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 276 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 69 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: Agreement for Sale, Agreement for Sale, Draft 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. 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 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, 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. 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. 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 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 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 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 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 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. 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): ), description of which is provided herein: *Block/Building/Tower Nono._ *Apartment no. Apartment No. Type Floor _ *Type._ *Floor._ *Rate of the Apartment per square feet* :_ *Provide break up Cost of Carpet Area of Apartment:_ *Cost of Car Park:_ *Consideration for the amounts such as cost Apartment :_ (Which is inclusive 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* Booking Amount) *Maintenance Deposit:_ *Taxes (GST) :_ 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 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: 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 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 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. 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. 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. 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. 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 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. 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 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] 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 ("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. 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. 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/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 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 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 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 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. 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 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, 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 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 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 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. 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; 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. 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 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. 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 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 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. 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. 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 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] 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. 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] 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] 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 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 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] 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] 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 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. 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. 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/) Block / Building / Tower No. No .............................. Apartment No. Type no.............. Type................ Floor ................ Rate of Apartment per square 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] 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 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 / I 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. The Total Price is escalation-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 instalment has been preponed. The provision for allowing rebate and such rate rule 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 ‘1shall 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] 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 pot 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 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] Plotl 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] Plotj 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: Deed of Conveyance
Terms. 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, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. Rs.14,00,000/- (Rupees Fourteen lakhs only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment No. R.R.Apartment Type Residential Floor G+4 Rate of Apartment per square feet* Rs. 2800/-. *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 NoGarage/Closed parking - 1 Price for 1 Rs. Type Rate of Plot per square feet* 4,00,000/- Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter Owner towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter owner 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 Owner 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 owner 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 owner 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 owner may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ 2% 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 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 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 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] The Promoter Owner 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 owner 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 Owner 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 Owner 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 Owner 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 1,00,000/-(Rupees one lakh 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] 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 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 Location Charges - South Facing; 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. 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 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: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees agrees
1.2 to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; para-G.
1.3 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. /- (Rupees only ("Total Price"Lacs only) (Give break up and description): Block/Building/Tower No. excluding GST & Registration Charges Apartment Nono. Type ___ Floor Rate of Apartment per square feet* Rs /- Cost of apartment /- Cost of exclusive balcony or veranda areas /- Cost of exclusive open terrace areas NIL Proportionate cost of common areas /- Preferential location charges NIL Taxes /- Maintenance Charges NIL Cost of car parking space /- Total price (in rupees) Rs /- *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 NoCovered parking charges are Rs /- + GST . Type Rate of Plot Common, Covered and open parking has been provided as per square feet* sanctioned plan approved by Kolkata Municipal Corporation Explanation:
(i) The Total Price above includes the booking amount paid by the allottee allottees to the Promoter towards the [Apartment/Plot];.
(ii) The Total Price above includes does not include Taxes (consisting of tax paid or payable by the Promoter by way of GST and Cess or Value Added Tax, Service Tax, GSTStamps Duty, CGSTRegistration Fees, if any as per law, Other legal expenses 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 allottees 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 allottees 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 allottees;
(iii) The Promoter shall periodically intimate in writing to the AllotteeAllottees, the amount payable as stated in (i) above and the Allottee Allottees 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 Allottees 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, constructionof [Apartment/Plot] includes: 1) pro rata share in 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 and the Project.
1.4 The Total Price is escalation-free, save and except increases increases, which the Allottee Allottees hereby agrees agree 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 leviedor imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee Allottees 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 AllotteeAllottees, 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) Allottees 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’ 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 AllotteeAllottees as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the AllotteeAllottees, 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 Allottees after the construction of the 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 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 Allottees 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 AllotteeAllottees, the Promoter shall may demand that from the Allottee Allottees 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 Allottees shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee Allottees shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee Allottees shall also have undivided proportionate share in the Common AreasCommonAreas. Since the share / interest of Allottee Allottees in the Common Areas is undivided and cannot be divided or separated, the Allottee Allottees 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 plumbing, finishing with paint, marbles, tiles, doors, windows, firedetection 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 Allottees have the right to visit the project site to assess the extent of development of the project and their apartment, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees Allottees agree that the [Apartment/Plot] Apartment along with garage/closed the allotted 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 AllotteeAllottees. 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 payableto 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 Rs. __ _/-(Rupees only) as part 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 Allottees hereby agrees agree 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 allottees delay in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rulesof 10%.
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 Allottees and the Allottee Allottees hereby agrees to purchase, the [Apartment/Plot] Apartment / Unit as specified in paragraph Para H; ;
1.2 The Total Price for the [Apartment/Plot] Apartment / Unit based on the carpet area is Rs. /- (Rupees ) only ("“Total Price"”) (Give as also mentioned in Part-I of the Schedule C, break up and description): Block/Building/Tower whereof is as follows:
(i) Apartment / Unit No. Apartment No, Floor th ; Carpet Area sq ft; Built-up Area sq ft; Super Built-up Area sq ft; Rs.
(ii) Preferred Location Charges – ; Rs.
(iii) Preferred Location Charges - Floor Rise; Rs.
