartment, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within two months from the milestones on which payment is duedate of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The dates provided are only tentative Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case mey be after the issuance of the completion certificate for the purpose Project. The promoter shall hand over the occupancy certificate of dealing with contractors and will also make efforts the Apartment, as the case may be, to complete various stages as per the allottee at the time schedule upto completion of conveyance of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovesame.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment]: The Promoter agrees and understands that timely delivery of possession of the [ Apartment to the Allottee and the Common Areas to the Association of the Allottees , / Plot] is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment [Apartment] on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. unless , Unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for of delivery of possession of the Apartment[Apartment / Plot ], Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It Allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within certificate* of the Project. days of receiving the occupancy and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [ Apartment / Plot ] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the promoter, the promoter herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment. The balance amount of money paid by the allottee shall not be returned by the Promoter and promoter to the Allottee shall be free to approach the authorities concerned for refund allottee within 45 days of such taxes, charges, levies, cess, assessments and impositionscancellation.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said ApartmentApartment / Unit: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , / Unit is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment / Unit on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. or before 31st July, 2026, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, pandemic / epidemic or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions (as defined in the Act) then the Allottee Allottees agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided Apartment / Unit provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Allottees agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottees the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the AllotteeAllottees, the Allottee Xxxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected Apartment / Unit, to the Allottees in terms of this Agreement to be taken within 3 (three) months from the date of issue of such notice and the Promoter shall give possession of the Apartment / Unit to the Allottees. The Promoter agrees and undertakes to indemnify the Allottees in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottees, agree(s) to pay the maintenance charges as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned determined by the Promoter/ association of allottees, as the case may be. The Promoter and on its behalf shall offer the Allottee shall be free possession to approach the authorities concerned for refund Allottees in writing within 30 days of such taxesreceiving the completion / occupancy certificate, chargesas applicable, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or ComplexProject.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the said Apartment to the Allottee Allottee(s) and the Common Areas to the Association of or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the said Apartment along with ready and complete Common Areas, all specifications, Installations of the said Project in place on …………,31st December, 2019 with a grace period of twelve 6 months (Completion date) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project or any unforeseen occurrences, acts, court order, events, omissions or accidents which are beyond the reasonable control of the Owners and the Promoter so prevented and does not arise out of a breach by such Party of any of its obligations under this agreement (“Force Majeure”). If, If however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agrees Allottee(s) agree(s) that the Promoter shall be entitled to the extension of time for delivery of possession of the said Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise The Allottee(s) agree(s) and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms confirm(s) that, in the event it becomes impossible for the Promoter to implement the project said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount {less any taxes collected from the Allottee(s)} received by the Promoter from the allotment within 45 (forty five) days from that date.. The Promoter shall intimate the Allottee(s) about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees Allottee(s) agree(s) that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited including stamp duty, registration charges and incidental charges with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee Allottee(s) shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: The Promoter Vendors/Xxxxxxxx agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Vendors/Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment [Apartment] on …………,with a grace period of twelve months (Completion date) in case June, 2028 and the Promoter fails to complete the Project. entire Project will be completed on December, 2030 unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottee(s) agrees that the Vendors/Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment], Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Vendors/Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Vendors/Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Vendors/Promoter from the allotment within 45 days from that date.. After refund of the money paid by the AllotteeAllottee(s), the Allottee Xxxxxxxx(s) agrees that he/ he/she shall not have any rights, claims etc. against the Vendors/Promoter and that the Vendors/Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 7.2 maybe. The Promoter has provided on its behalf shall offer the possession to the Allottee in writing within days of receiving the occupancy certificate*of the Project.
7.3 Failure of Allottee(s) to take Possession of [Apartment]: Upon receiving a written intimation from the Vendors/Promoter the Allottee(s) shall take possession of the [Apartment] from the Vendors/Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Vendors/Promoter shall give possession of the [Apartment] to the Allottee(s). In case the Allottee(s) fails to take possession within the time schedule for construction progress based on provided such Allottee(s) shall continue to be liable to pay maintenance charges as applicable. Possession by the milestones on which payment is due. The dates provided are only tentative Allottee – After obtaining the occupancy certificate* and for handing over physical possession of the purpose [Apartment/Plot] to the Allottees, it shall be the responsibility of dealing with contractors the Promoter to hand over the necessary documents and will also make efforts plans, including common areas, to complete various stages the association of the Allottees or the competent authority, as the case maybe, as per the time schedule upto completion of local laws.
7.5 Cancellation by Xxxxxxxx(s): The Allottee(s) shall have the right to cancel/withdraw his allotment in the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays as provided in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.Act:
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1. Schedule for possession of the said Apartment: Said Apartment - The Promoter Vendor agrees and understands that timely delivery of possession of the Said Apartment to the Purchaser/Allottee and the Common Areas of the Project to the Association association of the Purchaser/Allottees , (upon its formation and registration) is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, Vendor assures to hand over possession of the Apartment on …………,Said Apartment, described in the Third Schedule below along with a grace period ready and complete Common Areas of twelve months the Project as specified in the Fourth Schedule below withall specifications (Completion dateas provided in Seventh Schedule below) in case place on or before October, 2023 for Block ‘D’ of the Promoter fails to complete the Project. complex unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project Project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Purchaser/Xxxxxxxx agrees that the Promoter Vendor shall be entitled to the extension of time for delivery of possession of the Apartment, Apartment Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Purchaser/Xxxxxxxx agrees and confirms that, in the event it becomes impossible for the Promoter Vendor to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendor shall refund to the Purchaser/Allottee the entire amount received by the Promoter Vendor from the allotment within 45 days from that date.. The Vendor shall intimate the Purchaser/Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Purchaser/Allottee, the Purchaser/Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter Vendor and that the Promoter Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned The Possession Date has been accepted by the Promoter Purchaser/Allottee. However, if the Said Apartment is made ready prior to the Completion Date, the Purchaser/Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the Purchaser/Allottee are linked inter alia to the progress of construction, and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee same is not a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovelinked plan.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1. Schedule for possession of the said Apartment: Said Apartment - The Promoter Vendor agrees and understands that timely delivery of possession of the Said Apartment to the Purchaser/Allottee and the Common Areas of the Project to the Association association of the Purchaser/Allottees , (upon its formation and registration) is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, Vendor assures to hand over possession of the Apartment on …………,Said Apartment, described in the Third Schedule below along with a grace period ready and complete Common Areas of twelve months the Project as specified in the Fourth Schedule below withall specifications (Completion dateas provided in Seventh Schedule below) in case place on or before October, 2023 for Block ‘D’ of the Promoter fails to complete the Project. complex unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project Project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Purchaser/Xxxxxxxx agrees that the Promoter Vendor shall be entitled to the extension of time for delivery of possession of the Apartment, Apartment Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Purchaser/Xxxxxxxx agrees and confirms that, in the event it becomes impossible for the Promoter Vendor to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Vendor shall refund to the Purchaser/Allottee the entire amount received by the Promoter Vendor from the allotment within 45 days from that date.. The Vendor shall intimate the Purchaser/Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Purchaser/Allottee, the Allottee Purchaser/Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter Vendor and that the Promoter Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned The Possession Date has been accepted by the Promoter Purchaser/Allottee. However, if the Said Apartment is made ready prior to the Completion Date, the Purchaser/Allottee undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the Purchaser/Allottee are linked inter alia to the progress of construction, and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee same is not a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovelinked plan.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: Apartment – The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas common areas to the Association of allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that Procedure for taking possession- The Promoter, upon issue of the Promoter Partial or Full Occupancy/Completion Certificate by the Corporation/competent authority, shall offer in writing the possession (“Possession Notice”) of the said Apartment to the Allottee in terms of this Agreement to be entitled taken by the Allottee within two months from the date of issue of occupancy/completion certificate subject to reasonable extension due compliance of time as agreed Clause 7.1 by and between the Allottee and subsequently the Promoter for giving possession Deed of Conveyancein favour of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned executed by the Promoter and the Allottee shall be free within 3 months from the date of issue of Occupancy/Completion Certificate. The Allottee, after issue of notice for taking possession, agrees to approach pay the authorities concerned for refund maintenance charges as determined by the Promoter/Association of such allottees, as the case may be, municipal taxes and other outgoings, electricity charges, other charges, rates, taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and deposits in respect of any other the said Apartment Unit from the Date of Possession or space and/or any other portions the Date of Commencement of Liabilities, whichever is earlier. The Promoter shall hand over the occupancy/completion certificate of the Project or Complex.
