POSSESSION OF THE SAID APARTMENT AND PROPERTIES APPURTENANT THERETO. 7.1 Schedule for possession of the Said Apartment And Properties Appurtenant Thereto: The Promoter agrees and understands that timely delivery of the possession of the Said Apartment And Properties Appurtenant Thereto to the Allottee(s) along with ready and complete the Common Areas of the Project is the essence of the Agreement. The Promoter assures to hand over possession of the Said Apartment And Properties Appurtenant Thereto along with ready and complete Common Areas, if any, of the Project on 31st December, 2025, 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(s) agrees that the Promoter shall be entitled to extension of time for the delivery of possession of the Said Apartment And Properties Appurtenant Thereto. Provided, that such 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, 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(s) the entire amount received by the Promoter from allotment within 45 (forty-five) days from that date. The Promoter shall intimate the Allottee(s) about such termination at least thirty (30) days prior to such termination. After refund of the money paid by the Allottee(s), the Allottee(s) agrees that he/she/they/it 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(s) shall be free to approach the authorities concerned for refund of such GST.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE SAID APARTMENT AND PROPERTIES APPURTENANT THERETO. 7.1 Schedule for possession of the Said Apartment And and Properties Appurtenant Thereto: The Promoter agrees and understands that timely delivery of the possession of the Said Apartment And and Properties Appurtenant Thereto to the Allottee(s) Allottee/s along with ready and complete the Common Areas of the Project is the essence of the Agreement. The Promoter assures to hand over possession of the Said Apartment And Properties Appurtenant Thereto along with ready and complete Common Areas, Areas ,if any, any ,of the Project on 31st December, 2025, unless 2026.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 to the Project (“Force Majeure”). If, Project(“Force Majeure”).If however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee(s) Allottee/s agrees that the Promoter shall be entitled been titled to extension of time for the delivery of possession of the Said Apartment And and Properties Appurtenant Thereto. Provided, that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee(s) Allottee/s 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(s) Allottee/s the entire amount received by the Promoter from allotment within 45 (forty45(forty-five) days five)days from that date. The Promoter shall intimate the Allottee(s) Allottee/s about such termination at least thirty (30) days prior to such termination. After refund of the money paid by the Allottee(s)Allottee/s, the Allottee(s) Allottee/s agrees that he/she/they/it 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(s) shall be free to approach the authorities concerned for refund of such GST.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE SAID APARTMENT AND PROPERTIES APPURTENANT THERETO. 7.1 Schedule for possession of the Said Apartment And and Properties Appurtenant Thereto: The Promoter agrees and understands that timely delivery of the possession of the Said Apartment And and Properties Appurtenant Thereto to the Allottee(s) Allottee along with ready and complete the Common Areas of the Project is the essence of the Agreement. The Promoter assures to hand over possession of the Said Apartment And Properties Appurtenant Thereto along with ready and complete Common Areas, if any, of the Project on 31st December, 202520 , 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(s) Allottee agrees that the Promoter shall be entitled to extension of time for the delivery of possession of the Said Apartment And Properties Appurtenant Thereto. Provided.
7.2 Procedure for taking possession: The Promoter, that upon obtaining the Occupancy Certificate or Completion Certificate or such Force Majeure conditions are not of a nature which make it impossible other certificate by whatever name called issued by the competent authority under the Act for the contract Project (“Outgoings Payment Commencement Date”) and subject to the Allottee not being in breach of any of his/her/their/its obligations under this Agreement, shall offer in writing the possession of the Said Apartment And Properties Appurtenant Thereto, to the Allottee in terms of this Agreement to be implemented. The Allottee(staken within 3 (three) agrees and confirms that, in months from 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(s) the entire amount received by the Promoter from allotment within 45 (forty-five) days from that datedate of issue of such certificate Notice. The Promoter shall intimate agrees and undertakes to indemnify the Allottee(s) about such termination at least thirty (30) days prior to such termination. After refund Allottee in case of failure of fulfillment of any of the money paid provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Allottee(s), the Allottee(s) agrees that he/she/they/it 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(s) shall be free to approach the authorities concerned for refund of such GSTPromoter.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE SAID APARTMENT AND PROPERTIES APPURTENANT THERETO. 7.1 Schedule for possession of the Said said Apartment And Properties Appurtenant Theretoand properties appurtenant thereto: The Promoter Promoters agrees and understands that timely delivery of the possession of the Said said Apartment And Properties Appurtenant Thereto and properties appurtenant thereto to the Allottee(s) Allottee along with ready and complete the Common Areas and Facilities of the Project is the essence of the Agreement. The Promoter assures Promoters assure to hand over possession of the Said said Apartment And Properties Appurtenant Thereto and properties appurtenant thereto along with ready and complete Common AreasAreas and Facilities, if any, of the Project on 31st Decemberor before 31-12-2027, 2025, with a further grace period of 12 (twelve) months 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(s) Allottee agrees that the Promoter Promoters shall be entitled to extension of time for the delivery of possession of the Said said Apartment And Properties Appurtenant Thereto. and properties appurtenant thereto Provided, that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee(s) Allottee agrees and confirms that, in the event it become impossible for the Promoter Promoters to implement the Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Promoters shall refund to the Allottee(s) Allottee the entire amount received by the Promoter Promoters from allotment within 45 (forty-five) days from that date. The Promoter Promoters shall intimate the Allottee(s) Allottee about such termination at least thirty (30) days prior to such termination. After refund of the money paid by the Allottee(s)Allottee, the Allottee(s) Allottee agrees that he/she/they/it shall not have rights, claims etc. against the Promoter Promoters and that the Promoter Promoters shall be released and discharged from all its liabilities under this Agreement. It is clarified that all amounts collected as GST 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(s) Allottee shall be free to approach the authorities concerned for refund of such GSTtaxes, charges, levies, cess, assessments and impositions.
Appears in 1 contract
Samples: Sale Agreement