POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Unit : The Promoter agrees and understands that timely delivery of possession of the Unit to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. The Promoter assures to hand over possession of the Unit with all specifications, in place on 31st March, 2028 with a grace period of six months (Completion date) . Similarly, the 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, 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”). 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 Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Unit 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.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
POSSESSION OF THE UNIT. 7.1 Schedule The Promoter herein shall complete the construction of the said unit in all respects on or before and obtain the occupancy certificate. The Promoter shall offer the possession to the Allottee/s in writing within 7 days of receiving the occupancy certificate of the project. The Allottee/s shall take possession of the unit within 15 days of the written notice from the Promoter to the Allottee/s intimating the said unit is ready for use and occupancy. On receipt of such notice the Allottee/s herein shall inspect the said unit in all respects and get satisfied according to the terms and conditions of this agreement. After Xxxxxxxx/s has/have satisfied himself/ herself/ themselves as aforesaid, at his/ her/their request the Promoter herein shall give the possession of the said Unit : The unit to the Allottee/s on payment of all dues payable by the Allottee/s, and the Allottee/s herein has/have not committed any default in payment of consideration in installment on due date to the Promoter agrees and understands that timely delivery in pursuance of these presents. If the Promoter fails or neglects to give possession of the Unit said unit to the Allottee and Allottee/s on account of reasons beyond his control, by the Common Areas aforesaid date, then the Promoter shall be liable on demand to refund to the Association unit Allottee/s the amounts already received by him in respect of the Allottees , unit with interest at the same rate as mentioned in clause-10 hereinabove from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the essence Promoter herein shall be entitled to reasonable extension of time for completing the construction of the Agreement. The Promoter assures to hand over possession of said unit in all respects on the Unit with all specificationsaforesaid date, in place on 31st March, 2028 with a grace period of six months (Completion date) . Similarly, the 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, 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”). The Common Areas of the entire Project shall be completed on if the completion of the entire Project and not with completion construction of the respective phases, However such Common Areas of building in which the Project will get connected on the completion of all the phases of the Project. If, however, the completion of the Project unit is situated 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 Unit 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.on account of--
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Unit : - The Promoter agrees and understands that timely delivery of possession of the Unit 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. The Promoter assures to hand over possession of the Unit along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 31st Marchfrom date of registered agreement, 2028 with a grace period of six months (Completion date) . Similarly, the 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, order, rule, notification of the government and/or other public or competent authority/court and/or calamity 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 Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Unit and the same shall not include the period of extension given by the Authority for registrationUnit, 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 /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 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- The Promoter, upon obtaining the occupancy certificate from the competent authority shall offer in writing the possession of the Unit, 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 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 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 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 Association of allottees, as the case may be after the issuance of the completion certificate for the particular Unit & the project. The promoter shall be free hand over the completion certificate of the project development, as the case may be, to approach the authorities concerned for refund allottee at the time of such taxes, charges, levies, cess, assessments and impositionsconveyance of the same.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Unit : UNIT– The Promoter agrees and understands that timely delivery of possession of the Unit UNIT 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. The Promoter assures to hand over possession of the Unit UNITalong with ready and complete common areas with all specifications, amenities and facilities of the project in place on 31st March, 2028 with a grace period of six months (Completion date) . Similarly, the Common areas will be handed over progressively on completion of each phase onOR before31 December 2018 unless there is a delay or failure due to war, war flood, drought, fire, fire cyclone, earthquake or any other calamity, order, rule, notification of the government and/or other public or competent authority/court and/or calamity 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. .
7.2 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 Unit and the same shall not include the period of extension given by the Authority for registrationUNIT, 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 /Amenities may be incomplete. .
7.3 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 t he 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. .
7.4 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.
7.5 That the completion period mentioned here above is in respect of the particular unit and cannot be treated either as a date of completion for whole building or part of the township or township as a whole. It is clarified however understood between the parties that all amounts collected the possession of various other units comprised in the project and the various common facilities planned therein shall be ready & completed in phases.
i. The Allottee agrees to take possession of the said unit, though the development of common facilities is still underway.
ii. The Promoter agrees a nd undertakes to indemnity the Allottee in case of failure of fulfillment of any of the provisions, formalitiesand documentation on part of the Promoter.
iii. 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 Promoter/ association of allottees, as the case may be after taking the Possession of the said unit.
