Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation: (i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot]; (ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification; (iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective; (iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below: (i) The Allottee shall have exclusive ownership of the [Apartment/Plot]; (ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act; (iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 265 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 68 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees (Give break up and description): only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment No. Type Floor Rate of Apartment per square feet* Apartment no. Type Floor *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [ANDOR] [if/as applicable] Plot No. Type Rate of Plot per square feet* feet Plot no. Type Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) parking(s) as provided in the Agreement. garage(s)/closed The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Clause
Appears in 10 contracts
Samples: Sale Agreement, Sale Agreement, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G;
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. .
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. .
1.10 It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with [Please insert the Competent Authority name of the concerned competent authority] to be filed in accordance with the West Bengal Apartment Ownership Act[Please insert the name of the relevant State act, 1972 if any].
1.11 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.12 The Allottee has paid a sum of Rs Rs, (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 7 contracts
Samples: Sale Agreement, Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] apartment as specified in paragraph H; G;
1.2 The Total Price for the [Apartment/Plot] apartment based on the carpet area are is Rs. (Rupees only ("“Total Price"”) (Give break up and description): Block/Building/Tower No. _ Apartment No. Type Floor _ Rate of Apartment per square feet* Square feet *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Garage/Closed Parking – 1 Price for 1 Garage/Closed Parking – 2 Price for 2
(i) The Total total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];apartment.
(ii) The Total Price above includes Taxes taxes (consisting of tax paid or payable by the Promoter by way of Value Added Taxtax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project project payable by the Promoterpromoter) up to the date of handing over the possession of the [Apartment/Plot]apartment: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / change/ modification;
(iii) The Promoter promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) ), above and the Allottee shall make payment within 30 (thirty30(thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/acts/ rules/ notifications together with dates from which such taxes/taxes/ levies etc. have been imposed or become effective;:
(iv) The Total Price price of [Apartment/Plot] apartment includes: 1) pro Pro rata share in the Common Areas; and 2)_ garage(s)/closed parking(s) as provided in the Agreement.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot]apartment;
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. .
1.9 That It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] apartment along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. with
1.10 It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 1972.
1.11 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.12 The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] apartment as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 7 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] apartment as specified in paragraph H; G;
1.2 The Total Price for the [Apartment/Plot] apartment based on the carpet area are is Rs. _ _ (Rupees only ("“Total Price"”) (Give break up and description): Block/Building/Tower No. _ Apartment No. Type Floor _ Rate of Apartment per square feet* Square feet *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Garage/Closed Parking – 1 Price for 1 Garage/Closed Parking – 2 Price for 2
(i) The Total total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];apartment.
(ii) The Total Price above includes Taxes taxes (consisting of tax paid or payable by the Promoter by way of Value Added Taxtax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project project payable by the Promoterpromoter) up to the date of handing over the possession of the [Apartment/Plot]apartment: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / change/ modification;
(iii) The Promoter promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) ), above and the Allottee shall make payment within 30 (thirty30(thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/acts/ rules/ notifications together with dates from which such taxes/taxes/ levies etc. have been imposed or become effective;:
(iv) The Total Price price of [Apartment/Plot] apartment includes: 1) pro Pro rata share in the Common Areas; and 2) )
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot]apartment;
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. .
1.9 That It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] apartment along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. with
1.10 It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 1972.
1.11 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.12 The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] apartment as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 6 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, purchase the [Apartment/Plot] Apartment as specified in paragraph H; Part II of the Schedule A hereto.
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. /= (Rupees only only) ("Total Price") (Give break ), the break-up and description): Block/Building/Tower No. description of which is as provided herein below: Apartment No. __ Type __ _ Floor _ _ _ Rate per sq. ft. of carpet area Rs /= Cost of Carpet Area of Apartment per square feet* *Provide break up Rs. /= Cost of EBVT Rs. /= Cost of Car Park Consideration for the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etcApartment Which is inclusive of: The Booking Amount Rs. [AND] [if/as applicable] Plot No/= (Rupees only) Maintenance Deposit Rs. Type Rate of Plot per square feet* Explanation:/= Taxes (GST) Rs. /= Total price (in Rupees) Rs. /=
(i) i. The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: . Provided that in case there is any change / modification in the taxes, the subsequent amount amount-payable by the allottee Allottee to the promoter Promoter shall be increased/increased/ reduced based on such change / modification:
iii. Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee;
(iii) iv. Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department
v. The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the actsacts/ rules/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) vi. The Total Price of [Apartment includes inter-alia recovery of price of land, construction of the Apartment/Plot] includes: 1) pro rata share in , the Common Areas; , internal development charges, taxes, and 2includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project.
1.3 The Allottee has paid a sum of Rs. [ ] (Rupees [ ] only) as booking amount (“Booking Amount”) at the time of applying for the Apartment, the receipt of which the Promoter hereby acknowledges. The Booking Amount forms part of the Total Price and the Allottee hereby agrees to pay the remaining price of the Apartment as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the Allottee delays in payment towards any amount which is payable, he shall be liable to pay interest at the rate prescribed in the Rules.
1.4 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.5 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule D (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartmentApartment, plot or buildingBuilding, as the case may be, without the previous written consent of the Allottee. Allottee as per the provisions of the Act: Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm to the final carpet net area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet net area. The total price payable for the carpet net area shall be recalculated upon confirmation by the Promoter. If there is any reduction more than 3% in the carpet net area within then the defined limit then Promoter shall refund the excess money paid by Allottee within 45 (forty-five five) days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase more than 3% in the carpet area allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan, with annual interest at the rate prescribed in the Rules, from the date when such amount was due. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.8 In case of any dispute on the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area.
1.9 Subject to Clause 9.3 9.3, the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership rights of the [Apartment/Plot]Unit and the Car Parking Space;
(ii) The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Promoter shall convey undivided proportionate title in hand over the common areas to the association Association of allottees Allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project.
(iv) The Promoter will not entertain any request for modification in the layouts of the Apartment and external facade of the Building (s) and Common Areas including common facilities and amenities.
1.10 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/closed parking the Car Parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land Said Premises and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.11 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment Apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 6 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] plot as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] plot based on the carpet plot area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] (Rupees Plot Nono. Type Rate of Plot per square feet* Total price (in rupees) Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];the
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]plot to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of plot includes recovery of price of land, construction of [Apartment/Plotnot only the Apartment but also] includes: 1) pro rata share in the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the plot and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ 0% per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] ; includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project. ;
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking plot shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] plot at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Plot as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 5 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment No. Type Floor Rate of Apartment per square feet* Apartment no. Type Floor *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 5 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Apartment includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 5 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price"”) (Give break up and description): (“Total Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking – 1 Garage/Closed parking - 2 Price for 1 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction Construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;:
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:the
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 5 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up breakup of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking – 1 Price for 1 Garage/Closed parking – 2 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Apartment includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 5 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee theAllottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, ,preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) 1. The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartmentthe[Apartment/Plot];
(ii) 2. The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the tothe date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the bythe allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) 3. The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become orbecome effective;
(iv) 4. The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase otherincrease in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development chargesdevelopmentcharges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, ,which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the ofthe apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the withinthe Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, ,namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land costlandcost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking asbooking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by demandedby the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 5 contracts
Samples: Agreement for Sale, Agreement for Sale, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up breakup of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 4 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Bungalow as specified in paragraph H; Para G.
1.2 The Total Price for the [Apartment/Plot] Bungalow based on the carpet area is Rs. /- (Rupees ) only ("“Total Price"”) (Give break up and description): Block/Building/Tower No. Apartment : Bungalow No. Type Floor Rate of Apartment Bungalow per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. feet Total Price (in rupees) [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Covered Parking-1 Price for 1 Garage/Covered Parking -2 Price for 2 Total Price (in rupees) Explanation:
(i) The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot]Bungalow;
(ii) The Total Price above includes excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, Tax and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: Bungalow to the Allottee and the Project to the association of allottees or the competent authority as the case may be, after obtaining the completion certificate; Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee Allottee to the promoter Promoter shall be increased/reduced based on such change / change/modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of Bungalow includes recovery of price of land, construction of [Apartment/Plotnot only the Bungalow but also] includes: 1) pro rata share in the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the bungalow, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para II etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Bungalow and the Project;
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % at the interest rate per annum offered by State Bank of India for its savings account for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or buildingbungalow, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building Bungalow is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the bungalow, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause Para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Bungalow as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot]Bungalow;
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Bungalow includes recovery of price of land, construction of [not only the Apartment Bungalow but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the bungalow, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Bungalow and the Project. ;
iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his Bungalow, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Bungalow along with garage/closed covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment Bungalow to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water waiver or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment bungalow to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. /- (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Bungalow at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Bungalow as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee Allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 4 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 4 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only Only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closedparking-1 Pricefor1 Garage/Closedparking-2 Pricefor2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ acts / rules / notifications together with dates from which such taxes/taxes / levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1includes:1) pro rata prorate share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall Allottee(s)shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per payments@%per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone miles tone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. i.e., areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Apartment / Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 4 contracts
Samples: Agreement for Sale, Agreement for Sale, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee / Purchaser and the Allottee / Purchaser hereby agrees to purchase, the [Apartment/Plot] as specified Said Apartment and Appurtenances, described in paragraph H; Schedule B below.
1.2 The Total Price payable for the [Apartment/Plot] based on the carpet area Said Apartment And Appurtenances is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:more particularly mentioned in Schedule C below.
(i) The Total Price above includes the booking amount paid by the allottee Allottee / Purchaser to the Promoter towards the [Apartment/Plot];Said Apartment and Appurtenances.
(ii) The In addition to the Total Price above includes Taxes Price, the Allottee/s / Purchaser / s shall also bear and pay the taxes (consisting of tax paid or payable by the Promoter by way of Value Added TaxGST, Service Tax, GSTValue Added Tax and all levies, CGST, if any as per law, duties and Cess cesses or any other similar indirect taxes which may be levied, in connection with the construction of and carrying out the Real Estate Project and/or with respect to the Said Apartment And Appurtenances and/or this Agreement). It is clarified that all such taxes, levies, duties, cesses (whether applicable/payable now or which may become applicable/payable in future) including GST, Service Tax, Value Added Tax and all other indirect and direct taxes, duties and impositions applicable levied by the Promoter) up Central Government and/or the State Government and/or any local, public or statutory authorities/bodies on any amount payable under this Agreement and/or on the transaction contemplated herein and/or in relation to the date of handing over Said Apartment And Appurtenances, shall be borne and paid by the possession of Allottee / Purchaser alone and the [Apartment/Plot]: Provided Promoter shall not be liable to bear or pay the same or any part thereof; Notwithstanding anything mentioned hereinabove, it is clarified that in case if there is any change / modification increase in the taxestaxes after the expiry of the scheduled date of completion of the Real Estate Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the Real Estate Project by the Authority, as per the Act, the subsequent amount payable by same shall not be charged from the allottee to the promoter shall be increased/reduced based on such change Allottee / modification;Purchaser.
(iii) The Promoter shall periodically intimate in writing to the AllotteeAllottee / Purchaser, the amount payable as stated in (i) above Schedule C below and the Allottee / Purchaser shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee / Purchaser the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;.
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Said Apartment and Appurtenances includes recovery of price of land, construction of the Common Areas; , internal development charges, external development charges and 2) includes cost for providing all other facilities, amenities and specifications to be provided within the Said Apartment and the Project but excludes Taxes and maintenance charges.
1.3 The Total Price is escalation-free, save and except escalations/increases which the Allottee / Purchaser hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority authority/Local Bodies/Government and/or any other increase in charges which may be levied or imposed by the competent authority authority/Local Bodies/Government from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee / Purchaser for increase in development charges, cost/charges imposed by the competent authoritiesauthority/Local Bodies/Government, the Promoter shall enclose the said notification/order/rule/ regulation rule/regulation/demand, published/issued to that effect along with the demand letter being issued to the AllotteeAllottee / Purchaser, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the Project by the Authority as per the Act, the same shall not be charged from the Allottee / Purchaser.
1.4 The Allottee(s) Allottee / Purchaser shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.5 The Promoter shall confirm the final carpet covered area that has been allotted to the Allottee / Purchaser after the construction of the Said Building is complete and the occupancy certificate* completion certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet covered area. The total price payable for the carpet covered area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet covered area within then the defined limit then Promoter shall refund the excess money paid by the Allottee / Purchaser within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the AllotteeAllottee / Purchaser. If there is any increase in the carpet area covered area, allotted to Allotteethe Allottee / Purchaser, the Promoter shall demand that additional amount from the Allottee as per / Purchaser towards the next milestone Total Price, which shall be payable by the Allottee / Purchaser prior to taking possession of the Payment PlanSaid Apartment. All these monetary adjustments It is clarified that the payments to be made by the Promoter/Allottee, as the case may be, under this Clause 1.5, shall be made at the same rate per square feet as agreed in Clause 1.2 above.
1.6 Subject to Clause 1.3 of this Agreement. Subject to Clause 9.3 , the Promoter agrees and acknowledges, acknowledges that the Allottee / Purchaser shall have the right following rights to the Apartment/Plot] as mentioned belowSaid Apartment And Appurtenances:
(i) The Allottee / Purchaser shall have exclusive ownership of the [Said Apartment/Plot];.
(ii) The Allottee / Purchaser shall also have undivided proportionate share in the Common AreasAreas of the Real Estate Project (described in Schedule D below). Since the share / share/interest of the Allottee / Purchaser in the Common Areas of the Real Estate Project is undivided and cannot be divided or separated, the Allottee / Purchaser shall use the Common Areas of the Real Estate Project along with other occupants/allottees / Purchasers of the Project, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Promoter shall convey undivided proportionate title hand over the Common Areas of the Real Estate Project (described in the common areas Schedule E below) to the association of allottees / purchasers after duly obtaining the completion certificate from the competent authority as provided in the Act;.
(iii) That the The computation of the price of the [Apartment/Plot] Said Apartment and Appurtenances includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. charges and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter Said Apartment and the Project but excludes Taxes and maintenance charges.
(iv) The Allottee agrees that / Purchaser has the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that right to visit the Real Estate Project site to assess the extent of development of the Project is an independentand his apartment, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit subject to prior consent of the Allottee. Project engineer and complying with all safety measures while visiting the site.
1.7 It is clarified that the Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority allottees / Purchaser / s as expressly mentioned in accordance with the West Bengal Apartment Ownership Act, 1972 this Agreement.
1.8 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the AllotteesAllottees / Purchasers, which it has collected from the AllotteesAllottees / Purchasers, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the projectProject). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the AllotteesAllottees / Purchasers, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. .
1.9 The Allottee / Purchaser has paid a sum equivalent to 20% (twenty percent) of Rs , (Rupees only) the total price as booking amount being part payment towards the Total Price of the [ApartmentSaid Apartment and Appurtenances which includes token amount/Plot] any advances paid at the time of application application, the receipt of which the Promoter hereby acknowledges and the Allottee / Purchaser hereby agrees to pay the remaining price of the [Apartment/Plot] Said Apartment And Appurtenances as prescribed in the Payment Plan [specified in Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: . Provided that if the allottee Allottee / Purchaser delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] apartment as specified in paragraph H; G;
1.2 The Total Price for the [Apartment/Plot] apartment based on the carpet area are is Rs. _ _ (Rupees only ("“Total Price"”) (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* Square feet *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Garage/Closed Parking – 1 Price for 1 Garage/Closed Parking – 2 Price for 2
(i) The Total total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];apartment.
(ii) The Total Price above includes Taxes taxes (consisting of tax paid or payable by the Promoter by way of Value Added Taxtax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project project payable by the Promoterpromoter) up to the date of handing over the possession of the [Apartment/Plot]apartment: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / change/ modification;
(iii) The Promoter promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) ), above and the Allottee shall make payment within 30 (thirty30(thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/acts/ rules/ notifications together with dates from which such taxes/taxes/ levies etc. have been imposed or become effective;:
(iv) The Total Price price of [Apartment/Plot] apartment includes: 1) pro Pro rata share in the Common Areas; and 2) )
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot]apartment;
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. .
1.9 That It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] apartment along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. with
1.10 It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 1972.
1.11 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.12 The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] apartment as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified Apartment morefully and particularly mentioned in paragraph H; the Schedule A-1.
1.2 The Total Price payable for the [Apartment/Plot] based on Apartment is more fully mentioned in the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Schedule–B. Explanation:
(i) The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: apartment to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee Allottee to the promoter shall be increased/reduced based on such change / modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment Completed Apartment finished as per the payment plan set out specifications morefully mentioned in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] D includes recovery of price of landland underneath the building, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter Apartment and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land but it will exclude Taxes and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this AgreementAgreement , the Promoter promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified one self-contained residential flat in paragraph H; the
1.2 The Total total Price for the [Apartmentself-contained residential flat in the floor along with two/Plot] four xxxxxxx parking space in the ground floor based on the carpet area are is Rs. (( Rupees only ("( Total Price"Price ) (( Give break up and descriptiondescription ): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *• Provide break up breakup of the amounts such as cost of apartmentapartment , cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para II etc. [AND] [if/., if/ as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartmentself-contained residential flat in the floor along with two/Plot];four xxxxxxx parking space in the ground floor.
(ii) The Total Price above includes Taxes (taxes ( consisting of tax paid or payable by the Promoter by way of Value Added Taxtax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be leviedlevied , in connection with the construction of the Project project payable by the Promoterpromoter) up to the date of handing over the possession of the [( Apartment/Plot]: Provided ) provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/increased/ reduced based on such change / change/ modification;
(iii) The Promoter promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty30(thirty) days from the date of such written intimation. In additionInaddition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/acts/ rules/ notifications together with dates from which such taxes/taxes/ levies etc. have Have been imposed or become effective;:
(iv) The Total Price price of [Apartment/(Apartment / Plot] includes: 1) pro rata share includes recovery of piece of land, construction of (not only the Apartment but also) the common areas, internal development charges, external development charges, taxes cost of providing electric wiring, electrical connectivity to the apartment, lift, waterline and plumbing, finishing with paint, marble, title, doors, windows, fire detection and fire fightingequipments in the Common Areas; common areas, maintenances charges as per para II etc. And includes cost for providing all other facilities, amenities and 2specifications to be provided within the (Apartment/ Plot) and the Project.
1.3 The Total Price price is escalation-free, save and except increases increase which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or and / or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter promoter shall enclose the said notification/notification/ order/rule/ rule regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per Act, the same shall not be changed from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule schedule C ("( Payment Plan").
1.5 The Promoter promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ payments@ % per annum for the period by which the respective installment instalment has been preponed. The provision Provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. promoter.
1.6 It is agreed that the Promoter shall not make any additions and alterations alternations in the sanctioned plans, layout plans and specifications and the nature of fixturesfixture, fittings fitting and amenities described therein at Schedule ‘D” and schedule “E’ (which shall be in conformity with the advertisement, prospectus etc. On the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone Provisions of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etcAct., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break Break up and description): Block/Building/Tower Nono. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break Apartment no. Type Floor (Break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] .) [if/as applicable] Plot NoGarage/Closed parking - 1 Price for 1 Rs. Type Rate of Plot per square feet* Garage/Closed parking - 2 Price for 2 Rs. Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: . Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies taxes /levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] of[Apartment includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];.
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Rupees
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter Owner agrees to sell to the Allottee Allottee, the Promoter hereby confirms such sale, and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; Para I;
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area Carpet Area is Rs. (Rupees only ("“Total Price") (Give ”). The break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* is given in Annexure “ ” hereto: Explanation:
(i) The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, GST and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]Apartment to the Allottee and the common areas and the facilities Project to the Association of Allottees or the Competent Authority, as the case may be, after obtaining the Completion Certificate or Partial Completion Certificate, as the case may be: Provided that that, in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee Allottee to the promoter Promoter shall be increased/reduced based on such change / change/modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the Project Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimation. time and in the manner specified in Schedule-C. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share Apartment includes recovery of price of land, construction of not only the Apartment but also the Common Areas , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the Common Areas; common areas, maintenance charges as per Para 11 etc.and includes cost for providing all other facilities, amenities and 2) specifications to be provided within the Apartment and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority Competent Authority and/or any other increase in charges which may be levied or imposed by the competent authority Competent Authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.subsequent
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price total price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment No. Type Floor Rate of Apartment per square feet* Apartment no. Type Floor *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [ANDOR] [if/as applicable] Plot No. Type Rate of Plot per square feet* feet Plot no. Type Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Clause
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* Total price (in rupees) *Provide break up breakup of the amounts such as cost of apartment, cost of exclusive balcony or veranda areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para 11 etc., if/as applicable. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]plot to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall shall, be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project.
