Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following expenses and outgoings:- (a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the (b) Electricity charges for electricity consumed in or relating to the Allotted Apartment. (c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge. (d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said Premises. (e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be. (f) All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project and whether demanded from or payable by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereof. (g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings. (h) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be. 2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof. 2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) a. Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ,) assessed on or in respect of the Allotted Apartment Car Parking Space and/or any component related to the said Apartment directly to the Kolkata Municipal Corporation Authority and any other appropriate authority Provided That so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesLand.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) b. All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted said Apartment or the sale any component thereof as sale permission fee or the Project Building or the Common Areas or the said Land and whether demanded from or payable by the Allottee or the Promoter Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Allotted said Apartment and proportionately in case the same relates to the Project Buildings or the said Land or any part thereof.
(g) The c. Electricity charges for electricity consumed in or relating to the Apartment.
d. Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the said Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the said Apartment or any part thereof, wholly and if in common with the other Allottees, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
e. Proportionate share of all Common Expenses to the Maintenance In-charge/Maintenance Agency from time to time payable for the Project and the General Common Elements. In particular and without prejudice to the generality of the foregoing, the Allottee shall also pay to the Maintenance In-charge, maintenance charges calculated at the rate of Rs. /- (Rupees only) per Sq. Ft. per month (To be liable adjusted from Maintenance Deposit, Effective from date of possession) - Or on actual whichever is higher only per square feet per month of the Unit area for CAM mentioned in clause 11.4.3(f) above. The said minimum rates shall be subject to pay applicable revision from time to time as be deemed fit and proper by the Maintenance In Charge at its sole and absolute discretion after taking into consideration the common services provided.
f. Parking Facility Maintenance Charges for Parking Space to be decided later by the Promoter.
g. Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
h. Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Allottee as per prevalent rates.
(h) i. All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 2 contracts
Samples: Transfer Agreement, Transfer Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following expenses and outgoings:-outgoings: -
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH FOURTH SCHEDULE hereinabove written) to the Maintenance In-In- charge from time to time. In particular and without prejudice Such maintenance charges will be computed on the basis of actual expenses incurred/to the generality of the foregoing, the Allottee shall pay to be incurred by the Maintenance In-charge, Charge. The maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed subject to revision from time to time as be deemed fit and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed proper by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-chargecharge at its sole and absolute discretion after taking into consideration the common services provided and expenses incurred.
(db) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Corporation. Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said Premises.
(ec) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, Appurtenances wholly and if in common with the other Apartment AcquirersAcquirers proportionately, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(fd) All other taxes impositions levies cess fees taxes, impositions, levies, cess, fees, expenses and outgoings, betterment fees, development charges and/or levies under any statute statute, rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project and whether demanded from or payable by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part Common Areas thereof.
(ge) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes payments, rates, taxes, impositions and/or outgoings.
(hf) All penalty surcharge interest costs penalty, surcharge, interest, costs, charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes rates, taxes, impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims losses, damages, costs, claims, demands and proceedings as may be suffered by them or any of them due to non- non-payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two three (23) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Real Estate Development Agreement
Taxes and Outgoings. The Allottee Purchaser binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) 13.12.1 Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ) assessed on or in respect of the Allotted Designated Apartment directly to the Kolkata Municipal Corporation and any other appropriate authority Provided That so long as the Allotted Designated Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee Purchaser shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesProject Land.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) 13.12.2 All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Designated Apartment or the sale thereof as sale permission fee Designated Block or the Project Land and whether demanded from or payable by the Allottee Purchaser or the Promoter Maintenance In-charge and the same shall be paid by the Allottee Purchaser wholly in case the same relates to the Allotted Designated Apartment and proportionately in case the same relates to the Designated Block or the Project Land or Entire Land or any part thereof.
13.12.3 Electricity charges for electricity consumed in or relating to the Designated Apartment (g) The Allottee shall also be liable to pay including any applicable Goods minimum charges and Services Tax and/or other taxes which are now or may hereafter become payable on any proportionate share of the aforesaid rates taxes impositions and/or outgoingstransmission loss).
(h) All penalty surcharge interest costs charges 13.12.4 Charges for water, and expenses arising out of any delay default other utilities consumed by the Purchaser and/or attributable or negligence on relatable to the part of the Allottee in payment of all Designated Apartment or any of part thereof against demands made by the aforesaid rates taxes impositions concerned authorities and/or outgoings the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or wholly the appropriate authorities as the case may be.
2.1 All payments 13.12.5 Proportionate share of all Common Expenses (including those mentioned in this Schedule shall, in case the same be monthly payments, be made SCHEDULE E hereto) to the Maintenance In-charge within from time to time. In particular and without prejudice to the 7th day generality of each and every month for which the same becomes due and otherwise within 7 days of foregoing, the Purchaser shall pay to the Maintenance In-charge leaving its bill for the same at the above address charge, recurring monthly maintenance charges calculated @ Rs. 3/-(Rupees three) only per Square foot per month of the Allottee or Unit Area for CAM mentioned in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.13.5.2
Appears in 1 contract
Samples: Conveyance Deed
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”): -
(ai) Property tax and/or Municipal/Panchayet rates and taxes and water tax, (if any) assessed on or in respect of the Designated Apartment directly to the Municipality, BLLRO and/or any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land.
(ii) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute, rules or regulations whether existing or as may be imposed or levied at any time in future on in respect of the Designated Apartment or any component thereof or the Building or the Project Land and whether demanded from or payable by the Allottee or the Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
(iii) Electricity charges for electricity consumed in or relating to the Unit.
(iv) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(v) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART-VI of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @Rs.3/- @ Rs.2.50/- (Rupees threetwo and paise fifty) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges Unit Area for electricity consumed in or relating to the Allotted Apartment.
(c) CAM. The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges said minimum rates shall be calculated taking into account the costs (both fixed subject to revision from time to time as be deemed fit and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed proper by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge at its sole and absolute discretion after taking into consideration the proportionate share of all such rates and taxes assessed on the said Premisescommon services provided.
(evi) Parking Facility Maintenance Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable amounting to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may beRs. /- per annum.
(fvii) All Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
(viii) Goods and Service Tax and all other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or overheads in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project aforesaid outgoings and whether demanded from or taxes payable by the Allottee or as per the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofprevalent rates.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(hix) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 11.14.1 All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Unit Provided That any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofthereof and the Allottee shall bear and pay the same accordingly and without any delay, demur or default and without raising any objection of any nature whatsoever. Part payment will not be accepted after the due dates.
2.2 11.14.2 The maintenance charges do not include any payment or contribution towards the Activity Centre payable by the Allottee as per stipulations made elsewhere in this agreement therefor. The maintenance charges does not also include the costs and expenses for major repair, replacement, reinstatement etc., of the Common Areas and the Allottee shall be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Maintenance-In-Charge from time to time. Furthermore, the maintenance charges and all such payments shall be made by the Allottee irrespective of whether or not the Allottee uses or is entitled to or is able to use all or any of the Common Areas and any non-user or non-requirement thereof shall not be claimed as a ground for the non-payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Allottee.
11.14.3 The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date.
11.14.4 In the event of the Allotted Apartment Allottee failing and/or neglecting or refusing to make payment or deposits of the maintenance charges or any other amounts payable by the Promoter Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Maintenance-in-charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears. Without prejudice to the liability of the Allottee to pay interest as aforesaid, in case the failure and/or default in any payment by the Allottee for two months then until such payment with applicable interest, the Allottee and persons deriving rights through him shall be debarred from the benefits of use of the common facilities and the membership and use of the Activity Centre shall be suspended and the Maintenance-in-charge and Club Manager shall be entitled to withhold and stop all utilities and facilities (including electricity, lifts, generators, water, etc.,) to the Allottee and his employees guests agents tenants or from licensees and/or the expiry Designated Apartment. It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the continuing liabilities of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in respect of payment of the Taxes and Outgoings and applicable interest during the period of such debar, suspension, withholding or stoppage.
11.14.5 The Allottee shall be and remain responsible for and to indemnify the Owners, the Promoter and the Association against all damages costs claims demands and proceedings occasioned to the Land or any other part of the Building at the Project or to any person due to negligence or any act deed or thing made done or occasioned by the Allottee and shall also indemnify the Owners and the Promoter against all actions claims proceedings costs expenses and demands made against or suffered by the Owners and/or the Promoter as a result of any act omission or negligence of the Allottee or the servants agents licensees or invitees of the Allottee and/or any breach or non-observance non- fulfillment or non-performance of the terms of clause 7.2 of Section III hereinabove, whichever and conditions hereof to be earlierobserved fulfilled and performed by the Allottee.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Property tax and/or Municipal rates and taxes and water tax, (if any,) assessed on or in respect of the Unit, Parking Facility and/or Designated Apartment directly to the Howrah Municipal Corporation, BLLRO and any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said Land.
(b) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Designated Apartment or any component thereof or the Building or the said Land and whether demanded from or payable by the Allottee or the Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building or the said Land or any part thereof.
(c) Electricity charges for electricity consumed in or relating to the Unit.
(d) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment or any part thereof, wholly and if in common with the other Co-owners, proportionately to the Maintenance In- charge or the appropriate authorities as the case may be.
(e) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART-VII of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- @ Rs. /- (Rupees threeonly) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment Unit Area for CAM mentioned in Part-I of the Second Schedule hereinabove written and clause 11.5.3 (bf) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) above. The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges said minimum rates shall be calculated taking into account the costs (both fixed subject to revision from time to time as be deemed fit and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed proper by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge at its sole and absolute discretion after taking into consideration the proportionate share of all such rates and taxes assessed on the said Premises.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may beservices provided.
(f) All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project and whether demanded from or payable by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates Parking Facility Maintenance Charges amounting to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofRs.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any Proportionate share of the aforesaid rates taxes impositions and/or outgoings.
(h) All penalty surcharge interest costs charges operation, fuel and expenses arising out of any delay default or negligence on the part maintenance cost of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made generator proportionate to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held load taken by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofAllottee.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Agreement for Sale
Taxes and Outgoings. The Allottee Purchaser binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) 13.11.1 Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ) assessed on or in respect of the Allotted Designated Apartment directly to the Kolkata Municipal Corporation Municipality and/or any other appropriate authority Provided That so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee Purchaser shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesProject Land.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) 13.11.2 All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Designated Apartment or any component thereof or the sale thereof as sale permission fee Building or the Project Land and whether demanded from or payable by the Allottee Purchaser or the Promoter Maintenance In-charge and the same shall be paid by the Allottee Purchaser wholly in case the same relates to the Allotted Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
13.11.3 Electricity charges for electricity consumed in or relating to the Unit.
13.11.4 Charges for water, and other utilities consumed by the Purchaser and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
13.11.5 Proportionate share of all Common Expenses (gincluding those mentioned in SCHEDULE E hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Purchaser shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @ Rs. 3.50 (Rupees three and paise fifty) only per Square foot per month of the of the Unit Area for CAM. The Allottee said minimum rate shall also be liable subject to pay applicable revision from time to time as be deemed fit and proper by the Maintenance In-charge at its sole and absolute discretion after taking into consideration the common services provided.
13.11.6 Parking Facility Maintenance Charges amounting to Rs. 2500/- per annum per Parking Facility, if any.
13.11.7 Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Purchaser.
13.11.8 Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Purchaser as per the prevalent rates.
(h) 13.11.9 All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee Purchaser in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Conveyance Deed
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) a. Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ,) assessed on or in respect of the Allotted Apartment Unitand/or any component related to the said Villa directly to the Kolkata local Panchayet, Municipal Corporation Authority, BLLRO and any other appropriate authority Provided That so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesLand.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) b. All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment said Unit or any component thereof or the sale thereof as sale permission fee or the Project said Land and whether demanded from or payable by the Allottee or the Promoter Maintenance In- charge and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment said Villa and proportionately in case the same relates to the Project Villas or the said Land or any part thereof.
(g) The c. Electricity charges for electricity consumed in or relating to the Bungalow/Row house .
d. Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Unit against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Unit or any part thereof, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case maybe.
e. Proportionate share of all Common Expenses to the Maintenance In- charge/Maintenance Agency from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall also pay to the Maintenance In-charge, Maintenance chargesas demanded by the PromoterOr on actual whichever is higher. The said minimum rates shall be liable subject to pay applicable revision from time to time as be deemed fit and proper by the Maintenance In Charge at its sole and absolute discretion after taking into consideration the common services provided.
f. Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
g. Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Allottee as per prevalent rates.
(h) h. All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may bemaybe.
2.1 11.8.1 All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment Unit Provided That any amount payablebytheAllotteedirectlytoanyauthorityshallalwaysbepaidbytheAllottee withinthestipulatedduedateinrespectthereofandtheAllotteeshallbearandpay the same accordingly and without any delay, demur or default and without raising any objection of any nature whatsoever. Part payment will not be accepted after the due dates.
11.8.2 The maintenance charges does not include the costs and expenses for major repair, replacement, reinstatement etc., of the Common Areas and the Allottee shall indemnify and keep indemnified be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Promoter and the Maintenance-inMaintenance In-Charge from time to time. Furthermore, the maintenance charges and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may such payments shall be suffered made by them the Allottee irrespective of whether or any of them due not the Allottee uses or is entitled to non- payment or delay in payment of is able to use all or any of such amounts the Common Areas and outgoings. Any discrepancy any non-user or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment non-requirement thereof shall not be withnor be claimed to be a ground for non-held payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofAllottee.
2.2 11.8.3 The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date.
11.8.4 In the event of the Allotted Apartment by Allottee failing and/or neglecting or refusing to make payment or deposits of the Promoter maintenance charges or any other amounts payableby the Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Maintenance-in-charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears. Without prejudice to the liability of the Allottee to pay interest as aforesaid, in case the failureand/ordefaultinanypaymentbytheAllotteefortwomonthsthenuntilsuch payment with applicable interest, the Allottee and persons deriving rights through him shall be debarred from the benefits of use of the common facilities and amenities and the Maintenance- in-charge shall be entitled to withhold and stop all utilities and facilities (including electricity, generators, water, etc.,) to the Allottee and his employees guests agents tenants or from licenses and/or the expiry said Bungalows/ Row Xxxxx.Xx is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the continuing liabilities of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in respect of payment of the Taxes and Outgoings and applicable interest during the period of such debar, suspension, withholding or stoppage.
11.8.5 The Allottee shall be and remain responsible for and to indemnify the Owners, the Promoter and the Association against all damages costs claims demands and proceedings occasioned to the premises or any other part of theProjectortoanypersonduetonegligenceoranyactdeedorthingmadedone oroccasionedbytheAllotteeandshallalsoindemnifytheOwnersandthePromoter against all actions claims proceedings costs expenses and demands made against or suffered by the Owners and/or the Promoter as a result of any act omission or negligenceoftheAllotteeortheservantsagentslicenseesorinviteesoftheAllottee and/or any breach or non-observance non-fulfilment or non-performance of the terms of clause 7.2 of Section III hereinabove, whichever and conditions hereof to be earlier.observed fulfilled and performed by the Allottee
Appears in 1 contract
Samples: Agreement for Sale
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) a. Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ,) assessed on or in respect of the Allotted Apartment Unit Car Parking Space including MLCP parking spaces but not being open parking spaces and/or any component related to the said Unit directly to the Kolkata Municipal Corporation Authority and any other appropriate authority Provided That so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesLand.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) b. All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment said Unit or any component thereof or the sale thereof as sale permission fee Building or the Project said Land and whether demanded from or payable by the Allottee or the Promoter Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment said Unit and proportionately in case the same relates to the Project Buildings or the said Land or any part thereof.