7.6 The promoter shall hand over the completion or occupancy certificate of the Project, to the allottee as and when it is received from the competent authority.
7.7 At the time of handing over the possession, the allottee shall thoroughly inspect the apartment in respect of all the fitments, installations, workmanshi p satisfied himself/ herself/ themselves in respect of all the installations and the Allottee provisions are intact and in place and no further complaint in this regard shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionscovered/ entertained thereafter.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Unit : Unit– The Promoter agrees and understands that timely delivery of possession of the Unit to the Allottee and the Common Areas common areas to the Association association of allottees or the Allottees competent government authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the Unit along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 31st March, 2028 with a grace period within [specify time period] of six months (Completion date) . Similarly, the Common areas will be handed over progressively on completion signing of each phase this agreement by both parties unless there is a delay or failure due to war, war flood, drought, fire, fire cyclone, earthquake or any other calamity, order, rule, notification of the government and/or other public or competent authority/court and/or calamity caused by nature affecting the regular development of the real estate project (“"Force Majeure”"). The Common Areas , or delay due to order of any court or authority or any other circumstance which are caused not due to the fault 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 ProjectPromoter. 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 Unit and the same shall not include the period of extension given by the Authority for registrationUnit, 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 /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 datewithout interest. 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 That Allottee further agrees and confirms that, in the event of delay due to order of any court or any authority or any other circumstance which are caused not due to the fault of the Promoter, the period of such delay shall be excluded from the agreed time period of possession of the unit. The promoter shall hand over the completion/occupancy certificate of the Project, to the Allottee as and when it is clarified that all amounts collected as taxesreceived from the competent government authority. At the time of handing over the possession, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Allottee shall thoroughly inspect the Unit in respect of all the dimensions, workmanship of the infrastructure and satisfy himself/herself/themselves/ itself in respect of all the deliverables and the provisions are intact and in place and no further complaint in this regard shall be free covered/ entertained thereafter. That to approach maintain good cordial relationship between the authorities concerned promoter and allottee the amount of compensation for refund delay in possession of such taxes, charges, levies, cess, assessments and impositionsunit as agreed between both the parties shall be .
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE UNIT. 7.1 11.1 Schedule for possession of the said Unit Unit: The Promoter agrees and understands that NBCC shall make timely delivery of the possession of the Unit to the Allottee and the Common Areas to the Association of the Allottees , Unit. NBCC understands that time is the essence of the this Agreement. The Promoter NBCC, based on the approved plans and specifications, assures to hand over possession of the Unit with all specificationsto the Lessee on [●], in place on 31st March, 2028 with a grace period of six months (Completion date) . Similarly, the 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, order, rule, notification of the government and/or other public or competent authority/court and/or calamity caused by nature or any other act of god 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 Allottee Lessee agrees that the Promoter NBCC shall be entitled to the extension of time for delivery of possession of the Unit and the same shall not include the period of extension given by the Authority for registration, 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 /Amenities may be incomplete. The Allottee Lessee agrees and confirms that, in the event it becomes impossible for the Promoter RLDA and NBCC to implement the project Project due to Force Majeure conditions, then this the allotment of Unit on lease basis for the Term as contemplated herein shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment Lessee towards the Total Lease Premium shall be refunded within 45 days 120 (one hundred and twenty) dayswithout interest from that date. The promoter shall intimate the allottee about such termination at least thirty days prior date of intimation to such terminationLessee. After refund of the money paid by the AllotteeLessee, the Allottee Lessee agrees that he/ she it shall not have any rightsright and/ or claim, claims etc. whatsoever it may be, against the Promoter NBCC and RLDA and that the Promoter NBCC and RLDA shall be released and discharged from all its their respective obligations and liabilities under this Agreement. It In case the Project is clarified that all amounts collected as taxesdeveloped in phases, charges, levies, cess, assessments it shall be the duty of NBCC to maintain those Common Areas and impositions and deposited with the appropriate authorities concerned facilities which are not complete. NBCC shall not be returned by charge more than the Promoter and standard maintenance charges from the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsLessee.
