POSSESSION OF THE PLOT. 7.1 Schedule for possession of the Plot: The Promoter agrees and understands that timely delivery of the possession of the Plot to the Allottee and the Common Areas of the Project to the Notified Agency and the Shared Common Facilities/Township Level Common Facilities consisting of basic infrastructure facilities of the Township like driveways, Roads, Street lighting, Power Supply and Distribution System and other facilities as described in the DPR to the agency(ies) notified by the Lessor, i.e. the Notified Agency is the essence of the Agreement. The Promoter assures to hand over possession of the Plot along with ready and complete Common Areas, if any, of the Project on *•+, unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting regular development of the 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 extension of time for the delivery of possession of the Plot. Provided, that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it become 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 allotment within 45 (forty-five) days from that date. The Promoter shall intimate the Allottee about such termination at least thirty (30) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/she shall not have rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its liabilities under this Agreement. It is clarified that all amounts collected as GST 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 GST.
POSSESSION OF THE PLOT. (7.1.) Schedule for possession of the said Plot: The Promoter agrees and understands that timely delivery of possession of the plot to the Allottee is the essence of the Agreement. The Promoter assures to hand over possession of the plot on the day of registration of sale deed to the allottee unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused due to natural calamities or due to Force Majeure conditions.
(7.2.) If, 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, which made it impossible for the contract to be implemented as per schedule.
(7.3.) The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to execute 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 him for the allotment within 45 days from that date.
(7.4.) 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
POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot The Promoter agrees and understands that timely delivery of possession of the Plot to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Plot along with ready and complete common areas with all specifications, amenities and facilities of the project in place on or before 01.09.2019, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity 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, provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. 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.
POSSESSION OF THE PLOT. 6.1 Schedule for possession of the said Plot –
POSSESSION OF THE PLOT. 6.1 Schedule for possession of the said Plot - The Seller agrees and understands that timely delivery of possession of the Plot to the Purchaser amenities and facility unless there is delay or failure due to unavailability of construction material, labor, war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature or legal complication 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 Purchaser agrees that the Seller shall be entitled to the extension of time for delivery of possession of the Plot, provided that such Force Majeure conditions are not of a nature, which make it impossible for the contract to be implemented. The Purchaser agrees and confirms that, in the event it becomes impossible for the Seller to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Seller shall refund to the Purchaser the entire amount received by the Seller from the allotment within 45 days from that date. The Seller shall intimate the Purchaser about such termination at least thirty days prior to such termination. After refund of the money paid by the Purchaser, the Purchaser agrees that he/ she shall not have any rights, claims etc. against the Seller and that the Seller shall be released and discharged from all its obligations and liabilities under this Agreement.
POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - The Promoter agrees and understands that timely delivery of possession of the Plot to the Allottee(s), is the essence of the Agreement, subject to the Allottee complying with its obligations. The Promoter assures to hand over possession of the Plot as per agreed terms and conditions unless there is delay due to “force majeure”, Court orders, Government policy/ guidelines, decisions affecting the regular development of the Project. If, the completion of the Project is delayed due to the above conditions, then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Plot. For the purpose of this Agreement, ‘force majeure’ circumstances shall include, without limitation, the following:
(a) fires, explosions, earthquakes, droughts, famines, cyclones, hurricanes, storms, tempests, floods or any natural disasters or acts of god;
(b) wars, acts of public enemy, acts of terrorism, sabotage, revolutions, rebellions, invasions, riots, civil commotions or civil unrests;
(c) boycotts, sanctions, or embargoes;
(d) contamination by toxic or dangerous chemicals or radioactive contamination;
(e) change in any applicable laws; and
(f) diseases or other health epidemic. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the Project due to above mentioned “force majeure” conditions, then this Agreement shall stand terminated and the Promoter shall refund to the Allottee, the entire amount received by the Promoter from the Allottee within 90 (ninety) days. 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 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.
POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot - The Promoter states that the Project is completed in all aspect and they have received the release letter from the Competent Authority. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to continue with 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 except such statutory dues that have already been deposited by the Promoter with the exchequer as per applicable laws, from the allotment within sixty (60) 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 – As the Promoter has obtained the release letter from the competent authority the Plots are readily available for the Possession. However, the Promoter shall make an offer in writing the possession of the Plot, as per Clause 10 below, to the Allottee in terms of this Agreement. The Allottee, simultaneously to taking the possession, agree(s) to pay the maintenance charges as determined by the Promoter.
POSSESSION OF THE PLOT. 7.1 Schedule for possession of the said Plot – The Promoter agrees and understands that timely delivery of possession of the Plot to the allottee and the common areas to the association of allottees or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Plot on
POSSESSION OF THE PLOT. (i) The Developer agrees and understands that timely offer of possession of the residential plot to the Allottee and timely and complete payment by the Allottee as per Payment Plan, is the essence of the Agreement.
(ii) Subject to Force Majeure and fulfillment by the Allottee of all the terms and conditions of this Agreement including but not limited to timely and complete payment by the Allottee of the Total Price payable in accordance with the Payment Plan, payment of stamp duty, registration and incidental charges and other charges in connection thereto due and payable by the Allottee and also subject to the Allottee having complied with all formalities or documentation as prescribed by the Developer, the Developer shall offer the possession of the residential plot to the Allottee on or before the date of validity of RERA Registration Certificate i.e. or any extension thereof.
(iii) In the event the Developer fails to offer possession of the residential plot to the Allottee in accordance with Clause 6(ii), the Allottee may either:
a) Seek termination of this Agreement and the Developer shall on demand refund to the Allottee, the actual amounts paid by the Allottee towards the purchase of the residential plot, along with interest as prescribed under RERA (excluding any interest paid/payable by the Allottee on any delayed payment and paid up Taxes and Cesses), within 45 days of receiving the termination notice, subject to Allottee(s) performing all the obligations as set out in this Agreement. No other claim, whatsoever, shall lie against the Developer or be raised otherwise or in any other manner by the Allottee; OR
b) continue with the Project and then the Developer shall pay interest on the actual amounts paid by the Allottee towards the purchase of the residential plot (excluding any interest paid/payable by the Allottee on any delayed payment and paid up Taxes and Cesses) to the Allottee at the rate as prescribed under RERA, for every month of delay till the date of offer of possession of the residential plot to the Allottee. The interest shall be paid by the Developer within 90 days of it becoming due, subject to Allottee performing all the obligations as set out in this Agreement. The Developer and the Allottee have agreed that the payment of interest is just and equitable estimate of the damages that the Allottee may suffer and the Allottee agrees that it shall not have any other claims/rights, etc. of whatsoever nature. Unless the Allottee(s) has...
POSSESSION OF THE PLOT. 7.1 Schedule for possession of the Unit - The Promoter agrees and understands that timely delivery of possession of the plot to the Allottee(s) and the Common Areas and Facilities of the Project to the Residents' Association, is the essence of the Agreement. Similarly, the Allottee(s) understands that the timely payment of Total Payable Amount of the Unit and other amounts in accordance with this Agreement is the essence of this Agreement. Therefore, subject to timely payment of Total Payable Amount and other amounts by the Allottee(s) as per this Agreement, the Promoter assures to handover possession of the Plot on or before, However, the complete Project along with the Common Areas and Facilities of Project with all specifications, amenities and facilities shall be developed and handed over to the Residents' Association on or unless there is delay or failure due to Force Majeure. If, however, the completion of Building/Project is delayed due to the force majeure then the Allottee(s) agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Unit/Common