(g) The c. Electricity charges for electricity consumed in or relating to the Unit.
d. Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the said Unit against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the said Unit or any part thereof, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
e. Proportionate share of all Common Expenses to the Maintenance In- charge/Maintenance Agency from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall also pay to the Maintenance In-charge, maintenance charges calculated at the rate of Rs /- (Rupees only) per Sq. Ft. per month (To be liable adjusted from Maintenance Deposit (Effective from date of possession) - Or on actual whichever is higher only per square feet per month of the Unit area for CAM mentioned in clause 11.4.3(f) above. The said minimum rates shall be subject to pay applicable revision from time to time as be deemed fit and proper by the Maintenance In Charge at its sole and absolute discretion after taking into consideration the common services provided.
f. Parking Facility Maintenance Charges for any space identified by the Developer.
g. Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
h. Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Allottee as per prevalent rates.
(h) i. All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) a. Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ,) assessed on or in respect of the Allotted Apartment Unit and/or any component related to the said Villa directly to the Kolkata local Panchayet, Municipal Corporation Authority, BLLRO and any other appropriate authority Provided That that so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesLand.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) b. All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment said Unit or any component thereof or the sale thereof as sale permission fee or the Project said Land and whether demanded from or payable by the Allottee or the Promoter Maintenance In charge and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment said Villa and proportionately in case the same relates to the Project Villas or the said Land or any part thereof.
(g) The c. Electricity charges for electricity consumed in or relating to the Bungalow/Row house .
d. Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Unit against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Unit or any part thereof, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case maybe.
e. Proportionate share of all Common Expenses to the Maintenance In charge/Maintenance Agency from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall also pay to the Maintenance In-charge, Maintenance charges as demanded by the Promoter Or on actual whichever is higher. The said minimum rates shall be liable subject to pay applicable revision from time to time as be deemed fit and proper by the Maintenance In Charge at its sole and absolute discretion after taking into consideration the common services provided.
f. Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
g. Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Allottee as per prevalent rates.
(h) h. All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may bemaybe.
2.1 11.8.1. All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Unit Provided that any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofthe reoffend the Allottee shall be are and pay the same accordingly and without any delay, demur or default and without raising any objection of any nature whatsoever. Part payment will not be accepted after the due dates.
2.2 11.8.2. The maintenance charges does not include the costs and expenses for major repair, replacement, reinstatement etc., of the Common Areas and the Allottee shall be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Maintenance In-Charge from time to time. Furthermore, the maintenance charges and all such payments shall be made by the Allottee irrespective of whether or not the Allottee uses or is entitled to or is able to use all or any of the Common Areas and any non-user or non-requirement thereof shall not be claimed to be a ground for non-payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Allottee.
11.8.3. The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date.
11.8.4. In the event of the Allotted Apartment Allottee failing and/or neglecting or refusing to make payment or deposits of the maintenance charges or any other amounts payable by the Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Maintenance-in- charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears. Without prejudice to the liability of the Allottee to pay interest as
11.8.5. The Allottee shall be and remain responsible for and to indemnify the Owners, the Promoter and the Association against all damages costs claims demands and proceedings occasioned to the premises or any other part of the Project or to any person due to negligence or any act deed or thing made done or occasioned by the Allottee and shall also indemnify the Owners and the Promoter against all actions claims proceedings costs expenses and demands made against or suffered by the Owners and/or the Promoter as a result of any act omission or Negligence of the Allottee or from the expiry of two (2) months from the date servants agents licensees or invitees of the Promoter giving Allottee and/or any breach or non-observance non-fulfilment or non- performance of the Notice for Possession terms and conditions hereof to be observed fulfilled and performed by the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.Allottee
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”): -
(ai) Property tax and/or Municipal rates and taxes and water tax, (if any) assessed on or in respect of the Designated Apartment directly to the Kolkata Municipal Corporation, BL&LRO and/or any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land.
(ii) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute, rules or regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Designated Apartment or any component thereof or the Building or the Project Land and whether demanded from or payable by the Allottee or the Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
(iii) Electricity charges for electricity consumed in or relating to the Unit.
(iv) Charges for water and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-Owner, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(v) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove writtenPART-VI of Schedule A hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @Rs.3/- @ Rs. 5/- (Rupees threefive) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment Unit Area for CAM mentioned in Part-I clause 11.8.3 (vi) of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) A-2 above. The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges said minimum rates shall be calculated taking into account the costs (both fixed subject to revision from time to time as be deemed fit and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed proper by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge at its sole and absolute discretion after taking into consideration the proportionate share of all such rates and taxes assessed on the said Premisescommon services provided.
(evi) Parking Facility Maintenance Charges for water on actuals. In addition, the Co-owners having parking facility in multi level parking system shall also bear the costs and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and charges envisaged elsewhere in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may bethis agreement.
(fvii) All Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
(viii) Goods and Service Tax and all other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or overheads in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project aforesaid outgoings and whether demanded from or taxes payable by the Allottee or as per the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofprevalent rates.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(hix) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 11.13.1 All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 (seven) days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Unit Provided That any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofthereof and the Allottee shall bear and pay the same accordingly and without any delay, demur or default and without raising any objection of any nature whatsoever. Part payment will not be accepted after the due dates.
2.2 11.13.2 The maintenance charges do not include any payment or contribution towards the Activity Centre payable by the Allottee as per stipulations made elsewhere in this agreement therefor. The maintenance charges does not also include the costs and expenses for major repair, replacement, reinstatement etc., of the Common Areas and the Allottee shall be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Maintenance-In-Charge from time to time. Furthermore, the maintenance charges and all such payments shall be made by the Allottee irrespective of whether or not
11.13.3 The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date.
11.13.4 In the event of the Allotted Apartment Allottee failing and/or neglecting or refusing to make payment or deposits of the maintenance charges or any other amounts payable by the Promoter Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Maintenance-in-charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears. Without prejudice to the liability of the Allottee to pay interest as aforesaid, in case the failure and/or default in any payment by the Allottee for 2 (two) months then until such payment with applicable interest, the Allottee and persons deriving rights through him shall be debarred from the benefits of use of the common facilities and the membership and use of the Activity Centre shall be suspended and the Maintenance-in-charge and Manager shall be entitled to withhold and stop all utilities and facilities (including electricity, lifts, generators, water, etc.) to the Allottee and his employees guests agents tenants or from licensees and/or the expiry Designated Apartment. It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the continuing liabilities of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in respect of payment of the Taxes and Outgoings and applicable interest during the period of such debar, suspension, withholding or stoppage.
11.13.5 The Allottee shall be and remain responsible for and to indemnify the Owner, the Promoter and the Association against all damages costs claims demands and proceedings occasioned to the Land or any other part of the Building at the Project or to any person due to negligence or any act deed or thing made done or occasioned by the Allottee and shall also indemnify the Owner and the Promoter against all actions claims proceedings costs expenses and demands made against or suffered by the Owner and/or the Promoter as a result of any act omission or negligence of the Allottee or the servants agents licensees or invitees of the Allottee and/or any breach or non-observance non-fulfillment or non-performance of the terms of clause 7.2 of Section III hereinabove, whichever and conditions hereof to be earlierobserved fulfilled and performed by the Allottee.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Property tax and/or Municipal rates and taxes and water tax, (if any) assessed on or in respect of the Unit, Parking Facility and/or Designated Apartment directly to the Howrah Municipal Corporation, BLLRO and any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land.
(b) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Designated Apartment or any component thereof or the Building or the Project Land and whether demanded from or payable by the Allottee or the Maintenance In- charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
(c) Electricity charges for electricity consumed in or relating to the Unit directly to the CESC Limited in respect of the individual meter for the Unit. It is clarified that in case temporary electricity connection is provided by the Promoter to the Allottee in respect of the Unit, then the Allottee shall be liable to pay to the Promoter or person nominated by the Promoter, the electricity Charges for the electricity consumed or allocated (whichever be higher) for the said Unit at the rates which shall be charged by the CESC Limited alongwith service charge equivalent to 20% of such electricity charges. Such electricity and related charges for the temporary electricity connection for the Unit shall be payable within 7 days of receiving the bills raised by the Promoter/its nominee in respect thereof.
(d) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment or any part thereof, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(e) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART-VII of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- @ Rs. (Rupees three….) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment Unit Area for CAM mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said Premises.
clause 11.5.3 (e) Charges for water above. The said minimum rates shall be subject to increases from time to time as be deemed fit and any other utilities consumed proper by the Allottee and/or attributable or relatable to Maintenance In- charge at its sole and absolute discretion after taking into consideration the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may beservices provided.
(f) All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect Proportionate share of the Allotted Apartment or operation, fuel and maintenance cost of the sale thereof as sale permission fee or generator proportionate to the Project and whether demanded from or payable load taken by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofAllottee.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(h) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Agreement for Sale
Taxes and Outgoings. The Allottee binds himself himself/herself/their selves/itself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failurea. Property tax and/or Municipal rates and/or other taxes/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes levies and water tax, (if any, ,) assessed on or in respect of the Allotted Apartment and Car Parking Space (if any) and/or any other component related to the Apartment directly to the Kolkata Municipal Corporation Provided That KMC and any other appropriate authority provided that so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Promoter/Maintenance In-charge Agency/Association the proportionate share of all such rates and taxes assessed on the said PremisesSaid Land and Project.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) b. All other taxes impositions levies taxes, impositions, levies, cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute statute, rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment or the sale any component thereof as sale permission fee or the Project Building and/or the Common Areas and/or the Said Land and/or and Private Passage Area, and whether demanded from or payable by the Allottee or the Promoter Promoter/Maintenance Agency/Association and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project Buildings or the Said Land and Private Passage Area, or any part thereof.
(g) The c. Electricity charges for electricity consumed in or relating to the Apartment.
d. Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Apartment against demands made by the concerned authorities and/or the Promoter/Maintenance Agency/Association and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Apartment or any part thereof, wholly and if in common with the other Allottees, proportionately to the Promoter/Maintenance Agency/Association or the appropriate authorities as the case may be.
e. Proportionate share of all Common Expenses to the Promoter/Maintenance Agency/Association from time to time payable for the Project and the Common Areas. In particular and without prejudice to the generality of the foregoing, the Allottee shall also pay to the Promoter/Maintenance Agency/Association, Maintenance Charges calculated at the rate of INR [●] (Indian National Rupees [●]) per square feer per month (To be liable adjusted from Maintenance Deposit, effective from date of possession) or on actual whichever is higher only per square feet per month of the Apartment area for CAM mentioned in herein. The said minimum rates shall be subject to pay applicable revision from time to time as be deemed fit and proper by the Promoter/Maintenance Agency/Association at its sole and absolute discretion after taking into consideration the common services provided.
f. Parking facility maintenance charges for parking space to be decided later by the Promoter.
g. Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
h. Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Allottee as per prevalent rates.
(h) i. All penalty surcharge interest costs surcharge, interest, costs, charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes rates, taxes, impositions and/or outgoings proportionately or wholly as the case may be.
2.1 j. All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Promoter/Maintenance In-charge Agency/Association within the 7th (seventh) day of each and every month for which the same becomes due and otherwise within 7 (seven) days of the Promoter/Maintenance In-charge Agency/Association leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Apartment. Provided That any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of thereof and the Allottee to shall bear and pay the aforesaid outgoings same accordingly and impositions shall accrue with effect from without any delay, demur or default and without raising any objection or protest of any nature whatsoever. Part payment will not be accepted after the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlierdue dates.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself itself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings ("Taxes and Outgoings"):-
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ,) assessed on or in respect of the Allotted Apartment, Car Parking Space and/or any component related to the said Apartment directly to the Kolkata local Panchayet, Municipal Corporation Provided That Authority, BLLRO and any other appropriate authority provided that so long as the Allotted Apartment same is not assessed separately for the purpose purposes of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes.
b) All other taxes assessed impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations including the charges of the Kolkata Port Trust whether existing or as may be imposed or levied at any time in future on or in respect of the said PremisesApartment or any component thereof or the Building or the said Land/Entire Land and whether demanded from or payable by the Allottee or the Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the said Apartment and proportionately in case the same relates to the Buildings or the said Land/Entire Land or any part thereof.
(ec) Electricity charges for electricity consumed in or relating to the Apartment.
d) Charges for water water, and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted said Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted said Apartment and/or its Appurtenancesor any part thereof, wholly and if in common with the other Apartment AcquirersCo-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(e) Proportionate share of all Common Expenses/ Maintenance Charges to the Maintenance In- charge/Maintenance Agency from time to time.
f) All Parking Facility Maintenance Charges on actuals as decided by the Maintenance In- charge/Maintenance Agency.
g) Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
h) Goods and Service Tax and all other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or overheads in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project aforesaid outgoings and whether demanded from or taxes payable by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofas per prevalent rates.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(hi) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Property tax and/or Municipal rates and taxes and water tax, (if any,) assessed on or in respect of the Unit, Parking Facility and/or Designated Apartment directly to the Howrah Municipal Corporation, BLLRO and any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land.
(b) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Designated Apartment or any component thereof or the Building or the Project Land and whether demanded from or payable by the Allottee or the Maintenance In- charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
(c) Electricity charges for electricity consumed in or relating to the Unit directly to the CESC Limited in respect of the individual meter for the Unit. It is clarified that in case temporary electricity connection is provided by the Promoter to the Allottee in respect of the Unit, then the Allottee shall be liable to pay to the Promoter or person nominated by the Promoter, the electricity Charges for the electricity consumed or allocated (whichever be higher) for the said Unit at the rates which shall be charged by the CESC Limited alongwith service charge equivalent to 20% of such electricity charges. Such electricity and related charges for the temporary electricity connection for the Unit shall be payable within 7 days of receiving the bills raised by the Promoter/its nominee in respect thereof.
(d) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment or any part thereof, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(e) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART-VII of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- @ Rs. (Rupees three….) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment Unit Area for CAM mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said Premises.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project and whether demanded from or payable by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereof.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(h) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.clause
Appears in 1 contract
Samples: Agreement for Sale
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”): -
(ai) Property tax and/or Municipal rates and taxes and water tax, (if any) assessed on or in respect of the Designated Apartment directly to the Municipality, BLLRO and/or any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land.
(ii) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute, rules or regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Designated Apartment or any component thereof or the Building or the Project Land and whether demanded from or payable by the Allottee or the Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
(iii) Electricity charges for electricity consumed in or relating to the Unit.
(iv) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co- Owner, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(v) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART-VI of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @Rs.3/- @ Rs. /- (Rupees three) only per Square foot per month of the of Unit Area for CAM. The said minimum rates shall be subject to revision from time to time as be deemed fit and proper by the sum total of Maintenance In- charge at its sole and absolute discretion after taking into consideration the common services provided.
(avi) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and Parking Facility Maintenance Charges amounting to Rs. /- per annum per Parking Facility, if any.
(bvii) the estimated proportionate Proportionate share of the Common Areas operation, fuel and Common Facilities attributable maintenance cost of the generator proportionate to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to load taken by the Allotted ApartmentAllottee.
(cviii) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed Goods and variable, including the cost of diesel, consumables Service Tax and all other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or overheads in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates aforesaid outgoings and taxes assessed on the said Premises.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project and whether demanded from or payable by the Allottee or as per the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofprevalent rates.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(hix) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 11.13.1 All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-In- charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Unit Provided That any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofthereof and the Allottee shall bear and pay the same accordingly and without
11.13.2 The maintenance charges do not include any payment or contribution towards the Activity Centre payable by the Allottee as per stipulations made elsewhere in this agreement therefor. The maintenance charges does not also include the costs and expenses for major repair, replacement, reinstatement etc., of the Common Areas and the Allottee shall be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Maintenance-In-Charge from time to time. Furthermore, the maintenance charges and all such payments shall be made by the Allottee irrespective of whether or not the Allottee uses or is entitled to or is able to use all or any of the Common Areas and any non-user or non-requirement thereof shall not be nor be claimed to be a ground for the non-payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Allottee.
2.2 11.13.3 The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date.