1.3 The Total Price is escalation-free, save and except increases increases, which the Allottee hereby agrees to pay, due to increase on account because of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.5 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.6 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.7 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings ;
(including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. iv) The Allottee has paid a sum the right to visit the project site to assess the extent of Rs , (Rupees only) as booking amount being part payment towards the Total Price development of the [Apartmentproject and his apartment/Plot] at plot, as the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as case may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rulesbe.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* Floor *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [ANDOR] [if/as applicable] Plot No. Type Rate of Plot per square feet* feet Plot no. Type Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Clause
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only Only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closedparking-1 Pricefor1 Garage/Closedparking-2 Pricefor2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ acts / rules / notifications together with dates from which such taxes/taxes / levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1includes:1) pro rata prorate share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall Allottee(s)shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per payments@%per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone miles tone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Apartment / Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs………………. (Rupees only only) ("“Total Price"”) (Give break up and description): Block/Building/Tower No. ) : Apartment No. …………………….. Type …………………………………… Floor ………………………………….. Rate of Apartment per square feet* *Total price (in rupees) • Provide break up breakup of the amounts such as cost of apartment, cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para II etc., if /as applicable. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Garage/Covered Parking I Price for 1 Garage/Covered Parking 2 Price for 2 Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];(in rupees)
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) 1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule / regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). in
1.5 The Promoter may allow, in it its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % @% per annum for the period by which the respective installment has been preponedproponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D` and Schedule ‘E` (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Allottee as per the provisions of the Act : Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment PlanPlan as provided in Schedule ‘C`. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned belowbelow :
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / Share interest of Allottee in the Common Areas is undivided and cannot be divided or separated, separated the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Plot/ includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development chargesCharges, external development charges, taxes, cost of providing electric wiringwriting, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as and specifications to the provided within the [Apartment/Plot] and the Project. .
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] ) along with garage/closed covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the the-physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , (Rupees only) as Rs..............(Rupees only)as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan [Schedule (C'] as may be demanded by the Promoter within the time and in the manner specified thereintherein : Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; Para G;
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* Type Floor *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.and
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment No. Type Floor Rate of Apartment per square feet* Apartment no. Type Floor *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [ANDOR] [if/as applicable] Plot No. Type Rate of Plot per square feet* feet Plot no. Type Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Clause
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G hereinabove.
1.2 The Total Basic Price for the [ApartmentRow House/Plot] Bunglow Apartment (having Plot Area of Sq. Ft and Total Carpet Area of Sq. Ft. on all floors) based on the Total carpet area excluding all applicable taxes is Rs. (Rupees description): only ("Total Price") (Give break up and description): Block/Building/Tower Row House No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up Total price (in rupees) Breakup of the Total Price of Rs. /- is as follows ;-
(a) Cost Of Apartment Incuding The Cost of Plot & Cost of Constructed Area : Rs. /-
(b) Cost of Exclusive Balcony : NIL
(c) Cost of Exclusive Open Terrace Areas : NIL
(d) Proportionate Cost Of Common Area : NIL
(e) Preferential Location Charges (If Applicable) : Rs. /-
(f) Taxes : Rs. (As Applicable)/-
(g) Maintenance Charges as per Para 11 : Rs. /-
(h) (Any Other Charges If Applicable) : Rs. /- Provided that the amounts such as cost mentioned under the heads, Taxes, Maintenance Charges, Any Extra Charge for Amenities/Facilities, Service Charges and other heads of apartmentlike nature, proportionate cost shall not be taken into account, while determining the Market Value of common areasthe said Apartment for the purpose of calculation of the Stamp Duty, preferential location chargesRegistration Charges and any other incidental expenses, taxes etcfor the execution and registration of this Agreement to Sale or the Conveyance/Sale Deed to be executed in future, with respect to the said Apartment. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Garage/Covered parking – 1 Price for 1 Garage/Covered parking – 2 Price for 2 Total price (in rupees)
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]plot to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall shall, be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall be payable by the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire fighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project.
1.3 The Total Price is escalation-free, save and except increases increases, which the Allottee hereby agrees to pay, due to increase on account because of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable Provided that the entire cost/additional cost incurred in case executing the aforesaid changes, additions, alterations, modifications etc., as desired by the Allottee, shall be borne exclusively by the Allottee, apart from and in addition to the Total Sale Price of an apartment] Rs. /- as mentioned hereinabove and shall be recoverable from the Allottee, along with the next milestone of the Payment Plan, as mentioned and detailed in Schedule C. Provided further that if the Allottee desires that any material/fixture/fitting/item/accessory/amenity/facility/finishing material etc., to be used/fixed/provided in the Apartment, shall be of any different, specific or better quality or of any particular brand/company/manufacturer or of any superior standard or grade/superior quality/superior cost or of any particular specification/nature, than what has been mentioned and detailed in Schedule D annexed herewith, then the Allottee shall have to bear all the additional/extra difference in price/cost incurred in procuring, providing and fixing such material/fixture/accessory/amenity/facility/item/finishing material etc. of whatsoever, which shall be payable within 30 days of the demand raised by the Promoter in this regard or at the choice of the Promoter along with the last milestone of the Payment Plan, as mentioned and detailed in Schedule C.
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-forty- five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) (Repetition of Explanation iv of Clause 1.2, hence can be deleted) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project. ;
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood Provided that where any Project has been declared by the Allottee that Promoter to be developed in different Phases, then even though as per the provisions of Explanation attached to Section 3 of the Act the Promoter might have obtained registration of each such Phase separately, yet, all other areas such services/amentities/facilities, which are declared by the Promoter to be used in common for all the Phases and i.e. areas by all the Allottees in all the Phases and all the essential services and facilities falling outside which are to be used in connectivity for all the Phases of the Project such as internal roads, connecting roads, sewage and drainage lines, water pipe lines, electrical line etc; shall always be deemed to be available for all the Phases of the project in common, without any hindrance, obstruction or obstacle from the occupants of any of the Phase of the Project. . Provided further, that any such common amenity/facility/service in the Project, namely which is specifically declared by the Promoter to be available for all the Phases of the Project in common, shall be made available for use and enjoyment for all the Phases of the Project, only upon the completion of such Phase of the Project, with which the Promoter has specifically declared that such particular common amenity/facility/service be developed, completed and made available for use and enjoyment in common for all the Phases of the Project. The Allottee shall not form a be entitled to demand any such common amenity/facility/service, any time prior to the completion of such Phase of the Project, along with which the development, completion, use and enjoyment of such amenity/facility/service is declared to be provided by the Promoter. Provided further that in accordance of the prevailing Laws, neither any Allottee nor the Association of Allottees, shall be entitled to claim any exclusive or private right, on any part of the declaration Co-ordination roads or other connecting services, which are to be filed used in common and in coordination with the Competent Authority Projects/Colonies existing or to be developed adjoining to the Project and no obstruction, hindrance or obstacles shall be created in accordance with the West Bengal Apartment Ownership Act, 1972 such connecting services.
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the The receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this AgreementAgreement , the Promoter promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified one self-contained residential flat in paragraph H; the
1.2 The Total total Price for the [Apartmentself-contained residential flat in the floor along with two/Plot] four xxxxxxx parking space in the ground floor based on the carpet area are is Rs. (Rupees ( Rupees_ _ only ("( Total Price"Price ) (( Give break up and descriptiondescription ): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* * Provide break up breakup of the amounts such as cost of apartmentapartment , cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para II etc. [., if/ as applicable (AND] [if/) ( If / as applicable] Plot No. Type Rate of Plot per square feet* Applicable) Total Price ( In Rupees Explanation:
(i) The Total total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartmentself-contained residential flat in the floor along with two/Plot];four xxxxxxx parking space in the ground floor.
(ii) The Total Price above includes Taxes (taxes ( consisting of tax paid or payable by the Promoter by way of Value Added Taxtax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be leviedlevied , in connection with the construction of the Project project payable by the Promoterpromoter) up to the date of handing over the possession of the [( Apartment/Plot]: Provided ) provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/increased/ reduced based on such change / change/ modification;
(iii) The Promoter promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty30(thirty) days from the date of such written intimation. In additionInaddition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/acts/ rules/ notifications together with dates from which such taxes/taxes/ levies etc. have Have been imposed or become effective;:
(iv) The Total Price price of [Apartment/(Apartment / Plot] includes: 1) pro rata share in includes recovery of piece of land, construction of (not only the Common Areas; and 2Apartment but also) The Total Price is escalation-freethe common areas, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in internal development charges, cost/charges imposed by the competent authoritiesexternal development charges, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued taxes cost of providing electric wiring, electrical connectivity to the Allotteeapartment, which shall only lift, waterline and plumbing, finishing with paint, marble, title, doors, windows, fire detection and fire fightingequipments in the common areas, maintenances charges as per para II etc. And includes cost for providing all other facilities, amenities and specifications to be applicable on subsequent payments . provided within the (Apartment/ Plot) and the Project.
1.3 The Allottee(s) shall make the payment as per the payment plan set out in Schedule schedule C ("( Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter.
1.4 It is agreed that the Promoter shall not make any additions and alterations alternations in the sanctioned plans, layout plans and specifications and the nature of fixturesfixture, fittings fitting and amenities described therein at Schedule ‘D” and schedule “E’ (which shall be in conformity with the advertisement, prospectus etc. On the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone Provisions of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etcAct., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and & conditions as detailed in this Agreement, the Promoter hereby agrees to sell to the Allottee Allottee(s) and the Allottee Allottee(s) hereby agrees to purchasepurchase , the [Apartment/Apartment / Plot] as specified in paragraph H; Para 'G'
1.2 The Total Price for the [Apartment/Apartment/ Plot] based on the carpet area is Rs. (Rupees only in words Rupees…………………………… only) ("Total Price") (Give break break- up and description): description):- Block/Building/Building/ Tower No. Apartment Nono. Type Floor … Type……… ………………… Floor……………………………. Rate of Apartment per square feet* *Total Price (in Rupees) ------------------ * Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, taxes, maintenance charges, if/ as applicable (AND] [) (if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:) Garage/ covered parking-1 Price for 1 (in Rs.) Garage/ covered parking-2 Price for 2(in Rs.) Total price (in Rupees) ------------------
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment / Plot.];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to upto the date of the handing over the possession of the [Apartment/Plot]: Plot to the allottee and the Project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / change/ modification in the taxes, the subsequent amount payable by the allottee Allottee(s) to the promoter Promoter shall be increased/increased/ reduced based on such change / change/ modification. Provided further that if there is any increase in the taxes after the expiry of the schedule date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority, as per the Act, the same shall not be charged from the Allottee;
(iii) The Promoter shall periodically intimate to the AllotteeAllottee(s), the amount payable as stated in (i) above and the Allottee Allottee(s) shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee Allottee(s) the details of the taxes paid or demanded along with the actsActs/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/ Plot includes recovery of price of land, construction of, not only the Apartment but also, the common areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Apartment, lift, water line and plumbing, finishing with putty/Plot] includes: 1) pro rata share POP, marbles, tiles, doors, windows, fire detection and firefighting equipment in the Common Areas; common areas, maintenance charges. and 2) includes cost for providing all other facilities, amenities and specification to be provided within the Apartment/ Plot and the Project.
1.3 The Total Price is escalation-escalation free, save and except increases which the Allottee Allottee(s) hereby agrees to pay, due to increase on account of extra development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority authority, from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee Allottee(s) for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation notification/ order/ rules/ regulations to that effect along with the demand letter being issued to the AllotteeAllottee(s), which shall only be applicable on subsequent payments . payments: Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(sallottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.5 It is agreed that the Promoter shall not make any additions addition and alterations alteration in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule 'D' and Schedule 'E' (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or Apartment/ Plot/building, as the case may be, without the previous written consent of the Allottee. Allottee(s) as per the provisions of the Act: Provided that the Promoter may make such minor additions or alterations as may be required by the AllotteeAllottee(s), or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; Para G;
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Block No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [AND] [if/as applicableOR] Plot Nono. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned belowbelow :-
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. .
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. .
1.10 It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with [Please insert the Competent Authority name of the concerned competent authority] to be filed in accordance with the West Bengal Apartment Ownership Act[Please insert the name of the relevant State act, 1972 if any].
1.11 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.12 The Allottee has paid a sum of Rs Rs, (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price total price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Plot as specified in paragraph H; para G.
1.2 The Total Price price for the [Apartment/Plot] plot based on the carpet area actual size of the plot is Rs. (Rupees only only) ("Total Price") (Give break up and description): Block/Building/Tower NoPlot no. Apartment No. 01 Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Residential Rate of Plot per square feet* Cost of the plot Rs Taxes Maintenance Charges Proportionate cost of common area Explanation:
(i) The Total Price above includes the booking amount of 10% paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]plot to the allottee and the project to the association of allottes or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall shall, be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the plot includes recovery of price of land, construction of the Common Areas; , internal development charges, external development charges, taxes, maintenance charges as per para 11 etc. and 2) includes cost for providing all other facilities, amenities and specifications to be provided within the Plot and the Project.
1.3 The Total Price is escalation-free, save and except increases increases, which the Allottee hereby agrees to pay, due to increase on account because of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations Allottee as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.7 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Plot as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];plot
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Plot includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas maintenance charges as per para 11 etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings facilities,
(including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. iv) The Allottee has paid a sum the right to visit the project site to assess the extent of Rs , (Rupees only) as booking amount being part payment towards the Total Price development of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges project and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Ruleshis plot.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [ANDOR] [if/as applicable] Plot No. Type Rate of Plot per square feet* feet Plot no. Type Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Clause
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Owner/Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified Apartment morefully and particularly mentioned in paragraph H; the Schedule B.
1.2 The Total Price payable for the [Apartment/Plot] based on Apartment is more fully mentioned in the carpet area is Rs. (Rupees only ("Total Price") (Give break up Schedule C and description): Block/Building/Tower No. Apartment No. Type Floor Rate does not include the cost of Apartment per square feet* *Provide break up fitouts, internal finishing of the amounts such as apartment, electrical wiring except wiring upto entrance, flooring other than plain cement floor, any sanitary fittings or counter slabs in the bathrooms, kitchen or the cost of apartment, proportionate finishing of the flat which shall be done by the Allottee at his/her/their own cost of common areas, preferential location charges, taxes etcand the Owner/Promoter shall in no manner be responsible for the same. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:EXPLANATIONS
(i) The Total Price above has been arrived at after giving the benefit of input credit and includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, Goods and Services Tax (GST, CGST, if any as per law, ) and Cess or any other similar taxes which may be levied, will be extra, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]: plot to the allottee and the project to the association of allottees or the competent authority as the case may be, after obtaining the completion certificate; Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee Allottee to the promoter shall be increased/reduced based on such change / change/modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment Apartment as per the payment plan set out specifications morefully mentioned in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] D includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. ,and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter Apartment and the Allottee agrees that Project but it will exclude Taxes and maintenance charges and deposits as mentioned in Schedule C.
v) If prior to execution of the [Apartmentconveyance, the Allottee(s) nominates his/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land their provisionally allotted apartment unto and is not a part in favor of any other project person or zone persons in his/their place and shall not form a part of and/or linked/combined stead, the Allottee may do so with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit permission of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment Promoter subject to payment of administrative charges @2% (two per cent) of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment consideration to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [ApartmentOwner/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the RulesPromoter.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter Vendors agrees to sell to the Allottee Purchaser/s and the Allottee Purchaser/s hereby agrees to purchase, the [Apartment/Plot] Shop/ Office / Godown / Commercial / Semi - Commercial Complex as specified in paragraph H; para F. The Total Price Consideration payable by the Purchaser to the Vendors for the [Apartmentpurchase of Shop/Plot] based on the carpet area Office space/Godown/ Commercial/ Semi – Commercial Space is Rs. Rs ----------/- ( ) Covered/Open Parking Maintenance Fund for 24 Months Generator, Electricity & Infrastructure Charges Legal Charges Total Amount Payable (Rupees only ("Total Price"excluding applicable taxes) (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) a. The Total Price above includes the booking amount paid by the allottee Purchaser to the Promoter Vendors towards the [Apartment/Plot];Shop/ Office / Godown / Commercial / Semi - Commercial Complex.
(ii) b. The Total Price above includes excludes Taxes (consisting of tax paid or payable by the Promoter Purchaser by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the PromoterVendors) up to the date of handing over the possession of the [Apartment/Plot]: Shop/ Office / Godown / Commercial / Semi – Commercial Complex . Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee Purchaser to the promoter Vendors shall be increased/reduced based on such change / modification;.
(iii) c. The Promoter Vendors shall periodically intimate to the AllotteePurchaser, the amount payable as stated in (i) above and the Allottee Purchaser shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter Vendors shall provide to the Allottee Purchaser the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;.
(iv) d. The Total Price of [Apartment/Plot] Shop/ Office / Godown / Commercial/ Semi – Commercial Complex includes: 1) pro rata share in the Common Areas; and 2) Areas;and2)Open/Covered parking as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee Purchaser hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter Vendors undertakes and agrees that while raising a demand on the Allottee Purchaser for increase in development charges, cost/charges imposed by the competent authorities, the Promoter Vendors shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the AllotteePurchaser, which shall only be applicable on subsequent payments payments. The Allottee(sPurchaser(s) shall make the payment as per the payment plan set out in Schedule C ScheduleC ("“Payment Plan"”). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter Vendors shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartmentBuilding, plot or building, as the case may be, without the previous written consent of the AllotteePurchaser. Provided that the Promoter Vendors may make such minor additions or alterations as may be required by the AllotteePurchaser, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this AgreementtheAct. Subject to Clause 9.3 the Promoter Vendors agrees and acknowledges, the Allottee Purchaser shall have the right to the Apartment/Plot] Shop/ Office / Godown / Commercial / Semi - Commercial Complex as mentioned below:
(i) mentionedbelow: e. The Allottee Purchaser shall have exclusive ownership Vendors ship of the [Apartment/Plot];Shop/ Office / Godown / Commercial / Semi – Commercial Space.
(ii) f. The Allottee Purchaser shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee Purchaser in the Common Areas is undivided and cannot be divided or separated, the Allottee Purchaser shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee Purchaser to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Vendors shall convey undivided proportionate title in the common areas to the association of allottees Purchasers as provided in the Act;theAct.
(iii) g. That the computation of the price of the [Apartment/Plot] Shop/ Office / Godown / Commercial / Semi - Commercial Complex includes recovery of price of land, construction of [not only the Apartment Shop/ Office / Godown / Commercial / Semi - Commercial Complex but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project.
h. The Purchaser agrees to communicate (in writing) to the Vendor about the electrical load requirement within 06 (six) months from the date of execution of this agreement to sale. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter Vendors agrees to pay all outgoings before transferring the physical possession of the apartment Shop/ Office / Godown / Commercial / Semi - Commercial Complex to the AllotteesPurchasers, which it has collected from the AllotteesPurchasers, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter Vendors fails to pay all or any of the outgoings collected by it from the Allottees Purchasers or any liability, mortgage loan and interest thereon before transferring the apartment Building to the AllotteesPurchasers, the Promoter Vendors agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. The Allottee Purchaser has paid a sum of Rs -------/- ( ) Only by way of account payee Cheque vide Cheque No.------, (Rupees only) Dated -------of ---- Bank and in favour of the Vendors’s Company as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter Vendors hereby acknowledges and the Allottee Purchaser hereby agrees to pay the remaining price of the [Apartment/Plot] Shop/ Office / Godown / Commercial / Semi - Commercial Complex as prescribed in the Payment Plan as may be demanded by the Promoter Vendors within the time and in the manner specified therein: . Provided that if the allottee Purchaser delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; para I;
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only only) ("“Total Price"”) (Give as also mentioned in Part-I of the Fifth Schedule hereunder written, break up and description): Block/Building/Tower No. whereof is as follows:
(i) Apartment No. Type , Floor Rate of Apartment per square feet* *Provide break ; Carpet Area ; Built-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot Area ; Chargeable Area ; Rs.