8.3 The Promoter has provided said Apartment to the Allottee at the time of execution of the Deed of Conveyance of the same. Failure of Allottee to take possession of Apartment- Upon receiving a written intimation from the Promoter as per Para 7.2 above, the Allottee(s) shall make full payment of all dues and comply with all obligations and thereafter shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Apartment to the Allottee(s). In case the Allottee(s) fails to take possession within the time schedule for construction progress based on provided as per Para 7.2 above, such Allottee shall continue to be liable to pay maintenance charges as specified under Para 7.2 above. Possession by the milestones on which payment is due. The dates provided are only tentative Allottee- After obtaining the occupancy certificate and for handing over physical possession of the purpose Apartment to the Allottee, it shall be the responsibility of dealing with contractors the Promoter to handover the necessary documents and will also make efforts plan, including common areas to complete various stages the Association of allottees or the competent authority, as the case may be, as per the time schedule upto completion of local laws: Cancellation by Allottee- The Allottee(s) shall have the right to cancel/withdraw his allotment in the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays as provided in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.Act:
Appears in 1 contract
Samples: Deed of Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the Common Areas common areas to the Association association of allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that Construction of the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee apartment is complete and the Promoter said is ready to be handed over to the purchaser. It is for giving allotee to take possession of the Apartment on said flat and appurtenances, after fulfilling all obligations under this agreement, including payment of the aforesaid date balance of the total consideration indicated above subject to execution and the same shall not include the period registration of extension given by the Authority for registrationnecessary deed of conveyance. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the Apartment on …………,along with a grace period ready and complete common areas with all specifications, amenities and facilities of twelve months (Completion date) in case the Promoter fails to complete the Project. project, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development delivery of possession of the real estate project apartment (“Force Majeure”). If) in which event, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 7.2 Procedure for taking possession - The right Promoter, upon obtaining the certificate* from the competent authority shall offer in writing the possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightApartment, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within two months from the milestones on which payment is duedate of issue of certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of certificate]. The dates provided are only tentative Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the purpose project. The promoter shall hand over the certificate of dealing with contractors and will also make efforts the apartment, as the case may be, to complete various stages as per the allottee at the time schedule upto completion of conveyance of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovesame.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1. Schedule for possession of the said Apartment: Apartment – The Promoter Developer/Xxxxxxxx agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas common areas to the Association of the Allottees , Allottee(s) is the essence of the Agreement. Provided that the The Developer/Promoter shall be entitled assures to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving handover possession of the Apartment on the aforesaid date alongwith ready and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and complete common areas with all specifications, assures to hand over possession amenities and facilities of the Apartment on …………,projects, in place within 24 (twenty four) months with a grace period of twelve months 6 (Completion datesix) in case the Promoter fails to complete the Project. months, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, If however, the completion of the Project project is delayed due to the Force Majeure conditions then the Allottee agrees that the Developer/Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, provided that such Force Majeure conditions then this allotment shall stand terminated and the Developer/Promoter shall refund to the Allottee the entire amount received by the Developer/Promoter from the allotment within 90 (ninety) days from that date. The Developer/Promoter shall intimate Allottee (s) about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/she shall not have any rights, claims etc. against the Developer/Promoter and that the Developer/Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee (s) agrees and confirms that, in the event it becomes impossible for the Developer/Promoter to implement the project due to Force Majeure conditions, conditions then this allotment shall stand terminated and the Developer/Promoter shall refund to the Allottee (s) the entire amount received by the Promoter Developer from the allotment within 45 90 (ninety) days from that the date.. The Developer/Promoter shall intimate the Allottee (s) about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeAllottee (s), the Allottee (s) agrees that he/ he/she shall not have any rights, claims etc. against the Developer/Promoter and that the Developer/Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,within 24 (Twenty Four) months, with a grace an additional period of twelve months 12 (Completion dateTwelve) in case the Promoter fails to complete the Project. months, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for of delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.date without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected Procedure for taking possession - The Promoter, upon obtaining of the occupancy certificate to the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this agreement to be taken within 3 (Three) month from the date of issue of such notice and the Promoter shall give possession of the Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned determined by the Promoter and Failure of allottee to take Possession of [ Apartment ] : Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right take possession of the [ Apartment] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [ Apartment ] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall remain restricted continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment] to the respective Apartment Allottees, it shall be the responsibility of the Promoter to hand over the duplicate copy of necessary documents and plans, including common areas, to the properties appurtenant thereto and association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee - The Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and the right to cancel / withdraw his allotment in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has as provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.Act:
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: The Apartment -- Subject to compliance of the terms and conditions as set out in clause No. 1 and 2 hereinabove by the allottee, the Promoter agrees agree and understands understand that timely delivery of possession of the Apartment to the Allottee allottee and the Common Areas common areas to the Association of Allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. or before 01.06.2023, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount only received by the Promoter from the allotment within 45 days from that date.. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. However, it is agreed hereto between the parties that the Promoter will keep the project insured against all force majeure conditions, and in the event of any force majeure condition making the project impossible to be implemented, then the period of refund of amount may extend to the time taken by the insurance company to reimburse the insurance value to the Promoter. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule PLOT Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the said [Apartment: /Plot], to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoter shall give possession of the [Apartment/Plot] to the Allottee. The Promoter agrees and understands that timely delivery undertakes to indemnify the Allottee in case of possession failure of fulfillment of any of the Apartment to the Allottee and the Common Areas to the Association provisions, formalities, documentation on part of the Allottees Promoter, is The Allottee agree(s) to pay the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time maintenance charges as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given determined by the Authority for registration. The Promoter/association of Allottees, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective be. The Promoter on its behalf shall offerthepossession to the Allottee in writing within Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter as mentioned above, the Allottee shall take possession of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for [Apartment/Plot] from the Promoter to implement the project due to Force Majeure conditionsby executing necessary indemnities, then undertakings and such other documentation as prescribed in this allotment shall stand terminated Agreement, and the Promoter shall refund give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the entire amount received time provided as mentioned above, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the Promoter from Allottee - After obtaining the allotment within 45 days from that date.After refund occupancy certificate* and handing over physical possession of the money paid by [Apartment/Plot] to the AllotteeAllottees, it shall be the Allottee agrees that he/ she shall not have any rights, claims etc. against responsibility of the Promoter to hand over the necessary documents and that plans, including common areas, to the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right association of the Allottees or the competent authority, as the case may be, as per the local laws. Cancellation by Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the - The Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and the right to cancel/withdraw his allotment in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has as provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.Act:
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment – The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment/ Plot] to the Allottee and the Common Areas common areas to the Association of allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled assures to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving handover possession of the Apartment on the aforesaid date [Apartment/ Plot] along with ready and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and complete common areas with all specifications, assures to hand over possession amenities and facilities of the Apartment Project in place on …………,with a grace period 24 months from the date of twelve months (Completion date) in case the Promoter fails to complete the Project. agreement for sale unless there is a delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, [Apartment/ Plot]. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allotment within 45 days from that date.. The Promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. 31.10.2028, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxesProcedure for taking possession – The Promoter, charges, levies, cess, assessments and impositions and deposited with upon obtaining the appropriate authorities concerned occupancy certificate from the competent authority shall not be returned by offer in writing the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightApartment, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within 3 (three) months from the milestones on which payment is duedate of issue of such notice and the Promoter shall give possession of the Apartment to the Allottee. The dates provided are only tentative Promoter agrees and for undertakes to indemnify the purpose Allottee in case of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion failure of fulfilment of any of the Project including provisions, formalities, documentation on part of the provisions Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of civic infrastructure like waterallottees, electricity, sanitation and all other above mentioned internal/external development works but as the case may be. The Promoter knows there will definitely be delays in on its behalf shall offer the timelines provided but the Promoter assures possession to the Allottee that in writing within days of receiving the Project will be completed within occupancy certificate of the ‘Completion date’ provided in Clause 8.1 aboveProject.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 (a) Schedule for possession of the said Apartment: Said Unit - The Promoter Promoter/Developer agrees and understands that timely delivery of possession of the Apartment Said Unit to the Allottee ALLOTTEE and the Common Areas of the Real Estate Project to the Association association of the Allottees , ALLOTTEE (upon its formation and registration) is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, /Developer assures to hand over possession of the Apartment on …………,Said Unit along with a grace period ready and complete Common Areas of twelve months the Real Estate Project (Completion dateas specified in Schedule below) with all specifications (as provided in Schedule below) in case the Promoter fails to complete the Project. place on or before /10/2026, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project Real Estate Project; or any further delay(s) beyond the control of the Promoter/Developer due to epidemic, quarantine restriction, state or nationwide lockdown, including any future disruptions due to the corona-virus disease (“Force Majeure”). If, however, the completion of the Real Estate Project is delayed due to the Force Majeure conditions then the Allottee ALLOTTEE agrees that the Promoter Promoter/Developer shall be entitled to the extension of time for delivery of possession of the Apartment, Apartment Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee ALLOTTEE agrees and confirms confirm that, in the event it becomes impossible for the Promoter Promoter/Developer to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Promoter/Developer shall refund to the Allottee ALLOTTEE the entire amount received by the Promoter Promoter/Developer from the allotment within 45 days from that date.. The Promoter/Developer shall intimate the ALLOTTEE about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeALLOTTEE, the Allottee agrees ALLOTTEE agree that he/ she he/she/it/they shall not have any rights, claims etc. against the Promoter Promoter/Developer and that the Promoter Promoter/Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It The Possession Date has been accepted by the ALLOTTEE. However, if the Said Unit is made ready prior to the Completion Date, the ALLOTTEE undertake and covenant not to make or raise any objection to the consequent pre-ponement of his/her /their/its payment obligations, having clearly agreed and understood that the payment obligations of the ALLOTTEE are linked inter alia to the progress of construction, and the same is not a time linked plan.