11.13.4 In the event of the Allotted Apartment Allottee failing and/or neglecting or refusing to make payment or deposits of the maintenance charges or any other amounts payable by the Promoter Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Maintenance-in-charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears. Without prejudice to the liability of the Allottee to pay interest as aforesaid, in case the failure and/or default in any payment by the Allottee for two months then until such payment with applicable interest, the Allottee and persons deriving rights through him shall be debarred from the benefits of use of the common facilities and the membership and use of the Activity Centre shall be suspended and the Maintenance-in-charge and Manager shall be entitled to withhold and stop all utilities and facilities (including electricity, lifts, generators, water, etc.,) to the Allottee and his employees guests agents tenants or from licensees and/or the expiry Designated Apartment. It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the continuing liabilities of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in respect of payment of the Taxes and Outgoings and applicable interest during the period of such debar, suspension, withholding or stoppage.
11.13.5 The Allottee shall be and remain responsible for and to indemnify the Owner, the Promoter and the Association against all damages costs claims demands and proceedings occasioned to the Land or any other part of the Building at the Project or to any person due to negligence or any act deed or thing made done or occasioned by the Allottee and shall also indemnify the Owner and the Promoter against all actions claims proceedings costs expenses and demands made against or suffered by the Owner and/or the Promoter as a result of any act omission or negligence of the Allottee or the servants agents licensees or invitees of the Allottee and/or any breach or non-observance non-fulfillment or non-performance of the terms of clause 7.2 of Section III hereinabove, whichever and conditions hereof to be earlierobserved fulfilled and performed by the Allottee.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee Purchaser binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) 13.11.1 Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ) assessed on or in respect of the Allotted Designated Apartment directly to the Kolkata Municipal Corporation Corporation, BL&LRO and/or any other appropriate authority Provided That so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee Purchaser shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesProject Land.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) 13.11.2 All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Designated Apartment or any component thereof or the sale thereof as sale permission fee Building or the Project Land and whether demanded from or payable by the Allottee Purchaser or the Promoter Maintenance In-charge and the same shall be paid by the Allottee Purchaser wholly in case the same relates to the Allotted Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
13.11.3 Electricity charges for electricity consumed in or relating to the Unit
13.11.4 Charges for water, and other utilities consumed by the Purchaser and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
13.11.5 Proportionate share of all Common Expenses (gincluding those mentioned in Schedule- E hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Purchaser shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @ Rs. 5/- (Rupees five) only per Square foot per month of the Unit Area for CAM mentioned in clause 13.5.2(v) above. The Allottee said minimum rates shall be subject to revision from time to time as be deemed fit and proper by the Maintenance In-charge at its sole and absolute discretion after taking into consideration the common services provided.
13.11.6 In case the Purchaser has opted for the designated Parking Facility, the Purchaser shall pay the Parking Facility Maintenance Charges calculated @ Rs. 5000/- per annum. In addition, the Co-owners having parking facility in multi level parking system shall also be liable bear the costs and charges envisaged elsewhere in this Deed.
13.11.7 Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to pay applicable the load taken by the Purchaser.
13.11.8 Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Purchaser as per the prevalent rates.
(h) 13.11.9 All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee Purchaser in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Conveyance Deed
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”): -
(ai) Property tax and/or Municipal/Panchayet rates and taxes and water tax, (if any) assessed on or in respect of the Designated Apartment directly to the Municipality, BLLRO and/or any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land.
(ii) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute, rules or regulations whether existing or as may be imposed or levied at any time in future on in respect of the Designated Apartment or any component thereof or the Building or the Project Land and whether demanded from or payable by the Allottee or the Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
(iii) Electricity charges for electricity consumed in or relating to the Unit.
(iv) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(v) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART-VI of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @Rs.3/- @ Rs.2.50/- (Rupees threetwo and paise fifty) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges Unit Area for electricity consumed in or relating to the Allotted Apartment.
(c) CAM. The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges said minimum rates shall be calculated taking into account the costs (both fixed subject to revision from time to time as be deemed fit and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed proper by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge at its sole and absolute discretion after taking into consideration the proportionate share of all such rates and taxes assessed on the said Premisescommon services provided.
(evi) Parking Facility Maintenance Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable amounting to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may beRs.2500/- per annum.
(fvii) All Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
(viii) Goods and Service Tax and all other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or overheads in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project aforesaid outgoings and whether demanded from or taxes payable by the Allottee or Allotteeas per the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofprevalent rates.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(hix) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 11.13.1 All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Unit Provided That any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofthereof and the Allottee shall bear and pay the same accordingly and without any delay, demur or default and without raising any objection of any nature whatsoever. Part payment will not be accepted after the due dates.
2.2 11.13.2 The maintenance charges do not include any payment or contribution towards the Activity Centre payable by the Allottee as per stipulations made elsewhere in this agreement therefor. The maintenance charges does not also include the costs and expenses for major repair, replacement, reinstatement etc., of the Common Areas and the Allottee shall be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Maintenance-In-Charge from time to time. Furthermore, the maintenance charges and all such payments shall be made by the Allottee irrespective of whether or not the Allottee uses or is entitled to or is able to use all or any of the Common Areas and any non-user or non-requirement thereof shall not be claimed as a ground for the non-payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Allottee.
11.13.3 The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date.
11.13.4 In the event of the Allotted Apartment Allottee failing and/or neglecting or refusing to make payment or deposits of the maintenance charges or any other amounts payable by the Promoter Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Maintenance-in-charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears.Without prejudice to the liability of the Allottee to pay interest as aforesaid, in case the failure and/or default in any payment by the Allottee for two months then until such payment with applicable interest, the Allottee and persons deriving rights through him shall be debarred from the benefits of use of the common facilities and the membership and use of the Activity Centre shall be suspended and the Maintenance-in-charge and Manager shall be entitled to withhold and stop all utilities and facilities (including electricity, lifts, generators, water, etc.,) to the Allottee and his employees guests agents tenants or from licensees and/or the expiry Designated Apartment. It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the continuing liabilities of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in respect of payment of the Taxes and Outgoings and applicable interest during the period of such debar, suspension, withholding or stoppage.
11.13.5 The Allottee shall be and remain responsible for and to indemnify the Owners, the Promoter and the Association against all damages costs claims demands and proceedings occasioned to the Land or any other part of the Building at the Project or to any person due to negligence or any act deed or thing made done or occasioned by the Allottee and shall also indemnify the Owners and the Promoter against all actions claims proceedings costs expenses and demands made against or suffered by the Owners and/or the Promoter as a result of any act omission or negligence of the Allottee or the servants agents licensees or invitees of the Allottee and/or any breach or non-observance non-fulfillment or non-performance of the terms of clause 7.2 of Section III hereinabove, whichever and conditions hereof to be earlierobserved fulfilled and performed by the Allottee.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(di) Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ) assessed on or in respect of the Allotted said Apartment directly to the Kolkata Municipal Corporation Provided That Municipality, BLLRO and/or any other appropriate authority provided that so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesLand/Apartment.
(eii) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute, rules or regulations whether existing or as may be imposed or levied at any time in future on in respect of the said Apartment or any component thereof or the Building or the said Land and whether demanded from or payable by the Allottee or the Maintenance In-Charge and the same shall be paid by the Allottee wholly in case the same relates to the said Apartment and proportionately in case the same relates to the said Building or any part thereof.
(iii) Electricity charges for electricity consumed in or relating to the Unit.
(iv) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted said Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenancessaid Apartment, wholly and if in common with the other Apartment Acquirersco-owner, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(fv) All Proportionate share of all Common Expenses (including those mentioned in PART-IV of SCHEDULE-A hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, recurring monthly maintenance charges. The said minimum rates shall be subject to revision from time to time as be deemed fit and proper by the Maintenance In-charge at its sole and absolute discretion after taking into consideration the common services provided.
(vi) Goods and Service Tax and all other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or overheads in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project aforesaid outgoings and whether demanded from or taxes payable by the Allottee or as per the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofprevalent rates.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(hvii) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 11.13.1 All payments mentioned in this Schedule payment to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Unit provided that any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofthereof and the Allottee shall bear and pay the same accordingly and without any delay, demur or default and without raising any objection of any nature whatsoever. Part payment will not be accepted after the due dates.
2.2 11.13.2 The maintenance charges does not also include the costs and expenses for major repair, replacement, reinstatement etc., of the Common Areas and the Allottee shall be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Maintenance-In-Charge from time to time. Furthermore, the maintenance charges and all such payments shall be made by the Allottee irrespective of whether or not the Allottee uses or is entitled to or is able to use all or any of the Common Areas and any non-user or non-requirement thereof shall not be claimed as a ground for the non-payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Allottee.
11.13.3 In the event of the Allottee failing and/or neglecting or refusing to make payment or deposits of the maintenance charges or any other amounts payable by the Allottee under these presents and/or in observing and performing the Apartment/Unit Rules then without prejudice, the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay the Maintenance-in-charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears. Without prejudice to the liability of the Allottee to pay interest as aforesaid, in case the aforesaid outgoings failure and/or default in any payment by the Allottee for two months then until such payment with applicable interest, the Allottee and impositions persons deriving rights through him/her shall accrue with effect be debarred from the date benefits of delivery of possession use of the Allotted Apartment common facilities and the Maintenance- in-charge and Manager shall be entitled to withhold and stop all utilities and facilities (including electricity, lifts, generators, water, etc.,) to the Allottee and his employees, guests, agents, tenants or licensees and/or the said Apartment. It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the continuing liabilities of the Allottee in respect of payment of the Taxes and Outgoings and applicable interest during the period of such debar, suspension, withholding or stoppage.
11.13.4 The Allottee shall be and remain responsible for and to indemnify the Promoter and the Association against all damages costs claims demands and proceedings occasioned to the Said Land or any other part of the Said Building or to any person due to negligence or any act deed or thing made done or occasioned by the Allottee and shall also indemnify the Promoter against all actions claims proceedings costs expenses and demands made against or suffered by the Promoter to as a result of any act omission or negligence of the Allottee or from the expiry of two (2) months from the date servants, agents, licensees, or invitees of the Promoter giving Allottee and/or any breach or non-observance non-fulfillment or non-performance of the Notice for Possession terms and conditions hereof to be observed fulfilled and performed by the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlierAllottee.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee Purchaser binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure13.11.1 Property Tax and/or Municipal/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal Panchayat rates and taxes and water tax, (if any, ) assessed on or in respect of the Allotted Designated Apartment directly to the Kolkata Municipal Corporation Municipality, BLLRO, and any other appropriate authority Provided That so long as the Allotted Designated Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee Purchaser shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesProject Land.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) 13.11.2 All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Designated Apartment or the sale thereof as sale permission fee Building or the Project Land and whether demanded from or payable by the Allottee Purchaser or the Promoter Maintenance In-charge and the same shall be paid by the Allottee Purchaser wholly in case the same relates to the Allotted Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
13.11.3 Electricity charges for electricity consumed in or relating to the Designated Apartment (gincluding any applicable minimum charges and proportionate share of transmission loss ).
13.11.4 Charges for water, and other utilities consumed by the Purchaser and/or attributable or relatable to the Designated Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-owners, proportionately to the Maintenance In- charge or the appropriate authorities as the case may be.
13.11.5 Proportionate share of all Common Expenses (including those mentioned in SCHEDULE E hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Purchaser shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @ Rs. 3.50/- (Rupees three and paise fifty) only per Square foot per month of the Unit Area for CAM mentioned in clause 13.5.2.5 above. The Allottee said minimum rate shall also be liable subject to revision from time to time as be deemed fit and proper by the Maintenance In- charge at its sole and absolute discretion after taking into consideration the common services provided.
13.11.6 In case the Purchaser has opted for the designated Parking Facility, the Purchaser shall pay applicable the Parking Facility Maintenance Charges calculated @ Rs. 2500/- per annum.
13.11.7 Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Purchaser.
13.11.8 Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Allottee as per the prevalent rates.
(h) 13.11.9 All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee Purchaser in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Conveyance Deed
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-
outgoings (a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein hereinafter referred to as “theTaxes and Outgoings”):-
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(di) Property taxTax, municipal land revenue, rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment Designated Property directly to the Kolkata Municipal Corporation Patharghata Gram Panchayat or other appropriate authorities Provided That so long as the Allotted Apartment Designated Property is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the Promoter proportionate share of all such rates and taxes assessed on the said PremisesProject Land.
(eii) All other taxes, impositions, levies, duties, cess, betterment fees or development charges, statutory liabilities under any statute rules and regulations and other outgoings (including tube-well licence fee, drainage fee/tax) whether existing or as may be imposed or levied or enhanced at any time in future on or in respect of the Designated Property or the House Building or the Project Land and whether demanded from or payable by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Designated Property and proportionately in case the same relates to the House Building or the Project Land.
(iii) Electricity charges for electricity consumed in or relating to the Designated Property on the basis of the reading shown in the meter provided for the Designated Property or such minimum and other charges as demanded by the service provider and such charges shall be solely and exclusively paid by the Allottee directly to the WBSEDCL within the due dates thereof.
(iv) Operational costs and charges for enjoying and/or availing and consuming power from the common Generator to be installed and the same shall be payable to the Maintenance-in-Charge based on the reading shown in the meter provided for the Designated Property by the Promoter it being clarified that the Allottee shall be liable to pay such minimum monthly charges as may be decided by the Maintenance In-charge taking into account the load taken by the Allottee.
(v) Charges for water water, and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment Designated Property against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its AppurtenancesDesignated Property, wholly and if in common with the other Apartment AcquirersCo-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(fvi) All Charges for using enjoying and/or availing any other taxes impositions levies cess fees utility or facility, if exclusively in or for the Designated Property, wholly and if in common with the other co-owners of the Project, proportionately to the Maintenance-in-Charge or the appropriate authorities as the case may be.
(vii) Proportionate share of all Common Expenses to be paid to the Maintenance-in- Charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance-in-Charge, maintenance charges calculated @Rs. /- (Rupees ) only per square foot per month of the Area for CAM mentioned in clause 11.10 (c) (v) above. The said minimum rate shall be subject to revision from time to time as be deemed fit and proper by the Maintenance-in-Charge at its sole and absolute discretion after taking into consideration the common services provided and cost involved in the same. It is made clear that the said monthly maintenance charges does not include any payment or contribution towards the repair, replacement, reinstatement etc. of any common area equipment or installation and the Allottee undertakes and binds himself to pay proportionate share of all costs charges and expenses on account of such repair, replacement, reinstatement etc., as be demanded by the Maintenance-in-Charge from time to time.
(viii) Goods and outgoingsService Tax and any applicable tax, betterment feescess, development charges and/or levies under any statute rules and regulations imposition or levy whether existing or as may be imposed or levied at any time revised in future on in respect of the Designated Property or in respect of any amounts and outgoings payable in respect of the Allotted Apartment Designated Property also all penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the sale thereof as sale permission fee or the Project and whether demanded from or payable by part of the Allottee in payment of any or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereof.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any all of the aforesaid rates taxes impositions and/or outgoingsoutgoings proportionately or wholly as the case may be.
(hix) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of any or all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 11.15.1 All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-In- charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Designated Property Provided That any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.thereof and the Allottee shall bear and pay the same accordingly and without any delay, demur or default
2.2 11.15.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession Liability Commencement Date .
11.15.3 The maintenance charges do not include any payment or contribution towards the Common Community Centre payable by the Allottee as per stipulations made elsewhere in this agreement therefor. The maintenance charges does not also include the costs and expenses for major repair, replacement, reinstatement etc., of the Allotted Apartment Common Areas and the Allottee shall be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Promoter Maintenance-In-Charge from time to time. Furthermore, the maintenance charges and proportionate Common Expenses shall be paid by the Allottee irrespective of whether or from not the expiry of two (2) months from the date Allottee uses or is entitled to or is able to use any or all of the Promoter giving Common Areas and any non user or non requirement in respect of any common area or installations shall not be claimed as a ground for the Notice for Possession to non payment or decrease in the liability of payment of the Allottee in respect of the said proportionate common expenses and/or maintenance charges.