(ii) Store Room No. Type Rate of Plot per square feet* Explanation, Floor ; Carpet Area ; Built-up Area ; Chargeable Area ; Rs.
(iii) exclusive right to use the attached Open Private Terrace attached to the said Apartment measuring Sq. Ft. ; Rs.
(iv) exclusive right to use the attached open space measuring Sq. Ft. as green/garden attached to the said Rs.
(v) number and type Car parking at level/stack parking; Rs.
(vi) number Two Xxxxxxx parking at level; Rs. Add : GST Rs. Rs. Less : Discount, Rs. Explanation :
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, GST and Cess or any other similar taxes which may be are presently levied, in connection with the construction of the Project payable by the PromoterPromoter by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: Apartment to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee to the promoter Promoter shall be increased/increased/ reduced based on such change / change/modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of landland (proportionate share), construction of [not only the Apartment but alsoalso ] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with POP, tiles, doors, windows, fire detection and firefighting equipment in the common areas etc. areas, and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter Apartment and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price"”) (Give break up and description): (“Total Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking – 1 Garage/Closed parking - 2 Price for 1 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction Construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;:
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:the
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;Areas
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up breakup of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking – 1 Price for 1 Garage/Closed parking – 2 Price for 2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Apartment includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell toSell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Rs.(Rupees Only “Total Price") (” Give break up and description): Block/Building/: Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Total price (in rupees) Total price ( in rupees)
(i) The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]: plot to the Allottee and the project to the association of Allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / change/ modification in the taxes, the subsequent amount Amount payable by the allottee Allottee to the promoter shall be increased/reduced based on On such change / change/ modification; Provided further that if there is any increase in the taxes after the expiry of the Scheduled date of completion of theproject as per registration with the Authority, Which shall include the extension of registration, if any, granted to the said project bythe Authority, as per the Act, the same shall not be charged from the Allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated Stated in (i) above and the Allottee shall make payment within 30 (thirty) days from demanded by the date of such written intimationPromoter Within the time and in the manner specified therein. In addition, the Promoter shall provide Provide to the Allottee the details Details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have Have been imposed or become effective;.
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiringwriting, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas theCommon areas, maintenance charges as per para II etc. and And includes cost for providing all other facilities as allother facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter Apartment and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the The Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (( Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [ifTotal price (in rupees) Garage/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Covered parking Price Garage/Covered parking Price Total price (in rupees)
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, GS.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: apartment to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/act & rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in Apartment includes recovery of price of land, construction of not only the Apartment but also the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, vitrified tiles, doors, windows, maintenance charges as per para II etc. and includes cost for providing all other facilities and specifications to be provided within the Apartment and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/cost/ charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(sAIlottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ @------- % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule D and Schedule E in respect of the apartment, plot apartment or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. , If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be he divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;:
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection electrical connectivity to the apartment, lift, water line and firefighting equipment in the common areas plumbing, finishing with paint, Vitrified tiles, doors, windows, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Apartment and the Project. ;
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/closed covered parking shall be treated as a single indivisible unit for For all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and anti enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Apartment as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [AND] [if/as applicableOR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Clause
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up breakup and description): Block/Building/Tower Nono. Apartment Nono. Type _ Type_ Floor _ Rate of Apartment per square feet* *Provide break up breakup of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Closed parking-1 Price for 1 Garage/Closed parking-2 Price for 2 Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / change/modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1Apartment includes:1) pro rata proportionate share in the Common Areas; and 2) garage(s) / closed parking (s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes under takes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan")) Part- 2. The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ _% per annum for the period by which the respective installment has been preponedproponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision / withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 9(i & ii) the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / share/ interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/garage / closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part apart of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings out goings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings out goings collected by it from the Allottees or any liability, mortgage loan and interest thereon there on before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings out goings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the The receipt of which the Promoter hereby here by acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Plot as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Sale Agreement, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, purchase the [Apartment/Plot] Apartment as specified in paragraph H; Recital H.
1.2.1 The Total Price for the [Apartment/Plot] based on the carpet area Consideration of Apartment is Rs._ ___________________________) only (“Total Consideration of Apartment”). (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. ._____ Type BHK Floor ____ Rate of Apartment per square feet* *Provide break up foot of the amounts such as cost carpet area : Rs /- Cost of apartment, proportionate apartment Rs /- Cost of exclusive balcony or verandah areas Rs /- Cost of exclusive open terrace Rs /- Proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate areas & external walls Rs /- Preferential Location Charges Rs /- Cost of Plot per square feet* Explanation:Car Park – Rs /- Consideration for the Apartment Rs /-
(i) 1.2.2 The Total Price above includes Extras and deposits in respect of Apartment is Rs /- (Rupees ___________________________) only (“Total Extras and Deposits”). Advance Maintenance Charges- This amount is payable against 12 months advance maintenance charges for the booking said Apartment Rs /- Sinking Fund- This amount paid by is payable as funds for future repairs replacement, improvements and developments in the allottee to said Project. This amount shall be and/or may be adjusted against any arrears in maintenance charges and/or applicable taxes as the Promoter towards or the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting Association deem fit and proper. Rs /- Transformer Charges & Electricity Charges- This amount is payable for the said Apartment as reimbursement of tax paid or payable all costs, incidentals, charges and expenses to be incurred by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, in making arrangement with CESC Ltd. for providing and Cess or any other similar taxes which may be levied, in connection with installing transformer at the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: said Project. Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from pay the date of such written intimation. In addition, the Promoter shall provide Deposit to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase CESC Ltd. directly on account of development Individual Meter. Rs /- Legal and Documentation Charges Rs /- Association Formation Charges Rs /- Diesel Generator Power Backup- Generator charges for limited back up Rs /- Club Deposit Rs /- VRV Air Conditioning Charges Rs /- Property tax deposit- This amount is payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee against proportionate share of Property Tax for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments Apartment for twelve months. Rs /- Total Extras and Deposits (in Rupees) Rs. /-
1.2.3 The Allottee(sTotal Taxes (GST and/or Service Tax) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein paid in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building Apartment is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etcRs., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , _ /- (Rupees only) as booking amount being part payment towards the only (“Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the RulesTax”).
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Plot No. Apartment No. Type Floor Rate of Apartment Plot per square feet* PLC Charges Maintenance Charges Total price (in rupees) *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, exclusive preferential location charges, taxes taxes, maintenance charges as per para 11 etc., if/as applicable. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]plot to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Allottee as per the provisions of the Act.Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project. ;
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If project).If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
Terms. 1.1. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G;
1.2. The Total Price for the [Apartment/Plot] based on the carpet area is Rs. __ _ _ (Rupees ____ _ only ("Total Price") (Give break up and description): Block/Building/Tower Nono. _ _ Apartment Nono. _ __ Type __ _ _ Floor Rate of Apartment per square feet* feet Total Price (in rupees) *Provide break up breakup of the amounts such as cost of apartment, cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para II etc. ., if/as applicable [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Garage/Covered parking - 1 Price for 1 Garage/Covered parking - 2 Price for 2 Total price (in rupees)
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/ Plot] includes recovery of picee of land, construction of [not only the Apartment but also] the common areas, internal development charges, external development charges, taxes cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marble, tiles, doors, windows, fire detection and firefighting equipments in the common areas, maintenance charges as per para II etc. and includes cost for providing all other facilities, aminities and specifications to be provided within the [Apartment/Plot] includes: 1) pro rata share in and the Common Areas; and 2) Project.
1.3. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be changed from the Allottee.
1.4. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”).
1.5. The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ __ _% per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter.
1.6. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act.
1.7. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-forty- five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees Plan as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Schedule
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; Para F;
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Block/ Building/Tower No. Apartment No. Type Floor 07 Type: 3BHK Floor: 03 Area 2249 sq.ft Rate of Apartment per square feet* sq. ft*: 5545/- (based on carpet area) BASIC PRICE Rs.12470705/- Preferential Location Charges a) Rs.10/- per sq.ft per floor for higher floors above 2nd Floor for all apartments and for all floors. b) South Facing PLC at Rs. 150/- per sq.ft for south facing apartments. Total Price( in Rupees) 12470705/- +PLC as applicable *Provide break up breaku p of the amounts such as cost of apartment, cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes etc. [taxes, maintenance charges as per para II etc AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Closed parking - 1 5,00,000/- CLUB MEMBERSHIP 1,50,000/- Total price(in rupees) 1,31,70,705/- +PLC as applicable Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess GST a n d C e s s or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter,by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]] to the allottee and the project to the association of allottees or the competent authority,as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of the said [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, waterline and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para II et. And includes cost for providing all other facilities, amenities and specifications to be provided within the said [Apartment/Plot] and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C of the Act ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. @
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’( which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by then the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall Promjoter may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the t h e Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas etc. and areas, maintenance charges as per para 11 etc.and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment] and the Project. .
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed covered car parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. .
1.11 The Allottee has paid a sum of Rs Rs, (( Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan [Schedule ‘C’] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter Xxxxxxxxx agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/PlotApartment ] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/PlotApartment ] based on the carpet area is Rs. (Rupees only ("“Total Price"”) (Give break up and description): ) : Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* Garrage/Covered parking-1 Total price (in rupees) *Provide break up of The amounts includes the amounts such as cost of apartment, cost of exclusive balcony of verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, etc. [AND] [., if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:.
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter Developer towards the [Apartment/Plot];apartment
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter Developer by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, apart from GST which shall be extra, in connection with the construction of the Project payable by the PromoterDeveloper , by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]Apartment to the allotee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate : Provided further that in case if there is any change / modification increase in the taxestaxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the subsequent amount payable by same shall not be charged from the allottee to the promoter shall be increased/reduced based on such change / modificationallottee;
(iii) The Promoter Developer shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Developer within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter Developer shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of Apartment ] [Apartment/Plotincludes recovery of price of land, construction of [not only the Apartment but also] includes: 1) pro rata share in the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para II etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/ Plot] and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter Developer undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter Developer shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C „C‟ ("“Payment Plan"”). .
1.5 The Promoter Developer may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ - % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. Developer .
1.6 It is agreed that the Promoter Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule „D‟ and Schedule ‟E‟ (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Allottee as per the provisions of the Act: Provided that the Promoter Developer may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter Developer shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the charges, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the PromoterDeveloper . If there is any reduction in the carpet area within then the defined limit then Promoter Developer shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall Developer may demand that from the Allottee as per the next milestone of the Payment PlanPlan as provided in Schedule „C‟ . All these thes monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter Developer agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot[Apartment ] as mentioned belowbelow :
(i) The Allottee shall have exclusive ownership of the [Apartment/PlotApartment ];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / shar interest of Allottee in the Common Areas is in undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Developer shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Apartment/ Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as , amenities and specifications to be provided within the [Apartment/ Plot) and the Project. .:
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and the Apartment , as the case may be.
1.9 It is made clear by the Promoter Developer and the Allottee agrees that tht the [Apartment/PlotApartment ] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.with
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs………………. (Rupees only only) ("“Total Price"”) (Give break up and description): Block/Building/Tower No. ) : Apartment No. …………………….. Type …………………………………… Floor ………………………………….. Rate of Apartment per square feet* *Total price (in rupees) • Provide break up breakup of the amounts such as cost of apartment, cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para II etc., if /as applicable. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Price for 1 Garage/Covered Parking I Garage/Covered Parking 2 Price for 2 Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];(in rupees)
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) 1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule / regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). in
1.5 The Promoter may allow, in it its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % @% per annum for the period by which the respective installment has been preponedproponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D` and Schedule ‘E` (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Allottee as per the provisions of the Act : Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment PlanPlan as provided in Schedule ‘C`. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned belowbelow :
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / Share interest of Allottee in the Common Areas is undivided and cannot be divided or separated, separated the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Plot/ includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development chargesCharges, external development charges, taxes, cost of providing electric wiringwriting, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as and specifications to the provided within the [Apartment/Plot] and the Project. .
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] ) along with garage/closed covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the the-physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , (Rupees only) as Rs..............(Rupees only)as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan [Schedule (C'] as may be demanded by the Promoter within the time and in the manner specified thereintherein : Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 2 contracts
Samples: Sale Agreement, Agreement for Sale
Terms. 1.1. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; Para G.
1.2. The Total Price for the [Apartment/Plot] Apartment based on the carpet area Carpet Area payable by the Allottee including taxes and extra development charges is Rs. [•]/- (Rupees only [•] only) ("“Total Price") (Give break up and description”): Block/Building/Block/ Building / Tower No. Apartment No. Type Floor Rate of Apartment per Apartment No. square feet* *feet Type (Provide break up breakup of the amounts Floor amounts, such as cost of apartment, cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes), GST, etc. Total price (in Rupees) AND [ANDif applicable] Garage/ Covered parking – 1 Price for 1 Garage/ Covered parking – 2 Price for 2 Total price (in Rupees) The following charges shall be paid at actuals, if applicable:
i. Extra Development Charges to be payable on Possession along with applicable taxes;
ii. Cost of Electricity meter for individual use on Actuals;
iii. Stamp Duty, Registration fees in this regard for registration of the Agreement for Sale and the Deed of Conveyance;
iv. Adjustable deposits for maintenance and Corporation tax to be payable by the Allottee on Possession as per clause [if/•];
v. Government taxes and duties if and as applicable] Plot No. Type Rate The following charges shall be payable over and above the agreed consideration value of Plot per square feet* Explanationthe Apartment, if applicable:
i. That if the Allottee wants to do some extra work in the flat, then they shall have to take express permission from the Developer and that amount will be payable to the Developer by the Purchasers separately (iapart from the consideration for the flat), for Electric Meter installation, any painting job in the interior walls of the flat, if any and that amount shall also be payable to the Developer before taking handover of the SCHEDULE “B”;
ii. Besides the consideration money for the Schedule-B property, the Allottee shall also be liable to pay any increase and decrease in the rate of ‘Goods and Service Tax’ and the same shall need to be notified by the Promoter in advance to the Allottee along with relevant ‘Notifications’ and ‘Circulars’ in this respect and the Allottee shall be liable to pay the same;
iii. That the Allottee shall also be liable to pay an additional sum of Rs.50,000/- (Rupees Fifty Thousand only) over and above the consideration agreed herein, towards obtaining transformer from the WBSEDCL authorities and shall also be liable to pay the security deposit and service charges, on actual, for obtaining electric meters in their individual names;
iv. The Allottee shall also be liable to pay three months maintenance charges to the Promoter at the time of taking possession or registration whichever is earlier;
I. The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] said Flat and Parking Space as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment and Car Parking Space based on the carpet area is Rs. Rs (Rupees only only) ("Total Price") (Give break under the following break-up and description): Block: Details of Flat/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts feet (such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc.) Block /Building/Tower No. [AND] [if/as applicable] Plot Apartment No. Type Rate Floor Details of Plot per square feet* Garage/Closed Parking 1 Price for 1 Garage/Closed Parking -2 Price for 2 Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications andspecifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be shallbe recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey shallconvey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) only as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plotthe[Apartment] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee Allottee, and the Allottee hereby agrees to purchase, the [Apartment“said Unit/Plot] as Property”as specified in paragraph H; Clause K.
1.1 The Total Price for Promoter has agreed to sell the [Apartment“Said Flat/Plot] based on the carpet area is Unit” at theconsideration of Rs. /- (Rupees ) only, being the highest price as prevailing in the market and the “said Car Parking Space” at the consideration of Rs. /- (Rupees ) only i.e. the total consideration of Rs. /- ("Total Rupees ) only, the Purchaser/s herein has agreed to purchase the “Said Flat” and the “said Car Parking Space” (collectively referred to as the “said Property”) at thesaid consideration. In addition to the aforesaid consideration Price", the following charges shall be paid at actuals/or as mentioned by the Promoter as per payment schedule:
(a) Cost of Electric Meter;
(Give break up b) Stamp Duty/Registration Charges/Commissioning charges and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up other Incidental Expenses;
(c) Charges for mutation and separate assessment of the amounts such Unit mutation fee, if any, and other miscellaneous charges and incidental charges in relation to the mutation;
(d) Costs charges and expenses for providing satellite cable TV connection if any as cost per actuals; and
(e) Interest Free Sinking Fund/Maintenance Deposit @ Rs. /- per sq. ft. of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Unit Carpet area amounting to Rs .
(i) The Total consideration Price above includes the booking amount paid by the allottee Allottee to theDevelopertowards the Promoter towards “said Unit/Property”.Booking Amount shall mean and/ or be a sum of Rs. /- (Rupees only) (being % of the [Apartment/Plot];Unit Price excluding GST)
(ii) The Total consideration Price above includes Taxes excludesTaxes (consisting of The tax paid or payable by the Promoter Developer by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, GST and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up Developerup to the date of handing over the possession or the Deemed date of possession of the [Apartment“said Unit/Plot]: Property”to the Allotteeas the case may be, after obtaining the Completion Certificate or Partial Completion Certificate. Provided that that, in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee Allottee to the promoter shall Developershall be increased/reduced based on such change / change/modification. Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the Project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall Developershall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above hereinabove and the Allottee shall make payment within 30 (thirty) days from demanded by the date of such written intimationDeveloperwithin the time and in the manner specified in theSixthSchedule. In addition, the Promoter shall Developershall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Consideration Price of [Apartment“said Unit/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes Property”includes recovery of price of land, cost of construction of [not only the Apartment Unit but also] also the Common Areas, Car parking , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Commercial Unit, lift, water line and plumbing, finishing with paint/POP, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time Commercial Unit and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the RulesProject.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees ) only ("“Total Price"”) (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* Total Price (in rupees) *Provide break up of the amounts such as cost of apartment, cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para II etc., if/as applicable. [AND] [if/as applicable] Plot NoGarage/Covered Parking-1 Price for 1 Garage/Covered Parking -2 Price for 2 Total Price (in rupees) *Provide break up of the amounts such as cost of plot, proportionate cost of common areas, taxes, maintenance charges as per para II etc., if/as applicable. Type Rate of Plot per square feet* [AND] [if/as applicable] Garage/Covered Parking-1 Price for 1 Garage/Covered Parking -2 Price for 2 Total Price (in rupees) Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, Tax and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]: plot to the allottee and the project to the association of allottees or the competent authority as the case may be, after obtaining the completion certificate; Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / change/modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2plumbing, finishing with paint, marbles, tiles, doors, windows, tire detection and firefighting equipment in the common areas, maintenance charges as per para II etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the (Apartment/Plot) and the Project;
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(sAllotteer(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. @
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule „D‟ and Schedule „E‟ (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, building as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter Developer agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/PlotApartment ] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/PlotApartment ] based on the carpet area is Rs. (Rupees only ("“Total Price"”) (Give break up and description): ) : Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* Type Floor Garrage/Covered parking-1 Total price (in rupees) *Provide break up of The amounts includes the amounts such as cost of apartment, cost of exclusive balcony of verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, etc. [AND] [., if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:.
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter Developer towards the [Apartment/Plot];apartment
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter Developer by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, apart from GST which shall be extra, in connection with the construction of the Project payable by the PromoterDeveloper , by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]Apartment to the allotee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate : Provided further that in case if there is any change / modification increase in the taxestaxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the subsequent amount payable by same shall not be charged from the allottee to the promoter shall be increased/reduced based on such change / modificationallottee;
(iii) The Promoter Developer shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Developer within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter Developer shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of Apartment ] [Apartment/Plotincludes recovery of price of land, construction of [not only the Apartment but also] includes: 1) pro rata share in the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para II etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/ Plot] and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter Developer undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter Developer shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C „C‟ ("“Payment Plan"”). .
