Common use of Taxes and Outgoings Clause in Contracts

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 Fourth 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.2/= (Rupees two) only per Square foot per month of the Super Built-up Area of the Allotted Apartment mentioned in the Second Schedule hereunder written (hereinafter referred to as “the Common Area Maintenance Charges” or ”CAM Charges”). It is expressly agreed and clarified that the said minimum rate is based on the costs, charges and expenses as are required to be incurred as on November 2022 for providing and maintaining the essential services in the Project and the same 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 expenses incurred for providing and maintaining essential common services to the Apartment Acquirers. It is clarified that such minimum rate of maintenance charge does not include carrying out of any major repair, replacement, renovation or like of the Common Areas or the Common Installations (including painting of the exterior of the Building) and the same shall be borne proportionately by the Allottee separately and paid to the Maintenance In-charge. (b) The charges for provision of back-up power to the extent of Xxxxx power mentioned in Item No. 3 of Clause 1.2.2 of Section-III of this agreement to be provided to the Allotted Apartment during power failure/load shedding from the Diesel Generator Set. 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 be billed accordingly on the Allottee proportionately on the basis of power allotted in the Allotted Apartment or shall be ascertained by such other suitable mechanism as may be so decided by the Developer/Promoter or the Maintenance In-charge. (c) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Arambagh Municipality Provided. That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee is liable to and shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said Premises. (a) 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. (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 by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or the Common Areas thereof. (c) 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 payments rates taxes impositions and/or outgoings. (d) 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 in any event shall be liable to indemnify and keep saved harmless and indemnified the Developers/Promoters, the Association 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 Developer/Promoter to the Allottee or from the expiry of 60 days from the date of the Developer/Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier. (House Rules for the user of the Allotted Apartment) 1. Right of Allottee to use Common Areas and essential services: (a) The Allottee doth hereby agree and confirm to acquire the Apartment on the specific understanding that his right to the use of Common Areas and availing the essential services provided and maintained by the Maintenance In-charge shall be subject to timely payment of CAM Charges, as billed in terms hereof by the Developer/Promoter or Facility Maintenance Agency or the Association of the Allottees as the case may be and performance by the Allottee of all his obligations in respect of the terms and conditions contained in this agreement and specified by the Maintenance In charge or the Association of Allottees from time to time. (b) The Allottee acknowledges that upkeep of the Common Areas and availing the essential services provided maintained by the Maintenance In-charge is for the benefit of all the Apartment Acquirers in the Project and non-payment thereof by the Allottee would adversely affect the services and maintenance and/or interest of the other Apartment Owner and as such in the event of any default on the part of the Allottee in making timely payment of such CAM Charges, the Allottee shall be liable to pay interest at the rate of 18% per annum on the amounts remaining outstanding. And if such default shall continue for a period of three (3) months then and in that event the Allottee shall not be entitled to avail of any of the facilities and/or utilities available to the Allottee and the Maintenance In-charge(whether it be the Developer/Promoter and/or Facility Maintenance Agency and/or the Associations of the Allottees as the case may be) shall be entitled to and the Allottee hereby consents: (i) to withdraw the lift facilities and other common services and/or facilities to the Allotted Apartment of the Allottee and/or to the members of its family including the Allottee’s visitors, servants and agents; (ii) to demand and directly realize rent and/or other amounts becoming payable to the Allottee by any tenant or licensee or other occupant in respect of the Allotted Apartment. (iii) to disrupt the supply of water and/or power back-up through the generator in the Allotted Apartment of the Allottee etc. (iv) to claim all expenses including attorney’s fees paid and/or incurred by the Maintenance In-charge in respect of any proceedings brought about to realize such unpaid CAM Charges or to enforce any lien in respect of such unpaid CAM Charges. And such services and/or facilities shall not be restored until such time the Allottee has made payment of all the amounts lying in arrears together with interest accrued at the aforesaid rate and the cost charges and expenses incurred by the Maintenance In-charge for disconnecting or disrupting such services and/or facilities and also for restoring the same.