11.15.4 In the event of the Allottee failing and/or neglecting or refusing to make payment or deposits of the taxes and outgoings or any other amounts payable by the Allottee under these presents and/or in observing and performing the covenants terms and conditions of clause 7.2 the Allottee hereunder, then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Maintenance-in-Charge, interest at the rate of Section III hereinabove% per mensem on all the amounts in arrears and without prejudice to the aforesaid, whichever the Maintenance-in-Charge, shall be earlier.entitled to take all or any one or more of the following recourses, in any priority to (i) debar the Allottee and persons deriving rights through him from the benefits of use of the common facilities and the membership and use of the Common Community Centre shall be suspended
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee Purchaser binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(di) Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ,) assessed on or in respect of the Allotted Unit, Parking Facility and/or Designated Apartment directly to the Kolkata Howrah Municipal Corporation Corporation, BLLRO and any other appropriate authority Provided That so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee Purchaser shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesLand.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(fii) All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Designated Apartment or the sale any component thereof as sale permission fee or the Project Building or the said Land and whether demanded from or payable by the Allottee Purchaser or the Promoter Maintenance In-charge and the same shall be paid by the Allottee Purchaser wholly in case the same relates to the Allotted Designated Apartment and proportionately in case the same relates to the Project Building or the said Land or any part thereof.
(giii) The Allottee shall also be liable Electricity charges for electricity consumed in or relating to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoingsUnit.
(hiv) All penalty surcharge interest costs charges Charges for water, and expenses arising out of other utilities consumed by the Purchaser and/or attributable or relatable to the Designated Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any delay default other utility or negligence on facility, if exclusively in or for the part of the Allottee in payment of all Designated Apartment or any of part thereof, wholly and if in common with the aforesaid rates taxes impositions and/or outgoings other Co-owners, proportionately to the Maintenance In-charge or wholly the appropriate authorities as the case may be.
2.1 All payments (v) Proportionate share of all Common Expenses (including those mentioned in this Schedule shall, in case the same be monthly payments, be made PART-VII of SCHEDULE A hereto) to the Maintenance In-charge within from time to time. In particular and without prejudice to the 7th day generality of each the foregoing, the Purchaser shall pay to the Maintenance In-charge, maintenance charges calculated @ Rs. /- (Rupees only) only per Square foot per month of the Unit Area for CAM mentioned in clause 8.4 (ii)(vi) above. The said minimum rates shall be subject to revision from time to time as be deemed fit and every month for which the same becomes due and otherwise within 7 days of proper by the Maintenance In-charge leaving at its bill for sole and absolute discretion after taking into consideration the same at the above address common services provided.
(vi) Parking Facility Maintenance Charges amounting to Rs.
(vii) Proportionate share of the Allottee or in operation, fuel and maintenance cost of the letter box in generator proportionate to the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held load taken by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofPurchaser.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Sale Deed
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”): -
(ai) Property tax and/or Municipal rates and taxes and water tax, (if any) assessed on or in respect of the Designated Apartment directly to the Municipality, BLLRO and/or any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land.
(ii) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute, rules or regulations whether existing or as may be imposed or levied at any time in future on in respect of the Designated Apartment or any component thereof or the Building or the Project Land and whether demanded from or payable by the Allottee or the Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
(iii) Electricity charges for electricity consumed in or relating to the Unit.
(iv) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-Owner, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(v) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART-VI of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @Rs.3/- @ Rs. /- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges Unit Area for electricity consumed in or relating to the Allotted Apartment.
(c) CAM. The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges said minimum rates shall be calculated taking into account the costs (both fixed subject to revision from time to time as be deemed fit and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed proper by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge at its sole and absolute discretion after taking into consideration the proportionate share of all such rates and taxes assessed on the said Premisescommon services provided.
(evi) Parking Facility Maintenance Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable amounting to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facilityRs. /- per annum per Parking Facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may beany.
(fvii) All Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
(viii) Goods and Service Tax and all other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or overheads in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project aforesaid outgoings and whether demanded from or taxes payable by the Allottee or as per the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofprevalent rates.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(hix) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 11.13.1 All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Unit Provided That any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofthereof and the Allottee shall bear and pay the same accordingly and without any delay, demur or default and without raising any objection of any nature whatsoever. Part payment will not be accepted after the due dates.
2.2 11.13.2 The maintenance charges do not include any payment or contribution towards the Activity Centre payable by the Allottee as per stipulations made elsewhere in this agreement therefor. The maintenance charges does not also include the costs and expenses for major repair, replacement, reinstatement etc., of the Common Areas and the Allottee shall be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Maintenance-In-Charge from time to time. Furthermore, the maintenance charges and all such payments shall be made by the Allottee irrespective of whether or not the Allottee uses or is entitled to or is able to use all or any of the Common Areas and any non-user or non-requirement thereof shall not be claimed as a ground for the non-payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Allottee.
11.13.3 The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date.
11.13.4 In the event of the Allotted Apartment Allottee failing and/or neglecting or refusing to make payment or deposits of the maintenance charges or any other amounts payable by the Promoter Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Maintenance-in-charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears. Without prejudice to the liability of the Allottee to pay interest as aforesaid, in case the failure and/or default in any payment by the Allottee for two months then until such payment with applicable interest, the Allottee and persons deriving rights through him shall be debarred from the benefits of use of the common facilities and the membership and use of the Activity Centre shall be suspended and the Maintenance-in-charge and Manager shall be entitled to withhold and stop all utilities and facilities (including electricity, lifts, generators, water, etc.,) to the Allottee and his employees guests agents tenants or from licensees and/or the expiry Designated Apartment. It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the continuing liabilities of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in respect of payment of the Taxes and Outgoings and applicable interest during the period of such debar, suspension, withholding or stoppage.
11.13.5 The Allottee shall be and remain responsible for and to indemnify the Owners, the Promoter and the Association against all damages costs claims demands and proceedings occasioned to the Land or any other part of the Building at the Project or to any person due to negligence or any act deed or thing made done or occasioned by the Allottee and shall also indemnify the Owners and the Promoter against all actions claims proceedings costs expenses and demands made against or suffered by the Owners and/or the Promoter as a result of any act omission or negligence of the Allottee or the servants agents licensees or invitees of the Allottee and/or any breach or non- observance non-fulfillment or non-performance of the terms of clause 7.2 of Section III hereinabove, whichever and conditions hereof to be earlierobserved fulfilled and performed by the Allottee.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee Purchaser binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) 13.11.1 Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ) assessed on or in respect of the Allotted Designated Apartment directly to the Kolkata Municipal Corporation Municipality, BL&LRO and/or any other appropriate authority Provided That so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee Purchaser shall pay to the Maintenance In-In- charge the proportionate share of all such rates and taxes assessed on the said PremisesProject Land.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) 13.11.2 All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Designated Apartment or any component thereof or the sale thereof as sale permission fee Building or the Project Land and whether demanded from or payable by the Allottee Purchaser or the Promoter Maintenance In-charge and the same shall be paid by the Allottee Purchaser wholly in case the same relates to the Allotted Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
13.11.3 Electricity charges for electricity consumed in or relating to the Unit
13.11.4 Charges for water, and other utilities consumed by the Purchaser and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
13.11.5 Proportionate share of all Common Expenses (gincluding those mentioned in Schedule- E hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Purchaser shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @ Rs. /- (Rupees ) only per Square foot per month of the Unit Area for CAM mentioned in clause 13.5.2(v) above. The Allottee said minimum rates shall also be liable subject to revision from time to time as be deemed fit and proper by the Maintenance In-charge at its sole and absolute discretion after taking into consideration the common services provided.
13.11.6 In case the Purchaser has opted for the designated Parking Facility, the Purchaser shall pay applicable the Parking Facility Maintenance Charges calculated @ Rs. 1200/- per annum.
13.11.7 Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Purchaser.
13.11.8 Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Purchaser as per the prevalent rates.
(h) 13.11.9 All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee Purchaser in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Conveyance Deed
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) a. Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ,) assessed on or in respect of the Allotted Apartment Car Parking Space and/or any component related to the said Apartment directly to the Kolkata local Panchayet, Municipal Corporation Authority, BLLRO and any other appropriate authority Provided That so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesLand.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) b. All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted said Apartment or the sale any component thereof as sale permission fee or the Project Building or the said Land and whether demanded from or payable by the Allottee or the Promoter Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Allotted said Apartment and proportionately in case the same relates to the Project Buildings or the said Land or any part thereof.
(g) The c. Electricity charges for electricity consumed in or relating to the Apartment.
d. Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the said Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the said Apartment or any part thereof, wholly and if in common with the other co-owners/allottees, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
e. Proportionate share of all Common Expenses to the Maintenance In- charge/Maintenance Agency from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall also be liable pay to pay the Promoter and/or Maintenance In-charge as the case may be, maintenance charges calculated at the rate of Rs.65/- (Rupees Sixty Five only) only per square feet Built-up area of the said Apartment for initial period of one year plus applicable GST.
f. Sinking Fund at the rate of Rs.65/- (Rupees Sixty Five_ only) only per square feet Built-up area of the said Apartment.
g. Car Parking Maintenance Charges at the rate of Rs.200/- (Rupees Two Hundred only) per month.
h. AMC Charges at actuals if Mechanical Parking Facility allotted to the Allottee.
i. Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
j. Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Allottee as per prevalent rates.
(h) k. All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Assignment Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”): -
(ai) Property tax and/or Municipal rates and taxes and water tax, (if any) assessed on or in respect of the Designated Apartment directly to the Municipality, BLLRO and/or any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land.
(ii) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute, rules or regulations whether existing or as may be imposed or levied at any time in future on in respect of the Designated Apartment or any component thereof or the Building or the Project Land and whether demanded from or payable by the Allottee or the Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
(iii) Electricity charges for electricity consumed in or relating to the Unit.
(iv) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-Owner, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(v) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART-VI of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @Rs.3/- @ Rs. /- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges Unit Area for electricity consumed in or relating to the Allotted Apartment.
(c) CAM. The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges said minimum rates shall be calculated taking into account the costs (both fixed subject to revision from time to time as be deemed fit and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed proper by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge at its sole and absolute discretion after taking into consideration the proportionate share of all such rates and taxes assessed on the said Premisescommon services provided.
(evi) Parking Facility Maintenance Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable amounting to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facilityRs. /- per annum per Parking Facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may beany.
(fvii) All Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
(viii) Goods and Service Tax and all other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or overheads in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project aforesaid outgoings and whether demanded from or taxes payable by the Allottee or as per the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofprevalent rates.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(hix) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 11.13.1 All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and
11.13.2 The maintenance charges do not include any payment or contribution towards the Activity Centre payable by the Allottee as per stipulations made elsewhere in this agreement therefor. The maintenance charges does not also include the costs and every month expenses for which the same becomes due and otherwise within 7 days major repair, replacement, reinstatement etc., of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default Common Areas and the Allottee shall indemnify and keep indemnified the Promoter and be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Maintenance-inIn-Charge from time to time. Furthermore, the maintenance charges and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may such payments shall be suffered made by them the Allottee irrespective of whether or any of them due not the Allottee uses or is entitled to non- payment or delay in payment of is able to use all or any of such amounts the Common Areas and outgoings. Any discrepancy any non-user or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment non-requirement thereof shall not be withclaimed as a ground for the non-held payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofAllottee.
2.2 11.13.3 The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date.
11.13.4 In the event of the Allotted Apartment Allottee failing and/or neglecting or refusing to make payment or deposits of the maintenance charges or any other amounts payable by the Promoter Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Maintenance-in-charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears. Without prejudice to the liability of the Allottee to pay interest as aforesaid, in case the failure and/or default in any payment by the Allottee for two months then until such payment with applicable interest, the Allottee and persons deriving rights through him shall be debarred from the benefits of use of the common facilities and the membership and use of the Activity Centre shall be suspended and the Maintenance-in-charge and Manager shall be entitled to withhold and stop all utilities and facilities (including electricity, lifts, generators, water, etc.,) to the Allottee and his employees guests agents tenants or from licensees and/or the expiry Designated Apartment. It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the continuing liabilities of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms respect of clause 7.2 payment of Section III hereinabovethe Taxes and Outgoings and applicable interest during the period of such debar, whichever suspension, withholding or stoppage.
11.13.5 The Allottee shall be earlier.and remain responsible for and to indemnify the Owners, the Promoter and the Association against all damages costs claims demands and proceedings occasioned to the Land or any other part of the Building at the Project or to any person due to negligence or any act deed or thing made done or
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”): -
(ai) Property tax and/or Municipal rates and taxes and water tax, (if any) assessed on or in respect of the Designated Apartment directly to the Municipality, BLLRO and/or any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land.
(ii) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute, rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Designated Apartment or any component thereof or the Building or the Project Land and whether demanded from or payable by the Allottee or the Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
(iii) Electricity charges for electricity consumed in or relating to the Unit.
(iv) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-Owner, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(v) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART-VI of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @Rs.3/- @ Rs. /- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up carpet area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) said Unit. The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges said minimum rates shall be calculated taking into account the costs (both fixed subject to revision from time to time as be deemed fit and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed proper by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge at its sole and absolute discretion after taking into consideration the proportionate share of all such rates and taxes assessed on the said Premisescommon services provided.
(evi) Parking Facility Maintenance Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable amounting to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facilityRs. /- per annum per Parking Facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may beany.
(fvii) All Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
(viii) Goods and Service Tax and all other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or overheads in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project aforesaid outgoings and whether demanded from or taxes payable by the Allottee or as per the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofprevalent rates.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(hix) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 11.13.1 All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Unit Provided That any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofthereof and the Allottee shall bear and pay the same accordingly and without any delay, demur or default and without raising any objection of any nature whatsoever. Part payment will not be accepted after the due dates.
2.2 11.13.2 The maintenance charges do not include any payment or contribution towards the Activity Centre payable by the Allottee as per stipulations made elsewhere in this agreement therefor. The maintenance charges does not also include the costs and expenses for major repair, replacement, reinstatement etc., of the Common Areas and the Allottee shall be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Maintenance-In-Charge from time to time. Furthermore, the maintenance charges and all such payments shall be made by the Allottee irrespective of whether or not the Allottee uses or is entitled to or is able to use all or any of the Common Areas and any non-user or non-requirement thereof shall not be nor be claimed to be a ground for non-payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Allottee.
11.13.3 The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date.
11.13.4 In the event of the Allotted Apartment Allottee failing and/or neglecting or refusing to make payment or deposits of the maintenance charges or any other amounts payable by the Promoter Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Maintenance-in-charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears. Without prejudice to the liability of the Allottee to pay interest as aforesaid, in case the failure and/or default in any payment by the Allottee for two months then until such payment with applicable interest, the Allottee and persons deriving rights through him shall be debarred from the benefits of use of the common facilities and the membership and use of the Activity Centre shall be suspended and the Maintenance-in-charge and Manager shall be entitled to withhold and stop all utilities and facilities (including electricity, lifts, generators, water, etc.,) to the Allottee and his employees guests agents tenants or from licensees and/or the expiry Designated Apartment. It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the continuing liabilities of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in respect of payment of the Taxes and Outgoings and applicable interest during the period of such debar, suspension, withholding or stoppage.