1.5 The Promoter Developer may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ - % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. Developer .
1.6 It is agreed that the Promoter Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule „D‟ and Schedule ‟E‟ (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Allottee as per the provisions of the Act: Provided that the Promoter Developer may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter Developer shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the charges, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the PromoterDeveloper . If there is any reduction in the carpet area within then the defined limit then Promoter Developer shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall Developer may demand that from the Allottee as per the next milestone of the Payment PlanPlan as provided in Schedule „C‟ . All these thes monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter Developer agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot[Apartment ] as mentioned belowbelow :
(i) The Allottee shall have exclusive ownership of the [Apartment/PlotApartment ];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / shar interest of Allottee in the Common Areas is in undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Developer shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Apartment/ Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as , amenities and specifications to be provided within the [Apartment/ Plot) and the Project. .:
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and the Apartment , as the case may be.
1.9 It is made clear by the Promoter Developer and the Allottee agrees that tht the [Apartment/PlotApartment ] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.with
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; H. The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Parking Space – 1 Price for 1 Parking Space – 2 Price for 2 Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % @% per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-self- contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs Rs. , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Plot as specified in paragraph H; Para G.
1.2 The Total Price for the [Apartment/Plot] Plot based on the carpet Sq.ft area is Rs. /- (Rupees only Lakhs Only) ("Total Price") (Give break up and description): Block/Building/Tower NoPlotNo. Apartment No. Type Floor Size……….. Rate of Apartment Plot per square feet* Rs. Total Price (in rupees) *Provide break up breakup of the amounts such as cost of apartmentplot, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per Para 11 etc., if/as applicable. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Maintainence Charges Price for 1 Tax if applicable Price for 2 Total price (in rupees)
(i) The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee plot to the promoter shall be increased/reduced based on such change / modification;Allottee and the project to the association of Allottees or the competent authority, as the case may be, after obtaining the completion certificate:
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in plot includes recovery of price of land, construction of the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the plot in the common areas, maintenance charges as per para 11 etc. and 2) includes cost for providing all other facilities, amenities and specifications to be provided within the plot and the Project.
1.3 The Total Price is escalation-free, save and except increases increases, which the Allottee hereby agrees to pay, due to increase on account because of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allotteepayments. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in new imposition or increase of any development charges after the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone expiry of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 scheduled date of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership completion of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.as
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which garage(s)/closed parking(s) as provided in the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any Agreement. other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Agreement for Allotment of Apartment, Deed of Assignment
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; Para F;
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Block/ Building/Tower No. Apartment No. Type Floor 08 Type: 2BHK Floor: 08 Area 957 sq.ft Rate of Apartment per square feet* sq. ft*: 5545/- (based on carpet area) BASIC PRICE Rs.5306565/- Preferential Location Charges a) Rs.10/- per sq.ft per floor for higher floors above 2nd Floor for all apartments and for all floors. b) Rs.50/- per sq.ft for corner apartments for all floors. c) South Facing PLC at Rs. 150/- per sq.ft for south facing apartments. Total Price( in Rupees) 5306565/- + 220110 PLC *Provide break up breaku p of the amounts such as cost of apartment, cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes etc. [taxes, maintenance charges as per para II etc AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Open/Closed parking - 1 6,00,000/- CLUB MEMBERSHIP 1,50,000/- Total price(in rupees) 62,76,675/- +PLC as applicable Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess GST a n d C e s s or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter,by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]] to the allottee and the project to the association of allottees or the competent authority,as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of the said [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, waterline and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para II et. And includes cost for providing all other facilities, amenities and specifications to be provided within the said [Apartment/Plot] and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C of the Act ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. @
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’( which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by then the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall Promjoter may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the t h e Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas etc. and areas, maintenance charges as per para 11 etc.and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment] and the Project. .
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garageopen/closed covered car parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. .
1.11 The Allottee has paid a sum of Rs Rs, (( Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan [Schedule ‘C’] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/PlotApartment /Plot] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/PlotApartment /Plot ] based on the carpet area is Rs. _ (Rupees Rupees_ _ only ("“Total Price"”) (Give break up and description): Block/Building/Tower Nono. Apartment Nono. _ _ Type _ _ Floor Rate of Apartment per square feet* Total price (in rupees) [AND] [if /as applicable] Garage / Covered parking – 1 Price for 1 Garage / Covered Parking – 2 Price for 2 Total price (in rupees) _ _ Plot no. _ _ Type _ Rate of Plot per square feet* Total price (in rupees) *Provide break up of the amounts such as cost of apartmentplot, proportionate cost of common areas, preferential location chargestaxes, taxes maintenance charges as per para 11 etc., if/ as applicable. [ANDAnd] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Garage/ Covered parking-1 Price for 1 Garage/ Covered parking-2 Price for 2 Total price (in rupees) _ _
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment / Plot];
(ii) The Total Price above includes Taxes (consisting excluding the fee, duty or tax to be paid to the Government Authorities on account of tax paid or payable by the Promoter by way registering of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promotersale deed) up to upto the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by apartment/ plot to the allottee and the project to the promoter shall association of allottees or the competent authority as the case may be increased/reduced based on such change / modification;after obtaining the completion certificate:
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with alongwith the acts/acts/ rules/ notifications together with dates from which such taxes/taxes/ levies etc. have been imposed or become effective;.
(iv) The Total Price of [Apartment/Apartment Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire fighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided with the (Apartment / Plot) and the Project.
1.3 The Total Price is escalation-free, save and except increases increase which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or and/ or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/cost/ charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/notification/ order/ rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision / withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building building is complete and the occupancy certificate* certificate or such other certificate by whatever name called/ issued by the competent authority is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an in excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment / Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Apartment / Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / share/ interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Apartment / Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiringwriting, electrical connectivity to the apartment, lift, water, line and plumbing, finishing with paint, marbles, tiles, doors, window, fire detection and firefighting fire fighting equipment in the common areas maintenance charges as per para 11 etc. and the includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment / Plot] and the Project. ;
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment / plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Apartment/ Plot] along with garage/closed garage / covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/and / or linked / combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified clarifies that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be the liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. __ (Rupees only_ _ only ) as booking amount being part payment towards the Total Price of the [Apartment/Apartment / Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Apartment / Plot] } as prescribed in the Payment payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees Developer have agreed to sell to the Allottee Purchaser and the Allottee Purchaser hereby agrees to purchase, purchase the [Apartment/Plot] Unit and the Properties Appurtenant thereto as specified in paragraph H; hereinabove.
1.2 The Total Price for total amount agreed to be paid by the [Apartment/Plot] Purchaser is based on the carpet total chargeable area is which has been agreed upon between the parties hereto as recorded herein and the total consideration price payable by the Purchaser to the Vendors/Developer comes to Rs. (Rupees only only). ("Total Price"hereinafter referred to as the TOTAL CONSIDERATION PRICE/PURCHASE PRICE). Carpet Area (sq.ft) Chargeabl e Area (Give break up sq.ft) Price (per sq.ft) Amount (Rs) FLAT BALCONY TERRACE TOTAL (A)
1. CONSIDERATION PRICE (A+B) UTILITY EXPENSES
3. Cost of transformer, generator etc 4. Taxes on Utility Expenses Maintenance Charges Sinking Fund Corporation Tax Deposit CESC Deposit CESC Deposit as per actuals in case of LT line payable on demand. In case CESC provides HT connection, then the Purchaser will have to deposit proportionate amount with the Seller on demand. Documentation/ Legal Fees Rs. --------------/- at the time of execution of this agreement and description): Block/Building/Tower No. Apartment No. Type Floor Rate Rs /- at the time of Apartment per square feet* *Provide break up execution of the amounts such as cost deed of apartment, proportionate cost conveyance. Cheque to be issued in the name of common areas, preferential location charges, taxes etcMr. Ratan Xxx Xxxxxx TOTAL PRICE Rs. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* /- (Rupees /-) Explanation:
(i) The Total Price consideration price above includes the booking amount paid by the allottee Purchaser to the Promoter Vendors towards the [Apartment/Plot];Unit and the Properties Appurtenant thereto.
(ii) The Total Price price above includes Taxes (consisting of tax paid or payable by the Promoter Vendors by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, GST and Cess or any other similar taxes which may be levied, levied in connection with the construction of the Project New Building(s) payable by the Promoter) up to Vendors upto the date of handing over the possession of the [Apartment/Plot]: Unit and the Properties Appurtenant thereto. Provided that in case there is of any change / change/modification in the taxes, the subsequent amount payable by the allottee Purchaser to the promoter Vendor shall be increased/increased and/or reduced based on such change / change/modification;.
(iii) The Promoter Vendors shall periodically intimate in writing to the Allottee, Purchaser the amount payable as stated in (i) above and the Allottee Purchaser shall make payment demanded by the Vendors within 30 (thirty) days from the date of such written intimationtime and in the manner as specified therein. In addition, addition the Promoter Vendors shall provide to the Allottee Purchaser the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share the commercial space includes recovery of price of land, construction of common areas, internal development charges, external development charges, taxes, cost of providing electric wiring; electrical connectivity to the apartment, lift, water line and plumbing, finishing with the paint of exterior walls of the new building, tiles, doors, windows, firefighting equipment’s and fire detection in the Common Areas; common areas and 2) includes cost of providing all facilities, amenities and specifications to be provided within the space and the project;
1.3 The Total Consideration Amount/Purchase Price is escalation-free, save and except increases which the Allottee Purchaser hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes Vendors undertake and agrees agree that while raising a demand on the Allottee Purchaser for increase in development charges, cost/charges imposed by the competent authorities, the Promoter Vendors shall enclose the said relevant notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the AllotteePurchaser, which shall only be applicable on subsequent payments . The Allottee(s) after the expiry of the schedule date of completion of the project as per registration with the Authority, which shall make include the payment extension of registration, if any, granted to the said project by the authority as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate Act and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee charged from the Purchaser.
1.4 The said total consideration amount shall be paid in the manner as provided for in the FOURTH SCHEDULE hereunder written by the Promoter. Purchaser to the Vendors.
1.5 The Vendors shall have the right to provide discount on early payments as may be agreed between the parties in writing.
1.6 It is agreed that the Promoter Vendor/Developer shall not make any additions and alterations in the sanctioned plansplan, layout plans and specifications and the nature of fixtures, fittings and amenities described therein (which shall be in conformity with the advertisement, prospectus etc on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, said Unit without the previous written consent of the Allottee. Provided Purchaser as per provisions of the Act PROVIDED HOWEVER that in the Promoter event of the Purchaser requiring any minor alteration and/or modification and the same is permissible in law, the Seller may make cause the same to be done upon payment of such minor additions or alterations amount as may be required mutually agreed upon and reduced in writing it being further agreed that in the event of the Developer making any modification/alteration in the sanctioned plan as permissible in accordance with the building rules of Kolkata Municipal Corporation and other statutes, the Developer shall be entitled to do so long as the same does not affect the Unit intended to be acquired by the Allottee, or such minor changes or alterations as per Purchaser and the provisions Purchaser hereby consent to the same and no further consent of the Act. [Applicable in case of an apartment] Purchaser shall be necessary and/or required.
1.7 The Promoter Vendors shall confirm to the final carpet area that has been allotted to the Allottee Purchaser after the construction of the Building building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet areaareas. The total price payable for the carpet area shall be recalculated upon confirmation by the PromoterVendors. If there is any reduction in the carpet area within then the defined limit then Promoter Vendors shall refund the excess money paid by Allottee the Purchaser within forty-forty five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the AllotteePurchaser. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allotteethe Purchaser, the Promoter shall Vendors may demand that from the Allottee Purchaser as per the next milestone of the Payment PlanPlan as provided in FOURTH SCHEDULE. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 terms of this Agreement. Subject .
1.8 The Purchaser acknowledges that the certificate which may be given by the Architect of the said Complex/Project certifying the Xxxxxx Area to Clause 9.3 comprise in the Promoter agrees said Unit shall be binding on the parties hereto.
1.9 Upon full payment of the total purchase price and acknowledgesother amounts to be paid in terms of this agreement, the Allottee Vendors agree and acknowledge, the Purchaser shall have the right to the Apartment/Plot] Unit as mentioned below:
(i) The Allottee Purchaser shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee Purchaser shall also have undivided proportionate share in the Common Areascommon areas. Since the share / interest of Allottee the Purchaser in the Common Areas common areas is undivided and cannot be divided or separated, the Allottee Purchaser shall use the Common Areas common areas along with other occupants, maintenance staff etc., etc without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Developer shall convey undivided proportionate title in hand over the common areas to the association of allottees Purchasers after duly obtaining completion certificate from the competent authority as provided in the Act;.
(iii) That The Purchaser has the computation right to visit the project site to assess the extent of development of the price project and his apartment
iv) For the purposes of compliance of the [Apartment/Plot] provisions of Section IV (d) of the said Act the total purchase price includes recovery of price of land, construction of [not only the Apartment Unit but also] also the Common Areascommon areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection electrical connectivity to the apartment, lift, water line and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. plumbing, finishing with paint, marble, tiles, doors, windows, fire
1.10 It is made clear by the Promoter Vendors and the Allottee Purchaser agrees that the [Apartment/Plot] said Unit along with garageopen/closed covered car parking space shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project project covering the said Land land and is not a part of or any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the AllotteePurchaser. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees Purchasers of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.11 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee Purchaser has paid a sum of Rs , Rs. /- (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee Purchaser delays in payment towards any amount for which is payable, he the Purchaser shall be liable to pay interest at the rate specified in the RulesRules i.e., State Bank of India Prime Lending Rate plus 2% p.a.
Appears in 1 contract
Samples: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees agree/s to sell to the Allottee Allottee/s and the Allottee Allottee/s hereby agrees agree/s to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. GRANDEUR TOWER/ MYRIAD TOWER Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up feet of Carpet Area = Rs. /- per Sq. ft. as per unit charge details appearing hereunder written: CARPET AREA OF THE APARTMENT: SQ.FT UNIT CHARGES DETAILS: PARTICULARS RATES PER SQ.FT.OF TOTAL BASIC PRICE @ /- Rs. /- ESCALLATION @ -/- Rs. /- EDC @ /- Rs. /- COST OF EXCLUSIVE BALCONY @ /- Rs. /- COST OF EXCLUSIVE BALCONY @ /- Rs. /- COST OF EXCLUSIVE OPEN TERRACE AREAS @ /- Rs. /- PROPORTIONATE COST OF COMMON AREAS, @ /- Rs. /- PREFERENTIAL LOCATION CHARGES @ /- Rs. /- TOTAL = TAXATION: PARTICULARS On Cost of total Consideration TOTAL GST/VAT/S.T/CESS (As Applicable) / or other Taxes and imposition payable @ % on cost of consideration Rs. TOTAL Rs. MAINTENANCE & MUNICIPAL TAXES & IMPOSITION PARTICULARS Details of Payment TOTAL Monthly Maintenance @ /- per Sq. ft. of carpet area of the amounts such Flat subject to variation time to time as cost would be determined in the project commonly Rs. Municipal Taxes Tentatively @ Rs. /- per Sq. ft. subject to variation time to time as would be levied by the Concerned Municipality chargeable till before Mutation & separation of apartment, proportionate cost Assessment for the subject Flat Rs. Advance Maintenance @ /- per Sq. ft. of common areas, preferential location charges, taxes etccarpet area of the Flat. [AND] [ifRs. TOTAL Rs. GARAGE/as applicable] Plot NoCOVERED CAR PARKING DETAILS: PARTICULARS RATES PER CP. Type Rate of Plot per square feet* TOTAL Car Parking Space @ Rs. /-/Nil Rs. /-/Nil Car Parking Space @ Rs. /-/Nil Rs. /-/Nil TOTAL PRICE IN RUPEES = Explanation:
(i) The Total Price above includes the booking amount paid by the allottee Allottee/s to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, GST and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [ApartmentApartment to the Allottee/Plot]s and the project to the association of Allottee/s or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee Allottee/s to the promoter shall shall, be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee/s;
(iii) The Promoter shall periodically intimate in writing to the Allottee/s, the amount payable as stated in (i) above and the Allottee Allottee/s shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee Allottee/s the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share Apartment includes recovery of price of land, construction of Apartment together with proportionate cost for Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the Common Areas; common areas, maintenance charges as per para 11 etc. and 2) includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project.
1.3 The Total Price is escalation-free, save and except increases increases, which the Allottee Allottee/s hereby agrees agree/s to pay, due to increase on account because of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees agree/s that while raising a demand on the Allottee Allottee/s for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee/s, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee/s.
1.4 The Allottee(sAllottee/s(s) shall make the payment as per the payment plan set out in Schedule C ("hereinafter for convenience “Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee Allottee/s by discounting such early payments @ % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee Allottee/s by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee/s as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee/s, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee Allottee/s after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee Allottee/s within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee/s. IF THERE IS ANY INCREASE IN THE CARPET AREA, the Promoter shall demand WHICH IS NOT MORE THAN THREE PERCENT OF THE CARPET AREA OF THE APARTMENT, ALLOTTED TO ALLOTTEE/S, THE PROMOTER MAY DEMAND that from the Allottee Allottee/s as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees agree/s and acknowledges, the Allottee Allottee/s shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee Allottee/s shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee Allottee/s shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee Allottee/s in the Common Areas is undivided and cannot be divided or separated, the Allottee Allottee/s shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees Allottee/s after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] also the cost for Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Apartment and the Project. ;
(iv) The Allottee/s has the right to visit the project site to assess the extent of development of the project and his/her/their Apartment, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees Allottee/s agree/s that the [Apartment/Plot] Apartment along with garage/closed covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. /s. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees Allottee/s of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees agree/s to pay all outgoings before transferring the physical possession of the apartment to the AllotteesAllottee/s, which it has collected from the AllotteesAllottee/s, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees Allottee/s or any liability, mortgage loan and interest thereon before transferring the apartment to the AllotteesAllottee/s, the Promoter agrees agree/s to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee Allottee/s has paid a sum of Rs , Rs. (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment at the time of application the The receipt of which the Promoter hereby acknowledges and the Allottee Allottee/s hereby agrees agree/s to pay the remaining price of the [Apartment/Plot] Apartment as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee Allottee/s delays in payment towards any amount for which is payable, he he/she/it/they shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 1 contract
Samples: Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; H. The Total Price payable for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees ) only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot feet Apartment No. Type Rate of Plot per square feet* Type………. Floor………… Explanation:
(i) The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGSTG.S.T. and C.G.S.T. , if any as per law, law and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) , up to the date of handing over the possession of the [Apartment/Plot]: apartment; Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee Allottee to the promoter shall be increased/reduced based on such change / change/modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirtyThirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: includes 1) pro Pro rata share in the Common Areas; common areas, and 2if, Garage(s)/closed parking (s) as provided in the agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/cost/ charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule Schedule-C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting discontinuing such early payments @ % NIL per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. , If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-forty- five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to the Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment payment Plan. All these monetary adjustments shall be made at the same rate as per square feet as agreed in Clause 1.2 of this Agreementagreement. Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / share/interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. ; Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees allottess as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of proportionate share of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Agreement/Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plotthe[Apartment] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Building/Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling failing outside the Project, project namely MAYFAIR PARK VIEW shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 1972; The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. The Allottee has paid a sum of Rs , Rs. (Rupees only) only equivalent to 10% of the total price as booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment paid at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Apartment as prescribed in the Payment Plan [Schedule-C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Samples: Sale Agreement
Terms. a. Subject to the terms and conditions as detailed in this Agreement, the Promoter Owner agrees to sell to the Allottee and the Allottee hereby agrees to purchase, purchase the [Apartment/Plot] as specified Unit more particularly described in paragraph H; Schedule B hereto.