Appears in 1 contract
Samples: Lease Agreement
POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Unit Unit: The Promoter agrees and understands that timely delivery of possession of the Row House or the Town House Unit to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. The Promoter assures to hand over possession of the Row House or the Town House Unit with all specifications, specifications in place on 31st March, October 2028 with a grace period of six months (Completion date) ). Similarly, the 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, 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”). 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 Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Unit 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. PROCEDURE FOR TAKING POSSESSION-
(i) The Promoter, upon obtaining the occupancy certificate/Completion Certificate/Partial Completion Certificate from the Competent Authority shall offer in writing the possession of the Row House or the Town House Unit, 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/Partial Completion Certificate as the case may be). However, upon the Promoter giving a written notice, the Promoter shall give and the Allottee shall take possession of the Row House or the Town House Unit within 15 (fifteen) days of 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 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 after receiving the occupancy certificate/ completion certificate (notice of possession). The Promoter shall hand over the photocopy of the Completion Certificate of the Project to the Allottee at the time of conveyance of the same.
(i) At the time of registration of conveyance or Lease 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 said land to be executed in favour of the Apex Body or Federation. Failure of Allottee to take the possession of Row House or the Town House Unit:
(i) Upon receiving a written intimation from the Promoter as per clause 7.2, the Allottee shall take possession of the Row House or the Town House Unit from the Promoter by executing necessary indemnities, undertakings and such other documentation as required and/or prescribed in this Agreement, and the Promoter shall give possession of the Row House or the Town House Unit 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 interest on amounts due and payable in terms of this agreement , maintenance charges, municipal tax and other outgoings and further holding charge of Rs. 3,000/-per month as Guarding Charges for the period of delay in taking possession. Possession by the Allottee - After obtaining the Completion Certificate certificate /partial completion certificate and handing over physical possession of the Unit to the Allottees, it shall be the responsibility of the Promoter to handover the necessary documents and plans, including common areas to the association of the Allottee on its formation or the competent authority, as the case may be, as per the local laws. Provided that in the absence of any local law, the Promoter shall hand over the necessary documents and plans including common areas to the Association of Allottees within 30 days after obtaining the completion certificate or as per local laws.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Unit Unit: The Promoter agrees and understands that timely delivery of possession of the Row House or the Town House Unit to the Allottee and the Common Areas to the Association of the Allottees Allottees, is the essence of the Agreement. The Promoter assures to hand over possession of the Row House or the Town House Unit with all specifications, specifications in place on 31st March, October 2028 with a grace period of six months (Completion date) ). Similarly, the 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, 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”). 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 Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Unit 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. PROCEDURE FOR TAKING POSSESSION-
(i) The Promoter, upon obtaining the occupancy certificate/Completion Certificate/Partial Completion Certificate from the Competent Authority shall offer in writing the possession of the Row House or the Town House Unit, 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/Partial Completion Certificate as the case may be). However, upon the Promoter giving a written notice, the Promoter shall give and the Allottee shall take possession of the Row House or the Town House Unit within 15 (fifteen) days of 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 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 after receiving the occupancy certificate/ completion certificate (notice of possession). The Promoter shall hand over the photocopy of the Completion Certificate of the Project to the Allottee at the time of conveyance of the same.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Unit : UNIT- The Promoter agrees and understands that timely delivery of possession of the Unit UNIT to the Allottee and the Common Areas to the Association of the Allottees Allottee, is the essence of the Agreement. The Promoter assures to hand over possession of the Unit UNIT along with right to use common areas with all specifications, amenities and facilities of the said Project in place on in the month of 31st March, 2028 December 2020 (Phase I) & 30TH June 2021(Phase II) with a grace period of six 6 months (Completion date) . Similarly, the 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, order, rule, notification of the government and/or other public or competent authority/court and/or calamity caused by nature affecting the regular development of the real estate project (“Force or any unforeseen occurrences, acts, court order or any other 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”). 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, 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 Unit and the same shall not include the period of extension given by the Authority for registrationUNIT, 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 /Amenities 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 within 45 (forty five) days from that date. The promoter Promoter shall intimate the allottee Allottee about such termination at least thirty 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 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.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE UNIT. 7.1 Schedule for of possession of the Unit:
(i) The Promoter shall endeavor to give possession of the said Unit : The to the Allottee(s) on or before Date of Possession specified in Schedule “A”. Further, the Promoter agrees and understands that timely delivery of shall endeavor to give possession of the Unit said Amenities to the Allottee Allottee(s) on or before the Time Schedule of Completion specified in Schedule “A”. The Date of Possession and the Common Areas Time Schedule of Completion shall be subject to the Association provisions of the Allottees , is sub-clauses herein and also subject to Force Majeure circumstances and reasons beyond the essence control of the AgreementPromoter. The Promoter assures to hand over In the event the possession of the Unit with all specifications, in place on 31st March, 2028 with a grace period of six months (Completion date) . Similarly, the 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, 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”). 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 beyond the Force Majeure conditions then the Allottee agrees that date as agreed hereinabove inter alia for any reason, the Promoter shall be entitled to extension of 12 [twelve] months (“Extended Duration”) for handover of possession and completion of construction.