11.13.5 The Allottee shall be and remain responsible for and to indemnify the Owners, the Promoter and the Association against all damages costs claims demands and proceedings occasioned to the Land or any other part of the Building at the Project or to any person due to negligence or any act deed or thing made done or occasioned by the Allottee and shall also indemnify the Owners and the Promoter against all actions claims proceedings costs expenses and demands made against or suffered by the Owners and/or the Promoter as a result of any act omission or negligence of the Allottee or the servants agents licensees or invitees of the Allottee and/or any breach or non-observance non-fulfillment or non-performance of the terms of clause 7.2 of Section III hereinabove, whichever and conditions hereof to be earlierobserved fulfilled and performed by the Allottee.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee Purchaser binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) 13.11.1 Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ) assessed on or in respect of the Allotted Designated Apartment directly to the Kolkata Municipal Corporation Municipality and/or any other appropriate authority Provided That so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee Purchaser shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesProject Land.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) 13.11.2 All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Designated Apartment or any component thereof or the sale thereof as sale permission fee Building or the Project Land and whether demanded from or payable by the Allottee Purchaser or the Promoter Maintenance In-charge and the same shall be paid by the Allottee Purchaser wholly in case the same relates to the Allotted Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
13.11.3 Electricity charges for electricity consumed in or relating to the Unit.
13.11.4 Charges for water, and other utilities consumed by the Purchaser and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
13.11.5 Proportionate share of all Common Expenses (gincluding those mentioned in SCHEDULE E hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Purchaser shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @ Rs. 2.50 (Rupees two and paise fifty) only per Square foot per month of the of the Unit Area for CAM. The Allottee said minimum rate shall also be liable subject to pay applicable revision from time to time as be deemed fit and proper by the Maintenance In-charge at its sole and absolute discretion after taking into consideration the common services provided.
13.11.6 Parking Facility Maintenance Charges amounting to Rs. 1200/- per annum per Parking Facility, if any.
13.11.7 Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Purchaser.
13.11.8 Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Purchaser as per the prevalent rates.
(h) 13.11.9 All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee Purchaser in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Conveyance Deed
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) a. Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ,) assessed on or in respect of the Allotted Apartment, Car Parking Space and/or any component related to the said Apartment directly to the Kolkata Municipal Corporation Authority and any other appropriate authority Provided That so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesLand.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) b. All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted said Apartment or the sale any component thereof as sale permission fee or the Project Building or the said Land and whether demanded from or payable by the Allottee or the Promoter Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Allotted said Apartment and proportionately in case the same relates to the Project Buildings or the said Land or any part thereof.
(g) The Allottee shall also be liable c. Electricity charges for electricity consumed in or relating to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoingsApartment.
(h) All penalty surcharge interest costs charges d. Charges for water, and expenses arising out of any delay default or negligence on the part of other utilities consumed by the Allottee and/or attributable or relatable to the said Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in payment of all using enjoying and/or availing any other utility or facility, if exclusively in or for the said Apartment or any of part thereof, wholly and if in common with the aforesaid rates taxes impositions and/or outgoings other Co-owners, proportionately to the Maintenance In-charge or wholly the appropriate authorities as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made e. Proportionate share of all Common Expenses to the Maintenance In-charge within / Maintenance Agency from time to time. In particular and without prejudice to the 7th day generality of each and every month for which the same becomes due and otherwise within 7 days of foregoing, the Allottee shall pay to the Maintenance In-charge leaving its bill for the same charge, maintenance charges calculated at the above address rate of Rs.120/- (Rupees One hundred twenty only) per Sq. Ft. per month (To be adjusted from Maintenance Deposit (Effective from date of possession) - Or on actual whichever is higher only per square feet per month of the Allottee or Unit area for CAM mentioned in clause 11.4.3(f) above. The said minimum rates shall be subject to revision from time to time as be deemed fit and proper by the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-inMaintenance In-Charge at its sole and all other Apartment Acquirers for all losses damages costs claims demands absolute discretion after taking into consideration the common services provided.
f. Proportionate share of the operation, fuel and proceedings as may be suffered by them or any maintenance cost of them due the generator proportionate to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held load taken by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofAllottee.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself Allottees bind themselves and covenants covenant to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) a. Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ,) assessed on or in respect of the Allotted Apartment Car Parking Space and/or any component related to the said Apartment directly to the Kolkata local Panchayet, Municipal Corporation Authority, BLLRO and any other appropriate authority Provided That so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee Allottees shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesLand.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) b. All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted said Apartment or the sale any component thereof as sale permission fee or the Project Building or the said Land and whether demanded from or payable by the Allottee Allottees or the Promoter Maintenance In-charge and the same shall be paid by the Allottee Allottees wholly in case the same relates to the Allotted said Apartment and proportionately in case the same relates to the Project Buildings or the said Land or any part thereof.
c. Electricity charges for electricity consumed in or relating to the Apartment.
d. Charges for water, and other utilities consumed by the Allottees and/or attributable or relatable to the said Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the said Apartment or any part thereof, wholly and if in common with the other Co-owners, proportionately to the Maintenance In- charge or the appropriate authorities as the case may be.
e. Proportionate share of all Common Expenses to the Maintenance In- charge/Maintenance Agency from time to time. In particular and without prejudice to the generality of the foregoing, the Allottees shall pay to the Maintenance In-charge, maintenance charges calculated at the rate of Rs /- (gRupees only) per month of Carpet Area (To be adjusted from Maintenance Deposit (Effective from date of possession) Or on actual whichever is higher only per square feet per month of the Unit area for CAM. The Allottee said minimum rates shall also be liable subject to pay applicable revision from time to time as be deemed fit and proper by the Maintenance In Charge at its sole and absolute discretion after taking into consideration the common services provided.
f. Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottees.
g. Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Allottees as per prevalent rates.
(h) h. All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee Allottees in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Agreement for Sale
Taxes and Outgoings. The Allottee binds himself himself/herself/their selves/itself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(di) Property tax, municipal tax and/or Municipal rates and taxes and/orother taxes/levies and water tax, (if any, ,) assessed on or in respect of the Allotted Apartment and Car Parking Space (if any) and/or any other component related to the Apartment directly to the Kolkata Municipal Corporation Provided That KMC and any other appropriate authority provided that so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Promoter/Maintenance In-charge Agency/Association the proportionate share of all such rates and taxes assessed on the said PremisesSaid Land.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(fii) All other taxes impositions levies taxes, impositions, levies,cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute statute, rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment or the sale any component thereof as sale permission fee or the Project Building and/or the Common Areas, Amenities and Facilitiesand/or the Said Land, and whether demanded from or payable by the Allottee or the Promoter Promoter/Maintenance Agency/Association and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project Building or the Said Landor any part thereof.
(giii) The Allottee shall also be liable Electricity charges for electricity consumed in or relating to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoingsApartment.
(hiv) All penalty surcharge interest costs charges Charges for water, and expenses arising out of any delay default or negligence on the part of other utilities consumed by the Allottee and/or attributable or relatable to the Apartment against demands made by the concerned authorities and/or the Promoter/Maintenance Agency/Association and in payment of all using enjoying and/or availing any other utility or facility, if exclusively in or for the Apartment or any of part thereof, wholly and if in common with the aforesaid rates taxes impositions and/or outgoings other Allottees, proportionately to the Promoter/Maintenance Agency/Association or wholly the appropriate authorities as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made (v) Proportionate share of all Common Expenses to the Promoter/Maintenance In-charge within Agency/Association from time to time payable for the 7th day of each Project and every month for which the same becomes due Common Areas, Amenities and otherwise within 7 days Facilities excluding the common expenses solely attributable to the Commercial Segment. The rates of the Common Expenses shall be subject to revision from time to time as be deemed fit and proper by the Promoter/Maintenance In-charge leaving Agency/Association at its bill sole and absolute discretion after taking into consideration the common services provided.
(vi) Parking facility maintenance charges for Parking Spacesto be decided later by the same at the above address Promoter.
(vii) Proportionate share of the Allottee or in operation, fuel and maintenance cost of the letter box in generator proportionate to the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held load taken by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofAllottee.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”): -
(ai) Property tax and/or Municipal rates and taxes and water tax, (if any) assessed on or in respect of the Designated Apartment including / th undivided share in the Service Unit directly to the Kolkata Municipal Corporation and/or any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land.
(ii) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute, rules or regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Designated Apartment including / th undivided share in the Service Unit or any component thereof or the Building or the Project Land and whether demanded from or payable by the Allottee or the Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment including / th undivided share in the Service Unit and proportionately in case the same relates to the Building or the Project Land or any part thereof.
(iii) Electricity charges for electricity consumed in or relating to the Unit and / th share for electricity charges in or relating to the Service Unit.
(iv) Charges for water and other utilities consumed by the Allottee and/or attributable or relatable to the Unit or any part thereof and in the Service Unit against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Unit and the said share in the Service Unit, wholly and if in common with the other Co-Owner, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(v) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove writtenPART-VI of Schedule A hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @Rs.3/- @ Rs. (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment Unit Area for CAM mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “theclause 11.8.3
(bvi) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) above. The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges said minimum rates shall be calculated taking into account the costs (both fixed subject to revision from time to time as be deemed fit and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed proper by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge at its sole and absolute discretion after taking into consideration the proportionate share of all such rates and taxes assessed on the said Premisescommon services provided.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project and whether demanded from or payable by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereof.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(h) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Agreement for Sale
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ,) assessed on or in respect of the Allotted Apartment, Parking Facility and/or Designated Apartment directly to the Kolkata Howrah Municipal Corporation Corporation, BLLRO and any other appropriate authority Provided That so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesLand.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(fb) All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment said Properties and Appurtenant thereto or any component thereof or the sale thereof as sale permission fee Building or the Project said Land and whether demanded from or payable by the Allottee or the Promoter Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Said Apartment And Properties Appurtenant Thereto and proportionately in case the same relates to the Project Building or the said Land or any part thereof.
(c) Electricity charges for electricity consumed in or relating to the Apartment.
(d) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Said Apartment And Properties Appurtenant Thereto against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Said Apartment And Properties Appurtenant Thereto or any part thereof, wholly and if in common with the other Co-owners, proportionately to the Maintenance In- charge or the appropriate authorities as the case may be.
(e) Proportionate share of all Common Expenses (including those mentionedin particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @ Rs. 3 /- (Rupees Three only) only per Square foot per month of the Apartment Area for CAM mentioned in clause 11.4.3 (f) above. The said minimum rates shall be subject to revision from time to time as be deemed fit and proper by the Maintenance In-charge at its sole and absolute discretion after taking into consideration the common services provided.
(f) Parking Facility Maintenance Charges amounting to Rs. 200 per month
(g) The Allottee shall also be liable Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to pay applicable the load taken by the Allottee.
(h) Goods and Services Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Allottee as per prevalent rates.
(hi) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Assignment Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following expenses and outgoings:-outgoings:
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH FOURTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice Such maintenance charges will be computed on the basis of actual expenses incurred/to the generality of the foregoing, the Allottee shall pay to be incurred by the Maintenance In-charge, Charge. The maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of shall be subject to revision from time to time as be deemed fit and proper by the of Maintenance In-charge at its sole and absolute discretion after taking into consideration the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written common services provided and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “theexpenses incurred.
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for 1.5 Kilo Xxxxx power to be provided to the Allotted Apartment during power failure/load shedding from the Diesel Generator SetsSet. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for on the Apartments consumed by the Allottee basis of power allotted in the Allotted Apartment as recorded through a meter or shall be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(dc) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Corporation. Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said Premises.
(ed) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, Appurtenances wholly and if in common with the other Apartment AcquirersAcquirers proportionately, proportionately to the Maintenance In-In- charge or the appropriate authorities as the case may be.
(fe) All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project and whether demanded from or payable by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part Common Areas thereof.
(gf) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(hg) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill xxxx for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- non-payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Property tax and/or Municipal rates and taxes and water tax, (if any,) assessed on or in respect of the Unit, Parking Facility and/or Designated Apartment directly to the Howrah Municipal Corporation, BLLRO and any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land.
(b) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Designated Apartment or any component thereof or the Building or the Project Land and whether demanded from or payable by the Allottee or the Maintenance In- charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
(c) Electricity charges for electricity consumed in or relating to the Unit directly to the CESC Limited in respect of the individual meter for the Unit. It is clarified that in case temporary electricity connection is provided by the Promoter to the Allottee in respect of the Unit, then the Allottee shall be liable to pay to the Promoter or person nominated by the Promoter, the electricity Charges for the electricity consumed or allocated (whichever be higher) for the said Unit at the rates which shall be charged by the CESC Limited alongwith service charge equivalent to 20% of such electricity charges. Such electricity and related charges for the temporary electricity connection for the Unit shall be payable within 7 days of receiving the bills raised by the Promoter/its nominee in respect thereof.
(d) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment or any part thereof, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(e) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART-VII of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- @ Rs. (Rupees three….) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment Unit Area for CAM mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said Premises.
clause 11.5.3 (e) Charges for water above. The said minimum rates shall be subject to increases from time to time as be deemed fit and any other utilities consumed proper by the Allottee and/or attributable or relatable to Maintenance In- charge at its sole and absolute discretion after taking into consideration the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may beservices provided.
(f) All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect Proportionate share of the Allotted Apartment or operation, fuel and maintenance cost of the sale thereof as sale permission fee or generator proportionate to the Project and whether demanded from or payable load taken by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofAllottee.
(g) The Allottee shall also be liable to pay applicable Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Allottee as per prevalent rates.
(h) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of paymentof all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Agreement for Sale
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following expenses and outgoings:-outgoings: -
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH FOURTH SCHEDULE hereinabove written) to the Maintenance In-In- charge from time to time. In particular and without prejudice Such maintenance charges will be computed on the basis of actual expenses incurred/to the generality of the foregoing, the Allottee shall pay to be incurred by the Maintenance In-charge, Charge. The maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of shall be subject to revision from time to time as be deemed fit and proper by the of Maintenance In-charge at its sole and absolute discretion after taking into consideration the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written common services provided and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “theexpenses incurred.
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) 4 KVA power for 4 BHK Apartment and 3 KVA for 3 BHK Apartment to be provided to the Allotted Apartment during power failure/load shedding from the Diesel Generator SetsSet. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for on the Apartments consumed by the Allottee basis of power allotted in the Allotted Apartment as recorded through a meter or shall be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-In- charge.
(dc) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Corporation. Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said Premises.
(ed) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, Appurtenances wholly and if in common with the other Apartment AcquirersAcquirers proportionately, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(fe) All other taxes impositions levies cess fees taxes, impositions, levies, cess, fees, expenses and outgoings, betterment fees, development charges and/or levies under any statute statute, rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project and whether demanded from or payable by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part Common Areas thereof.
(gf) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes payments, rates, taxes, impositions and/or outgoings.
(hg) All penalty surcharge interest costs penalty, surcharge, interest, costs, charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes rates, taxes, impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims losses, damages, costs, claims, demands and proceedings as may be suffered by them or any of them due to non- non-payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two three (23) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Real Estate Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”): -
(ai) Property tax and/or Municipal rates and taxes and water tax, (if any) assessed on or in respect of the Designated Apartment directly to the Municipality, BLLRO and/or any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land.
(ii) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute, rules or regulations whether existing or as may be imposed or levied at any time in future on in respect of the Designated Apartment or any component thereof or the Building or the Project Land and whether demanded from or payable by the Allottee or the Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
(iii) Electricity charges for electricity consumed in or relating to the Unit.
(iv) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-Owner, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(v) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART-VI of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @Rs.3/- @ Rs. /- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges Unit Area for electricity consumed in or relating to the Allotted Apartment.
(c) CAM. The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges said minimum rates shall be calculated taking into account the costs (both fixed subject to revision from time to time as be deemed fit and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed proper by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge at its sole and absolute discretion after taking into consideration the proportionate share of all such rates and taxes assessed on the said Premisescommon services provided.
(evi) Charges for water Proportionate share of the operation, fuel and any other utilities consumed maintenance cost of the generator proportionate to the load taken by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may beAllottee.
(fvii) All Goods and Service Tax and all other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or overheads in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project aforesaid outgoings and whether demanded from or taxes payable by the Allottee or as per the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofprevalent rates.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(hviii) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 11.13.1 All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Unit Provided That any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofthereof and the Allottee shall bear and pay the same accordingly and without any delay, demur or default and without raising any objection of any nature whatsoever. Part payment will not be accepted after the due dates.