(b) Notwithstanding anything elsewhere to the contrary herein contained, it is expressly agreed understood and clarified that if at any time, under the provisions of the applicable laws, the Common Areas and all amounts collected deposits relating thereto and/or the land comprised in the Project Property or any part thereof are required and to be transferred to the association of ALLOTTEE, then the Promoter/Developer and/or the Owners, as taxesper their respective entitlements, chargesshall be entitled to do so and the ALLOTTEE shall do all acts, leviesdeeds and things and sign, cessexecute and deliver all papers documents etc., assessments as be required therefore and impositions if any stamp duty, registration fee, legal fees, other expenses, etc., is payable therefore, then the same shall be borne paid and deposited with discharged by the appropriate authorities concerned ALLOTTEE of the Project (including the ALLOTTEE herein) proportionately and the Promoter/Developer and/or the Owners shall not be returned liable therefore in any manner whatsoever and the ALLOTTEE and the other ALLOTTEE shall keep the Promoter/Developer and the Owners fully indemnified with regard thereto.
7.2 Procedure for taking possession - The Promoter/Developer, upon obtaining the completion certificate from the competent authority shall offer in writing the possession of the Said Unit, to the ALLOTTEE in terms of this Agreement to be taken within three months from the date of issue of completion certificate, subject to payment of all amount due and payable under this Agreement and Registration of the Deed of Transfer. The Promoter/Xxxxxxxxx agrees and undertakes to indemnify the ALLOTTEE in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter/Developer. The ALLOTTEE, after taking possession, agreed to pay the maintenance charges as determined by the Promoter and Promoter/Developer/association of ALLOTTEE, as the Allottee shall case may be free to approach from the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right date of the Allottee issuance of the completion certificate for the Project. The Promoter/Developer shall remain restricted to hand over the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest photocopy of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions completion certificate of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per ALLOTTEE at the time schedule upto completion of Deed of Transfer of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovesame.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas common areas to the Association of the Allottees , is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. March 2026, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that Procedure for taking possession - The Promoter, upon obtaining the completion certificate from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of completion certificate subject to payment of all amounts collected due and payable under this Agreement and Registration of Deed of Sale. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned determined by the Promoter/association of allottees, as the case may be from the date of the issuance of the completion certificate for the project. The promoter shall hand over the photocopy of completion certificate of the project to the allottee at the time of conveyance of the same. Failure of Allottee to take Possession of Apartment - Upon receiving a written intimation from the Promoter and as per para 7.2, the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the Apartment to the allottee. In case the Allottee fails to take possession within the time provided in para 7.2 such Allottee shall remain restricted continue to be liable to pay interest on amount due and payable in terms of this agreement, maintenance charges as specified in para 7.2, municipal tax and other outgoings and further holding charge of Rs.5,000/- per month or part thereof for the period of delay of to taking possession . Possession by the Allottee- After obtaining the completion certificate and handing over physical possession of the Apartment to the respective Apartment Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the properties appurtenant thereto association of Allottee upon its formation and Registration; Provided that, in the absence of any local law, the promoter shall handover the necessary documents and plans, including common areas, to the association of allottees or the competent authority, as the case may be, within thirty days after formation and registration of the association of allottees. Cancellation by Allottee- The Allottee shall have no right, title or interest nor shall claim the right to cancel/ withdraw his allotment in the Project as provided in the Act: Provided that where the Allottee proposes to cancel/withdraw from the project without any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions fault of the Project or Complex.
8.3 The Promoter has provided promoter, the promoter herein is entitled to forfeit the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and booking amount paid for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 aboveallotment.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said [Apartment/Flat/]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , [Apartment] is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment [Apartment/Flat/] on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. ……….., unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, pandemic, epidemic or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment], Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
7.2 Procedure for taking possession – The Promoter, upon obtaining the occupancy certificate from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of Occupancy Certificate. It is clarified that all amounts collected as taxesProvided that, chargesin the absence of local law, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and conveyance deed in favour of the Allottee shall be free carried out by the Promoter within 3 months from the date of issue of Occupancy Certificate. The Promoter agrees and undertakes to approach indemnify the authorities concerned for refund Allottee in case of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right failure of fulfillment of any of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightprovisions, title or interest nor shall claim any rightformalities, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions documentation on part of the Project or Complex.
8.3 Promoter. The Allottee after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/Association of Allottees, as the case may be after the issuance of the Completion Certificate for the project. The Promoter has provided shall hand over the Occupancy Certificate of the Apartment, as the case may be, to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per at the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.of
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter Developer agrees and understands that timely delivery of possession of the Flat/Apartment to the Allottee Purchaser and the Common Areas to the Association association of the Allottees , Purchaser is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, Developer assures to hand over possession of the Apartment along with right to use Common Areas with all specifications, amenities and facilities attached to the Project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. or before 31st December 2024 unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, epidemic, pandemic and/ or lockdowns due to pandemic or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project Project (“Force Majeurethe ”FORCE MAJEURE”). If, however, the completion of the proposed Building in the Project is delayed due to the Force Majeure conditions then the Allottee Purchaser agrees that the Promoter Developer shall be entitled to the extension of time for delivery of possession of the Flat/ Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Purchaser agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project proposed building of the Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee Purchaser the entire amount received by the Promoter Developer from the allotment within 45 days from that date.. The Developer shall intimate to the Purchaser about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteePurchaser, the Allottee Purchaser agrees that he/ she the Purchaser shall not have any rightsright, claims claim etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with .
7.2 Procedure for taking possession - The Developer upon obtaining the appropriate authorities concerned shall not be returned occupancy certificate or such other certificate by whatever name called issued by the Promoter competent Authority, shall within a maximum period of fifteen days from such date (the “NOTICE OF POSSESSION”) offer in writing the possession of the Apartment, to the Purchaser in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Purchaser to take possession of the Apartment within a maximum of forty five days from the date of receipt of the said Notice of Possession by the Purchaser (the “POSSESSION DATE /DEEMED DATE OF POSSESSION”) Provided that the conveyance deed of the Apartment in favour of the Purchaser shall be executed and registered by the Promoters (subject, however, to the Purchaser making all payments as mentioned in the SCHEDULE C hereto and taking possession of the Apartment in terms of the Notice of Possession and making payment of the stamp duty, registration charges and legal charges & expenses to the Developer as per requisition of the Developer ) within three months from the date of issue of occupancy certificate (or such other certificate by whatever name called issued by the competent authority) and the Allottee Developer shall give possession of the Apartment to the Purchaser . The Developer agrees and undertakes to indemnify the Purchaser in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Developer. The Purchaser, after taking possession and/or from the Deemed Date of Possession, agree(s) to pay the maintenance charges taxes etc. as determined by the Developer/association of Purchasers, as the case may be free to approach after the authorities concerned issuance of the completion certificate for refund of such taxes, charges, levies, cess, assessments and impositionsthe Project.