(ii) In the event of any delay in handing over possession of the said Unit and the said Amenities to the Allottee(s) on the Date of Possession and Time Schedule of Completion, respectively and/ or beyond the Extended Duration and/ or further extension of time for delivery completion of construction of the said Unit and the said Amenities due to Force Majeure reasons, the Promoter shall intimate the Allottee(s) in writing the reason for such delay along with appropriate supporting documents and further time period within which the possession of the said Unit shall be handed over the Allottee(s) (“Revised Possession Date”) and the said Amenities (“Revised Time Schedule of Completion”) shall be completed. In the event, the Allottee(s) is desirous of cancelling the booking of the Unit, prior to the date of application of the occupancy certificate in respect of the said Unit, then the Allottee(s) shall intimate the Promoter his/ her/ their non-acceptance of the Revised Possession Date and Revised Time Schedule of Completion within fifteen (15) days from the date of receipt of such intimation from the Promoter, failing which it will be deemed that the Allottee(s) has/ have accepted the Revised Possession Date and Revised Time Schedule of Completion and the same shall not include be binding on 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 impositionsAllottee(s).
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Unit : – The Promoter agrees and understands that timely delivery of possession of the Unit 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. The Promoter assures to hand over possession of the Unit along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 31st March, 2028 with a grace period of six months (Completion date) . Similarly, the Common areas will be handed over progressively on completion of each phase or before 1 August 2019 unless there is a delay or failure due to war, war flood, drought, fire, fire cyclone, earthquake or any other calamity, order, rule, notification of the government and/or other public or competent authority/court and/or calamity 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. .
7.2 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 Unit and the same shall not include the period of extension given by the Authority for registrationUnit, 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 /Amenities may be incomplete. .
7.3 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. .
7.4 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.
7.5 That the completion period mentioned here above is in respect of the particular unit and cannot be treated either as a date of completion for whole row, part of the township or township as a whole. It is clarified however understood between the parties that all amounts collected the possession of various other units comprised in the project and the various common facilities planned therein shall be ready & completed in phases.
i. The Allottee agrees to take possession of the said unit, though the development of common facilities is still underway.
ii. The Promoter agrees and undertakes to indemnity the Allottee in case of failure of fulfillment of any of the provisions, formalities and documentation on part of the Promoter.
iii. 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 Promoter/association of allottees, as the case may be after taking the Possession of the said unit.
7.6 The promoter shall hand over the completion/occupancy certificate of the Project, to the allottee as and when it is received from the competent authority.
7.7 At the time of handing over the possession, the allottee shall thoroughly inspect the Unit in respect of all the fitments, installations, workmanship satisfied himself/herself/themselves in respect of all the installations and the Allottee provisions are intact and in place and no further complaint in this regard shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionscovered/ entertained thereafter.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Unit Unit: The Promoter agrees and understands that timely delivery of possession of the Unit 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. The Promoter Promoter, based on approved plans and specifications, assures to hand over possession of the Unit along with ready and complete common areas with all specifications, amenities and facilities of the Project in place on within 31st March, 2028 with a grace period of six months (Completion date) . Similarly2027, the 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, order, rule, notification of the government and/or other public or competent authority/court and/or calamity 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 Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Unit and the same shall not include the period of extension given by the Authority for registrationUnit, 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 /Amenities may be incomplete. The Allottee 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 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.