b. The Total Price for the [Apartment/Plot] Unit based on the carpet area is Rs. Carpet Area (Rupees only ("“Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up ”), is more particularly set out in Schedule C hereto, which includes the proportionate price of the amounts such proportionate undivided impartible share or interest in the land appurtenant to the said Unit as cost also in the common areas and facilities in relation to the said Unit, to be paid as per the Payment Schedule as mentioned in Schedule D.
c. The specification of apartmentthe said Unit to be provided by the Owner are set out in Schedule F hereto.
d. The Owner hereby agrees to allot to the Allottee(s), proportionate cost of common areas, preferential location charges, taxes etcthe right to car park as mentioned in Schedule B for his own use and not otherwise. [AND] [if/as applicable] Plot NoEach allotted car parking space will entitle the Allottee(s) the right to park only one vehicle in the Puzzle Parking Area without having any specified or fixed spot for parking. Type Rate of Plot per square feet* The right to use the car parking space under no circumstances is separately transferable and shall always be a right attached to the said Unit. Explanation:
(i) The Total Price above includes the booking amount Application Amount paid by the allottee Allottee(s) to the Promoter Owner towards the [Apartment/Plot];said Unit, the receipt whereof, the Owner does hereby acknowledge.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, MACD and other charges stated herein and escalations/increases/impositions due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority authority/ Local Bodies/ Government from time to time, including but not limited to internal development charges, external development charges, infrastructure development charges, premiums and/or all other charges, payments, surcharges, cesses, taxes, levies, duties, etc. payable to the competent authority/ Local Bodies/Government. The Promoter Owner undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/cost/ charges imposed by the competent authorities, the Promoter Owner shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
e. The Allottee(s) shall hereby agrees to make the payment of the Total Price as per the payment plan Payment Schedule more particularly set out in Schedule C D herein below ("“Payment Plan"Schedule”). .
f. The Promoter Owner may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee Allottee(s) by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for of allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. Owner..
g. It is agreed that the Promoter Owner shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein in respect of the apartment, plot or building, as the case may beUnit, without the previous written consent of the AllotteeAllottee as per the provisions of the Act, save any changes which may be necessary for the safety of the Building and/or necessary for compliance with the law in force. Provided that the Promoter Owner may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
h. The Promoter Owner shall confirm the final carpet area that has been allotted to the Allottee Allottee(s) after the construction of the Building is complete and the occupancy certificate* is granted by the competent authoritycomplete, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within of more than five percent, then the defined limit then Promoter Owner shall refund the excess money paid by the Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. In such event the only recourse of the Allottee(s) shall be refund by the Owner of the excess money as per applicable law. If there is any increase in the carpet area allotted to Allotteearea, the Promoter Allottee(s) shall demand that from the Allottee as per make payment for such area with the next milestone of the Payment PlanSchedule and/ or on or before possession and the Allottee(s) shall not be entitled to cancel and terminate this booking on account for this variation. All these Such monetary adjustments adjustment shall be made at in proportion to the same rate per square feet as agreed in Clause 1.2 Total Price.
i. Subject to provisions of this Agreement. Subject to Clause 9.3 , the Promoter Owner agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Unit as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot]Unit;
(ii) The Allottee shall have a right to car park (if applicable);
(iii) The Allottee shall have undivided proportionate impartible share and interest in the Project Land appurtenant to the said Unit hereby agreed to be sold.
(iv) The Allottee shall also have undivided proportionate share in the land appurtenant to the said Unit as also in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Owner shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;.
(iiiv) That the computation of the price Total Price of the [Apartment/Plot] Unit includes recovery of price of land, construction of [not only the Apartment but also] Unit, the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the unit, lift, Generator, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Unit and the Project, except for the MACD and other amounts set out in Schedule E;
(vi) The Allottee agrees and undertakes that for the purpose of security, the Owner shall be free to restrict the entry of visitors to the Project site. The Allottee(s) xxxxxx agrees to abide by all the rules and regulations framed by the Owner from time to time for site visit.
j. It is made clear by the Promoter Owner and the Allottee agrees that the [Apartment/Plot] Unit along with garage/closed parking the right to car park shall be treated as a single right and shall be indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Project Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees allottees of the Project.
k. The Total Price as mentioned in Schedule C and the MACD and all such other amounts as mentioned in Schedule E are exclusive of all taxes charges, levies, cess etc., applicable on transfer and sale of Unit to the Allottee(s) and applicable on the construction, project cost, work contracts on the said Project, including but not limited to Goods and Services Tax (GST), education cess, labour cess, surcharge, Swachh Bharat Cess, etc. It is understood both present and future or in any increase thereof, as may be applicable from time to time. Such amounts shall be separately charged and recovered from the Allottee(s), on pro-rata basis. The Allottee(s) would also be liable to pay interest/ penalty/ loss incurred by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part Owner on account of the declaration Allottee(s)’s failure and/ or delay to pay such taxes, levies, cess, statutory charges etc.
l. Further, all stamp duty amount, registration charges, statutory charges, lease rental, all taxes, levies, cess etc. as may be filed applicable, due and levied by the statutory or local authority with respect to purchase of the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 said Unit.
m. The Promoter Owner agrees to pay all outgoings before transferring the physical possession of the apartment Unit to the AllotteesAllottee, which it has collected from the AllotteesAllottee, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the projectProject). If the Promoter Owner fails to pay all or any of the outgoings collected by it from the Allottees Allottee or any liability, mortgage loan and interest thereon before transferring the apartment Unit to the AllotteesAllottee for the period upto the conveyance deed / possession / deemed possession, whichever is earlier, the Promoter Owner agrees to be liable, even after the transfer of the propertyUnit, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
n. The Allottee has Allottee(s) has/have paid a sum such amounts as mentioned in the Memo written hereunder till the execution of Rs , (Rupees only) this Agreement as booking amount being part payment towards of the Total Price of for the [Apartment/Plot] at said Unit to the time of application Owner, the receipt of which the Promoter Owner hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Unit as prescribed in the Payment Plan Schedule (Schedule D) as may be demanded by the Promoter Owner within the time and in the manner specified therein: Provided that if the allottee Allottee(s) delays in payment towards any amount for which is payable, he the Allottee shall be liable to pay interest in the manner set out herein below.
o. The Allottee(s) shall on or before the due dates or as demanded by the Owner, pay and keep deposited with the Owner such MACD and other outgoings as specified in Schedule E.
p. The Allottee(s) is aware of the applicability of Tax Deduction at Source (TDS) with respect of the Unit. Further, the Allottee(s) is aware that the Allottee(s) has to deduct the applicable TDS at the rate specified time of making of actual payment or credit of such sum to the account of the Promoter, whichever is earlier as per Section 194-IA in the RulesIncome Tax Act, 1961. Further, the Allottee(s) shall submit the original TDS certificate within the prescribed timelines mentioned in the Income Tax Act, 1961.
q. The amounts mentioned as MACD as mentioned in Schedule E herein are provisional and based on estimates. If there are any additional charges and/ or increase in the existing charges due to actual cost incurred or demand by statutory authority and/ or otherwise, any shortfall shall be paid by the Allottee(s). The Allotee(s) shall separately pay the common area maintenance charges (“CAM Charges”) as per the terms of this Agreement. The Allottee(s) shall be liable to pay both the deposits and the monthly expenses towards CAM charges in accordance with this Agreement, time being of the essence.
r. Any new infrastructure charges and increase thereof for bulk supply of electrical energy and all / any other charges as mentioned under Schedule C & E are not included in the Total Price of the said Unit and the actual/ proportionate amount shall be additionally payable by the Allottee(s) on or before the offer of possession of the said Unit.
s. The Allottee(s) shall pay all charges and expenses with respect to formation of the Organization, including but not limited to professional costs of the Advocates of the Owner, Share Money, Legal Charges, consultancy retainer fees and the cost of preparing and engrossing the conveyance, as the case may be, at any time on or before the execution and registration of the Agreement for Sale.
t. In case of any financing arrangement entered by Allottee(s) with any Bank or Financial Institution with respect to the purchase of the said Unit, the Allottee(s) undertakes and confirms to direct such Bank or Financial Institution to and shall ensure that such Bank or Financial Institution disburse all such amounts and installments as mentioned in Schedule C & E, due and payable to Owner through an account payee cheque/demand draft drawn in favour of the Owner. Any failure of such Bank or Financial Institution shall be treated as
Appears in 1 contract
Samples: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the LIG/ EWS flat/ Shops & Offices in the 2nd Phase of the Project [Apartment/Plot] as specified in paragraph H; para G.
1.2 The Total Price for the LIG/ EWS flat/ Shops & Offices in the 2nd Phase of the Project [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): LIG/ EWS flat/ Shops & Offices Rate of LIG/ EWS flat/ Shops & Offices per sqft: Block/Building/Tower Nono. Apartment NoFloor Total price (in rupees) Provided that the amounts mentioned under the heads, Taxes, Maintenance Charges, Any Extra Charge for Amenities/Facilities, Service Charges and other heads of like nature, shall not be taken into account, while determining the Market Value of the said LIG/ EWS flat/ Shops & Offices for the purpose of calculation of the Stamp Duty, Registration Charges and any other incidental expenses, for the execution and registration of this Agreement to Sale or the Conveyance/Sale Deed to be executed in future, with respect to the said LIG/ EWS flat/ Shops & Offices. Type Floor Rate of Apartment per square feet* *Provide break up breakup of the amounts such as cost of apartment, cost of exclusive balcony or veranda areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para 11 etc., if/as applicable. [AND [if /as applicable] Garage/Covered parking -1 Price for 1 Garage/Covered parking -2 Price for 1 Total price (in rupees) *Provide breakup of the amounts such as cost of plot, proportionate cost of common areas, taxes, maintenance charges as per para 11 etc., if/as applicable. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Covered parking -1 Price for 1 Garage/Covered parking -2 Price for 1 Total price (in rupees) Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the LIG/ EWS flat/ Shops & Offices [Apartment/Plot];
(ii) The Total Price above includes Taxes as mentioned in the breakup of prices (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.G.
Appears in 1 contract
Samples: Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] second schedule mentioned flat & parking space as specified in paragraph HG; The Total Price for the [Apartment/PlotApartment/ flat] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. – N.A. Apartment Nono. _ Type Residential Floor Floor Rate of Apartment apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etcSq. [AND] [ifFeet @ Rs. _ /- per Sq. Feet Total price (in rupees) Rs. /- ( ) (Round) Underneath / Stilt/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Open Parking Rs- /- Garage/ Stilt/Open Parking 2 N.A. Total Price (in rupees) Rs- /- (_________________________________)
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/PlotApartment/ Flat];
(ii) The Total Price above includes excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/PlotFlat]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/PlotFlat] includes: 1) pro rata share in the Common Areas; and 2) stilt parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges or Taxes payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable applica ble on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C Fourth ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:.
(i) The Allottee shall have exclusive ownership of the [Apartment/PlotFlat];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plotflat] includes recovery of price of land, construction of [not only the Apartment but also] also the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plotflat] along with garage/closed Stilt parking shall be treated as a single indivisible divisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely Kalpataru shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , 3,09,815/- (Rupees onlyThree Lac Nine Thousand Eight hundred Fifteen Only) as booking amount being part payment towards the Total Price of the [Apartment/Plotflat] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/PlotFlat] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Samples: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/PlotFLAT] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/PlotFLAT] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower NoFLAT no. Apartment No. Block Name Type Floor Rate of Apartment FLAT per square feet* Total price (in rupees) *Provide break up of the amounts such as cost of apartmentFLAT, proportionate cost of common areas, preferential location chargestaxes, taxes maintenance charges as per para 11 etc., if/as applicable. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Covered parking - 1 Price for 1 Garage/Covered parking - 2 Price for 2 Total price (in rupees) Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/PlotFLAT];
(ii) The Total Price above includes exclude Govt. Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoterapplicable
(iii) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iiiiv) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(ivv) The Total Price of [Apartment/PlotFLAT] includes: 1) pro rata share in includes recovery of price of land, construction of the Common Areas; and 2) , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the FLAT , water line , all other facilities, amenities within the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ 8% per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, FLAT without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations Allottee as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.7 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot[FLAT] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/PlotFLAT];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/PlotFLAT] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in electrical connectivity to the common areas [FLAT], lift, water line per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [FLAT] and the Project. ;
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his [FLAT]/FLAT, as the case may be.
1.8 It is made clear by the Promoter and the Allottee agrees that the [Apartment/PlotFLAT] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-self- contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.9 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment [FLAT] to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If project).If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment [FLAT] to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. .
1.10 The Allottee has paid a sum of Rs , Rs. (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/PlotFLAT] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/PlotFLAT] as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified rate12% or as prescribed in the Rules.
Appears in 1 contract
Samples: Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter Xxxxxxxxx agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/PlotApartment ] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/PlotApartment ] based on the carpet area is Rs. (Rupees only ("“Total Price"”) (Give break up and description): ) : Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* Type Floor Garrage/Covered parking-1 Total price (in rupees) *Provide break up of The amounts includes the amounts such as cost of apartment, cost of exclusive balcony of verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, etc. [AND] [., if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:.
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter Developer towards the [Apartment/Plot];apartment
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter Developer by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, apart from GST which shall be extra, in connection with the construction of the Project payable by the PromoterDeveloper , by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]Apartment to the allotee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate : Provided further that in case if there is any change / modification increase in the taxestaxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the subsequent amount payable by same shall not be charged from the allottee to the promoter shall be increased/reduced based on such change / modificationallottee;
(iii) The Promoter Developer shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Developer within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter Developer shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of Apartment ] [Apartment/Plotincludes recovery of price of land, construction of [not only the Apartment but also] includes: 1) pro rata share in the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para II etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/ Plot] and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter Developer undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter Developer shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C „C‟ ("“Payment Plan"”). .
1.5 The Promoter Developer may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ - % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. Developer .
1.6 It is agreed that the Promoter Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule „D‟ and Schedule ‟E‟ (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Allottee as per the provisions of the Act: Provided that the Promoter Developer may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter Developer shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the charges, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the PromoterDeveloper . If there is any reduction in the carpet area within then the defined limit then Promoter Developer shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall Developer may demand that from the Allottee as per the next milestone of the Payment PlanPlan as provided in Schedule „C‟ . All these thes monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter Developer agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot[Apartment ] as mentioned belowbelow :
(i) The Allottee shall have exclusive ownership of the [Apartment/PlotApartment ];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / shar interest of Allottee in the Common Areas is in undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Developer shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Apartment/ Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as , amenities and specifications to be provided within the [Apartment/ Plot) and the Project. .:
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and the Apartment , as the case may be.
1.9 It is made clear by the Promoter Developer and the Allottee agrees that tht the [Apartment/PlotApartment ] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.with
Appears in 1 contract
Samples: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, purchase the [Apartment/Plot] Apartment as specified in paragraph H; Recital 25.
1.2 The Total Price for the [Apartment/Plot] based on the carpet area Consideration of Apartment is Rs. _ ___ _ _______ __ ) only (“Total Consideration of Apartment”). (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. ._____ Type BHK Floor ____ Rate of Apartment per square feet* *Provide break up foot of carpet area : Rs._ /- Cost of apartment Rs._ /- Cost of exclusive balcony or verandah areas Rs._ /- Cost of exclusive open terrace Rs._ /- Preferential Location Charges Rs._ /- Cost of Car Park – Rs._ /- Consideration for the amounts such Apartment Rs._ /- Total Extras & Deposits As detailed in Clause 34.7 hereinbelow Total Taxes (GST) on Consideration & Extras & Deposits As per the applicable rate as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:decided by the Promoter
(i) i. The Total Price of Apartment above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) . The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]plot to the allottee and the project to the association of allottees or the, competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount amount-payable by the allottee to the promoter shall be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) . The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) . The Total Price includes interaliaincludes interalia recovery of [price of land, construction of the Apartment/Plot] includes: 1) pro rata share in , if any, the Common Areas; and 2) Common
1.3 The Total Price is Priceis escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C [C] ("Payment Plan"). .
1.5 The Promoter may allow, in its sole discretion, discretion a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum as decided by the Promoter and for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartmentApartment, plot or buildingBuilding, as the case may be, without the previous written consent of the Allottee. Allottee as per the provisions of the Act: Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm to the final carpet area that finalcarpet areathat has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable Pricepayable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within 45 (forty-five five) days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase more than 3% in the carpet area allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 9.3, the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership rights of the [Apartment/Plot]Unit and the Garage;
(ii) The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Promoter shall convey undivided proportionate title in hand over the common areas to the association Association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation Computation of the price of the [Apartment/Plot] includes priceincludes interalia recovery of price of land, construction of [not only the Apartment but also] Apartment, if any, the Common Areas, internal development charges, external development charges, taxes, cost costs of providing electric wiring, electrical connectivity to the Apartment, lift, waterline and plumbing, finishing with paint, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment/ Plot] and the Project. .
(iv) The Allottee has the right to visit the project site to assess the extent of development of the Project and his Apartment, as the case may be,
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/closed parking the Garage shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment Apartment to the Allotteesallottees, which it has collected from the Allotteesallottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allotteesallottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. [ ] (Rupees [_ ] only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Booking Amount, at the time of application application, the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Apartment as prescribed in the Payment Plan (Schedule C) as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee Allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 1 contract
Samples: Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby here by agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up breakup of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case incase there is any change / change/ modification in the taxes, taxes ,the subsequent sub sequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (iin(i) above and the Allottee shall make payment within 30 (thirtywithin30(thirty) days from the date of such written intimation. In additionaddition , the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/taxes / levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartmenttotal price of[Apartment/Plot] includes: 1) pro Plot]includes:1)pro rata share in the Common Areasareas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or and /or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes under takes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponedproponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein there in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartmentthe[Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / share/ interest of Allottee in the Common Areas is undivided and cannot be divided or separatedseparated , the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees Allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting fire fighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a forma part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas i.e .areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the AllotteesAllottees , for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as only)as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartmentthe[Apartment/Plot] as prescribed in the Payment Plan as may be maybe demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Samples: Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; Para G.
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. _ _ _ _ __ (Rupees _ _ _ _ _ only ("Total Price") (Give break up and description): Block/Building/Tower Nono. _ _Apartment Nono. Type _ _ Floor Rate of Apartment per square feet* Total price (in rupees) _ _ _ *Provide break up breakup of the amounts such as cost of apartment, cost of exclusive balcony or veranda areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para 11 etc., if/as applicable. [AND] [if/as applicable] Garage/Covered parking - 1 Price for 1 Garage/Covered parking - 2 Price for 2 Total price (in rupees) _ _ _ [OR] Plot Nono. _ _ _Type _ _ Rate of Plot per square feet* Explanation:Total price (in rupees) _ _ _ *Provide breakup of the amounts such as cost of plot, proportionate cost of common areas, taxes, maintenance charges as per para 11 etc., if/as applicable. [AND] [if/as applicable] Garage/Covered parking – 1 Price for 1 Garage/Covered parking – 2 Price for 2 Total price (in rupees) _ _ _
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]Plot to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall shall, be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project.
1.3 The Total Price is escalation-free, save and except increases increases, which the Allottee hereby agrees to pay, due to increase on account because of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ 2 % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot apartment or buildingplot, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project. ;
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed covered parking (if applicable) shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-self- contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities described herein at Schedule ‘D’ and Schedule ‘E’ shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. (Rupees _ _ _ _ _ _only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the The receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 1 contract
Samples: Agreement for Sale
Terms. 2.1 Subject to the terms and conditions as detailed in this Agreementagreement, the Promoter agrees Promoters agree to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; Schedule-B;
2.2 The Total Price for the [Apartment/Plot] Apartment and appurtenances based on the carpet area is Rs. (Rupees only only) ("Total Price") (Give break up ): Apartment and description): Block/Building/Tower No. appurtenances details Amount Apartment No. Type Floor Rate of Apartment Car Parking Space Charges for Infrastructure & Amenities Consolidated Price without GST in Rupees GST as per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* prevailing rates Total Price in Rupees Explanation:
(i) I. The Total Price above includes the booking amount paid by the allottee to the Promoter Promoters towards the [Apartment/Plot];
(ii) II. The Total Price above includes Taxes (taxes consisting of tax paid or payable by the Promoter Promoters by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) Promoters up to the date of handing over the possession of the [Apartment to the Allottee and the project to the Association of Allottees or the Competent Authority, as the case may be, after obtaining the completion/occupancy certificate subject to Clause 13 hereafter providing that the cost of maintenance of the Apartment/Plot]: Building or the Project shall be carried out by the Promoter–I upto a maximum period of 3 months after completion/occupancy certificate which shall be included in the Total Price. Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter promoters shall be increased/reduced based on such change / modification;; provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority, as per the Act, the same shall not be charged from the Allottee.