8.2 The right 7.3 Failure of the Allottee Purchaser to take Possession of Apartment - Upon receiving the Notice of Possession from the Developer, as per para 7.2, the Purchaser shall remain restricted take possession of the Apartment from the Developer within the Possession Date by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Developer shall give possession of the Apartment to the respective Apartment and Purchaser. In case the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided Purchaser fails to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per take possession within the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.para 7.2 and/or even after the expiry of the
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. Dec, 2024, unless there is a delay or failure due to warway, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the (Apartment), Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ he/she shall not have any rightsright, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 7.2 Procedure for taking possession – The right Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightApartment, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within 3 (three) months from the milestones on which payment is duedate of issue of such notice and the promoter shall give possession of the Apartment to the Allottee. The dates provided are only tentative Promoter agrees and for undertakes to indemnify the purpose Allottee in case of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion failure of fulfillment of any of the Project including provisions, formalities, documentation on part of the provisions Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter/association of civic infrastructure like waterallottees, electricity, sanitation and all other above mentioned internal/external development works but as the case may be. The Promoter knows there will definitely be delays in on its behalf shall offer the timelines provided but the Promoter assures possession to the Allottee that in writing within 30 days of receiving the Project will be completed within occupancy certificate* of the ‘Completion date’ provided in Clause 8.1 aboveProject.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 The Schedule for possession of the said Apartmentone Flat and the said under roof one Car Parking Space : The Promoter Second Party / Developer herein agrees and understands that timely delivery of possession of the Apartment to the Allottee said one Flat and the Common Areas to the Association of the Allottees , said under roof one Car Parking Space is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registrationthis Agreement For Sale. The PromoterSecond Party / Developer herein, based on the approved plans and specifications, assures to hand over possession of the Apartment said one Flat and the said under roof one Car Parking Space expected as on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project/ / 202 . unless Unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or calmity caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project said project is delayed due to the "Force Majeure Majeure" conditions then the Allottee Third Party / Purchasers herein agrees that the Promoter Second Party / Developer herein shall be been entitled to the extension of time for delivery of possession of the Apartmentsaid one Flat and the said under roof one Car Parking Space, Provided provided that such "Force Majeure Majeure" conditions are not of a nature which make it impossible for the contract to be the implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Third Party / Purchasers herein agrees and confirms that, in the event it becomes impossible for the Promoter Second Party / Developer herein to implement the project said Project due to "Force Majeure Majeure" conditions, then this allotment shall stand terminated and the Promoter Second Party / Developer herein shall refund to the Allottee Third Party / Purchasers herein the entire amount received by the Promoter Second Party / Developer herein from the allotment within 45 days from that date.. After refund of the money paid by the AllotteeThird Party / Purchasers herein, the Allottee Third Party / Purchasers herein agrees that he/ she they (the Third Party / Purchasers herein) shall not have any rights, rights claims etc. against the Promoter Second Party / Developerr herein and that the Promoter Second Party / Developer herein shall be released and discharged from all its obligations obligaitons and liabilities under this AgreementAgreement For Sale. It Procedure for taking possession :- The Second Party / Developer herein, upon obtaining the occupancy or completion certificate from the competent authority shall offer in writing to take the possession of the said one Flat and the said under roof one Car Parking Space to the Third Party / Purchasers herein in terms of this Agreement For Sale to be taken within 03 (three) months from the date of issue of such notice and the Second Party / Developer herein shall give possession of the said one Flat and the said under roof one Car Parking Space, to the Third Party / Purchasers herein. The Second Party / Developer herein agrees and undertakes to indemnify the Third Party / Purchasers herein in case of failure of fulfilment of any of the provision, formalities, documentation on part of the Second Party / Developer herein. The Third Party / Purchasers herein agrees to pay the maintenance charges as shall be determind by the Second Party / Developer herein or Association of all purchaser(s) or owner(s) as the case may be. The Second Party / Developer herein on its behalf shall offer the possession to the Third Party / Purchasers herein in writing within 30 days of receiving the occupancy certificate or completion certificate from the KMC of the said Project. Failure of the Third Party / Purchasers herein to take possession of the said one Flat and the said under roof one Car Parking Space Upon receiving a written intimation from the Second Party / Developer herein as per clause 7.2, the Third Party / Purchasers herein shall take possession of the said one Flat and the said under roof one Car Parking Space from the Second Party / Developer herein by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement For Sale and the Second Party / Developer herein shall give possession of the said one Flat and the said under roof one Car Parking Space to the Third Party / Purchasers herein. In case the Third Party / Purchasers herein fails to take possession within the time provided in clause 7.2, such the Third Party / Purchasers herein shall continue to be liable to pay maintenance charges as applicable. Possession by the Third Party / Purchasers herein After obtaining the occupancy certificate or completion certificate from the KMC and handing over physical possession of the said one Flat and the said under roof one Car Parking Space to the Third Party / Purchasers herein, it shall be the responsibility of the Second Party / Developer herein to hand over the necessary documents and plans, including common areas, to the association of the all purchaser(s) or all owner(s) or the competent authority, as the case may be as per the local laws. Cancellation by the Third Party / Purchasers herein The Third Party / Purchasers herein shall have the right to cancel / withdraw their (the Third Party / Purchasers herein) allotment in the said project as provided in the Act. Provided that where the Third Party / Purchasers herein proposes to cancel or withdraw from the said Project without any fault of the Second Party / Developer herein, the Second Party / Developer herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment. The balance amount of money paid by the Third Party / Purchasers herein shall not be returned by the Promoter Second Party / Developer herein to the Third Party / Purchasers herein within 45 days of such cancellation. Compensation :- The Second Party / Developer herein shall compensate to the Third Party / Purchasers herein in case of any loss caused to them (the Third Party / Purchasers herein) due to defective title of the said Bastu Land, on which the said Project is being developed or has been development in the manner as provided under the Act. and the Allottee claim for compensation under this section shall not be barred by limitation provided under any law for the time being in force. Except for occarance of a "Force Majeure" event, if the Second Party / Developer herein fails to complete or is unable to give possession of the said one Flat and the said under roof one Car Parking Space (i) in accordance with the terms of this Agreement For Sale, duly completed by the date specified herein, or (ii) due to discontinuance of its business as a Developer on account of suspension of revocation of the registration under the Act. or for any other reason, the Second Party / Developer herein shall be free liable to approach the authorities concerned for refund of such taxescompensate, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted on demand to the respective Apartment and Third Party / Purchasers herein, in case the properties appurtenant thereto and Third Party / Purchasers herein wish to withdraw from the Allottee shall have no rightsaid Project, title or interest nor shall claim without prejudice to any rightother remedy available, title or interest of any kind whatsoever over and to return the total amount received by the Second Party / Developer herein in respect of any other Apartment or space and/or any other portions the said one Flat and the said under roof one Car Parking Space, with interest at the rate specfied in the rules within 45 days including compensation in the manner as provided under the Act. Provided that where, the Third Party / Purchasers herein does not intend to withdraw from the said Project, the Second Party / Developer herein shall pay the Third Party / Purchasers herein interest at the rate specified in the rules for every month of delay, till the handing over of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion possession of the Project including said one Flat and the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovesaid under roof one Car Parking Space.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Said Apartment - The Promoter Owners/Promoters agrees and understands that timely delivery of possession of the Said Apartment to the Allottee Allottees and the Common Areas of the Real Estate Project to the Association association of the Allottees , (upon its formation and registration) is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, Owners/Promoters assures to hand over possession of the Said Apartment along with ready and complete Common Areas of the Real Estate Project (as specified in Schedule E below) with all specifications (as provided in Schedule D below) in place on …………,30-12-2024 (DECEMBER’2024) for Block/Building No. A and B with a grace period of twelve 12 months (“Completion date) in case the Promoter fails to complete the Project. Date”), unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake. Pandemic or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project Real Estate Project (“"Force Majeure”"). If, however, the completion of the Real Estate Project is delayed due to the Force Majeure conditions then the Allottee Allottees agrees that the Promoter Owners/Promoters shall be entitled to the extension of time for delivery of possession of the Apartment, Apartment Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Allottees agrees and confirms that, in the event it becomes impossible for the Promoter Owners/Promoters to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owners/Promoters shall refund to the Allottee Allottees the entire amount received by the Promoter Owners/Promoters from the allotment within 45 days from that date.. The Owners/Promoters shall intimate the Allottees about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeAllottees, the Allottee Allottees agrees that he/ she shall not have any rights, claims etc. against the Promoter Owners/Promoters and that the Promoter Owners/Promoters shall be released and discharged from all its obligations and liabilities under this Agreement.