7.2 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate or completion certificate (which may be partial), whichever be applicable, from the competent authority shall offer in writing the possession of the Unit, 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 Unit to the Allottee. It is clarified that all amounts collected 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/Association of Allottees, as the case may be. The Promoter and on its behalf shall offer the possession to the Allottee shall be free to approach in writing within 90 (ninety) days of receiving the authorities concerned for refund occupancy certificate of such taxes, charges, levies, cess, assessments and impositionsthe Project.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Unit : - The Promoter agrees and understands that timely delivery of possession of the Unit to the 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. The Promoter assures to hand over possession of the Unit along with ready and complete common areas with all specifications, amenities and facilities of the Project in place on 31st March, 2028 with a grace period of six months (Completion date) . Similarly, the 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, order, rule, notification of the government and/or other public or competent authority/court and/or calamity caused by nature affecting the regular development of the real estate project 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 Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Unit and the same shall not include the period of extension given by the Authority for registrationUnit, 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 /Amenities may be incomplete. The Allottee 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 the entire amount received by the Promoter from the allotment within 45 days from that date. The promoter shall intimate the allottee 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* from the competent authority shall offer in writing the possession of the Unit, 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 taxes[Provided 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 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 refund the Project. The promoter shall hand over the occupancy certificate of such taxesthe Unit, chargesas the case may be, levies, cess, assessments and impositionsto the Allottee at the time of conveyance of the same.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Unit : Unit. The Promoter agrees and understands that timely delivery of possession of the Unit to the Allottee Allottee(s) and the Common Areas common areas to the Association association of Allottee(s) or the Allottees competent authority, is as the case may be, as provided underRule2(1)(f)ofRules,2017,is the essence of the Agreement. The Promoter assures to hand over possession of the Unit with all specifications, in place on 31st March, 2028 with as per agreed terms and conditions within a period of 24 months plus a grace period of six 6 months (Completion date) . Similarly, from the Common areas will be handed over progressively on completion date of each phase execution of this agreement unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity, order, rule, notification of the government and/or other public or competent authority/court and/or calamity caused by nature nature, Court orders, any action/ in -action by the concerned dept/ regulatory authority/ Government policy/ guidelines, NGT, and /or any other situations/ decisions affecting the regular development of the real estate project (the “Force Majeureforce 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, If the completion of the Project is delayed due to the Force Majeure conditions above conditions, then the Allottee Allottee(s) agrees that the Promoter shall be entitled to the extension of time for delivery of / possession of the Unit and the same promoter shall not include be liable to pay any penalty/ interest/ compensation etc. Also if the period developer is unable to construct/ continue or complete the construction of extension given the Apartment due to any of the above, the developer may in its sole discretion challenge the same by moving to the appropriate Court/ Tribunal and/or authority. In such a situation, the Allottee(s) may join as an effected party in any suit/ compliant/ Writ/ PIL filled before any appropriate Court by the Authority Developer/ Allottee(s) or any other third party, if the developers writes under this agreement are likely to be affected/ prejudice in any manner by the decision of the court on such suit/ compliant/ Writ/ PIL. However, during the subsistence/ continuance of suit/ compliant/ Writ/ PIL, the amount paid by the / Allottee(s) shall remain with the Developers and the / Allottee(s) shall not have a right to terminate this agreement and ask for registrationrefund of his money & this Agreement shall remain abeyance till final decision/ judgment by the Court(s)/ Tribunal(s)/ Authority(ies). In eventuality or delays in obtaining OC from concerned department, Provided that such Force Majeure conditions are not the promoter can offer hand over of a nature which make it impossible the unit for the contract to be implemented. Promoter will be entitled to give blockpurpose of fit-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 incompleteouts. 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 and above mentioned 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 Allottee(s) within ninety days or with the consent of the allottee, can give an option to the Allottee(s) for allotment within 45 days from that dateof unit in any other tower/ project. The promoter shall intimate the allottee Allottee(s) about such termination at least thirty days prior to such termination. After allotment of alternate Unit/ refund of the money as paid by the AllotteeAllottee(s), the 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. It is clarified that all amounts collected .
(A) Procedure for taking possession of built-up Unit - The Promoter, upon obtaining the occupation certificate or part thereof of building blocks in respect to the “project” shall offer in writing the possession of the “Unit” within 15 days from the date of above approval occupation certificate or part thereof to the Allottee(s) 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 per terms of such taxes, charges, levies, cess, assessments and impositionsthis Agreement.