Appears in 1 contract

Samples: Sale Agreement

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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 Fourth 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.2/= Rs.2.50 (Rupees twotwo and paisa fifty) only per Square foot per month of the Super Builtsuper built-up Area area of the Allotted Apartment mentioned in the Second Schedule hereunder written Apartment, being square feet (hereinafter referred to as “the Common Area Maintenance Charges” or ”or” CAM Charges”). It is expressly agreed and clarified that the said minimum rate is based on the costs, charges and expenses as are required to be incurred as on November 2022 in October 2023 for providing and maintaining the essential services in the Project and the same shall be subject to revision at the time of delivery of possession of Allotted Apartment to the Allottee and from time to time thereafter as be deemed fit and proper by the Maintenance In-charge at its sole and absolute discretion after taking into consideration the expenses incurred for providing and maintaining essential common services to the Apartment Acquirers. It is clarified that such minimum rate of maintenance charge does not include carrying out of any major repair, replacement, renovation or like of the Common Areas or the Common Installations (including painting of the exterior of the Building) and the same shall be borne proportionately by the Allottee separately and paid to the Maintenance In-charge. (b) The charges for provision of back-up power to the extent of Xxxxx power mentioned in Item No. 3 of Clause 1.2.2 of Section-III of this agreement to be provided to the Allotted Apartment during power failure/load shedding from the Diesel Generator Set. 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 be billed accordingly on the Allottee proportionately on the basis of power allotted in the Allotted Apartment or shall be ascertained by such other suitable mechanism as may be so decided by the Developer/Promoter or the Maintenance In-charge. (c) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Arambagh Municipality Provided. That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee is liable to and shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said Premises. (a) 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. (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 by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or the Common Areas thereof. (c) 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 payments rates taxes impositions and/or outgoings. (d) 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 in any event shall be liable to indemnify and keep saved harmless and indemnified the Developers/Promoters, the Association 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 Developer/Promoter to the Allottee or from the expiry of 60 days from the date of the Developer/Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier. (House Rules for the user of the Allotted Apartment) 1. Right of Allottee to use Common Areas and essential services: (a) The Allottee doth hereby agree and confirm to acquire the Apartment on the specific understanding that his right to the use of Common Areas and availing the essential services provided and maintained by the Maintenance In-charge shall be subject to timely payment of CAM Charges, as billed in terms hereof by the Developer/Promoter or Facility Maintenance Agency or the Association of the Allottees as the case may be and performance by the Allottee of all his obligations in respect of the terms and conditions contained in this agreement and specified by the Maintenance In charge or the Association of Allottees from time to time. (b) The Allottee acknowledges that upkeep of the Common Areas and availing the essential services provided maintained by the Maintenance In-charge is for the benefit of all the Apartment Acquirers in the Project and non-payment thereof by the Allottee would adversely affect the services and maintenance and/or interest of the other Apartment Owner and as such in the event of any default on the part of the Allottee in making timely payment of such CAM Charges, the Allottee shall be liable to pay interest at the rate of 18% per annum on the amounts remaining outstanding. And if such default shall continue for a period of three (3) months then and in that event the Allottee shall not be entitled to avail of any of the facilities and/or utilities available to the Allottee and the Maintenance In-charge(whether it be the Developer/Promoter and/or Facility Maintenance Agency and/or the Associations of the Allottees as the case may be) shall be entitled to and the Allottee hereby consents: (i) to withdraw the lift facilities and other common services and/or facilities to the Allotted Apartment of the Allottee and/or to the members of its family including the Allottee’s visitors, servants and agents; (ii) to demand and directly realize rent and/or other amounts becoming payable to the Allottee by any tenant or licensee or other occupant in respect of the Allotted Apartment. (iii) to disrupt the supply of water and/or power back-up through the generator in the Allotted Apartment of the Allottee etc. (iv) to claim all expenses including attorney’s fees paid and/or incurred by the Maintenance In-charge in respect of any proceedings brought about to realize such unpaid CAM Charges or to enforce any lien in respect of such unpaid CAM Charges. And such services and/or facilities shall not be restored until such time the Allottee has made payment of all the amounts lying in arrears together with interest accrued at the aforesaid rate and the cost charges and expenses incurred by the Maintenance In-charge for disconnecting or disrupting such services and/or facilities and also for restoring the same.