7.2 The Possession Date has been accepted by the Allottees. However, if the Said Apartment is made ready prior to the Completion Date, the Allottees undertakes(s) and covenant (s) not to make or raise any objection to the consequent pre-ponement of his/her/their/its payment obligations, having clearly agreed and understood that the payment obligations of the Allottees are linked inter alia to the progress of construction, and the same is not a time linked plan. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter Owners/Promoters and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.For Fortune Park Housing Projects Pvt. Ltd
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas common areas to the Association of the Allottees , is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. June 30, 2023, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The Promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allotee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allotee(s) the entire amount received by the Promoter from the Allotment within 45 days from that date. The Promoter shall intimate the Allotee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allotee, the Allotee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. Procedure for taking possession - The Promoter, upon obtaining the completion certificate from the competent authority shall offer in writing the possession of the Apartment, to the Allottee in terms of this Agreement to be taken within two months from the date of issue of completion certificate SUBJECT TOthe terms of the agreement and the Allotee making payment of the total price and all other amounts and deposits payable by the Allotee to the promoter hereunder and fulfilling all his covenants / obligations herein Provided that, in the absence of the local law, the conveyance deed in favor of the Allotee shall be carried out by the Promoter within three months from the date of issue of completion certificate subject to the Allotee making payment on the account of stamp duty, registration fees, etc., PROVIDED FURTHER THAT the promoter shall be not be liable to deliver possession of the Said Unit to the Allotee nor to execute or cost to be executed any sale deed or any other instrument(s) until such time the Allotee makes payment of all amounts agreed and required to be paid hereunder by the Allotee and the Allotee has fully performed all terms and conditions of this agreement and on the part of the Allotee to be observed and performed until then. The Promoter agrees and undertakes to indemnify the Allotee(s) in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allotee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Association of Allotees, as the case may be, after the issuance of completion certificate for the Project. The Promoter shall handover the copy of the completion certificate of the Said Unit, to the Allotee at the time of conveyance of the same.
7.2.1. It is clarified that the Promoter shall be deemed to have duly complied with all amounts collected its obligation in case the Promoter issues notice of completion to the Allotee on or before the date mentioned in Clause 7.1 above. and such other documentation as prescribed in this Agreement and the Promoter shall give possession of the Said Unit to the Allotee(s). In case the Allotee(s) fails to take possession within the time provided in Para 7.2, such Allotee shall continue to be liable to pay maintenance charges as specified under Para 7.2 and all taxes and outgoings relating to this Said Unit and for all damages to the Said Unit and/or other parts of the building and also the guarding/holding charges @ Rs. 10,000/- (Rupees ten thousand only) per month for the Said Unit, plus GST (if applicable) from the date as mentioned in the intimation for possession. Provided that, in the absence of any local law, the Promoter shall handover the necessary documents and plans, including common areas, to the Association (upon its registration) of Allotees within thirty days after formation and registration of the Association of Allotees. Provided that where the Allotee(s) proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the booking amount (i.e. 10% of the total price, with applicable taxes, charges, levies, cess, assessments ) paid for the allotment. The balance amount of money paid by the Allotee(s) (other than taxes paid by the Allotee and/or stamp duty and impositions and deposited with registration charges incurred by the appropriate authorities concerned Allotee) shall not be returned by the Promoter to the Allotee(s) without interest, and without any loss to the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments Promoter and impositions.
8.2 The right only out of the Allottee shall remain restricted amounts received by the Promoter against Sale of the Said Unit to any other interested persons and upon the respective Apartment Allotee at his own costs and expenses, execute all necessary cancellation related documents required by the properties appurtenant thereto and Promoter. Upon the Allottee intimation of termination of this agreement the Allotee shall have no right, title or interest nor shall claim any right, title or interest of any kind nature whatsoever over on the Promoter and in respect of any other Apartment or space the Said Unit and the Promoter shall be entitled to deal with and/or any other portions dispose of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays Said Unit in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovemanner it deems fit and proper.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT:
8.1 7.1 Schedule for possession of the said [Apartment: /Plot] - The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment/Plot] to the Allottee allottee and the Common Areas common areas to the Association association of allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,[Apartment/Plot] along with a grace period of twelve months (Completion date) in case the Promoter fails to ready and complete the Project. unless there is a delay or failure due to warcommon areas with all specifications, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification amenities and facilities of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to place on the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 7.2 Procedure for taking possession - The right Promoter, upon obtaining the occupancy certificate* / completion certificate from the competent authority shall offer in writing the possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right[Apartment/Plot], title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within two months from the milestones on which payment is duedate of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The dates provided are only tentative Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the purpose project. The promoter shall hand over the occupancy certificate of dealing with contractors and will also make efforts the apartment/plot, as the case may be, to complete various stages as per the allottee at the time schedule upto completion of conveyance of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovesame.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: The Owner/Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas common areas/ common parts and facilities to the Association association of Allottee or the Allottees , competent authority as the case may be is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Owner/Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specification , amenities and facilitates of the project in place on …………,with a grace period of twelve months 31- 03-2022 (Completion date) in case the Promoter fails to complete the Project. “COMPLETION DATE”), unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake earthquake, pandemic or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Owner/Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Owner/Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Owner/Promoter shall refund to the Allottee the entire amount received by the Owner/Promoter from the allotment within 45 days from that date.. The promoter shall intimate the Allottee about such termination at least 30 days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Owner/Promoter and that the Owner/Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or ComplexProject.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided (if any) are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows and acknowledges that there will definitely is likely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 aboveDate.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1. Schedule for possession of the said [Apartment: ] The Promoter agrees and understands that timely delivery of possession of the Apartment [Apartment] to the Allottee allottee and the Common Areas common areas to the Association association of allottee or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment [Apartment] along with ready and complete common areas with all specifications, amenities and facilities of the project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee AIIottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment], Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project proj.ect due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee AIlottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the AllotteeAIIottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released bereleased and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 7.2. Procedure for taking possession The right Promoter, upon obtaining the occupancy certificate from the competent authority shall offer in writing the possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right[Apartment], title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within two months from the milestones on which payment is duedate of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The dates provided are only tentative Promoter agrees and undertakes to indemnify the AIIottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the purpose project. The promoter shall hand over the occupancy certificate of dealing with contractors and will also make efforts the apartment/ plot, as the case may be, to complete various stages as per the allottee at the time schedule upto completion of conveyance of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovesame.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment]: The Promoter Developer agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The PromoterDeveloper, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,within months, from the date sanction of building plan, with a grace an additional period of twelve months (Completion date) in case the Promoter fails to complete the Project. months, unless there is a delay or failure due to war, flood, drought, fire, strike, agitations, bandhs, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter Developer shall be entitled to the extension of time for of delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Developer to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter Developer shall refund to the Allottee the entire amount received by the Promoter Developer from the allotment within 45 days from that date.date without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Developer and that the Promoter Developer shall be released and discharged from all its obligations and liabilities under this Agreement. It Allottee in writing within certificate of the Project. days of applying for the occupancy take possession of the Apartment from the Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Developer shall give possession of the Apartment to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the Developer, the Developer herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment. The balance amount of money paid by the allottee shall not be returned by the Promoter and Developer to the Allottee shall be free to approach the authorities concerned for refund allottee within 45 days of such taxes, charges, levies, cess, assessments cancellation without any interest and impositions.
8.2 The right after deduction of the Allottee shall remain restricted tax which was already paid to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or ComplexGovernment.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment – The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees Allottee or the competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete Common Areas with all specifications, amenities and facilities of the Project in place on …………,with a grace period of twelve months 30/02/2028 (Completion datePOSSESSION DATE) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, If however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment.