Appears in 1 contract
Samples: Agreement to Sell
POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Unit : Unit– The Promoter Owner/Developer/Vendor agrees and understands that timely delivery of possession of the Unit 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. The Promoter Owner/Developer/Vendor assures to hand over possession of the Unit along with ready and complete common areas with all specifications, amenities and facilities of the Project in place on 31st Marchwithin , 2028 with a grace period of six months (Completion date) . Similarly, the Common areas will be handed over progressively on completion of each phase 202 unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity, order, rule, notification of the government and/or other public or competent authority/court and/or calamity 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 condition then the Allottee Allottee/s agrees that the Promoter Owner/Developer/ Vendor shall be entitled to the extension of time for delivery of possession of the Unit and the same shall not include the period of extension given by the Authority for registration, 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 /Amenities may be incomplete. The Allottee Allottee/s agrees and confirms that, in the event it becomes impossible for the Promoter Owner/Developer/Vendor to implement the project Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter Owner/Developer/Vendor shall refund to the Allottee Allottee/s the entire amount received by the Promoter Owner/Developer/Vendor from the allotment within 45 (forty five) days from that date. The promoter Owner/Developer/Vendor shall intimate the allottee Allottee/s about such termination at least thirty 30(thirty) days prior to such termination. After refund of the money paid by the Allottee/s, the Allottee Allottee/s agrees that he/ he/she shall not have any rights, claims etc. against the Promoter Owner/Developer/Vendor and that the Promoter Owner/Developer/Vendor 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 Owner/Developer/Vendor, chargesupon obtaining the occupancy certificate from the competent authority, leviesshall offer in writing the possession of the Unit, cessto 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, assessments and impositions and deposited with in the appropriate authorities concerned absence of local law, the conveyance deed in favour of the Allottee/s shall not be returned carried out by the Promoter Owner/Developer/Vendor within 3(three) months from the date of issue of occupancy certificate]. The Owner/Developer/Vendor agrees and undertakes to indemnify the Allottee Allottee/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Owner/Developer/Vendor. The Allottee/s, after taking possession, agree(s) to pay the maintenance charges as determined by the Owner/Developer/Vendor/association of Allottee/s, as the case may be after the issuance of the completion certificate for the Project. The Owner/Developer/Vendor shall be free hand over the occupancy certificate of the Unit/Project, as the case may be, to approach the authorities concerned for refund Allottee/s at the time of such taxes, charges, levies, cess, assessments and impositionsconveyance of the same.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Apartment / Unit : The Promoter agrees and understands that timely delivery of possession of the Unit to the Allottee and the Common Areas to the Association of the Allottees , is the essence of the Agreement. The Promoter Promoter, based on the approved plans and specifications, assures to hand over possession of the Unit Apartment on or before 31st December 2025, with all specifications, in place on 31st March, 2028 with a an additional grace period of six months 12 (Completion datetwelve) . Similarlymonths, the 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 earthquake, court order, pandemic / epidemic or any other calamity, order, rule, notification of the government and/or other public or competent authority/court and/or calamity caused by nature or other causes 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 (as defined in the Act) then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Unit and the same shall not include the period of extension given by the Authority for registrationApartment / 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 /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 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. / Unit to the Allottee Provided that, in the absence of local law, the conveyance deed in favour of the Allottee shall be carried out by the Promoter within three months from the date of issue of occupancy / completion certificate Subject To the terms of the Agreement and the Allottee making payment of the entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder and fulfilling all his other covenants / obligations herein. Provided Further That the Promoter shall not be liable to deliver possession of the Apartment / Unit to the Allottee nor to execute or cause to be executed any Sale Deed or other instruments until such time the Allottee makes payment of all amounts agreed and required to be paid hereunder by the Allottee and the Allottee has fully performed all the terms conditions and covenants of this Agreement and on the part of the Allottee to be observed and performed until then. 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, agree(s) to pay the maintenance charges as determined by the Promoter/ association of allottees, as the case may be. The Promoter shall offer the possession to the Allottee in writing within after receiving the completion / occupancy certificate, as applicable, of the Project or part thereof. 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 shall be deemed to have duly complied with all its obligations in case the Promoter issues notice of completion to the Allottee on or before the date mentioned in Clause 7.1 above. It is further agreed that even prior to completion of the said Apartment / Unit in the manneraforesaid, in case the Allottee desires to simultaneously carry out its fit-outs therein, then the Allottee may be permitted to carry out the same if the Promoter agrees to the same, and in such event the Allottee shall be free liable to approach pay the authorities concerned entire balance consideration and all other amounts and deposits payable by the Allottee to the Promoter hereunder prior thereto. Duringsuch fit-out period, the Allottee shall be liable for refund payment of such taxescharges for various utilities likeelectricity generator water lifts etc., charges, levies, cess, assessments and impositionsas be determined by the Promoter.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Unit Unit: The Promoter agrees and understands that timely delivery of possession of the Row House or the Town House Unit to the Allottee and the Common Areas to the Association of the Allottees Allottees, is the essence of the Agreement. The Promoter assures to hand over possession of the Row House or the Town House Unit with all specifications, specifications in place on 31st March, 2028 March 2029 with a grace period of six months (Completion date) ). Similarly, the 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, 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”). 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 Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Unit 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.