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: - (a) Proportionate share of all Common Expenses (including those mentioned in Fourth 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.2/= (Rupees twoRs.3/=(Rupeesthree) only per Square foot per month of the Super Built-up Area changeable area for maintenance agreed between the parties for the purpose of payment of the Allotted Apartment mentioned in proportionate common expenses and maintenance charges by the Second Schedule hereunder written (hereinafter Allottee, being …………………….. square feet(hereinafter referred to as “the Common Area Maintenance Charges” or ”CAM or”CAM Charges”). It is expressly agreed and clarified that the said minimum rate is based on the costs, charges and expenses as are required to be incurred as on in November 2022 for providing and maintaining the essential services in the Project and the same shall be subject to revision at the time of delivery of possession of Allotted Apartment to the Allottee and from time to time thereafter as be deemed fit and proper by the Maintenance In-charge at its sole and absolute discretion after taking into consideration the expenses incurred for providing and maintaining essential common services to the Apartment Acquirers. It is clarified that such minimum rate of maintenance charge does not include carrying out of any major repair, replacement, renovation or like of the Common Areas or the Common Installations (including painting of the exterior of the Building) and the same shall be borne proportionately by the Allottee separately and paid to the Maintenance In-charge. (b) The charges for provision of back-up power to the extent of Xxxxx power mentioned in Item No. 3 of Clause 1.2.2 of Section-III of this agreement to be provided to the Allotted Apartment during power failure/load shedding from the Diesel Generator Set. 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 be billed accordingly on the Allottee proportionately on the basis of power allotted in the Allotted Apartment or shall be ascertained by such other suitable mechanism as may be so decided by the Developer/Promoter or the Maintenance In-charge. (c) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Arambagh Municipality Provided. concerned authority Provided That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee is liable to and shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said PremisesProject. (ad) 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. (be) 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 by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or the Common Areas thereof. (cf) 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 payments rates taxes impositions and/or outgoings. (dg) 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 leavingits 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 in any event shall be liable to indemnify and keep saved harmless and indemnified the Developers/PromotersPromoter, the Association 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 Developer/Promoter to the Allottee or from the expiry of 60 days from the date of the Developer/Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier. (House Rules for the user of the Allotted Apartment) 1. Right of Allottee to use Common Areas and essential services: (a) The Allottee doth hereby agree and confirm to acquire the Apartment on the specific understanding that his right to the use of Common Areas and availing the essential services provided and maintained by the Maintenance In-charge shall be subject to timely payment of CAM Charges, as billed in terms hereof by the Developer/Promoter or Facility Maintenance Agency or the Association of the Allottees as the case may be and performance by the Allottee of all his obligations in respect of the terms and conditions contained in this agreement and specified by the Maintenance In charge or the Association of Allottees from time to time. (b) The Allottee acknowledges that upkeep of the Common Areas and availing the essential services provided maintained by the Maintenance In-charge is for the benefit of all the Apartment Acquirers in the Project and non-payment thereof by the Allottee would adversely affect the services and maintenance and/or interest of the other Apartment Owner and as such in the event of any default on the part of the Allottee in making timely payment of such CAM Charges, the Allottee shall be liable to pay interest at the rate of 18% per annum on the amounts remaining outstanding. And if such default shall continue for a period of three (3) months then and in that event the Allottee shall not be entitled to avail of any of the facilities and/or utilities available to the Allottee and the Maintenance In-charge(whether it be the Developer/Promoter and/or Facility Maintenance Agency and/or the Associations of the Allottees as the case may be) shall be entitled to and the Allottee hereby consents: (i) to withdraw the lift facilities and other common services and/or facilities to the Allotted Apartment of the Allottee and/or to the members of its family including the Allottee’s visitors, servants and agents; (ii) to demand and directly realize rent and/or other amounts becoming payable to the Allottee by any tenant or licensee or other occupant in respect of the Allotted Apartment. (iii) to disrupt the supply of water and/or power back-up through the generator in the Allotted Apartment of the Allottee etc. (iv) to claim all expenses including attorney’s fees paid and/or incurred by the Maintenance In-charge in respect of any proceedings brought about to realize such unpaid CAM Charges or to enforce any lien in respect of such unpaid CAM Charges. And such services and/or facilities shall not be restored until such time the Allottee has made payment of all the amounts lying in arrears together with interest accrued at the aforesaid rate and the cost charges and expenses incurred by the Maintenance In-charge for disconnecting or disrupting such services and/or facilities and also for restoring the same.