7.2 Procedure for taking possession – The Promoter, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate occupancy certificate (or such other certificate by whatever name called issued by the competent authority) from the competent authority shall offer in writing the possession of a building block the Apartment, to the Allottee in terms of this Agreement by sending the notice of such offer by speed post/e-mail calling upon the Allottee to take possession of the Apartment within 2 (two) months from the date of issue of the said Notice Of Possession (POSSESSION NOTICE). Provided that the conveyance deed of the Apartment in favour of the Allottee shall be executed and registered by the Promoter (subject, however, to the Allottee making all payments as mentioned in the 3rd Schedule hereto and taking possession of the Apartment in terms of the Notice Of Possession and making payment of the stamp duty, registration charges and legal charges & misc. expenses to the Promoter as per requisition of the Promoter) within three months from the date of issue of occupancy certificate (or a particular phase such other certificate by whatever name called issued by the competent authority) as provided by the relevant laws in West Bengal. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on the part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of Allottee, as the case may be irrespective after the issuance of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incompletecompletion certificate for the Project. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund hand over a copy of the occupancy certificate (or such other certificate by whatever name called issued by the competent authority) of the Project, as the case may be, to the Allottee at the entire amount received by the Promoter from the allotment within 45 days from that date.After refund time of conveyance of the money paid by Apartment in favour of the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment, : The Promoter agrees and understands that timely delivery of possession of the Apartment Apartment, to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment Apartment, /Plot] with all specifications, in place on …………,with a grace period of twelve six months (Completion date) in case . Similarly, the Promoter fails to complete the Project. Common areas will be handed over progressively on completion of each phase unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or calamity, order, rule, notification of the Government government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). The Common Areas of the entire Project shall be completed on the completion of the entire Project and not with respective phases, However such Common Areas of the Project will get connected with the completion of the phases of the Project. If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, and the same shall not include the period of extension given by the Authority for registration, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities /Amenities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment, : The Sub-Lessor/Promoter agrees and understands that timely delivery of possession of the Apartment Apartment, to the Allottee Sub-Lessee/Allottee/Purchaser and the Common Areas to the Association of the Allottees Sub-Lessee/Allottees/Purchaser, is the essence of the Agreement. Provided that the The Sub- Lessor/Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment /Unit] with all specifications, in place on …………,31/01/2028 with a grace period of twelve 12 months (Completion date) in case . Similarly, the Promoter fails to complete the Project. Common areas will be handed over progressively on completion of each phase unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or calamity, order, rule, notification of the Government government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). The Common Areas of the entire Project shall be completed on the completion of the entire Project and not with completion of the respective phases, However such Common Areas of the Project will get connected on the completion of all the phases of the Project. If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Sub-Lessee/Allottee agrees that the Sub-Lessor/Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, and the same shall not include the period of extension given by the Authority for registration, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Sub-Lessor/Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Certificate/Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities /Amenities may be incomplete. The Allottee Sub-Lessee/Allottee/Purchaser agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Sub-Lessee/Allottee/Purchaser the entire amount received by the Sub-Lessor/Promoter from the allotment within 45 days from that date.. The Sub- Lessor/Promoter shall intimate the Sub-Lessee/Allottee/Purchaser about such termination at least thirty days prior to such termination. After refund of the money paid by the Sub-Lessee/Allottee, the Allottee Sub-Lessee/Allottee/Purchaser agrees that he/ she shall not have any rights, claims etc. against the Sub-Lessor/Promoter and that the Sub-Lessor/Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Sub-Lessee/Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sub Lease Agreement
POSSESSION OF THE APARTMENT. PLOT:
8.1 7.1 Schedule for possession of the said Apartment: Apartment of Plot – The Promoter agrees and understands that timely delivery of possession of the Apartment Apartment/ Plot to the Allottee and the Common Areas common areas to the Association of Maintenance Society or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled assures to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving handover possession of the Apartment on the aforesaid date Apartment/ Plot along with ready and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and complete common areas with all specifications, assures to hand over possession amenities and facilities of the Apartment on …………,with a grace period of twelve months (Completion date) Project in case the Promoter fails to complete the Project. place on------------------------ , unless there is a delay or failure due to war, flood, drought, fire, cyclone, cyclone earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the ApartmentApartment/ Plot, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Allottee(s) agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s) the entire amount received by the Promoter from the allotment Allottee with interest within 45 forty-five days from that date.. The Promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agreed that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxesFor Multy Realtors Sd/-
7.2 Procedure for taking possession- The Promoter, chargesupon obtaining the occupancy certificate from the competent authority shall offer in writing the possession of the Apartment/ Plot, leviesto the Allottee(s) in terms of this Agreement to be taken within 2 (two) months from the date of issue of occupancy certificate. Provided that, cessin the absence of local law, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and conveyance deed in favor of the Allottee shall be free carried out by the Promoter within three months from the date of issue of occupancy certificate. The Promoter agrees and undertakes to approach indemnify the authorities concerned for refund Allottee(s) in case of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right failure of fulfillment of any of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightprovisions, title or interest nor shall claim any rightformalities, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions documentation on part of the Project or Complex.
8.3 Promoter. The Allottee(s), after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/ Maintenance Society, as the case may be, after the issuance of completion certificate for the Project. The Promoter has provided shall handover the occupancy certificate of the Apartment/ Plot, as the case may be, to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per at the time schedule upto completion of conveyance of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovesame.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment – The Promoter agrees Agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas common areas to the Association association of Allottee or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the Promoter shall be entitled Agreement subject to reasonable extension of time as agreed full payment and compliance by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registrationunder this Agreement including as mentioned in Clause 7.2. below. The Promoter, based on the approved plans and specifications, Promoter assures to hand over possession of the Apartment on …………,along with a grace ready and complete common areas with all specification, amenities and facilities of the project in place within the time period of twelve months (Completion date) in case the Promoter fails to complete the Project. mentioned unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by the nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions condition then the Allottee agrees that the Promoter shall be entitled to the extension of the time for delivery of possession of the Apartment, . Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditionscondition, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The Promoter shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees agree that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations obligation and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by .
7.2 The obligation of the Promoter and the Allottee under Clause 7.1. above shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided arise subject to the Allottee a time schedule for construction progress based on having made timely payment of the milestones on which payment is due. The dates provided are only tentative and for full amounts of the purpose of dealing with contractors and will also make efforts to complete various stages total price mentioned in Schedule “C” as per the time schedule upto completion payment plan mentioned therein as also the timely payment of all the Project including the provisions Additional Liabilities and Deposits as mentioned in Schedule “E” prior to scheduled date of civic infrastructure like water, electricity, sanitation delivery of possession and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures subject to the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovecomplying with all his obligations under this Agreement and/or otherwise under law and not committing any breach, default or violation.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: The Promoter – I agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas common areas/ common parts and facilities to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter – I shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter – I for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, Promoter,- I based on the approved plans and specifications, assures intends to hand over possession of the Apartment on …………,with a grace period of twelve months (within the Completion date) in case the Promoter fails to complete the Project. Date, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter – I shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Promoter – I will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Completion/ Occupancy Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter – I to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Promoters shall refund to the Allottee the entire amount received by the Promoter Promoters from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter Promoters and that the Promoter Promoters shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter Promoters and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant appurtenants thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided (if any) are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows - I and acknowledges that there will definitely is likely be delays in the timelines provided but the Promoter - I assures the Allottee that the Project will be completed within the ‘Completion date’ Date.
8.4 Procedure for taking possession:
(i) Possession for Fit-Out: In case the Allottee seeks permission for carrying out Fit-Out within his Apartment, he will be permitted to do so only upon receiving the Completion/ Occupancy Certificate and upon payment of the Total Price, other charges/amounts and deposits as provided herein and also the requisite Stamp Duty and registration and other charges payable on registration which shall be kept deposited by the Promoter – I in Clause 8.1 abovea designated Account till registration. During this time the Allottee will not be entitled to use the Apartment till Completion/ Occupancy Certificate is received and Deed of Conveyance is executed.