Appears in 1 contract
Samples: Agreement for Sale
POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Unit : – The Promoter agrees and understands that timely delivery of possession of the Unit 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. The Promoter assures to hand over possession of the Unit along with ready and complete common areas with all specifications, amenities and facilities of the project in place on 31st March, 2028 with a grace period of six months (Completion date) . Similarly, the Common areas will be handed over progressively on completion of each phase or before 31 July 2021 unless there is a delay or failure due to war, war flood, drought, fire, fire cyclone, earthquake or any other calamity, order, rule, notification of the government and/or other public or competent authority/court and/or calamity 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. .
7.2 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 Unit and the same shall not include the period of extension given by the Authority for registrationUnit, 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 /Amenities may be incomplete. .
7.3 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. .
7.4 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.
7.5 That the completion period mentioned here above is in respect of the particular unit and cannot be treated either as a date of completion for whole row, part of the township or township as a whole. It is clarified however understood between the parties that all amounts collected the possession of various other units comprised in the project and the various common facilities planned therein shall be ready & completed in phases.
i. The Allottee agrees to take possession of the said unit, though the development of common facilities is still underway.
ii. The Promoter agrees and undertakes to indemnity the Allottee in case of failure of fulfillment of any of the provisions, formalities and documentation on part of the Promoter.
iii. 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 Promoter/association of allottees, as the case may be after taking the Possession of the said unit.
7.6 The promoter shall hand over the completion/occupancy certificate of the Project, to the allottee as and when it is received from the competent authority.
7.7 At the time of handing over the possession, the allottee shall thoroughly inspect the Unit in respect of all the fitments, installations, workmanship satisfied himself/herself/themselves in respect of all the installations and the Allottee provisions are intact and in place and no further complaint in this regard shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionscovered/ entertained thereafter.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE UNIT. 7.1 Schedule for possession of the said Unit : Unit. The Promoter agrees and understands that timely delivery of possession of the Unit 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, as provided under Rule 2(1)(f) of Rules, 2017, is the essence of the Agreement. The Promoter assures to hand over possession of the Unit with all specifications, in place on 31st March, 2028 with as per agreed terms and conditions within a period of 60 months plus a grace period of six 24 months (Completion date) . Similarly, from the Common areas will be handed over progressively on completion date of each phase execution of this agreement unless there is a delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity, order, rule, notification of the government and/or other public or competent authority/court and/or calamity caused by nature nature, Court orders, Government policy/ guidelines, NGT / Any government department’s/ regulatory authority’s action/ inaction/ or omission/ decisions affecting the regular development of the real estate project (the “Force Majeureforce 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, If the completion of the Project is delayed due to the Force Majeure conditions above conditions, then the Allottee Allottee(s) agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Unit for such period and the same promoter 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 be liable 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 incompletepay any penalty/ interest/ compensation etc. 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 and above mentioned conditions, then this agreement/ allotment shall stand terminated and the Promoter shall refund to the Allottee Allottee(s), the entire amount received by the Promoter from the Allottee(s) within ninety days or with the consent of the allottee, Alternatively the promoter can give an option to the Allottee(s) for allotment within 45 days from that dateof the Unit in any other location/ project. The promoter shall intimate the allottee Allottee(s) about such termination at least thirty days prior to such termination. After allotment of alternate Unit/ refund of the money as paid by the AllotteeAllottee(s), the 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.