(iii) III. The Promoter Promoter–I shall periodically intimate to the Allottee, the amount payable as stated in (i) herein above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter – I shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;.
(iv) IV. The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] also the Common Areascommon areas /common parts and facilities s, internal development charges, internal/external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Apartment, lift, water line and plumbing, finishing with paint, tiles, doors, windows, fire detection and firefighting equipment fire fighting equipments in the common areas areas/ common parts and facilities, maintenance charge as per Clause 13, etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. It is /Complex; and parking (if any) as provided in the Agreement.
V. The Allottee has been made clear aware that as required by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part provisions of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit Sec 13 of the Allottee. It Act, this Agreement is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration required to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or personregistered.
VI. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards acknowledges that the Total Price has been agreed between the parties taking into account the effect and benefits of the [Apartment/Plot] at input tax credit under the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rulesapplicable laws.
Appears in 1 contract
Samples: Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee theAllottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartmentthe[Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the tothe date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the bythe allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the withthe acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become orbecome effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development chargesdevelopmentcharges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, ,which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate ofrebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans layoutplans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. .Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area carpetarea allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest /interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the withinthe Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, ,namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land costlandcost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking asbooking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by demandedby the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Samples: Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, purchase the [Apartment/Plot] Apartment as specified in paragraph H; Recital H.
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. [ ] (Rupees only [ ] only) ("Total Price") (Give break ), the break-up and description): Block/Building/description of which is as provided herein below: Tower No. ___ __ Apartment No. __ ___ ___ Type Floor ____ __ __ Rate of Apartment per square feet* *Provide break up foot of carpet area Floor _ ___ __ _ Cost of Carpet Area of Apartment Cost of exclusive balcony or verandah areas Cost of Exclusive Terrace Cost of Proportionate Common Areas, External Walls Preferential Location Charges Garage/Covered/Open/Podium (basement, ground, first floor) Parking – Consideration for the Apartment Which is inclusive of: The Application Money The Booking Amount being 10% of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etcConsideration for the Flat Extras & Deposits : WBSEDCL Transformer Charges: On Actuals WBSEDCL Security Deposit: On Actuals Generator Connection: INR. [AND] [if/as /- per Sinking Fund: Municipality Deposit for 1 Year: Legal Charges: Advance Maintenance Charges: 1st Nomination Charges: Association Formation Charges: KVA Taxes (GST) As applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) i. The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) . The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]plot to the allottee and the project to the association of allottees or the, competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount amount-payable by the allottee to the promoter shall be increased/reduced based on such change / modification;: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee; Provided further that the amount in respect of the Individual Electricity Meter Deposit shall be paid by the Allottee directly to the concerned Electricity Department
(iii) . The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) . The Total Price of [Apartment/Plot] includes: 1) pro rata share in includes interalia recovery of price of land, construction of the Apartment, if any, the Common Areas; , internal development charges, external development charges, taxes, maintenance charges etc. and 2) includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/ Plot] and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C [C] ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.5 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule [D] (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartmentApartment, plot or buildingBuilding, as the case may be, without the previous written consent of the Allottee. Allottee as per the provisions of the Act: Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.6 The Promoter shall confirm to the final carpet net area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet net area. The total price payable for the carpet net area shall be recalculated upon confirmation by the Promoter. If there is any reduction more than 3% in the carpet net area within then the defined limit then Promoter shall refund the excess money paid by Allottee within 45 (forty-five five) days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase more than 3% in the carpet area allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan, with annual interest at the rate prescribed in the Rules, from the date when such amount was due. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.7 In case of any dispute on the measurement of the Net area, the same shall be physically measured after removing all finishes that have been applied/ fitted and the cost of removal and refitting of such finishes shall be borne by the Party which raises the dispute in relation to the measurement of Net area.
1.8 Subject to Clause 9.3 9.3, the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership rights of the [Apartment/Plot]Unit and the Garage;
(ii) The Allottee shall also have the right of use of undivided proportionate share in the rights of the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Promoter shall convey undivided proportionate title in hand over the common areas to the association Association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That The Allottee has the computation right to visit the project site to assess the extent of development of the price Project and his Apartment, as the case may be, upon giving prior intimation of 3 (three) days to the Promoter. The Promoter including Project staffs shall not be liable for any untoward incident or accident.
(iv) The Promoter will not entertain any request for modification in the layouts of the [Apartment/Plot] includes recovery Apartment and external facade of price of land, construction of [not only the Apartment but also] the Building(s) and Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection Areas including common facilities and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. amenities.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/closed parking the Garage shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment Apartment to the Allotteesallottees, which it has collected from the Allotteesallottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allotteesallottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The .
1.11 Out of the Booking Amount, the Allottee has paid a sum of Rs , Rs. [ ] (Rupees [ ] only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] application money (“Application Money”) at the time of application applying for the Apartment, the receipt of which the Promoter hereby acknowledges acknowledges. On or before the Effective Date the Allottee has paid the balance Booking Amount of Rs. [ ] (Rupees [ ] only) . The Booking Amount forms part of the Total Price and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Apartment as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee Allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 1 contract
Samples: Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early suchearly payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings proceedin gs which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Samples: Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph HF; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): ) Block/Building/Tower Nono. 1 Apartment Nono. 2A Type 2BHK Floor Second Rate of Apartment per square feet* Rs *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate Garage/Closed parking - 1 Included in cost of Plot per square feet* flat so no extra consideration payable Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) one garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ 9 % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/1 no. garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-self- contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely 00 Xxxx Xxxxxxxx Xxxx, Xxxxxxx 000000 shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs 1,00,000/-, (Rupees One lac only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Samples: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; para G
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees …………………………..(Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No…………. Apartment No. ………………….. Type ………………………… Floor ……………………… Rate of Apartment per square feet* Total price (in rupees) *Provide break up of the amounts such as cost of apartment, cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para II etc. [AND] [., if/as applicable] Plot No. Type Rate of Plot per square feet* applicable Garage/Covered parking-1 Price for 1 Garage/Covered parking-2 Price for 2 Total price (in rupees Explanation:
(i) The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: apartment to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification/modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications rules /notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of Apartment includes recovery of price of land, construction of [Apartment/Plotnot only the Apartment but also] includes: 1) pro rata share in the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para II etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/cost/ charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % @-% per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule 'D' and Schedule 'E' (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. , If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be he divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Apartment and the Project. ;
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/closed covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , (Rupees ……………only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Plot as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 1 contract
Samples: Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter Developer cum Seller agrees to sell to the Allottee (s) and the The Allottee (s) hereby agrees to purchase, purchase the [Apartment/Plot] Shop/Office Space as specified in paragraph H; Para-G.
1.2 The Total Price for of the [Apartment/Plot] Apartment based on the carpet area is Rs. Rs.20,72,000/= (Rupees Nineteen Lakhs Eighty Four Thousand) only ("Total Price") (Give plus 5% GST or as applicable from time to time with the following break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* up: Explanation:
(i) The Total Price total price above includes the booking amount paid by the allottee to the Promoter Developer cum Seller towards the [Apartment/Plot]Shop/Office Space as mentioned under Para-G;
(ii) The Total total Price above includes Taxes (consisting of tax all other taxes and cess paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes Developer cum Seller on input costs but excluding GST which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: is 5% at present on total advance payments; Provided that in case there is any change / modification /modification in the taxes, the subsequent amount payable by the allottee to the promoter Developer cum Seller shall be increased/reduced based on such change / modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee;
(iii) The Promoter shall Developer cum Seller periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment payments demanded by the Developer cum Seller within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter Developer cum Seller shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price total price of [the Apartment/Plot] includes: 1) pro rata share Shop/Office Space includes recovery of price of land, construction of not only the Apartment, but also the common areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Apartment/Shop, Lift, water line, plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire-fighting equipment in the Common Areas; common areas, maintenance charges as per Para 11 etc. and 2) includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment/ Shop/Office Space and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/cost/ charges imposed by the competent authorities, the Developer/Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). .
1.5 The Developer/Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ payments, 10% per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Developer/Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein de bed herein at Schedule 'D' and Schedule ’E’ (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that that, the Promoter may make such minor additions or alterations as alterations, which may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [
1.7 (Applicable in case of an apartment] /Shop/Office) The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. , If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartments Plot] ) as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];Shop),
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be he divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It it is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;:
(iii) That the computation of the price of the [Apartment/PlotApartment/ Shops] includes recovery of price of land, construction of [(not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting fire-fighting equipment in the common areas areas, maintenance charges as per Para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Apartment/ Shop/ Office Space and the Project. .
1.9 It is made clear by the Promoter Developer /Promoter and the Allottee agrees that the [Apartment/Plot] along with Shop/office Space alongwith garage/closed Covered parking Space No.3 at the basement shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the useand enjoymentoftheAllotteesofthe Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Developer/Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges changes for water or electricity, maintenance chargeschanges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Developer/Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Developer/Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal chargeschanges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs.2,00,000/= (Rupees onlyTwo Lakhs) only including GST 5% as booking amount being part payment towards the Total Price of the [Apartment/Plot] Shop/Office Space at the time of application the receipt of which the Developer/Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Shop/Office Space as prescribed in the Payment Plan [Schedule-C] as may be demanded determined by the Developer/Promoter within the time and in the manner specified therein: Provided that if the allottee Allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the prescribed inthe Rules.
Appears in 1 contract
Samples: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreementagreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; Schedule-B;
1.2 The Total Price (excluding Goods & service Tax) for the [Apartment/Plot] Apartment and appurtenances based on the carpet area o f t h e U n i t is Rs. - /- (Rupees only only), hereinafter referred to as “the Unit Price”. In addition thereto the Allottee has agreed to pay the Other Costs and Deposits and Taxes (which all alongwith the Unit Price all hereinafter collectively referred to as "Total Price") (Give break . The break-up and description): Block/Building/Tower description of the Total price is as follows : Apartment and appurtenances details Rate of the Unit persquare feet (to be derived from amounts as per Carpet area) Unit No. Apartment No: Type : Floor : Rs. Type Floor Rate of Apartment per square feet* *Provide break up _ /- Exclusive balcony or Verandah or Open Terrace Included in Total price above Parking - 1 ( _) No Separate Charges / Not Applicable [A] Total Unit price (in Rupees) without Taxes Rs. / - [B-1] Other Costs : (If Applicable) [i] Transformer Charges : Allottee's share of the amounts costs charges andexpenses for procuring electricity connection by way of Transformer, Electric Sub-station for the Project, Rs. / - [ii] Generator Connection : Xxxxxxxx's share of the costs charges and expenses for common Generator and its accessories and providing for supply of Power of about KVA therefrom to the said Unit during CESC power failure (Rs._ /- per KVA) Rs. / - [iii] Association Formation charges : Rs. / - [iv] Window Grill charges Rs. / - [B-2] Other Costs : (If Applicable) [i] Legal and Documentation charges : Documentation charges 50% of which shall be paid simultaneously with the execution hereof andbalance 50% within 15 days from the date of receiving the intimation from the Promoter to take possession of the said Unit. Rs. / - [ii] Incidental charges (for facilitating the process of registration)Rs. /- onAgreement & Rs._ /- on Rs. / - [iii] CESC Meter charges : On Actuals [i] Sinking Fund Deposit : Amount payable towards provisionalMaintenance Corpus/Sinking Fund. Rs. / - [ii] Maintenance Charges Deposit : Amount payable as deposit with the Promoter as and by way of advance Maintenance charges deposit, @ Rs. per sft. equivalent to months', as against the bills for monthly maintenance charges to be raised by the Promoter upon the Allottee in respect of the Designated Apartment for 24 months from the expiry of notice period of the intimation given to the Allottee to take possession, the Promoter shall adjust such advance amenities charges deposit. Rs. / - [iii] Property Tax Deposit : To keep deposited with the Promoter anInterest Free Security Deposit of Rs._ /- per sft. for 12 months, as cost Municipal Tax Deposit refundable to the Allottee on separate assessment of apartment, the Designated Apartment by the municipal authority or adjusted against the proportionate cost Tax of common areas, preferential location charges, taxes etcthe said unit till the same is not separately assessed or against any other dues of the Allottee at the material time. [AND] [if/as applicable] Plot NoRs. Type Rate of Plot per square feet* / - Explanation:
(i) I. The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) II. The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, is excluding GST & Deposits and Cess or also any other similar taxes which may be leviedlevied in future, in connection with the construction of the Project payable by the Promoter) Promoter up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate Apartment to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.case
Appears in 1 contract
Samples: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up Block/Building/Tower no. Apartment no. Type Floor Total Priceof apartment (A) Breakup of the Total Price of Rs. /- is as follows ;-
(a) Cost Of Apartment : Rs. /-
(b) Cost of Exclusive Balcony : NIL
(c) Cost of Exclusive Open Terrace Areas : NIL
(d) Proportionate Cost Of Common Area : NIL
(e) Preferential Location Charges (If Applicable) : Rs. /-
(f) GST/Taxes (As Applicable) : Rs. /-
(g) Maintenance Charges as per Para 11 : Rs. /-
(h) Society Formation Charges : Rs. /-
(i) Electricity Connection & Meter Charges : Rs. /-
(j) Club House Charges : Rs. /-
(k) Sinking Fund : Rs. /-
(l) (Any Other Charges If Applicable) : Rs. /- Provided that the amounts mentioned under the heads, Taxes, Maintenance Charges, Any Extra Charge for Amenities/Facilities such as cost Club House etc., Society Formation Charges, Service Charges such as Electricity Connection & meter Charges etc., Sinking Fund and other heads of apartmentlike nature, proportionate cost shall not be taken into account, while determining the Market Value of common areasthe said Apartment for the purpose of calculation of the Stamp Duty, preferential location chargesRegistration Charges and any other incidental expenses, taxes etcfor the execution and registration of this Agreement to Sale or the Conveyance/Sale Deed to be executed in future, with respect to the said Apartment. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Covered parking - 1 Price for 1 Garage/Covered parking - 2 Price for 2 Total price (in rupees) Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]plot to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee; Provided further that the stamp duty, registration and other taxes which are payable by the allottee on purchase of the said apartment/flat need to be separately paid and are not included in the above total price.
(iii) The Promoter shall periodically intimate in writing/sms/ Email to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee if demand the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total grand total Price as per para 1.2includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/Plot] includes: 1) pro rata share and the Project. Provided that the Alottees who choose to avail Special Amenity/Facility such as Club House/Gym/Swimming Pool/Amphitheatre/Any Other Special Amenity or Facility, as detailed in Schedule F annexed herewith shall be liable to pay such monthly/periodical/occasional/additional charges, as may be determined by the mutual consent of such Allottees and the Promoter/Agency/Association of Allottes, as the case may be. . The Promoter shall run, manage and operate such Special Common Areas; and 2) Amenity/Facility, either on its own or through any Independent Agency or by handing it over the same to the Association of Allottes after obtaining Completion Certificate.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges /taxes which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges/taxes , cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee. If allottee fails to pay any instalment or make delay payment of any instalment as agreed through this agreement and construction of his flat delayed accordingly in that case any increase in tax, rates of material/labour or any other penalty caused to promoter due to default of the allottee will have to be borne by the allottee. Further allottee has to bear interest on delay payment as per the provisions of the RERA Act & Rules.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. Provided that the entire cost/additional cost incurred in executing the aforesaid changes, additions, alterations, modifications etc., as desired by the Allottee, shall be borne exclusively by the Allottee, apart from and in addition to the Total Sale Price of Rs. /- as mentioned hereinabove and shall be recoverable from the Allottee, along with the next milestone of the Payment Plan, as mentioned and detailed in Schedule C. Provided further that if the Allottee desires that any material/fixture/fitting/item/accessoryfinishing material etc., to be used/fixed/provided in the Apartment, shall be of any different, specific or better quality or of any particular brand/company/manufacturer or of any superior standard or grade/superior quality/superior cost or of any particular specification/nature, than what has been mentioned and detailed in Schedule D annexed herewith, then the Allottee shall have to bear all the additional/extra difference in price/cost incurred in procuring, providing and fixing such material/fixture/accessory/amenity/facility/item/finishing material etc. of whatsoever, which shall be payable within 30 days of the demand raised by the Promoter in this regard or at the choice of the Promoter along with the last milestone of the Payment Plan, as mentioned and detailed in Schedule C.
1.7 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The calculation carpet area as defined under the RERA Act, in respect of the said flat may undergo minor variation at the time of completion of the construction of the said flat. The promoter agrees that the variation in the RERA carpet area while handing over the said flat to the purchaser shall not be more than +/- 3% (Three percent) of the carpet area of thesaid flat agreed under this Agreement. The purchaser hereby agrees that any such change/revision in the RERA carpet area of the said flat up to +/- 3%, is acceptable and binding upon him/her The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within is reduced by more than 3%,then the defined limit then Promoter shall refund the excess money paid by Allottee Allottee, with respect to any area which is found to be reduced beyond the aforesaid reasonable limit of 3%, within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is more than three percent of the carpet area of the apartment, allotted to Allottee, then the Promoter shall may demand that the cost of such enhanced carpet area above the reasonable limit of 3%, from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees Plan as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Schedule
Appears in 1 contract
Samples: Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Closed Parking – 1 Price for 1 Garage/Closed Parking – 2 Price for 2 Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase toincrease on account of development charges payable to the competent authority and/or any other increase in charges which chargeswhich may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while thatwhile raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authoritiescompetentauthorities, the Promoter shall enclose the said notificationsaidnotification/order/rule/ rule/regulation to that effect along with the demand letter demandletter being issued to the Allottee, which shall only be applicable beapplicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by Allotteeby discounting such early payments @ % per annum for the period by which the respective installment has installmenthas been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications andspecifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or buildingorbuilding, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such makesuch minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions theprovisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Samples: Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees Vendors agree to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified said Apartment Unit described in paragraph H; Schedule A. /- (Rupees only
1.2 The Total Price Price/Agreed Consideration for the [Apartment/Plot] said Apartment Unit based on the carpet area thereof is Rs. (Rupees only ("“Total Price"/Agreed Consideration”) (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment as per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:details mentioned in Schedule C.
(i) The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter Vendors towards the [said Apartment/Plot];
(ii) The Total Price above includes excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable Project, by the Promoterwhatever name called) up to the date of handing over the possession of the [Apartment/Plot]: said Apartment to the Allottee and/or the Project to the Association of allottees after obtaining the completion certificate; Provided that in case there is any change / modification in all the taxes, the subsequent amount applicable Taxes shall be payable by the allottee Allottee to the promoter shall be increased/reduced based on such change / modificationVendors;
(iii) The Promoter Vendors shall periodically intimate in writing to the Allottee, Allottee the amount of the instalments of the Total Price payable as stated in (i) above and the Allottee shall make payment demanded by the Vendors within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter Vendors shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;.
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata the said Apartment includes the proportionate share in the land and Common Areas; and 2) Areas as mentioned in this Agreement.
1.3 The Total Price is escalation-escalation free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to timetime and/or increases as may be otherwise agreed. The Promoter undertakes Vendors undertake and agrees agree that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter Vendors shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment of the Total Price as per the payment plan set out in Schedule C ‘C’ ("“Payment Plan"”). .