(ii) The Promoters, upon obtaining the full or partial Completion/ Occupancy Certificate from the competent authority shall offer in writing the possession of the Apartment to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate subject to payment of all amounts due and payable under this Agreement and registration of conveyance deed. However, upon the Promoters giving a written notice, the Promoter shall give and the Allottee shall take possession of the Apartment within the time stipulated in the written notice. The Promoters agree and undertake to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoters. The Allottee agrees to pay the maintenance charges as determined by the Promoter - I/ Association of Allottees, as the case may be, after the date of issuance of Completion/ Occupancy Certificate / notice of possession. The Promoter – I shall upon request hand over the photocopy of the Completion/ Occupancy Certificate of the Project to the Allottee at the time of conveyance of the same.
(iii) At the time of execution/registration of conveyance of any part of portion of the Complex to the Association, the Allottee shall pay to the Promoter - I, the Allottees' share of stamp duty and registration charges payable by the Association on such conveyance or any document or instrument of transfer.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession Possession of the said Apartment: The This Agreement for Sale is without possession. Subject to the Allottee / Purchaser meeting all his obligations under this Agreement and force majeure, the Owner / Promoter agrees and understands that timely delivery of assures to hand over complete habitable peaceful vacant possession of the Apartment Unit /Apartment along with ready and complete common areas to the Allottee and the Common Areas association of Allottees / Purchasers subject to the Association same being formed and registered, with all specifications, amenities and facilities of the Allottees project within 31st December, is 2025 with a maximum extension period of 06 (six) months only owing to Force Majeure as defined in Black Law‟s dictionary. The stipulated time above shall be the essence of the AgreementAgreement unless delay is caused by Force Majeure as defined in Black Law‟s dictionary. Provided that the Promoter shall be entitled to reasonable extension of time as agreed Although it is well understood by and between the Allottee and parties to the Promoter present Agreement that in case of any restriction being imposed either by the State or Union Government owing to Covid-19 pandemic for giving a specific period of time, then such time period shall be excluded from the aforesaid period of handing over of possession. Procedure for taking possession - The Promoter, upon obtaining the completion certificate from the competent authority shall offer in writing the possession of the Apartment on Unit / Apartment, to the aforesaid Allottee / Purchaser in terms of this Agreement to be taken within 30 (thirty) days from the date of issue of completion certificate subject to payment of all amounts due and payable under this Agreement and Registration of Deed of Sale. The Allottee / Purchaser, after taking possession, agree(s) to pay the same shall not include the period of extension given maintenance charges as determined by the Authority for registration. The PromoterOwner /Promoter/association of allottees, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective from the date of the fact that construction issuance of other Blocks and/or other phases and/or provision of facilities may be incompletethe completion certificate for the project. The Allottee agrees and confirms that, in Promoter shall hand over the event it becomes impossible for the Promoter to implement photocopy of completion certificate of the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee / Purchaser at the entire amount received by time of registration of sale deed of the Promoter same. Failure of Allottee / Purchaser to take Possession of Apartment – Upon receiving a written intimation from the allotment within 45 days from that date.After refund of the money paid by the AllotteeOwner / Promoter as per clause 6.2, the Allottee agrees that he/ she / Purchaser shall not have any rightstake possession of the Unit / Apartment from the Owner / Promoter by executing Registered Deed of Sale and such other documentation, claims etc. against if any, as prescribed in this Agreement, and the Promoter and that the Owner / Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right give possession of the Allottee shall remain restricted to the respective Unit / Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a / Purchaser. In case the Allottee / Purchaser fails to take possession within the time schedule for construction progress based provided in clause 6.2 such Allottee / Purchaser shall be liable to pay interest @ 10% on amount due and payable in terms of this agreement, maintenance charges as specified in clause 6.2, such Allottee shall continue to be liable to pay maintenance charges as applicable. Possession by the milestones on which payment is due. The dates provided are only tentative Allottee / Purchaser - After obtaining the completion certificate and for handing over physical possession of the purpose Unit / Apartment to the Allottee / Purchaser, it shall be the responsibility of dealing with contractors the Owner / Promoter to hand over the necessary documents and will also make efforts plans, including common areas, to complete various stages the association of Allottee or the Competent Authority, as the case may be as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.local laws;
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1. Schedule for possession of the said Apartment:
(a) The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee Allottee/s and the Common Areas and Facilities of the Project Sunshine Two to the Association of (as soon as the Allottees , Association is formed) is the essence of the Agreement. Provided that The conditions of the possession in different circumstances are narrated herein below
(b) Subject to Force Majeure Events, timely payment by the Allottee/s in accordance with the terms of this Agreement and the absence of any default by the Allottee/s, the Promoter shall be entitled assures to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession complete construction of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case Apartment, within June, 2026 from the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification date of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion registration of the Project is delayed due Sunshine Two under the Act, subject to extension allowed under the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled Act, Rules or Regulations time to the extension of time for delivery of possession of the Apartment, Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. time(“Possession Period”).
(c) The Allottee Allottee/s agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project Project Sunshine Two due to Force Majeure conditionsEvents, then this allotment shall stand terminated as may be applicable and the Promoter shall refund to the Allottee Allottee/s, the entire amount received by the Promoter from the allotment Allottees within 45 days from that date.a mutually agreeable time. The Promoter shall intimate the Allottee/s about the date of such termination. After refund of the money paid by the Allottee/s, the Allottee agrees Allottee/s agree/s that he/ she shall not have any further rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with .
(d) On happening of a Force Majeure Event or in the appropriate authorities concerned shall not be returned event of any delay in payment by the Promoter and Allottee or default by the Allottee Allottee, the Allottee/s shall be free deemed to approach have granted reasonable extension to the authorities concerned Promoter for refund completion of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right construction and/or handover of possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complexsuch extended period.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee allottee and the Common Areas common areas to the Association association of allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment along with ready and complete common areas with all specifications, amenities and facilities of the project in place on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. ……, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature nature, which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. The promoter shall intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned out by the promoter within 3 months from the date of issue of Completion certificate]. The Promoter agrees and undertakes to indemnify the Allottee shall be free to approach the authorities concerned for refund in case of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right failure of fulfilment of any of the Allottee provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall remain restricted hand over the occupancy certificate of the apartment/plot, as the case may be, to the respective Apartment and allottee at the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest time of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions conveyance of the Project or Complexsame.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment – The Promoter Owner/Vendor agrees and understands that timely delivery of possession of the Apartment [Apartment] to the Allottee Allottee/ Purchaser and the Common Areas common areas to the Association of Allottees or the Allottees competent authority, as the case may be, is the essence of the Agreement. Provided that the Promoter shall be entitled The Owner/Vendor assures to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving handover possession of the Apartment on the aforesaid date [Apartment] along with ready and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and complete common areas with all specifications, assures to hand over possession amenities and facilities of the Apartment on …………,with a grace period of twelve months (Completion date) Project in case the Promoter fails to complete the Project. place within 30th June 2021 unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting effecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee Allottee/ Purchaser agrees that the Promoter Owner/Vendor shall be entitled to the lawful/ reasonable extension of time for delivery of possession of the [Apartment, ]. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining However the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee Allottee(s)/Purchaser agrees and confirms that, in the event it becomes impossible for the Promoter Owner/Vendor to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owner/Vendor shall refund to the Allottee Allottee(s)/Purchaser the entire amount received by the Promoter Owner/Vendor from the allotment Allotment within 45 days from that date.. The Owner/Vendor shall intimate the Allottee/ Purchaser about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee/Purchaser, the Allottee agrees Allottee/Purchaser agreed that he/ she shall not have any rights, claims etc. against the Promoter Owner/Vendor and that the Promoter Owner/Vendor shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said [Apartment]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,within , with a grace an additional period of twelve months 6 (Completion dateSix) in case the Promoter fails to complete the Project. months, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for of delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditionsConditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.date without any interest and after deduction of Tax which was already paid to the government. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ he/she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter / association of Allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within occupancy certificate* of the Project. days of receiving the Provided that where the allottee proposes to cancel / withdraw from the project without any fault of the promoter, the promoter herein is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with entitled to forfeit the appropriate authorities concerned booking amount paid for the allotment. The balance amount of money paid by the allottee shall not be returned by the Promoter and promoter to the Allottee shall be free to approach the authorities concerned for refund allottee within 45 days of such taxes, charges, levies, cess, assessments cancellation without any interest and impositions.