(A) Procedure for taking possession of Unit- The Promoter, upon obtaining the completion/ occupation certificate (or part thereof) of w.r.t. It Area/ building blocks in the “project” shall offer in writing the possession of the “Unit” within 15 days from the date of approval of completion/ occupation certificate (or part thereof) to the Allottee(s) as per terms of this Agreement. 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 promoter shall provide copy (on demand) of completion/ occupation certificate (or part thereof) in respect of "project" usage along with parking (if applicable) at the time of conveyance of the same. The Allottee(s), upon taking possession, agree(s) to pay the maintenance charges and holding charges as determined by the Promoter/ association of Allottee(s)/ competent authority, as the case may be. The Allottee(s) shall make payment of all dues, interest (if any), maintenance security (as applicable) etc., to the Promoter within due date as specified in the letter of offer of possession and within three months from clearance of all dues and simultaneously the Allottee(s) shall get conveyance of his Unit done from the Promoter by getting the conveyance deed/sale deed registered before the concerned Sub Registrar and thereafter take physical possession of the Unit. The date of issue of Completion/ Occupancy Certificate (or part thereof) shall be treated as Deemed Date of Possession of the area for which it is clarified that all amounts collected issued; the Allottee(s) shall be liable to pay the maintenance charges as taxesdetermined by the Promoter/ Owners Association/ Maintenance agency, chargescompetent authority (as the case may be). The Promoter shall handover the copy of Completion/ Occupancy Certificate of the project to the Allottee(s) at the time of conveyance deed of the Unit. The Promoter agrees and undertakes to indemnify the Allottee(s) in case of failure of fulfillment of any of the provisions, leviesformalities, cessdocumentation on the part of the Promoter which the Promoter is liable to comply/ carry out as per the Applicable Laws provided such failure is not on account of reasons beyond the controls of Promoter and/ or on account of any default/ delays on the part of the Allottee(s). The Allottee(s) shall be solely responsible and liable for compliance of the provisions of Indian Stamp Act, assessments 1899, Haryana Stamp Act and impositions and deposited with Xxxxxxxxxxxx Xxx, 0000 including any actions taken or deficiencies/penalties imposed by the appropriate authorities concerned competent authority. The Promoter shall not be returned by responsible for any damage caused to the Unit on account of delay on the part of the Allottee(s) in taking over possession and in such event the Allottee(s) shall have to take possession of the same on “as is where is basis”. The Promoter shall not be held responsible in any manner for any future mishaps like fire, earthquake, flood etc. OR any accident caused due to any of machineries installed like electrical equipment, and the Allottee shall be free to approach the authorities concerned for refund of such taxestransformer, charges, levies, cess, assessments and impositionsetc.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION OF THE UNIT. 7.1 a. Schedule for of possession of the Unit:
(i) The Promoter shall endeavor to give possession of the said Unit : The to the Allottee(s) on or before Date of Possession specified in Schedule “A”. Further, the Promoter agrees and understands that timely delivery of shall endeavor to give possession of the Unit said Amenities to the Allottee Allottee(s) on or before the Time Schedule of Completion specified in Schedule “A”. The Date of Possession and the Common Areas Time Schedule of Completion shall be subject to the Association provisions of the Allottees , is sub-clauses herein and also subject to Force Majeure circumstances and reasons beyond the essence control of the AgreementPromoter. The Promoter assures to hand over In the event the possession of the Unit with all specifications, in place on 31st March, 2028 with a grace period of six months (Completion date) . Similarly, the 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, 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”). 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 beyond the Force Majeure conditions then the Allottee agrees that date as agreed hereinabove inter alia for any reason, the Promoter shall be entitled to extension of 12 [twelve] months (“Extended Duration”) for handover of possession and completion of construction.
(ii) In the event of any delay in handing over possession of the said Unit and the said Amenities to the Allottee(s) on the Date of Possession and Time Schedule of Completion, respectively and/ or beyond the Extended Duration and/ or further extension of time for delivery completion of construction of the said Unit and the said Amenities due to Force Majeure reasons, the Promoter shall intimate the Allottee(s) in writing the reason for such delay along with appropriate supporting documents and further time period within which the possession of the said Unit shall be handed over the Allottee(s) (“Revised Possession Date”) and the said Amenities (“Revised Time Schedule of Completion”) shall be completed. In the event, the Allottee(s) is desirous of cancelling the booking of the Unit, prior to the date of application of the completion certificate in respect of the said Unit, then the Allottee(s) shall intimate the Promoter his/ her/ their non-acceptance of the Revised Possession Date and Revised Time Schedule of Completion within fifteen (15) days from the date of receipt of such intimation from the Promoter, failing which it will be deemed that the Allottee(s) has/ have accepted the Revised Possession Date and Revised Time Schedule of Completion and the same shall not include be binding on 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 impositionsAllottee(s).
Appears in 1 contract
Samples: Sale Agreement