Appears in 1 contract

Samples: Agreement for Sale

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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 Fourth 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.2/= (Rupees two) only per Square foot per month of the Super Built-up Area of the Allotted Apartment mentioned in the Second Schedule hereunder written (hereinafter referred to as “the Common Area Maintenance Charges” or ”CAM Charges”). It is expressly agreed and clarified that the said minimum rate is based on the costs, charges and expenses as are required to be incurred as on November 2022 for providing and maintaining the essential services in the Project and the same 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 expenses incurred for providing and maintaining essential common services to the Apartment Acquirers. It is clarified that such minimum rate of maintenance charge does not include carrying out of any major repair, replacement, renovation or like of the Common Areas or the Common Installations (including painting of the exterior of the Building) and the same shall be borne proportionately by the Allottee separately and paid to the Maintenance In-charge. (b) The charges for provision of back-up power to the extent of Xxxxx power mentioned in Item No. 3 of Clause 1.2.2 of Section-III of this agreement to be provided to the Allotted Apartment during power failure/load shedding from the Diesel Generator Set. 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 be billed accordingly on the Allottee proportionately on the basis of power allotted in the Allotted Apartment or shall be ascertained by such other suitable mechanism as may be so decided by the Developer/Promoter or the Maintenance In-charge. (c) Property tax, municipal rates and taxes and water tax, if any, assessed on or in respect of the Allotted Apartment directly to the Arambagh Municipality Provided. That so long as the Allotted Apartment is not assessed separately for the purpose of such rates and taxes, the Allottee is liable to and shall pay to the Maintenance In-charge the proportionate share of all such rates and taxes assessed on the said Premises. (a) 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. (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 by the Allottee wholly in case the same relates to the Allotted Apartment and proportionately in case the same relates to the Project or the Common Areas thereof. (c) 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 payments rates taxes impositions and/or outgoings. (d) 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 in any event shall be liable to indemnify and keep saved harmless and indemnified the Developers/Promoters, the Association 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 Developer/Promoter to the Allottee or from the expiry of 60 days from the date of the Developer/Promoter giving the Notice for Possession to the Allottee in terms of clause 7.2 of Section III hereinabove, whichever be earlier. (House Rules for the user of the Allotted Apartment). 1. Right of Allottee to use Common Areas and essential services: (a) The Allottee doth hereby agree and confirm to acquire the Apartment on the specific understanding that his right to the use of Common Areas and availing the essential services provided and maintained by the Maintenance In-charge shall be subject to timely payment of CAM Charges, as billed in terms hereof by the Developer/Promoter or Facility Maintenance Agency or the Association of the Allottees as the case may be and performance by the Allottee of all his obligations in respect of the terms and conditions contained in this agreement and specified by the Maintenance In charge or the Association of Allottees from time to time. (b) The Allottee acknowledges that upkeep of the Common Areas and availing the essential services provided maintained by the Maintenance In-charge is for the benefit of all the Apartment Acquirers in the Project and non-payment thereof by the Allottee would adversely affect the services and maintenance and/or interest of the other Apartment Owner and as such in the event of any default on the part of the Allottee in making timely payment of such CAM Charges, the Allottee shall be liable to pay interest at the rate of 18% per annum on the amounts remaining outstanding. And if such default shall continue for a period of three (3) months then and in that event the Allottee shall not be entitled to avail of any of the facilities and/or utilities available to the Allottee and the Maintenance In-charge(whether it be the Developer/Promoter and/or Facility Maintenance Agency and/or the Associations of the Allottees as the case may be) shall be entitled to and the Allottee hereby consents: (i) to withdraw the lift facilities and other common services and/or facilities to the Allotted Apartment of the Allottee and/or to the members of its family including the Allottee’s visitors, servants and agents; (ii) to demand and directly realize rent and/or other amounts becoming payable to the Allottee by any tenant or licensee or other occupant in respect of the Allotted Apartment. (iii) to disrupt the supply of water and/or power back-up through the generator in the Allotted Apartment of the Allottee etc. (iv) to claim all expenses including attorney’s fees paid and/or incurred by the Maintenance In-charge in respect of any proceedings brought about to realize such unpaid CAM Charges or to enforce any lien in respect of such unpaid CAM Charges. And such services and/or facilities shall not be restored until such time the Allottee has made payment of all the amounts lying in arrears together with interest accrued at the aforesaid rate and the cost charges and expenses incurred by the Maintenance In-charge for disconnecting or disrupting such services and/or facilities and also for restoring the same.

Appears in 1 contract

Samples: Sale Agreement

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