1.5 The Promoter Vendors may allow, in its their sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. @
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ in respect of the apartment, plot or building, as the case may besaid Apartment, without the previous written consent of the Allottee as per the provisions of the Act and the Promoter may charge, additional amounts for such modifications as may be agreed with the Allottee. : Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable Act it being expressly agreed and understood that the Promoter shall be entitled to carry out any additions and/or alterations in case the Plans so long the same does not affect the said Apartment intended to be acquired by the Allottee and the Allottee hereby consents to the same and waives his right of an apartment] giving any further consent.
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the said Building is complete and the occupancy certificate* Occupancy/Completion Certificate is granted by the competent authorityMunicipality, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter Vendors shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area area, allotted to Allottee, the Promoter shall Vendors may demand that from the Allottee as per the next milestone of the Payment PlanPlan as provided in Schedule ‘C’. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 this Agreement.
1.8 Subject to the Allottee not committing any default in terms of this Agreement. Subject to Agreement including under Clause 9.3 9.3, the Promoter agrees Vendors agree and acknowledgesacknowledge, the Allottee shall have the right to the Apartment/Plot] said Apartment Unit as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];said Apartment and the right to use the said Car Parking Space described in Schedule A and the said Exclusive Use Rights in respect of the said Exclusive Private Lawn, if any, appurtenant to the said Apartment and described in Schedule A and
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in right to use and enjoy the Common Areas is undivided mentioned in Parts I and cannot be divided or separated, the II of Schedule E hereto. The Allottee shall use the Common Areas along with other occupants, maintenance staff etc.Unit Owners and/or occupiers of the Buildings in the said Property (including additional floors/storeys thereon) as also the owners and occupiers of the land for proposed Block D and the land for proposed Block G as also the owners and occupiers of all constructions that may be made on the said two lands from time to time, without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be them and subject to the making timely payment of the maintenance charges charges, municipal taxes and other charges as applicableliabilities. It is clarified that the promoter Vendors shall convey undivided proportionate title in hand over the common areas Common Areas to the association of allottees after duly obtaining the completion/ Occupancy Certificate from the Municipality phase wise as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] said Apartment includes recovery of price of land, land and construction of [not only the said Apartment but also] also the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. Areas and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. said Apartment and the Project as mentioned in Schedules D & E. The Allottee has also agreed to make timely payment of the additional liabilities and security deposits mentioned in Schedule G. The Additional Liabilities and Security Deposits are an integral part of the transaction and non-payment/delayed payments thereof shall also result in default on the part of the Allottee and the consequences mentioned in Clause 9.3 shall follow.
1.9 It is made clear by the Promoter Vendors and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking said Apartment Unit shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-independent self contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other previous project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allotteeas agreed in Clause 17.2. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of all the present and future Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees Vendors agree to pay all outgoings relating to the said Apartment Unit before transferring the physical possession of the apartment said Apartment to the AllotteesAllottee, which it has they have collected from the AllotteesAllottee, for the payment of outgoings (including proportionate land cost, ground rent, municipal or other local taxes, charges for water or electricity, electricity maintenance charges, including mortgage loan and interest on mortgages or other encumbrances on the said Apartment Unit and such other proportionate liabilities payable to competent authorities, banks and financial institutions, which are related to the projectProject). If the Promoter fails Vendors fail to pay all or any of the outgoings collected by it them from the Allottees Allottee or any liability, mortgage loan and interest thereon before transferring the apartment said Apartment Unit to the AllotteesAllottee, then the Promoter agrees Vendors agree to be liable, even after the transfer of the propertysaid Apartment Unit, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a total sum of Rs , Rs. /- (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] said Apartment Unit at the time of application and/or thereafter, the receipt of which the Promoter Vendors hereby acknowledges acknowledge and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] said Apartment Unit as prescribed in the Payment Plan as may be mentioned in Schedule ‘C’ whether demanded by the Promoter Vendors or not, within the time and in the manner specified therein: ; Provided that if the allottee Allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the RulesRules at the relevant time, which at present is State Bank of India Prime Lending Rate plus 2 per cent per annum.
Appears in 1 contract
Samples: Sale Agreement
Terms. Subject to the terms and conditions as detailed in this the Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("“Total Price"”) (Give break up and description): BlockBlock / Building / Tower no. Apartment/Building/Tower No. Apartment NoShop no. Type Floor Rate of Apartment per square feet* *Provide break up breakup of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Closed Parking – 1 Price for 1 Garage/Closed Parking – 2 Price for 2 Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [[ Apartment/Plot]: ; Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Shop includes: 1I) pro rata share in the Common Areas; and 2) /closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose enclosed the said notification/order/rule/ rule/regulation to that the effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an any Allottee by the Promoter. It is agreed that the Promoter shall Shall not make any additions and alterations alteration in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificatecertificate * is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that the from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.clause
Appears in 1 contract
Samples: Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees …………………………….(Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment No_Apartmentno. _Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely namely………………….. shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 1972. The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs Rs………………………………, (Rupees ……………………………….. only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Samples: Partnership Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment or Plot as specified in paragraph H; para G;
1.2 The Total Price for the [Apartment/Plot] Apartment or Plot based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot]Apartment or Plot ;
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]Apartment or Plot : Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Apartment or Plot includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment or Plot as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot]Apartment or Plot ;
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment or Plot includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. .
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment or Plot along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. .
1.10 It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely XX - here specify the details shall not form a part of the declaration to be filed with [Please insert the Competent Authority name of the concerned competent authority] to be filed in accordance with the West Bengal Apartment Ownership ActXX [XX insert the name of the relevant State ct, 1972 if any].
1.11 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.12 The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Samples: Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified said Apartment Unit described in paragraph H; Schedule A.
1.2 The Total Price Price/Agreed Consideration for the [Apartment/Plot] said Apartment Unit based on the carpet area thereof is Rs. (Rupees only ("“Total Price"/Agreed Consideration”) (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment as per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanationdetails mentioned in Schedule C:
(i) The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [said Apartment/Plot];
(ii) The Total Price above includes excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable Project, by the Promoterwhatever name called) up to the date of handing over the possession of the [Apartment/Plot]: said Apartment to the Allottee and/or the Project to the Association of allottees after obtaining the completion certificate; Provided that in case there is any change / modification in all the taxes, the subsequent amount applicable Taxes shall be payable by the allottee Allottee to the promoter shall be increased/reduced based on such change / modificationPromoter; ;
(iii) The Promoter shall periodically intimate in writing to the Allottee, Allottee the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;.
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata the said Apartment includes the proportionate share in the land and Common Areas; and 2) Areas as mentioned in this Agreement.
1.3 The Total Price is escalation-escalation free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to timetime and/or increases as may be otherwise agreed. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment of the Total Price as per the payment plan set out in Schedule C ‘C’ ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ % at State Bank of India Prime Lending Rate plus 2 per cent per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ in respect of the apartment, plot or building, as the case may besaid Apartment, without the previous written consent of the Allottee as per the provisions of the Act and the Promoter may charge, additional amounts for such modifications as may be agreed with the Allottee. : Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable Act it being expressly agreed and understood that the Promoter shall be entitled to carry out any additions and/or alterations in case the Plans so long the same does not affect the said Apartment intended to be acquired by the Allottee and the Allottee hereby consents to the same and waives his right of an apartment] giving any further consent.
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* Occupancy/Completion Certificate is granted by the competent authorityCorporation, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area area, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment PlanPlan as provided in Schedule ‘C’. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 this Agreement.
1.8 Subject to the Allottee not committing any default in terms of this Agreement. Subject to Agreement including under Clause 9.3 9.3, the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] said Apartment Unit as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];said Apartment and the right to use the said Parking Space described in Schedule A and
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / or interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other Apartment Owners, occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be them and subject to the making timely payment of the maintenance charges charges, municipal taxes and other charges as applicableliabilities. It is clarified that the promoter Promoter shall convey undivided proportionate title in hand over the common areas Common Areas to the association of allottees after duly obtaining the completion/ Occupancy Certificate from the Corporation as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] said Apartment includes recovery of price of land, land and construction of [not only the said Apartment but also] also the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. Areas and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. said Apartment and the Project as mentioned in Schedules D & E. The Allottee has also agreed to make timely payment of the Additional Liabilities and Deposits mentioned in Schedule G. The Additional Liabilities and Deposits are an integral part of the transaction and non- payment/delayed payments thereof shall also result in default on the part of the Allottee and the consequences mentioned in Clause 9.3 shall follow.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking said Apartment Unit shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-independent self contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other previous project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allotteeotherwise. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of all the present and future Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings relating to the said Apartment Unit before transferring the physical possession of the apartment said Apartment to the AllotteesAllottee, which it has collected from the AllotteesAllottee, for the payment of outgoings (including proportionate land cost, ground rent, municipal or other local taxes, charges for water or electricity, electricity maintenance charges, including mortgage loan and interest on mortgages or other encumbrances on the said Apartment Unit and such other proportionate liabilities payable to competent authorities, banks and financial institutions, which are related to the projectProject). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees Allottee or any liability, mortgage loan and interest thereon before transferring the apartment said Apartment Unit to the AllotteesAllottee, then the Promoter agrees to be liable, even after the transfer of the propertysaid Apartment Unit, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a total sum of Rs , Rs. (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] said Apartment Unit at the time of application and/or thereafter, the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] said Apartment Unit as prescribed in the Payment Plan as may be mentioned in Schedule ‘C’ whether demanded by the Promoter or not, within the time and in the manner specified therein: ; Provided that if the allottee Allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the RulesRules at the relevant time, which at present is State Bank of India Prime Lending Rate plus 2 per cent per annum.
Appears in 1 contract
Samples: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this AgreementAgreement , the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchasepurchase , the [Apartment/Plot] A partment as specified in paragraph H; para F.
1.2 The Total Price for the [Apartment(Row House/Plot] Bungalow) based on the carpet area is Rs. _ (Rupees _ only ("“Total Price"”) (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as ) which includes cost of apartment(Row House/Bungalow), cost of front yard, back yard, cost of exclusive balcony or verandah area, cost of exclusive open terrace areas, proportionate cost of common areasarea, preferential location chargestaxes, taxes etcmaintenance charges . Breakup and description is more fully described in SCHEDULE –I at the rates as hereunder written:
A. Unit Price: [ANDPlease specify square feet rate] [ifPlease specify total] a) Initial Cost of Row House/as applicable] Plot No. Type Rate Bungalow unit b) Cost of Plot per square feet* Explanation:Additional construction(if any) B, a) covered independent/covered dependent parking/open independent/ open dependent parking/ Club/User Rights b) Generator & Transformer Charges c) Legal Charges d) Incidental Charges Total GST
(i) The Total Row House/ Bungalow Price / Revised Pric e above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];Row House/ Bungalow .
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which whic h may be levied, in connection with the construction of the Project payable by the Promoter) Promoter up to the date of handing over the possession of the [Apartment/Plot]: Row House/ Bungalow to the Allottee and the project to the Association of Allottees or the Competent Authority, as the case may be , after obtaining the completion certificate subject to Clause 11 hereafter providing that the cost of maintenance of the Row House/ Bungalow/ Building or the Project shall be carried out by the Promoter upto a maximum period of 3 months after CC which shall be included in the total price. Also includes Extras and Deposits , Incidental Charges etc which is mutually fixed and non -negotiable and the Allottee will not raise any issues in this regard in future. Provided that in case there ther e is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/increased/ reduced based on such change / modification; Also Provided that the benefits arising out of implementation of GST act and rules in t he form of Input Tax Credit or otherwise is already considered while determining the Final Purchase Consideration and the Allottee shall not claim, demand or dispute in regard thereto.. Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority , which shall include the extension of registration, if any, granted to the said project by the Authority , as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 15 (thirtyFIFTEEN) days from the date of such written intimation. In addition, the Promoter Promote r shall provide to the Allottee the details of the taxes paid or demanded along with the acts/acts/ rules/ notifications together with dates from which such taxes/taxes/ levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) Row House/ Bungalow includes recovery of proportionate price of land, construction of not only the Row House/ Bungalow but also the Common areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Row Ho use/ Bungalow, Lift, Water line and plumbing, tiles, doors, windows, Fire detection and Fire fighting equipments in the common areas, Maintenance Charge as per Clause13 etc and includes cost for providing all other facilities, amenities and specifications to be provided within the Project and also, pro rata share in the Common Areas; and 2exclusive rights in Open/ Covered parking(s) (dependent/ independent) as provided in the Agreement.
1.3 The Total Price is escalation-freeescalation -free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or and/ or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/cost/ charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/notification/ order/ rule/ regulation to that effect along with the demand letter being b eing issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee. In case CESC or WBSEDCL decides not to provide individual meters and instead make provision for transfer of bulk supply and provide for sub meters to the individual Allottees the Allottee may be required to pay proportionate Security Deposit.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ‘ I’ ("“ Payment Plan"”).
1.5 (a) Payment of any instalment if made in advance shall generally be adjusted to the next instalment as mentioned above. No interest shall be paid by the Promoter for such Advance payments made by the Allottee or by Housing Finance Companies/ Banks etc on behalf of Allottee . The Promoter may however allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ @6% per annum for the period by which the respective installment resp ective instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans of Second Phase/ Project and specifications and the nature of fixtures, fittings at described in Schedule ‘G’ and amenities described therein herein at Schedule ‘D’ (which shall be in conformity with the advert isement, prospectus etc. on the basis of which sale is effected ) in respect of the apartmentapartment , plot or buildingbuilding , as the case may bebe , without the previous written consent of the Allottee. Allottee as per the provisions of the Act or due to change in law : Provided that the Promoter may make such minor additions or alterations alternations as may be required by the AllotteeAllottee , or such minor changes or alterations alternations as per the provisions of the ActAct due to some practical problems or some minor planning error or requirement of more parking or for some other minor practical consideration which does not affect the Unit and the common facilities and such other changes which are necessary due to architectural and structural reasons duly recommended and verified by an authorized Architec t or Engineer after proper declaration and intimation to the Allottee , the Promoter will be allowed to change and for that the Allottee gives his consent . Provided further that if the Authority competent to issue approvals is of the view that certain changes in the project are necessary, he may on application of the Promoter do so for the reasons to be recorded in writing and in that case consent of allottees is deemed to be granted.
1.7 [Applicable in case of an apartmentapartment ] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building Row House is complete and the occupancy certificate* is certificate*is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price pr ice payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then the Promoter shall refund the excess money paid by Allottee within forty-five forty -five days with annual interest at the rate specified prescribed in the Rules, from the date when such an as excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment PlanPlan as provided in Schedule ‘ I’. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Row House/ Bungalow as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];Row House/ Bungalow.
(ii) The Allottee shall also have undivided proportionate share shar e in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. It is clarified that the Promoter shall hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees Allottees as provided in the Act;.. and the Proportionate share of the Allottee in the land and also in the common areas will always be variable.
(iii) The allottees of the row house/ bungalows of each of the buildings within the Complex shall own in common with other allottees, the common areas, amenities and facilities of the Complex together with all easements, rights and appurtenances belonging thereto.
(iv) That the computation of the price of the [Apartment/Plot] Row Hou se/ Bungalow includes recovery of price of land, construction of [not only the Apartment Row House but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Row House and the Project.
(v) The Allottee has the right to visit the pr oject site to assess the extent of development of the project and his Apartment as the case may be subject to prior consent of the project engineer and complying with all safety measures while visiting the site.
(i) It is made clear by the Promoter and the t he Allottee agrees that the [Apartment/Plot] Row House/ Bungalow along with garage/closed parking open parking, if allotted, shall be treated as a single indivisible unit for all purposes. It is agreed that the entire housing Project is an independent, self-contained self -contained Project covering the said Land L and underneath the building and is not a part of any other project or zone and shall not form a part of and/or linked/and/ or linked/ combined with any other project in its vicinity or otherwise except extension of the same Project on adjacent future land for the purpose of integration of infrastructure and facilities for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays described in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.clause No . B(v)
Appears in 1 contract
Samples: Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; para I;
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only only) ("“Total Price"”) (Give as also mentioned in Part-I of the Fifth Schedule, break up whereof is as follows:
(i) Apartment No , Floor ; Carpet Area ; Built-up Area ; Super Built-up Area ; Rs.
(ii) Preferred Location Charges – ; Rs.
(iii) Preferred Location Charges - Floor Rise; Rs.
(iv) Preferred Facing; Location Charges - South Rs.
(v) exclusive right to use the attached open space measuring Sq. Ft. as garden; Rs.
(viii) number and description): Block/Building/Tower Notype Car parking at level; Rs.
(vix) number Two Xxxxxxx parking at level; Rs. Apartment NoAdd : GST Rs. Type Floor Rate Rs. Less : Discount on account of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etcGST input credit Rs. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* ExplanationExplanation :
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, GST and Cess or any other similar taxes which may be are presently levied, in connection with the construction of the Project payable by the PromoterPromoter by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: Apartment to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/increased/ reduced based on such change / change/modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of landland (proportionate share), construction of [not only the Apartment but alsoalso ] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with POP, tiles, doors, windows, fire detection and firefighting equipment in the common areas etc. areas, and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter Apartment and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Samples: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter Developer cum Seller agrees to sell to the Allottee (s) and the The Allottee (s) hereby agrees to purchase, purchase the [Apartment/Plot] Shop/Office Space as specified in paragraph H; Para-G.
1.2 The Total Price for of the [Apartment/Plot] Apartment based on the carpet area is Rs. Rs.20,72,000/= (Rupees Nineteen Lakhs Eighty Four Thousand) only ("Total Price") (Give plus 5% GST or as applicable from time to time with the following break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* up: Explanation:
(i) The Total Price total price above includes the booking amount paid by the allottee to the Promoter Developer cum Seller towards the [Apartment/Plot]Shop/Office Space as mentioned under Para-G;
(ii) The Total total Price above includes Taxes (consisting of tax all other taxes and cess paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes Developer cum Seller on input costs but excluding GST which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: is 5% at present on total advance payments; Provided that in case there is any change / modification /modification in the taxes, the subsequent amount payable by the allottee to the promoter Developer cum Seller shall be increased/reduced based on such change / modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee;
(iii) The Promoter shall Developer cum Seller periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment payments demanded by the Developer cum Seller within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter Developer cum Seller shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price total price of [the Apartment/Plot] includes: 1) pro rata share Shop/Office Space includes recovery of price of land, construction of not only the Apartment, but also the common areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Apartment/Shop, Lift, water line, plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire-fighting equipment in the Common Areas; common areas, maintenance charges as per Para 11 etc. and 2) includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment/ Shop/Office Space and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/cost/ charges imposed by the competent authorities, the Developer/Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). .
1.5 The Developer/Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ payments, 10% per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Developer/Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein de bed herein at Schedule 'D' and Schedule ’E’ (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that that, the Promoter may make such minor additions or alterations as alterations, which may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [
1.7 (Applicable in case of an apartment] /Shop/Office) The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. , If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartments Plot] ) as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];Shop),
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be he divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It it is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;:
(iii) That the computation of the price of the [Apartment/PlotApartment/ Shops] includes recovery of price of land, construction of [(not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting fire-fighting equipment in the common areas areas, maintenance charges as per Para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Apartment/ Shop/ Office Space and the Project. .
1.9 It is made clear by the Promoter Developer /Promoter and the Allottee agrees that the [Apartment/Plot] Shop/office Space along with garage/closed Covered parking Space No.3 at the basement shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the onlyfor useand enjoymentofthe Allotteesofthe Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Developer/Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges changes for water or electricity, maintenance chargeschanges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Developer/Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Developer/Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal chargeschanges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs.2,00,000/= (Rupees onlyTwo Lakhs) only including GST 5% as booking amount being part payment towards the Total Price of the [Apartment/Plot] Shop/Office Space at the time of application the receipt of which the Developer/Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Shop/Office Space as prescribed in the Payment Plan [Schedule-C] as may be demanded determined by the Developer/Promoter within the time and in the manner specified therein: Provided that if the allottee Allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the prescribed inthe Rules.