2.2 11.13.2 The maintenance charges do not include any payment or contribution towards the Club Facility payable by the Allottee as per stipulations made elsewhere in this agreement therefor. The maintenance charges does not also include the costs and expenses for major repair, replacement, reinstatement etc., of the Common Areas and the Allottee shall be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Maintenance-In-Charge from time to time. Furthermore, the maintenance charges and all such payments shall be made by the Allottee irrespective of whether or not the Allottee uses or is entitled to or is able to use all or any of the Common Areas and any non-user or non-requirement thereof shall not be claimed as a ground for the non-payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Allottee.
11.13.3 The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date.
11.13.4 In the event of the Allotted Apartment Allottee failing and/or neglecting or refusing to make payment or deposits of the maintenance charges or any other amounts payable by the Promoter Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Maintenance-in-charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears. Without prejudice to the liability of the Allottee to pay interest as aforesaid, in case the failure and/or default in any payment by the Allottee for two months then until such payment with applicable interest, the Allottee and persons deriving rights through him shall be debarred from the benefits of use of the common facilities and the membership and use of the Club Facility shall be suspended and the Maintenance- in-charge and Manager shall be entitled to withhold and stop all utilities and facilities (including electricity, lifts, generators, water, etc.,) to the Allottee and his employees guests agents tenants or from licensees and/or the expiry Designated Apartment. It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the continuing liabilities of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in respect of payment of the Taxes and Outgoings and applicable interest during the period of such debar, suspension, withholding or stoppage.
11.13.5 The Allottee shall be and remain responsible for and to indemnify the Owners, the Promoter and the Association against all damages costs claims demands and proceedings occasioned to the Land or any other part of the Building at the Project or to any person due to negligence or any act deed or thing made done or occasioned by the Allottee and shall also indemnify the Owners and the Promoter against all actions claims proceedings costs expenses and demands made against or suffered by the Owners and/or the Promoter as a result of any act omission or negligence of the Allottee or the servants agents licensees or invitees of the Allottee and/or any breach or non-observance non-fulfillment or non-performance of the terms of clause 7.2 of Section III hereinabove, whichever and conditions hereof to be earlierobserved fulfilled and performed by the Allottee.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself himself/herself/their selves/itself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(di) Property tax, municipal tax and/or Municipal rates and taxes and/or other taxes/levies and water tax, (if any, ,) assessed on or in respect of the Allotted Apartment Apartment/ Retail Unit and Car Parking Space (if any) and/or any other component related to the Apartment/ Retail Unit directly to the Kolkata Municipal Corporation Provided That KMC and any other appropriate authority provided that so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Promoter/Maintenance In-charge Agency/Association the proportionate share of all such rates and taxes assessed on the said PremisesSaid Land.
(eii) Charges for water water, and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment Apartment/ Retail Unit against demands made by the concerned authorities and/or the Promoter/Maintenance In-charge Agency/Association and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its AppurtenancesApartment/ Retail Unit or any part thereof, wholly and if in common with the other Apartment AcquirersAllottees, proportionately to the Promoter/Maintenance In-charge Agency/Association or the appropriate authorities as the case may be.
(fiii) All Proportionate share of all Common Expenses (morefully detailed in Schedule F) to the Promoter/Maintenance Agency/Association from time to time payable for the Project Common Areas and [Residential Block Common Areas or Commercial Block Common Areas and/or Commercial Block Limited Common Areas]. The rates of the Common Expenses (morefully detailed in Schedule F) shall be subject to revision from time to time as be deemed fit and proper by the Promoter/Maintenance Agency/Association at its sole and absolute discretion after taking into consideration the common services provided.
(iv) Parking facility maintenance charges for Parking Spaces to be decided later by the Promoter and/or the Association.
(v) Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
(vi) Goods and Service Tax and all other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or overheads in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project aforesaid outgoings and whether demanded from or taxes payable by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofas per prevalent rates.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(hvii) All penalty surcharge interest costs surcharge, interest, costs, charges and expenses together with applicable taxes arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes rates, taxes, impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall(viii) The Block Maintenance Charges/ Project Maintenance Charges does not include the costs and expenses for major repair, in case the same be monthly paymentsreplacement, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days reinstatement etc., of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee Project Common Areas and [Residential Block Common Areas or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default Commercial Block Common Areas and/or Commercial Block Limited Common Areas] and the Allottee shall indemnify and keep indemnified be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Promoter and Promoter/Maintenance Agency/Association from time to time. Furthermore, the Maintenance-in-Charge Block Maintenance Charges/ Project Maintenance Charges and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may such payments shall be suffered made by them the Allottee irrespective of whether or any of them due not the Allottee uses or is entitled to non- payment or delay in payment of is able to use all or any of such amounts the Project Common Areas and outgoings. Any discrepancy [Residential Block Common Areas or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment Commercial Block Common Areas and/or Commercial Block Limited Common Areas] and any non-user or non-requirement thereof shall not be withnor be claimed to be a ground for non-held payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofAllottee.
2.2 (ix) The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date (defined below).
(x) In the event of the Allotted Apartment Allottee failing and/or neglecting or refusing to make payment or deposits of the Block Maintenance Charges/ Project Maintenance Charge or any other amounts payable by the Promoter Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Promoter/Maintenance Agency/Association, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears and without prejudice to the liability of the Allottee to pay interest as aforesaid, in case the failure and/or default in any payment by the Allottee for 2 (two) months then until such payment with applicable interest, the Allottee and persons deriving rights through him shall be debarred from the benefits of use of the common facilities and amenities and the Promoter/Maintenance Agency/Association shall be entitled to withhold and stop all utilities and facilities (including electricity, lifts, generators, water, etc.,) to the Allottee and his/her/their/it employees, guests, agents, tenants or from the expiry of two (2) months from the date licenses in respect of the Promoter giving Apartment/ Retail Unit. It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the Notice for Possession to continuing liabilities of the Allottee in respect of payment of the Taxes and Outgoings and applicable interest during the period of such debar, suspension, withholding or stoppage.
(xi) The Allottee shall be and remain responsible for and to indemnify the Transferors and the Association against all damages costs claims demands and proceedings occasioned to the Project and/or any other part of the Building at the Project or to any person due to negligence or any act, deed or thing made done or occasioned by the Allottee and shall also indemnify the Transferors against all actions, claims, proceedings, costs, expenses and demands made against or suffered by the Transferors as a result of any act, omission and/or negligence of the Allottee and/or the servants, agents, licensees or invitees of the Allottee and/or any breach and/or non-observance and/or non-fulfilment and/or non-performance of the terms of clause 7.2 of Section III hereinabove, whichever and conditions hereof to be earlierobserved fulfilled and performed by the Allottee.
Appears in 1 contract
Samples: Deed of Conveyance
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”): -
(ai) Property tax and/or Municipal rates and taxes and water tax, (if any) assessed on or in respect of the Designated Apartment directly to the Municipality, BLLRO and/or any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land and/or the Whole Complex Land.
(ii) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute, rules or regulations whether existing or as may be imposed or levied at any time in future on in respect of the Designated Apartment and/or any component thereof and/or the Building and/or the Project Land and/or the Whole Complex and whether demanded from or payable by the Allottee or the Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building and/or the Project Land and/or the Whole Complex Land or any part thereof.
(iii) Electricity charges for electricity consumed in or relating to the Unit.
(iv) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co- Owner, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(v) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART-VIII of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @Rs.3/- @ Rs. /- (Rupees three) only per Square foot per month of the of Unit Area for CAM. The said minimum rates shall be subject to revision from time to time as be deemed fit and proper by the sum total of Maintenance In- charge at its sole and absolute discretion after taking into consideration the common services provided.
(avi) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and Parking Facility Maintenance Charges amounting to Rs. /- per annum per Parking Facility, if any.
(bvii) the estimated proportionate Proportionate share of the Common Areas operation, fuel and Common Facilities attributable maintenance cost of the generator proportionate to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to load taken by the Allotted ApartmentAllottee.
(cviii) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed Goods and variable, including the cost of diesel, consumables Service Tax and all other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or overheads in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates aforesaid outgoings and taxes assessed on the said Premises.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project and whether demanded from or payable by the Allottee or as per the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofprevalent rates.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(hix) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 11.13.1 All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-In- charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Unit Provided That any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofthereof and the Allottee shall bear and pay the same accordingly and without any delay, demur or default and without raising any objection of any nature whatsoever. Part payment will not be accepted after the due dates.
2.2 11.13.2 The maintenance charges do not include any payment or contribution towards the Recreation Centre/Club payable by the Allottee as per stipulations made elsewhere in this agreement therefor. The maintenance charges does not also include the costs and expenses for major repair, replacement, reinstatement etc., of the Common Areas and the Allottee shall be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Maintenance-In-Charge from time to time. Furthermore, the maintenance charges and all such payments shall be made by the Allottee irrespective of whether or not the Allottee uses or is entitled to or is able to use all or any of the Common Areas and any non-user or non-requirement thereof shall not be claimed as a ground for the non- payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Allottee.
11.13.3 The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date.
11.13.4 In the event of the Allotted Apartment Allottee failing and/or neglecting or refusing to make payment or deposits of the maintenance charges or any other amounts payable by the Promoter Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Maintenance-in-charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears. Without prejudice to the liability of the Allottee to pay interest as aforesaid, in case the failure and/or default in any payment by the Allottee for two months then until such payment with applicable interest, the Allottee and persons deriving rights through him shall be debarred from the benefits of use of the common facilities and the membership and use of the Recreation Centre/Club shall be suspended and the Maintenance-in-charge and Manager shall be entitled to withhold and stop all utilities and facilities (including electricity, lifts, generators, water, etc.,) to the Allottee and his employees guests agents tenants or from licensees and/or the expiry Designated Apartment. It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the continuing liabilities of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in respect of payment of the Taxes and Outgoings and applicable interest during the period of such debar, suspension, withholding or stoppage.
11.13.5 It is further agreed that the Promoter shall not be liable if there be any disconnection or interruption in the use of electricity, generator, water, and other utilities etc., owing to any nonpayment of bills and charges by the Allottee.
11.13.6 The Allottee shall be and remain responsible for and to indemnify the Owners, the Promoter and the Association against all damages costs claims demands and proceedings occasioned to the Land or any other part of the Building at the Project or to any person due to negligence or any act deed or thing made done or occasioned by the Allottee and shall also indemnify the Owners and the Promoter against all actions claims proceedings costs expenses and demands made against or suffered by the Owners and/or the Promoter as a result of any act omission or negligence of the Allottee or the servants agents licensees or invitees of the Allottee and/or any breach or non-observance non-fulfillment or non-performance of the terms of clause 7.2 of Section III hereinabove, whichever and conditions hereof to be earlierobserved fulfilled and performed by the Allottee.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself himself/herself/their selves/itself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(di) Property tax, municipal tax and/or Municipal rates and taxes and/or other taxes/levies and water tax, (if any, ,) assessed on or in respect of the Allotted Apartment and Car Parking Space (if any) and/or any other component related to the Apartment directly to the Kolkata Municipal Corporation Provided That KMC and any other appropriate authority provided that so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Promoter/Maintenance In-charge Agency/Association the proportionate share of all such rates and taxes assessed on the said PremisesSaid Land.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(fii) All other taxes impositions levies taxes, impositions, levies, cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute statute, rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment or the sale any component thereof as sale permission fee or the Project Building and/or the Common Areas, Amenities and Facilities and/or the Said Land, and whether demanded from or payable by the Allottee or the Promoter Promoter/Maintenance Agency/Association and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project Building or the Said Land or any part thereof.
(giii) Electricity charges for electricity consumed in or relating to the Apartment.
(iv) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Apartment against demands made by the concerned authorities and/or the Promoter/Maintenance Agency/Association and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Apartment or any part thereof, wholly and if in common with the other Allottees, proportionately to the Promoter/Maintenance Agency/Association or the appropriate authorities as the case may be.
(v) Proportionate share of all Common Expenses to the Promoter/Maintenance Agency/Association from time to time payable for the Project and the Common Areas, Amenities and Facilities. The Allottee rates of the Common Expenses shall also be liable subject to pay applicable revision from time to time as be deemed fit and proper by the Promoter/Maintenance Agency/Association at its sole and absolute discretion after taking into consideration the common services provided.
(vi) Parking facility maintenance charges for Parking Spaces to be decided later by the Promoter.
(vii) Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
(viii) Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Allottee as per prevalent rates.
(hix) All penalty surcharge interest costs surcharge, interest, costs, charges and expenses together with applicable taxes arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes rates, taxes, impositions and/or outgoings proportionately or wholly as the case may be.
2.1 (x) All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Promoter/Maintenance In-charge Agency/Association within the 7th (seventh) day of each and every month for which the same becomes due and otherwise within 7 (seven) days of the Promoter/Maintenance In-charge Agency/Association leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Apartment. Provided That any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofthereof and the Allottee shall bear and pay the same accordingly and without any delay, demur or default and without raising any objection or protest of any nature whatsoever. Part payment will not be accepted after the due dates.
2.2 (xi) The Maintenance Charges does not include the costs and expenses for major repair, replacement, reinstatement etc., of the Common Areas, Amenities and Facilities and the Allottee shall be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Promoter/Maintenance Agency/Association from time to time. Furthermore, the Maintenance Charges and all such payments shall be made by the Allottee irrespective of whether or not the Allottee uses or is entitled to or is able to use all or any of the Common Areas, Amenities and Facilities and any non-user or non-requirement thereof shall not be nor be claimed to be a ground for non-payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Allottee.
(xii) The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date (defined below).
(xiii) In the event of the Allotted Apartment Allottee failing and/or neglecting or refusing to make payment or deposits of the Maintenance Charges or any other amounts payable by the Promoter Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Promoter/Maintenance Agency/Association, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears and without prejudice to the liability of the Allottee to pay interest as aforesaid, in case the failure and/or default in any payment by the Allottee for 2 (two) months then until such payment with applicable interest, the Allottee and persons deriving rights through him shall be debarred from the benefits of use of the common facilities and amenities and the Promoter/Maintenance Agency/Association shall be entitled to withhold and stop all utilities and facilities (including electricity, lifts, generators, water, etc.,) to the Allottee and his/her/their/it employees, guests, agents, tenants or from the expiry of two (2) months from the date licencees in respect of the Promoter giving Apartment. It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the Notice for Possession to continuing liabilities of the Allottee in respect of payment of the Taxes and Outgoings and applicable interest during the period of such debar, suspension, withholding or stoppage.
(xiv) The Allottee shall be and remain responsible for and to indemnify the Transferors and the Association against all damages costs claims demands and proceedings occasioned to the Project and/or any other part of the Building at the Project or to any person due to negligence or any act, deed or thing made done or occasioned by the Allottee and shall also indemnify the Transferors against all actions, claims, proceedings, costs, expenses and demands made against or suffered by the Transferors as a result of any act, omission and/or negligence of the Allottee and/or the servants, agents, licensees or invitees of the Allottee and/or any breach and/or non-observance and/or non-fulfilment and/or non-performance of the terms of clause 7.2 of Section III hereinabove, whichever and conditions hereof to be earlierobserved fulfilled and performed by the Allottee.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”): -
(ai) Property tax and/or Municipal rates and taxes and water tax, (if any) assessed on or in respect of the Designated Apartment directly to the Municipality, BLLRO and/or any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land and/or the Whole Complex Land.
(ii) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute, rules or regulations whether existing or as may be imposed or levied at any time in future on in respect of the Designated Apartment and/or any component thereof and/or the Building and/or the Project Land and/or the Whole Complex and whether demanded from or payable by the Allottee or the Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building and/or the Project Land and/or the Whole Complex Land or any part thereof.
(iii) Electricity charges for electricity consumed in or relating to the Unit(including any applicable minimum charges and proportionate share of transmission loss).