8.2 The right after deduction of the Allottee shall remain restricted tax which was already paid to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or ComplexGovernment.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas common areas/ common parts and facilities to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures intends to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. 31-12-2024, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Completion/ Occupancy Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant appurtenants thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided (if any) are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows and acknowledges that there will definitely is likely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ Date.
8.4 Procedure for taking possession:
(i) Possession for Fit-Out: In case the Allottee seeks permission for carrying out Fit-Out within his Apartment, he will be permitted to do so only upon receiving the Completion/ Occupancy Certificate and upon payment of the Total Price, other charges/amounts and deposits as provided herein and also the requisite Stamp Duty and registration and other charges payable on registration which shall be kept deposited by the Promoter in Clause 8.1 abovea designated Account till registration. During this time the Allottee will not be entitled to use the Apartment till Completion/ Occupancy Certificate is received and Deed of Conveyance is executed.
(ii) The Promoter, upon obtaining the full or partial Completion/ Occupancy Certificate from the competent authority shall offer in writing the possession of the Apartment to the Allottee in terms of this Agreement to be taken within 2 (two) months from the date of issue of such certificate subject to payment of all amounts due and payable under this Agreement and registration of conveyance deed. However, upon the Promoter giving a written notice, the Promoter shall give and the Allottee shall take possession of the Apartment within the time stipulated in the written notice. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agrees to pay the maintenance charges as determined by the Promoter/ Association of Allottees, as the case may be, after the date of issuance of Completion/ Occupancy Certificate / notice of possession. The Promoter shall upon request hand over the photocopy of the Completion/ Occupancy Certificate of the Project to the Allottee at the time of conveyance of the same.
(iii) At the time of execution/registration of conveyance of any part of portion of the Complex to the Association, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable by the Association on such conveyance or any document or instrument of transfer.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 7.1 Schedule for possession of the said Apartment: Apartment - The Promoter Owner agrees and understands that timely delivery of possession of the said Apartment to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, Owner assures to hand over possession of the Apartment on …………,along with a grace period right to use the Common Areas with all specifications, amenities and facilities of twelve months the Project in place within 31st December 2022, (Completion date―Committed Possession Date‖) in case the Promoter fails to complete the Project. unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature or any other reason beyond the reasonable control of the Owner affecting the regular development of the real estate project (“Force Majeure”―Force Majeure‖). If, If however, the completion of the Project is delayed due to the Force Majeure conditions conditions, then the Allottee agrees that the Promoter Owner shall be entitled to the extension of time for delivery of possession of the said Apartment, Provided provided that such Force Majeure conditions are not of a nature which make makes it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter Owner to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owner shall refund to the Allottee the entire amount received by the Promoter Owner from the allotment Allottee within 45 (forty-five) days from that date.. The Owner shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Owner and/or the Apartment and that the Promoter Owner shall be released and discharged from all its obligations and liabilities under this Agreement.
7.2 Procedure for taking possession and registration of Deed of Conveyance : The Owner, upon obtaining the completion certificate from the competent authority (―Project Completion Date‖), shall offer in writing the possession of the Apartment to the Allottee in terms of this Agreement to be taken within two months from the Project Completion Date after making full payment of the Total Price to the Owner together with other applicable payments as per terms of this Agreement and by executing necessary indemnities, undertakings and such other documents as may be required for taking possession of the said Apartment and the Owner shall give possession of the said Apartment to the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited Simultaneously with the appropriate authorities concerned offer for possession, as aforesaid, the Owner shall not be returned also call upon the Allottee to get the said Apartment registered in his name by registration of the Deed of Conveyance in respect thereof within 3 (three) months from the Project Completion Date. The Owner agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Owner. The Allottee, after taking actual possession or from the Deemed Possession Date, whichever is earlier, agree(s) to pay the maintenance charges and common expenses, particulars whereof are more particularly mentioned in the EIGHTH SCHEDULE hereunder written, and/or as determined by the Promoter and Owner / Association of allottees, as the case may be, after the issuance of the completion certificate for the Project. The Owner shall hand over copy of the completion certificate to the Allottee at the time of conveyance of the said Apartment. Similarly, in case the Allottee does not or is not able to or willfully delays in having its Deed of Conveyance in respect of the said Apartment registered within the prescribed time, then in such case, the Allottee shall be free to approach keep the authorities concerned for refund Owners indemnified saved and harmless of from and against all administrative proceeding, costs, charges and damages on any account whatsoever that the Owner might suffer because of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right failure of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or ComplexAllottee.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 Schedule for possession of the said Apartment: Apartment - The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees Allottee, is the essence of the Agreement. Provided that the The Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession Possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. within December 2026 unless there is a delay or failure due to war, flood, epidemic, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“Force Majeure”). If, If however, the completion of the said Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project said Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment Allotment within 45 (forty five) days from that date.. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxesAgreement Procedure for taking possession – The Promoter, charges, levies, cess, assessments and impositions and deposited with upon obtaining the appropriate authorities concerned occupancy certificate from the competent authority shall not be returned by offer in writing the Promoter and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right possession of the Allottee shall remain restricted to the respective Apartment and the properties appurtenant thereto and the Allottee shall have no rightApartment, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions of the Project or Complex.
8.3 The Promoter has provided to the Allottee a time schedule for construction progress based on in terms of this Agreement to be taken within 3 (three months from the milestones on which payment is duedate of issue of such notice and the Promoter shall give possession of the Apartment to the Allottee. The dates provided are only tentative Promoter agrees and for undertakes to indemnify the purpose Allottee in case of dealing with contractors and will also make efforts failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to complete various stages pay the maintenance charges as per determined by the Promoter/association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within 45 days of receiving the occupancy certificate of the Project.(The “POSSESSION DATE”). the Allottee. In case the Allottee fails to take possession within the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays provided in para 7.2 in the timelines provided but Possession Notice such Allottee shall continue to be liable to pay maintenance charges as specified in para 7.2 from such date as notified in the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 abovePossession Notice.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE APARTMENT. PLOT
8.1 PLOT Schedule for possession of the said [Apartment/Plot]: The Promoter agrees and understands that timely delivery of possession of the Apartment to the Allottee and the Common Areas to the Association of the Allottees , [Apartment/Plot] is the essence of the Agreement. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Apartment on the aforesaid date and the same shall not include the period of extension given by the Authority for registration. The Promoter, based on the approved plans and specifications, assures to hand over possession of the Apartment on …………,with a grace period of twelve months (Completion date) in case the Promoter fails to complete the Project. [Apartment/Plot] on, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity or order, rule, notification of the Government and/or other public or competent authority/court and/or caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the [Apartment/Plot], Provided provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. Promoter will be entitled to give block-wise and phase-wise possession upon obtaining the Completion Certificate/ Partial Completion Certificate of a building block or a particular phase as the case may be irrespective of the fact that construction of other Blocks and/or other phases and/or provision of facilities may be incomplete. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 45 days from that date.. After refund of the money paid by the Allottee, the Allottee Xxxxxxxx agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by Failure of Allottee to take Possession of [Apartment/Plot]: Upon receiving a written intimation from the Promoter and as per clause 7.2, the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.
8.2 The right take possession of the [Apartment/Plot] from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the [Apartment/Plot] to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.2, such Allottee shall remain restricted continue to be liable to pay maintenance charges as applicable. Possession by the Allottee – After obtaining the occupancy certificate* and handing over physical possession of the [Apartment/Plot] to the respective Apartment and Allottees, it shall be the properties appurtenant thereto and the Allottee shall have no right, title or interest nor shall claim any right, title or interest of any kind whatsoever over and in respect of any other Apartment or space and/or any other portions responsibility of the Project or Complex.
8.3 The Promoter has provided to hand over the necessary documents and plans, including common areas, to the Allottee a time schedule for construction progress based on the milestones on which payment is due. The dates provided are only tentative and for the purpose association of dealing with contractors and will also make efforts to complete various stages as per the time schedule upto completion of the Project including the provisions of civic infrastructure like water, electricity, sanitation and all other above mentioned internal/external development works but the Promoter knows there will definitely be delays in the timelines provided but the Promoter assures the Allottee that the Project will be completed within the ‘Completion date’ provided in Clause 8.1 above.the
Appears in 1 contract
Samples: Agreement for Sale