Appears in 1 contract
Samples: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up Total price (in rupees) Breakup of the Total Price of Rs. /- is as follows ;-
(a) Cost Of Apartment : Rs. /-
(b) Cost of Exclusive Balcony : NIL
(c) Cost of Exclusive Open Terrace Areas : NIL
(d) Proportionate Cost Of Common Area : NIL
(e) Preferential Location Charges (If Applicable) : Rs. /-
(f) Taxes : Rs. /-
(g) Maintenance Charges as per Para 11 : Rs. /-
(h) (Any Other Charges If Applicable) : Rs. /- Provided that the amounts such as cost mentioned under the heads, Taxes, Maintenance Charges, Any Extra Charge for Amenities/Facilities, Service Charges and other heads of apartmentlike nature, proportionate cost shall not be taken into account, while determining the Market Value of common areasthe said Apartment for the purpose of calculation of the Stamp Duty, preferential location chargesRegistration Charges and any other incidental expenses, taxes etcfor the execution and registration of this Agreement to Sale or the Conveyance/Sale Deed to be executed in future, with respect to the said Apartment. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Covered parking - 1 Price for 1 Garage/Covered parking - 2 Price for 2 Total price (in rupees) Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]plot to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall shall, be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall be payable by the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire fighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project. Provided that, since availing the Special Common Amenities/Facilities such as Club House/Gym/Swimming Pool/Amphitheatre/Any Other Special Amenity or Facility, as detailed in Schedulee F annexed herewith, depends upon the choice of the Allottee and he/she cannot be compelled to avail the same, therefore the Allottee desiring to avail such Special Amenity/Facility in the Project, shall have to pay such separate charges for the membership, use and enjoyment of the said Special Common Amenity as determined at present by the Promoter in this regard, which shall not be included in the Total Sale Price of the Apartment. The Promoter shall run, manage and operate such Special Common Amenity/Facility, either on its own or through any Independent Agency or by handing it over the same to the Association of Allottes after obtaining Completion Certificate. The Alottees who choose to avail such Special Amenity/Facility, shall be liable to pay such monthly/periodical/occasional/additional charges, as may be determined by the mutual consent of such Allottees and the Promoter/Agency/Association of Allottes, as the case may. The other Allottees, who do not choose for such Special Amenities/Facilities, shall be entitled to avail, use and enjoy such Special Amenities/Facilities and these Special Amenities/Facilities shall not be considered or deemed to be the part of the Common Areas or Common Facilities..
1.3 The Total Price is escalation-free, save and except increases increases, which the Allottee hereby agrees to pay, due to increase on account because of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations Allottee as per the provisions of the Act. [Applicable It will be the sole discretion of the promoter to carry out any changes in case of an apartment] the unit as required by the allotee and he will have the right to refuse to undertake the changes without assigning any reason what so ever.
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-forty- five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than five percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That (Repetition of Explanation iv of Clause 1.2, hence can be deleted)That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project; Provided that, since availing the Special Common Amenities/Facilities such as Club House/Gym/Swimming Pool/Amphitheatre/Any Other Special Amenity or Facility, as detailed in Schedulee F annexed herewith, depends upon the choice of the Allottee and he/she cannot be compelled to avail the same, therefore the Allottee desiring to avail such Special Amenity/Facility in the Project, shall have to pay such separate charges for the membership, use and enjoyment of the said Special Common Amenity as determined at present by the Promoter in this regard, which shall not be included in the Total Sale Price of the Apartment. The Promoter shall run, manage and operate such Special Common Amenity/Facility, either on its own or through any Independent Agency or by handing it over the same to the Association of Allottes after obtaining Completion Certificate. The Alottees who choose to avail such Special Amenity/Facility, shall be liable to pay such monthly/periodical/occasional/additional charges, as may be determined by the mutual consent of such Allottees and the Promoter/Agency/Association of Allottes, as the case may. The other Allottees, who do not choose for such Special Amenities/Facilities, shall be entitled to avail, use and enjoy such Special Amenities/Facilities and these Special Amenities/Facilities shall not be considered or deemed to be the part of the Common Areas or Common Facilities..
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood Provided that where any Project has been declared by the Allottee that Promoter to be developed in different Phases, then even though as per the provisions of Explanation attached to Section 3 of the Act the Promoter might have obtained registration of each such Phase separately, yet, all other areas such services/amentities/facilities, which are declared by the Promoter to be used in common for all the Phases and i.e. areas by all the Allottees in all the Phases and all the essential services and facilities falling outside which are to be used in connectivity for all the Phases of the Project such as internal roads, connecting roads, sewage and drainage lines, water pipe lines, electrical line etc; shall always be deemed to be available for all the Phases of the project in common, without any hindrance, obstruction or obstacle from the occupants of any of the Phase of the Project. . Provided further, that any such common amenity/facility/service in the Project, namely which is specifically declared by the Promoter to be available for all the Phases of the Project in common, shall be made available for use and enjoyment for all the Phases of the Project, only upon the completion of such Phase of the Project, with which the Promoter has specifically declared that such particular common amenity/facility/service be developed, completed and made available for use and enjoyment in common for all the Phases of the Project. The Allottee shall not form be entitled to demand any such common amenity/facility/service, any time prior to the completion of such Phase of the Project, along with which the development, completion, use and enjoyment of such amenity/facility/service is declared to be provided by the Promoter. Provided that the present project shall also contains the amenities which are, club house and a podium for parking of vehicles. It is made clear by the promoter that the said amenities shall be usable by the residents of all of the olaan towers. It is also made clear by the promoter that the said amenities shall be constructed along with the tower D of the project. Provided further that in accordance of the prevailing Laws, neither any Allottee nor the Association of Allottees, shall be entitled to claim any exclusive or private right, on any part of the declaration Co-ordination roads or other connecting services, which are to be filed used in common and in coordination with the Competent Authority Projects/Colonies existing or to be developed adjoining to the Project and no obstruction, hindrance or obstacles shall be created in accordance with the West Bengal Apartment Ownership Act, 1972 such connecting services.
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the The receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 1 contract
Samples: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; hereinabove.
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower NoBuilding no. Apartment Nono. Type _ Floor Rate of Apartment per square feet* *Provide break feet (Break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* all components) Total price (in rupees) Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, Goods and Services Tax (GST, CGST, if any as per law), and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]apartment to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of Apartment includes recovery of price of land, construction of [Apartment/Plotnot only the Apartment but also] includes: 1) pro rata share in the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per explanation (ii) hereinabove and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iiiiv) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] Apartment, the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas etc. areas, maintenance charges and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.;
Appears in 1 contract
Samples: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Owners and the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] apartment no. __ on __ floor, Block No._ _ and the _ parking space as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. .__ (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Noonly. Block No Apartment No. Type ._ __ Floor Rate of Apartment per square feet* *Provide break up feet Total Price (in rupees) GST @ _ % Total Price Including GST Covered/Open Independent/Dependent parking space-1 Price for 1 GST @ _ % Total Price including GST More fully mention in Para-I of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etcPayment Plan (Schedule-C) hereinafter. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot]Apartment and parking space (if any);
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the PromoterPromoter (by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]apartment to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the schedule date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of Apartment and Parking Space (if any) includes recovery of price of land, construction of [Apartment/Plotnot only the Apartment but also] includes: 1) pro rata share in the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per Para II etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) Allottee shall make the payment payments as per the payment plan set out in Schedule C ("Payment Plan"). in
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations alteration as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If , if there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days days, with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Planpayment plan as provided in Schedule ‘C’. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];.
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be he divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., . without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association Association of allottees Allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;.
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire electrical connectivity to the Apartment, Lift, Water line and Plumbing, finishing with paint, Marbles/Tiles, Doors, Windows, Fire detection and firefighting Firefighting equipment in the common areas maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment Plot] and the Project.
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his Apartment as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with …………………………. garage/closed covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottee. It is clarified that Project’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the this Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment Apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, charge including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it its from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment Apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for payable, prior to handover of the cost balance amount of any legal proceedings which may be taken therefor by such authority or person. maintenance charge to the society.
1.11 The Allottee has paid a sum of Rs , Rs._ _ __ (Rupees _ _ only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment and a sum of Rs._ _ (Rupees _ _ only) as booking amount being part payment towards the Total Price of the Apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartmentopen/Plot] covered/podium parking as prescribed in the Payment Plan (Schedule ‘C’) as may be demanded by the Promoter within the time and in the manner specified therein: . Provided that if the allottee Allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 1 contract
Samples: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* feet Total Price (in Rupees) *Provide break up of the amounts such as cost of apartment, cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, . preferential location charges, taxes taxes. Maintenance charges as per para 11 etc. [AND] [., if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Covered parking-1 Price for 1 Garage/Covered parking-2 Price for 2 Total price (in rupees) Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, GST and Cess or any other similar taxes which may be levied, . in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: apartment to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / change/ modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee Allottec shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, . the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become orbecome effective;
(iv) The Total Price of Apartment includes recovery of price of land, construction of [Apartment/Plotnot only the Apartment but also] includes: 1) pro rata share in the Common Areas; , internal development charges, external development charges, taxes. cost of providing electric wiring, electrical connectivity to the apartment, lift. water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the .Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/cost/ charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition m increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per theAct, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ @5% per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule 'D' and Schedule 'E' (which shall be in conformity with the advertisement, prospectus etc, on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. , If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee Allotte.e as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee Allonee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be he divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, . cost of providing electric wiring. electrical connectivity lo the apartment, lift, water line and plumbing, finishing with paint. marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Apartment and the Project. ;
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment, as the case may be
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/closed parking garage shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, . charges for water or electricity, . maintenance charges, . including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are arc related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees Allollees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Apartment as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules-payable.
Appears in 1 contract
Samples: Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Owner and the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area (Super Built-Up Area Approx. Square Feet) Square Feet approx. is Rs. /- (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower NoOnly). Apartment No. Type “ ” Floor Rate of Apartment per square feet* *Provide break up feet Total Price Rs. /- /- (On Carpet Area) THE SAID CONSIDERATION MONEY AS THE PRICE OF FLAT TOGETHER WITH THE SHARE OF PROPORTIONATE LAND SHALL BE PAID AS FOLLOWS: After completion of Foundation 14% =00 =00 After completion of Ground Floor Casting Work 8% =00 =00 After completion of First Floor Casting Work 8% =00 =00 After completion of Second Floor Casting Work 8% =00 =00 After completion of Third Floor Casting Work 8% =00 =00 After completion of Forth Floor Casting Work 8% =00 =00 After completion of Fifth Floor Casting Work 8% =00 =00 After completion of Sixth Floor Casting Work 8% =00 =00 During Brick Work of the amounts such as cost Flat or Unit Concerned 10% =00 =00 On completion of apartment, proportionate cost Flooring Work of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate the Flat or Unit 5% =00 =00 More fully mention in Para-I of Plot per square feet* Explanation:the Payment Plan (Schedule-C) hereinafter.
(i) The Total Price above includes the booking amount paid by the allottee 1.3 In addition to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or all other payments shall be payable by the Promoter by way of Value Added TaxAllottee as mentioned in Payment Plan, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up part-II to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;part IV (Section-C)
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) 1.4 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.5 The Allottee(s) Allottee shall make all the payment payments as per the payment plan set out in Schedule C ‘C” ("“Payment Plan"”). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per alteration if permitted under the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, any in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If , if there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rulesdays, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area area, of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Planpayment plan as provided in Schedule ‘C’. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];.
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be he divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., . without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association Association of allottees Allottees after its formation and duly obtaining the completion certificate from the competent authority as provided in the Act;.
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection electrical connectivity to the Apartment, Lift, Water line and firefighting equipment in the common areas Plumbing, Marbles/Tiles, Doors, Windows, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Apartment and the Project. .
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his Apartment as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking Apartment shall be treated individually and in case the allotees as a separate single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment Apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, charges including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it its from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment Apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for payable, prior to handover of the cost balance amount of any legal proceedings which may be taken therefor by such authority or person. maintenance charge to the society.
1.11 The Allottee has paid a sum of Rs , Rs. /- (Rupees onlyOnly) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment of Rs. /-(Rupees Only) as booking amount at the time of application the signing this agreement. The receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan (Schedule ‘C’) as may be demanded by the Promoter within the time and in the manner specified therein: . Provided that if the allottee Allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 1 contract
Samples: Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] second schedule mentioned flat & parking space as specified in paragraph HG; The Total Price for the [Apartment/PlotApartment/ flat] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. – N.A. Apartment Nono. Type Residential Floor _ Floor Rate of Apartment apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc_______ Sq. [AND] [ifFeet @ Rs. /- per Sq. Feet Total price (in rupees) Rs. ___________/- (Rupees ________________) Only) (Round) Underneath / Stilt/as applicable] Plot NoOpen Parking Rs. Type Rate of Plot per square feet* Explanation:Garage/ Stilt/Open Parking 2 N.A. Total Price (in rupees) ______________
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/PlotApartment/ Flat];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/PlotFlat]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/PlotFlat] includes: 1) pro rata share in the Common Areas; and 2) stilt parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges or Taxes payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C Fourth ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:.
(i) The Allottee shall have exclusive ownership of the [Apartment/PlotFlat];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plotflat] includes recovery of price of land, construction of [not only the Apartment but also] also the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plotflat] along with garage/closed Stilt parking shall be treated as a single indivisible divisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely "THE ORKIT PHASE I" shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal municipal/Panchayat or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , Rs. /- (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Rupees
Appears in 1 contract
Samples: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area measuring about _ sq. ft. is Rs. _/- (Rupees only ("Total Price"_ ) (Give break up and description): Block/Building/Tower Noonly. Block No Apartment No. Type Area - Sqft Carpet Area (for the purpose of registration Super Built-up area is Sqft) (Balcony Area Sq.ft. excluded from total carpet area) Floor Rate Price of Apartment per square feet* *Provide break up Rs. /- (Rupees ) Total Price (in rupees) Rupees Independent Covered Car Parking Space /- Total Car Parking Price (in rupees) Rupees Only More fully mention in Para-I of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Payment Plan (Schedule-C) hereinafter.
(i) The Total Price above includes the booking amount paid by the allottee 1.3 In addition to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or all other payments shall be payable by the Promoter by way of Value Added TaxAllottee as mentioned in Payment Plan, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up part-II to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;part IV (Section-C)
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) 1.4 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.5 The Allottee(s) Allottee shall make all the payment payments as per the payment plan set out in Schedule C ‘C” ("“Payment Plan"”). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] and
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, any in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If , if there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rulesdays, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area area, of the apartment, allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Planpayment plan as provided in Schedule ‘C’. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned belowbelow :
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];.
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., . without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association Association of allottees Allottees after its formation and duly obtaining the completion certificate/occupancy certificate from the competent authority as provided in the Act;.
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire electrical connectivity to the Apartment, Lift, Water line and Plumbing, finishing with Paint, Marbles, Tiles, Doors, Windows, Fire detection and firefighting Fire fighting equipment in the common areas (if required by the Concerned Building Plan Sanction Authority), maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Apartment and the Project. .
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his Apartment as the case may be with prior intimation to take concern from developer
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garagecovered/closed open/mechanical parking space shall be treated as a single indivisible unit for all purposes. It is agreed that The Developer/ Promoter can extend his Project keeping in view to use the Project is an independent, self-contained Project covering land and all the amenities and facilities of the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment Apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it its from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment Apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. payable.
1.11 The Allottee has paid a sum of Rs , (Rupees onlyxx.Xx. /-(Rupees ) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Apartment as prescribed in the Payment Plan (Schedule ‘C’) as may be demanded by the Promoter within the time and in the manner specified therein: . Provided that if the allottee Allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 1 contract
Samples: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, purchase the [Apartment/Plot] Said Independent Floor for residential usage along with parking as specified in paragraph H; Para G.
1.2 The Total Price for the [Apartment/Plot] built up Said Independent Floor for residential usage along with parking, based on the carpet area Carpet Area is Rs. ______________/- (Rupees only _____________________________ only) ("“Total Price") (Give break up and description”): Block/Building/Tower Plot No._______________ Independent Floor No.____________ Type ___________________ Floor ______________ Parking Nos. In Basement Store No. Apartment ____________ Staff Room No. Type Floor ________________ _______________________________________________________________ Unit Price (in rupees) Applicable taxes and cesses payable by the Allottee. (This includes GST payable at rates as specified from time to time, which at present is 5%) Rate of Apartment Said Independent Floor per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:feet Total Price (in rupees)
(i) The Total Price as mentioned above includes the booking amount Booking Amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];Said Independent Floor for residential usage along with parking. It is hereby clarified that the amount paid by the Allottee at the time of application forms part of the Booking Amount. It is further clarified that the Booking Amount is payable in more than one instalment for the convenience of the Allottee and the same shall be treated as xxxxxxx money for due performance of the obligations of the Allottee under this Agreement.
(ii) The Total Price as mentioned above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, GST and Cess or any other similar taxes taxes/ fees/ charges/ levies etc.) which may be levied, in connection with the development/construction of the Project Project) paid/payable by the Promoter) Promoter up to the date of handing over the possession of the [Apartment/Plot]: Said Independent Floor for residential usage along with parking to the allottee(s) after obtaining the necessary approvals from competent authority for the purposes of such possession. Provided that that, in case there is any change / modification in the taxestaxes / charges/ fees / levies etc., the subsequent amount payable by the allottee Allottee to the promoter Promoter shall be increased/reduced increased / decreased based on such change change/ modification. Provided further, if there is any increase in the taxes / modification;charges / fees / levies etc. after the expiry of the scheduled date of completion of the Project as per registration with the authority, which shall include the extension of registration, if any, granted to the Project by the authority, as per the Act, the same shall not be charged from the Allottee.
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes taxes/ charges/ fees/ levies etc. paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/taxes/ charges/ fees/ levies etc. have been imposed or become effective;.
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in Said Independent Floor for residential usage along with parking includes recovery of price of land, development and construction of not only the Said Independent Floor but also the Common Areas; , internal development charges, infrastructure augmentation charges, external development charges, taxes, fees, levies etc., cost of providing electric wiring, electrical connectivity to the independent floor, lift, waterline and 2) plumbing, finishing with paint, marbles, tiles, doors and windows, maintenance charges as per Para 11 etc. and includes cost of other facilities, amenities and specifications to be provided within the Said Independent Floor for residential usage alongwith parking in the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development chargescharges / cost / charges / fees / levies, cost/charges etc., imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ notification / order / rule / regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the authority, which shall include the extension of registration, if any, granted to the Project by the authority, as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) Allottee shall make the payment as per the payment plan set out in Schedule Schedule-C ("Payment Plan"). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ % at the rate of interest equivalent to State Bank of India highest marginal cost of lending rate plus two percent per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision / withdrawal, once granted to an Allottee by the Promoter. Promoter unless agreed upon by the Allottee.
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout building plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule-D and Schedule-E, (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, Said Independent Floor without the previous written consent of the AllotteeAllottee as per the provisions of the Act and Rules made thereunder or as per approvals / instructions/ guidelines issued by the competent authorities. Provided further that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case Act and Rules made thereunder or as per approvals / instructions / guidelines of an apartment] the competent authorities.
1.7 The Promoter shall confirm conform to the final carpet area that has been allotted to the Allottee after the construction of the Building / Said Independent Floor, as the case may be, is complete and the occupancy occupation certificate / part occupation certificate* , as the case may be, is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price Total Price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within area, then the defined limit then Promoter shall refund the excess money amounts paid by the Allottee within forty-five 90 (Ninety) days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than 5% of the carpet area of the Said Independent Floor allotted to the Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary monitory adjustments shall be made at the same rate per square feet sq. ft. as agreed in Clause Para 1.2 of this Agreement. .
1.8 Subject to Clause Para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Said Independent Floor for residential usage along with parking as mentioned below:
(i) : The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate Said Independent Floor for residential usage along with pro-rata share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided Said Land and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the exclusive right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rulesparking.
Appears in 1 contract
Samples: Sale Agreement