(iv) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-Owner, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(v) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART- VIII of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @Rs.3/- @ Rs. (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges Unit Area for electricity consumed in or relating to the Allotted Apartment.
(c) CAM. The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges said minimum rates shall be calculated taking into account the costs (both fixed subject to revision from time to time as be deemed fit and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed proper by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-chargecharge at its sole and absolute discretion after taking into consideration the common services provided.
(dvi) Property taxProportionate share of all costs, municipal rates charges and taxes and water taxexpenses for management, if anymaintenance, assessed on or in respect administration, repair, replacement, painting, upgradation etc., of the Allotted Apartment directly Club Facility as made applicable by the Maintenance In-charge of the Club Facility from time to time. In particular and without prejudice to the Kolkata Municipal Corporation Provided That so long as generality of the Allotted Apartment is not assessed separately for the purpose of such rates and taxesforegoing, the Allottee shall pay to the Maintenance In-charge of the proportionate share of all such rates and taxes assessed on the said PremisesClub Facility, separate monthly club facility charges calculated @ Rs. (Rupee
(vii) Parking Facility Maintenance Charges amounting to Rs. /- per annum per Parking Facility, if any.
(eviii) Charges for water Proportionate share of the operation, fuel and any other utilities consumed maintenance cost of the generator proportionate to the load taken by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may beAllottee.
(fix) All Goods and Service Tax and all other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or overheads in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project aforesaid outgoings and whether demanded from or taxes payable by the Allottee or as per the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofprevalent rates.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(hx) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 11.13.1 All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Unit Provided That any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofthereof and the Allottee shall bear and pay the same accordingly and without any delay, demur or default and without raising any objection of any nature whatsoever. Part payment will not be accepted after the due dates.
2.2 11.13.2 The maintenance charges do not include any payment or contribution towards the Club Facility payable by the Allottee as per stipulations made elsewhere in this agreement therefor. The maintenance charges does not also include the costs and expenses for major repair, replacement, reinstatement etc., of the Common Areas and the Allottee shall be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Maintenance-In-Charge from time to time. Furthermore, the maintenance charges and all such payments shall be made by the Allottee irrespective of whether or not the Allottee uses or is entitled to or is able to use all or any of the Common Areas and any non-user or non-requirement thereof shall not be claimed as a ground for the non-payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Allottee.
11.13.3 The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date.
11.13.4 In the event of the Allotted Apartment Allottee failing and/or neglecting or refusing to make payment or deposits of the maintenance charges or any other amounts payable by the Promoter Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Maintenance-in-charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears. Without prejudice to the liability of the Allottee to pay interest as aforesaid, in case the failure and/or default in any payment by the Allottee for two months then until such payment with applicable interest, the Allottee and persons deriving rights through him shall be debarred from the benefits of use of the common facilities and the membership and use of the Club Facility shall be suspended and the Maintenance-in-charge and Manager shall be entitled to withhold and stop all utilities and facilities (including electricity, lifts, generators, water, etc.,) to the Allottee and his employees guests agents tenants or from licensees and/or the expiry Designated Apartment. It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the continuing liabilities of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in respect of payment of the Taxes and Outgoings and applicable interest during the period of such debar, suspension, withholding or stoppage.
11.13.5 It is further agreed that the Promoter shall not be liable if there be any disconnection or interruption in the use of electricity, generator, water, and other utilities etc., owing to any nonpayment of bills and charges by the Allottee.
11.13.6 The Allottee shall be and remain responsible for and to indemnify the Owners, the Promoter, the Confirming Party and the Association against all damages costs claims demands and proceedings occasioned to the Land or any other part of the Building at the Project or to any person due to negligence or any act deed or thing made done or occasioned by the Allottee and shall also indemnify the Owners and the Promoter and the Confirming Party against all actions claims proceedings costs expenses and demands made against or suffered by the Owners and/or the Promoter and/or the Confirming Party as a result of any act omission or negligence of the Allottee or the servants agents licensees or invitees of the Allottee and/or any breach or non- observance non-fulfillment or non-performance of the terms of clause 7.2 of Section III hereinabove, whichever and conditions hereof to be earlierobserved fulfilled and performed by the Allottee.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee Purchaser binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) 13.11.1 Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ) assessed on or in respect of the Allotted Designated Apartment directly to the Kolkata Municipal Corporation Municipality, BLLRO and/or any other appropriate authority Provided That so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee Purchaser shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesProject Land and/or the Whole Complex Land.
(e) 13.11.2 All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute, rules or regulations whether existing or as may be imposed or levied at any time in future on in respect of the Designated Apartment and/or any component thereof and/or the Building and/or the Project Land and/or the Whole Complex and whether demanded from or payable by the Purchaser or the Maintenance In-charge and the same shall be paid by the Purchaser wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building and/or the Project Land and/or the Whole Complex Land or any part thereof.
13.11.3 Electricity charges for electricity consumed in or relating to the Unit
13.11.4 Charges for water water, and any other utilities consumed by the Allottee Purchaser and/or attributable or relatable to the Allotted Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its AppurtenancesDesignated Apartment, wholly and if in common with the other Apartment AcquirersCo-Owner, proportionately to the Maintenance In-In- charge or the appropriate authorities as the case may be.
13.11.5 Proportionate share of all Common Expenses (fincluding those mentioned in SCHEDULE E hereto) All to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Purchaser shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @ Rs. /- (Rupees
13.11.6 Parking Facility Maintenance Charges amounting to Rs. /- per annum per Parking Facility, if any.
13.11.7 Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Purchaser.
13.11.8 Goods and Service Tax and all other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or overheads in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project aforesaid outgoings and whether demanded from or taxes payable by the Allottee or Purchaser as per the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofprevalent rates.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(h) 13.11.9 All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee Purchaser in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Conveyance Deed
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Property tax and/or Municipal rates and taxes and water tax, (if any) assessed on or in respect of the Unit, Parking Facility and/or Designated Apartment directly to the Howrah Municipal Corporation, BLLRO and any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land.
(b) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Designated Apartment or any component thereof or the Building or the Project Land and whether demanded from or payable by the Allottee or the Maintenance In- charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
(c) Electricity charges for electricity consumed in or relating to the Unit directly to the CESC Limited in respect of the individual meter for the Unit. It is clarified that in case temporary electricity connection is provided by the Promoter to the Allottee in respect of the Unit, then the Allottee shall be liable to pay to the Promoter or person nominated by the Promoter, the electricity Charges for the electricity consumed or allocated (whichever be higher) for the said Unit at the rates which shall be charged by the CESC Limited alongwith service charge equivalent to 20% of such electricity charges. Such electricity and related charges for the temporary electricity connection for the Unit shall be payable within 7 days of receiving the bills raised by the Promoter/its nominee in respect thereof.
(d) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment or any part thereof, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(e) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART-VII of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- @ Rs. (Rupees three….) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment Unit Area for CAM mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said Premises.
clause 11.5.3 (e) Charges for water above. The said minimum rates shall be subject to increases from time to time as be deemed fit and any other utilities consumed proper by the Allottee and/or attributable or relatable to Maintenance In- charge at its sole and absolute discretion after taking into consideration the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may beservices provided.
(f) All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect Proportionate share of the Allotted Apartment or operation, fuel and maintenance cost of the sale thereof as sale permission fee or generator proportionate to the Project and whether demanded from or payable load taken by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofAllottee.
(g) The Allottee shall also be liable to pay applicable Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Allottee as per prevalent rates.
(h) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Agreement for Sale
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following expenses and outgoings:-outgoings: -
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH FOURTH SCHEDULE hereinabove written) to the Maintenance In-charge In -charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- @Rs. 3/ - (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up built -up area of the Allotted Apartment Designated Unit mentioned in Part-I Part -I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities Installations attributable to the Allotted ApartmentDesignated Unit, being «Common_Area» Square feet, aggregating to «SBA» Square feet (herein referred to as “thethe Maintenance Chargeable Area” ). The maintenance charges shall be subject to revision from time to time as be deemed fit and proper by the Maintenance In-charge at its sole and absolute discretion after taking into consideration the common services provided and expenses incurred.
(b) Electricity charges for electricity consumed in or relating to the Allotted ApartmentDesignated Unit.
(c) The charges for provision of back-up back -up power to the extent of 1 01 (one) KVA for Watt per sq. ft. of built up area of the Allotted Apartment Designated Unit during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly accord ingly on the Allottee proportionately for the Apartments units consumed by the Allottee in the Allotted Apartment Designated Unit as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-chargeIn -charge.
(d) Property taxt ax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment Designated Unit and its Appurtenances directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment Designated Unit is not assessed separately for the purpose purpos e of such rates and taxes, the Allottee shall pay to the Maintenance In-charge In -charge the proportionate share of all such rates and taxes assessed on the said Premises.
(e) Charges for water and any other utilities consumed by the Allottee and/or and/ or attributable or relatable to the Allotted Apartment Designated Unit and/ or its Appurtenances against demands made by the concerned authorities and/or and/ or the Maintenance In-charge In -charge and in using enjoying and/or and/ or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or Designated Unit and/ or its Appurtenances, wholly and if in common with the other Apartment AcquirersAllottees, proportionately to the Maintenance In-charge In -charge or the appropriate authorities as the case may be.
(f) All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment Designated Unit or the sale thereof as sale permission fee or the Project Building Complex and whether demanded from or payable by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment Designated Unit and/ or the Appurtenances and proportionately in case the same relates to the Project Building Complex or any part thereof.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or and/ or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or and/ or outgoings.
(h) All penalty surcharge interest costs c osts charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or and/ or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Unit Sale Agreement
Taxes and Outgoings. The Allottee Purchaser binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) 13.11.1 Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ) assessed on or in respect of the Allotted Designated Apartment directly to the Kolkata Municipal Corporation Municipality, BLLRO and/or any other appropriate authority Provided That so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee Purchaser shall pay to the Maintenance In-In- charge the proportionate share of all such rates and taxes assessed on the said PremisesProject Land.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) 13.11.2 All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Designated Apartment or any component thereof or the sale thereof as sale permission fee Building or the Project Land and whether demanded from or payable by the Allottee Purchaser or the Promoter Maintenance In-charge and the same shall be paid by the Allottee Purchaser wholly in case the same relates to the Allotted Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
13.11.3 Electricity charges for electricity consumed in or relating to the Unit
13.11.4 Charges for water, and other utilities consumed by the Purchaser and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
13.11.5 Proportionate share of all Common Expenses (gincluding those mentioned in SCHEDULE E hereto) The Allottee to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Purchaser shall also be liable pay to pay applicable the Maintenance In-charge, recurring monthly maintenance charges calculated @ Rs. /- (Rupees
13.11.6 Parking Facility Maintenance Charges amounting to Rs. /- per annum per Parking Facility, if any.
13.11.7 Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Purchaser.
13.11.8 Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Purchaser as per the prevalent rates.
(h) 13.11.9 All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee Purchaser in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Conveyance Deed
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Property tax and/or Municipal rates and taxes and water tax, (if any,) assessed on or in respect of the Unit, Parking Facility and/or Designated Apartment directly to the Howrah Municipal Corporation, BLLRO and any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land.
(b) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Designated Apartment or any component thereof or the Building or the Project Land and whether demanded from or payable by the Allottee or the Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
(c) Electricity charges for electricity consumed in or relating to the Unit directly to the CESC Limited in respect of the individual meter for the Unit. It is clarified that in case temporary electricity connection is provided by the Promoter to the Allottee in respect of the Unit, then the Allottee shall be liable to pay to the Promoter or person nominated by the Promoter, the electricity Charges for the electricity consumed or allocated (whichever be higher) for the said Unit at the rates which shall be charged by the CESC Limited alongwith service charge equivalent to 20% of such electricity charges. Such electricity and related charges for the temporary electricity connection for the Unit shall be payable within 7 days of receiving the bills raised by the Promoter/its nominee in respect thereof.
(d) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment or any part thereof, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(e) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART-VII of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- @ Rs. 2.50 (Rupees threeTwo and paise fifty) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment Unit Area for CAM mentioned in Part-I of the Second Schedule hereinabove written and clause 11.5.3 (be) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) above. The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges said minimum rates shall be calculated taking into account the costs (both fixed subject to increases from time to time as be deemed fit and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed proper by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge at its sole and absolute discretion after taking into consideration the proportionate share of all such rates and taxes assessed on the said Premises.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may beservices provided.
(f) All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect Proportionate share of the Allotted Apartment or operation, fuel and maintenance cost of the sale thereof as sale permission fee or generator proportionate to the Project and whether demanded from or payable load taken by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofAllottee.
(g) The Allottee shall also be liable to pay applicable Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Allottee as per prevalent rates.
(h) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”):-
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) a. Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ,) assessed on or in respect of the Allotted Apartment Unit and/or any component related to the said Villa directly to the Kolkata local Panchayet, Municipal Corporation Authority, BLLRO and any other appropriate authority Provided That that so long as the Allotted Apartment same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesLand.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) b. All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment said Unit or any component thereof or the sale thereof as sale permission fee or the Project said Land and whether demanded from or payable by the Allottee or the Promoter Maintenance In charge and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment said Villa and proportionately in case the same relates to the Project Villas or the said Land or any part thereof.
(g) The c. Electricity charges for electricity consumed in or relating to the Residential Complex/ Flats .
d. Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Unit against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Unit or any part thereof, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case maybe.
e. Proportionate share of all Common Expenses to the Maintenance In charge/Maintenance Agency from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall also pay to the Maintenance In-charge, Maintenance charges as demanded by the Promoter Or on actual whichever is higher. The said minimum rates shall be liable subject to pay applicable revision from time to time as be deemed fit and proper by the Maintenance In Charge at its sole and absolute discretion after taking into consideration the common services provided.
f. Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
g. Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoingspayable by the Allottee as per prevalent rates.
(h) h. All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may bemaybe.
2.1 11.8.1. All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Unit Provided that any delayamount
11.8.2. The maintenance charges does not include the costs and expenses for major repair, demur or default replacement, reinstatement etc., of the Common Areas and the Allottee shall indemnify and keep indemnified be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Promoter and the Maintenance-inMaintenance In-Charge from time to time. Furthermore, the maintenance charges and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may such payments shall be suffered made by them the Allottee irrespective of whether or any of them due not the Allottee uses or is entitled to non- payment or delay in payment of is able to use all or any of such amounts the Common Areas and outgoings. Any discrepancy any non-user or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment non-requirement thereof shall not be withclaimed to be a ground for non-held payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofAllottee.
2.2 11.8.3. The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date.
11.8.4. In the event of the Allotted Apartment Allottee failing and/or neglecting or refusing to make payment or deposits of the maintenance charges or any other amounts payable by the Promoter Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Maintenance-in- charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears. Without prejudice to the liability of the Allottee to pay interest as afore said, in case the failure and/ or default in any payment by the Allottee for two months then until such payment with applicable interest, the Allottee and persons deriving rights through him shall be debarred from the benefits of use of the common facilities and amenities and the Maintenance- in-charge shall be entitled to withhold and stop all utilities and facilities (including electricity, generators, water, etc.,) to the Allottee and his employees guests agents tenants or from licenses and/or the expiry said Residental units/ flats It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the continuing liabilities of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms respect of clause 7.2 payment of Section III hereinabovethe Taxes and Outgoings and applicable interest during the period of such debar, whichever suspension, withholding or stoppage.
11.8.5. The Allottee shall be earlier.and remain responsible for and to indemnify the Owners, the Promoter and the Association against all damages costs claims demands and proceedings occasioned to the premises or any other part of the Project or to any person due to negligence or any act deed or thing made done or occasioned by the Allottee and shall also indemnify the Owners and the Promoter against all actions claims proceedings costs expenses and demands made against or suffered by the Owners and/or the Promoter as a result of any act omission or Negligence of the Allottee or the servants agents licensees or invitees of the
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee Purchaser binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-
outgoings (a) Proportionate share of all Common Expenses (including those mentioned in FIFTH SCHEDULE hereinabove written) to the Maintenance In-charge from time to time. In particular “Taxes and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment mentioned in Part-I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Outgoings”): Property tax, municipal tax and/or Municipal rates and taxes and water tax, (if any, ) assessed on or in respect inrespect of the Allotted Designated Apartment directly to the Kolkata Municipal Corporation Municipality, BLLRO and/or any other appropriate authority Provided That so long as the Allotted Apartment same is not assessed separately for separatelyfor the purpose of such rates and taxes, the Allottee Purchaser shall pay to the Maintenance In-In- charge the proportionate share of all such rates and taxes assessed on the said Premises.
(e) Charges for water and any other utilities consumed by the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Allotted Apartment and/or its Appurtenances, wholly and if in common with the other Apartment Acquirers, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(f) Project Land. All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Designated Apartment or any component thereof or the sale thereof as sale permission fee Building or the Project Land and whether demanded from or payable by the Allottee Purchaser or the Promoter Maintenance In-charge and the same shall be paid by the Allottee Purchaser wholly in case the same relates to the Allotted Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
. Electricity charges for electricity consumed in or relating to the Unit Charges for water, and other utilities consumed by the Purchaser and/or attributable orrelatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-owners, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be. Proportionate share of all Common Expenses (gincluding those mentioned in SCHEDULE E hereto) The Allottee to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Purchaser shall also be liable pay to pay applicable the Maintenance In-charge, recurring monthly maintenance charges calculated @ Rs. /- (Rupees Parking Facility Maintenance Charges amounting to Rs. /- per annum per ParkingFacility, if any. Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Purchaser. Goods and Services Service Tax and/or and all other taxes which are now or may hereafter become payable on any overheads in respect of the aforesaid rates outgoings and taxes impositions and/or outgoings.
(h) payable by the Purchaser as per the prevalent rates. All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee Purchaser in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may casemay be.
2.1 . All payments mentioned in this Schedule to be made by the Purchaser shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee Purchaser or in the letter box in the ground floor earmarked for the Allotted Apartment without Unit Provided That any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee Purchaser directly to any authority shall always be paid by the Allottee Purchaser within the stipulated due date in respect thereofthereof and the Purchaser shall bear and pay the same accordingly and without any delay, demur or default and without raising any objection of any nature whatsoever. Part payment will not be accepted after the due dates. The maintenance charges do not include any payment or contribution towards the ActivityCentre payable by the Purchaser as per stipulations made elsewhere in this Deed therefor. The maintenance charges does not also include the costs and expenses for major repair, replacement, reinstatement etc.
2.2 , of the Common Areas and the Purchaser shall be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the Maintenance-In-Charge from time to time. Furthermore, the maintenance charges and all such payments shall be made by the Purchaser irrespective of whether or not the Purchaser uses or is entitled to or is able to use all or any of the Common Areas and any non user or non requirement thereof shall not be nor be claimed to be a ground for non payment or decrease in the liability of payment of the proportionate share of the Common Expenses by the Purchaser. The liability of the Allottee Purchaser to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue witheffect from (hereinafter referred to as “the Liability Commencement Date”). In the event of the Purchaser failing and/or neglecting or refusing to make payment or deposits of the maintenance charges or any other amounts payable by the Purchaser under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Purchaser hereunder, the Purchaser shall be liable to pay to the Maintenance-in-charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears. Without prejudice to the liability of the Purchaser to pay interest as aforesaid, in case the failure and/or default in any payment by the Purchaser for two months then until such payment with effect applicable interest, the Purchaser and persons deriving rights through him shall be debarred from the date benefits of delivery of possession use of the Allotted Apartment common facilities and the membership and use of the Activity Centre shall be suspended and the Maintenance-in-charge shall be entitled to withhold and stop all utilities and facilities (including electricity, lifts, generators, water, etc.,) to the Purchaser and his employees guests agents tenants or licencees and/or the Designated Apartment. It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the continuing liabilities of the Purchaser in respect of payment of the Taxes and Outgoings and applicable interest during the period of such debar, suspension, withholding or stoppage. It is further agreed that the Promoter shall not be liable if there be any disconnection or interruption in the use of electricity, generator, water, and other utilities etc., owing to any nonpayment of bills and charges by the Purchaser. The Purchaser shall be and remain responsible for and to indemnify the Vendors, the Promoter and the Association against all damages costs claims demands and proceedings occasioned to the Allottee Land or from the expiry of two (2) months from the date any other part of the Buildings at the Project or to any person due to negligence or any act deed or thing made done or occasioned by the Purchaser and shall also indemnify the Vendors and the Promoter giving against all actions claims proceedings costs expenses and demands made against or suffered by the Notice for Possession Vendors and/or the Promoter as a result of any act omission or negligence of the Purchaser or the servants agents licensees or invitees of the Purchaser and/or any breach or non-observance non- fulfillment or non-performance of the terms and conditions hereof to be observed fulfilled and performed by the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlierPurchaser.
Appears in 1 contract
Samples: Conveyance Deed
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following amounts, taxes, expenses and outgoings:-outgoings (“Taxes and Outgoings”): -
(ai) Property tax and/or Municipal rates and taxes and water tax, (if any) assessed on or in respect of the Designated Apartment directly to the Municipality, BLLRO and/or any other appropriate authority Provided That so long as the same is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the Project Land.
(ii) All other taxes impositions levies cess and outgoings, betterment fees, development charges and/or levies under any statute, rules or regulations whether existing or as may be imposed or levied at any time in future on in respect of the Designated Apartment or any component thereof or the Building or the Project Land and whether demanded from or payable by the Allottee or the Maintenance In-charge and the same shall be paid by the Allottee wholly in case the same relates to the Designated Apartment and proportionately in case the same relates to the Building or the Project Land or any part thereof.
(iii) Electricity charges for electricity consumed in or relating to the Unit.
(iv) Charges for water, and other utilities consumed by the Allottee and/or attributable or relatable to the Designated Apartment or any part thereof against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or for the Designated Apartment, wholly and if in common with the other Co-Owner, proportionately to the Maintenance In-charge or the appropriate authorities as the case may be.
(v) Proportionate share of all Common Expenses (including those mentioned in FIFTH PART-VI of SCHEDULE hereinabove writtenA hereto) to the Maintenance In-charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, recurring monthly maintenance charges calculated @Rs.3/- @ Rs. /- (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up area of the Allotted Apartment Unit Area for CAM mentioned in Part-I of the Second Schedule hereinabove written and clause 11.8.3 (bv) the estimated proportionate share of the Common Areas and Common Facilities attributable to the Allotted Apartment, being Square feet, aggregating to Square feet (herein referred to as “the
(b) Electricity charges for electricity consumed in or relating to the Allotted Apartment.
(c) above. The charges for provision of back-up power to the extent of 1 (one) KVA for the Allotted Apartment during power failure/load shedding from the Diesel Generator Sets. Such charges said minimum rates shall be calculated taking into account the costs (both fixed subject to revision from time to time as be deemed fit and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments consumed proper by the Allottee in the Allotted Apartment as recorded through a meter or be ascertained by such other suitable mechanism as may be so decided by the Promoter or the Maintenance In-charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge at its sole and absolute discretion after taking into consideration the proportionate share of all such rates and taxes assessed on the said Premisescommon services provided.
(evi) Charges for water and any other utilities consumed by In case the Allottee and/or attributable or relatable to the Allotted Apartment against demands made by the concerned authorities and/or the Maintenance In-charge and in using enjoying and/or availing any other utility or facility, if exclusively in or Purchaser has opted for the Allotted Apartment and/or its Appurtenancesdesignated Parking Facility, wholly and if in common with the other Apartment Acquirers, proportionately to Purchaser shall pay the Parking Facility Maintenance In-charge or the appropriate authorities as the case may beCharges calculated @ Rs. 1200/- per annum.
(fvii) All Proportionate share of the operation, fuel and maintenance cost of the generator proportionate to the load taken by the Allottee.
(viii) Goods and Service Tax and all other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or overheads in respect of the Allotted Apartment or the sale thereof as sale permission fee or the Project aforesaid outgoings and whether demanded from or taxes payable by the Allottee or as per the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or any part thereofprevalent rates.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or other taxes which are now or may hereafter become payable on any of the aforesaid rates taxes impositions and/or outgoings.
(hix) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings proportionately or wholly as the case may be.
2.1 11.13.1 All payments mentioned in this Schedule to be made by the Allottee shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without Unit Provided That any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereofthereof and the Allottee shall bear and pay the same accordingly and without any delay, demur or default and without raising any objection of any nature whatsoever. Part payment will not be accepted after the due dates.
2.2 11.13.2 The maintenance charges do not include any payment or contribution towards the Activity Centre payable by the Allottee as per stipulations made elsewhere in this agreement therefor. The maintenance charges does not also include the costs and expenses for major repair, replacement, reinstatement etc., of the Common Areas and the Allottee shall be bound to pay proportionate share of all expenses on account of such major repair, replacement, reinstatement etc., as be demanded by the
11.13.3 The liability of the Allottee to pay the aforesaid outgoings Taxes and impositions Outgoings shall accrue with effect from the date of delivery of possession Liability Commencement Date.
11.13.4 In the event of the Allotted Apartment Allottee failing and/or neglecting or refusing to make payment or deposits of the maintenance charges or any other amounts payable by the Promoter Allottee under these presents and/or in observing and performing the House Rules then without prejudice to the other remedies available against the Allottee hereunder, the Allottee shall be liable to pay to the Maintenance-in-charge, interest at the prescribed rate as per the Act or Rules on all the amounts in arrears. Without prejudice to the liability of the Allottee to pay interest as aforesaid, in case the failure and/or default in any payment by the Allottee for two months then until such payment with applicable interest, the Allottee and persons deriving rights through him shall be debarred from the benefits of use of the common facilities and the membership and use of the Activity Centre shall be suspended and the Maintenance-in-charge and Manager shall be entitled to withhold and stop all utilities and facilities (including electricity, lifts, generators, water, etc.,) to the Allottee and his employees guests agents tenants or from licensees and/or the expiry Designated Apartment. It is clarified that any debarring, suspension, withholding or stoppage as aforesaid shall not affect the continuing liabilities of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in respect of payment of the Taxes and Outgoings and applicable interest during the period of such debar, suspension, withholding or stoppage.
11.13.5 The Allottee shall be and remain responsible for and to indemnify the Owners, the Promoter and the Association against all damages costs claims demands and proceedings occasioned to the Land or any other part of the Building at the Project or to any person due to negligence or any act deed or thing made done or occasioned by the Allottee and shall also indemnify the Owners and the Promoter against all actions claims proceedings costs expenses and demands made against or suffered by the Owners and/or the Promoter as a result of any act omission or negligence of the Allottee or the servants agents licensees or invitees of the Allottee and/or any breach or non-observance non-fulfillment or non-performance of the terms of clause 7.2 of Section III hereinabove, whichever and conditions hereof to be earlierobserved fulfilled and performed by the Allottee.
Appears in 1 contract
Samples: Sale Agreement
Taxes and Outgoings. The Allottee binds himself and covenants to bear and pay and discharge the following expenses and outgoings:-outgoings: -
(a) Proportionate share of all Common Expenses (including those mentioned in FIFTH FOURTH SCHEDULE hereinabove written) to the Maintenance In-charge In -charge from time to time. In particular and without prejudice to the generality of the foregoing, the Allottee shall pay to the Maintenance In-charge, maintenance charges calculated @Rs.3/- @Rs. 3/ - (Rupees three) only per Square foot per month of the of the sum total of (a) the built-up built -up area of the Allotted Apartment Designated Unit mentioned in Part-I Part -I of the Second Schedule hereinabove written and (b) the estimated proportionate share of the Common Areas and Common Facilities Installations attributable to the Allotted ApartmentDesignated Unit, being «Common_Area» Square feet, aggregating to «SBA» Square feet (herein referred to as “thethe Maintenance Chargeable Area” ). The maintenance charges shall be subject to revision from time to time as be deemed fit and proper by the Maintenance In-charge at its sole and abso lute discretion after taking into consideration the common services provided and expenses incurred.
(b) Electricity charges for electricity consumed in or relating to the Allotted ApartmentDesignated Unit.
(c) The charges for provision of back-up back -up power to the extent of 1 01 (one) KVA for Wa tt per sq. ft. of built up area of the Allotted Apartment Designated Unit during power failure/load shedding from the Diesel Generator Sets. Such charges shall be calculated taking into account the costs (both fixed and variable, including the cost of diesel, consumables and other stores) of running and maintaining the DG Sets and shall be billed accordingly on the Allottee proportionately for the Apartments units consumed by the Allottee in the Allotted Apartment Designated Unit as recorded through a meter or be ascertained by such other suitable mechanism mechani sm as may be so decided by the Promoter or the Maintenance In-chargeIn -charge.
(d) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment Designated Unit and its Appurtenances directly to the Kolkata Municipal Corporation Provided That so long as the Allotted Apartment Designated Unit is not assessed separately for the purpose of such rates and taxes, the Allottee shall pay to the Maintenance In-charge In -charge the proportionate share of all such rates and taxes assessed on the said Premises.
(e) Charges for water wa ter and any other utilities consumed by the Allottee and/or and/ or attributable or relatable to the Allotted Apartment Designated Unit and/ or its Appurtenances against demands made by the concerned authorities and/or and/ or the Maintenance In-charge In -charge and in using enjoying and/or and/ or availing any a ny other utility or facility, if exclusively in or for the Allotted Apartment and/or Designated Unit and/ or its Appurtenances, wholly and if in common with the other Apartment AcquirersAllottees, proportionately to the Maintenance In-charge In -charge or the appropriate authorities as the case may be.
(f) All other taxes impositions levies cess fees expenses and outgoings, betterment fees, development charges and/or levies under any statute rules and regulations whether existing or as may be imposed or levied at any time in future on or in respect of the Allotted Apartment Designated Unit or the sale thereof as sale permission fee or the Project Building Complex and whether demanded from or payable by the Allottee or the Promoter and the same shall be paid by the Allottee wholly in case the same relates to the Allotted Apartment Designated Unit and/ or the Appurtenances and proportionately in case the same relates to the Project Building Complex or any part thereof.
(g) The Allottee shall also be liable to pay applicable Goods and Services Tax and/or and/ or other taxes which are now or may hereafter become payable on any of the aforesaid afor esaid rates taxes impositions and/or and/ or outgoings.
(h) All penalty surcharge interest costs charges and expenses arising out of any delay default or negligence on the part of the Allottee in payment of all or any of the aforesaid rates taxes impositions and/or outgoings and/ or ou tgoings proportionately or wholly as the case may be.
2.1 All payments mentioned in this Schedule shall, in case the same be monthly payments, be made to the Maintenance In-charge within the 7th day of each and every month for which the same becomes due and otherwise within 7 days of the Maintenance In-charge leaving its bill for the same at the above address of the Allottee or in the letter box in the ground floor earmarked for the Allotted Apartment without any delay, demur or default and the Allottee shall indemnify and keep indemnified the Promoter and the Maintenance-in-Charge and all other Apartment Acquirers for all losses damages costs claims demands and proceedings as may be suffered by them or any of them due to non- payment or delay in payment of all or any of such amounts and outgoings. Any discrepancy or dispute that the Allottee may have on such bills shall be sorted out within a reasonable time but payment shall not be with-held by the Allottee owing thereto. Any amount payable by the Allottee directly to any authority shall always be paid by the Allottee within the stipulated due date in respect thereof.
2.2 The liability of the Allottee to pay the aforesaid outgoings and impositions shall accrue with effect from the date of delivery of possession of the Allotted Apartment by the Promoter to the Allottee or from the expiry of two (2) months from the date of the Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier.
Appears in 1 contract
Samples: Sale Deed