(iv) Preferred Location Charges - ; Rs.
(v) exclusive right to use the attached open space measuring Sq. Type Ft. as garden; Rs.
(viii) number and Covered type Car parking (Garage / Closed Parking) at Ground 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 etclevel; Rs.
(ix) number Two Xxxxxxx parking at Rs. [AND] [if/as applicable] Plot NoAdd : GST @ 5% Rs. Type Rate of Plot per square feet* Explanation:Rs.
(i) The Total Price above includes the booking amount paid by the allottee Allottees to the Promoter towards the [Apartment/Plot]Apartment / Unit;
(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, GST and CGST, if any as per law, law and Cess or any other similar taxes which may be are presently 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 Apartment / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modificationUnit;
(iii) The Promoter shall periodically intimate to the AllotteeAllottees, the amount payable as stated in (i) above and the Allottee Allottees shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee Allottees 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 / Unit includes (i) 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"ii). 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 Allottees shall have exclusive ownership of the [Apartment/Plot]Apartment / Unit;
(ii) The Allottee Allottees shall also have undivided proportionate share in the Common Areas. Since the share / share/interest of Allottee Allottees in the Common Areas is undivided and cannot be divided or separated, the Allottee Allottees shall use the Common Areas along with alongwith other occupants, maintenance staff staff, Promoter and all persons permitted by the Promoter etc., without causing any inconvenience or hindrance to them. Provided That the right of the Allottees of Units shall be limited to use specified Common Areas and Installations elsewhere as herein mentioned. Further, the right of the Allottee Allottees 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 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 / Unit includes recovery of price of land, construction of [not only the Apartment / Unit but alsoalso proportionately] the Common Areas, internal development chargescharges as per agreed specification, external development chargescharges as per agreed specification, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other initial infrastructure necessary for the 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: 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 HG; The Total Price for the [ApartmentFlat/Plot] Shop based on the carpet area is Rs. (Rupees /-(Rupees ) only ("Total Price") (Give break up and description): Block/Building/Block / Tower / Building No. Apartment Unit No. Type Floor Rate of Apartment per square feetSquare 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 [ApartmentFlat/Plot];Shop.
(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]Office: 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 [ApartmentFlat/Plot] includesShopincludes: 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 agreesto 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 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] Office 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 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 if any) 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. Project It is understood by the Allottee that all other areas and i.e. i.e., areas and facilities falling outside the Project, namely “SKY PARK” 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 therefore by such authority or person. The Allottee has paid a sum of Rs Rs. /-(Rupees ) only vide Cheque No. , (Rupees only) Dated Drawn at Bank as booking amount being part payment towards the Total Price of the [ApartmentFlat/Plot] at Shopat 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 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 (Give break up and description): 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) 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(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. 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 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. 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 HZ; 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/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 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]] possession of the Apartment to the Allottee and the project to the Association of the Allottees after obtaining the Occupancy 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;
(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 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 total price of [Apartment/Plot] includes: 1) pro rata share in apartment includes recovery price of land, construction of, not only the Common Areas; 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, maintenance charges etc. and includes cost for providing all other facilities, aminities and specification to be provided within the building. 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 expiry of the schedule date of completion of the project as per registration with the authority, we 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. The Allottee(s) shall make the payment as per the payment plan set out in Fourth 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 @ 0.5% 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 herein at Fifth Schedule and Sixth Schedule which shall be in-confirmity with the advertisement, prospectus on the basis of which sale is effected in respect of the apartment, plot apartment or building, as the case may be, without the previous written consent of the AllotteeAllottee as per provision 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 PlanPlan as provided in the Fourth Schedule. 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 handover the common areas to the association of allottees the Allottee after dwelling obtaining the Occupancy Certificate from the competent authority as provided in the Act;
(iii) The promoters shall be entitled to make changes/modification/amendment in the of the existing sanctioned Buildings (including by construction of additional floors and/or lateral expansion of the project), and the Allottee shall not raise or make any objection with regard thereto and the Allottee hereby consents to the same. The promoters confirms that the foundation of the buildings have been planned to take the entire load of additional floors. It is clarified that the Promoter intend to convert/ change the use of the building for commercial / mercantile / non-residential purposes and the same shall be of no concern to the Allottee (as the same doesn't affect the Residential Portion / said Premises) and the Allottee shall not raise or make any objection with regard thereto and the Allottee hereby consents to the same.
(iv) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of of, [not only the Apartment but also] ], the Common Areascommon 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 Includes cost for providing all other facilities as facilities, amenities and specification to be provided within the Apartment and 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 ’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 “RADHYA PRAKASH” 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 outgoings/dues (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 per Fourth Schedule 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. 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 HK; 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 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 priceabove Parking - 1 ( _) No Separate Charges / NotApplicable [A] Total Unit price (in Rupees) without Taxes Rs. /- [i] Transformer Charges : Allottee's share of the amounts costs charges andexpenses for procuring electricity connection by way ofTransformer, 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-1] Total Other Costs (in Rupees) without Taxes 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. /- on Agreement & Rs._ /- on possession. Rs. /- [iii] CESC Meter charges : On Actuals Total Price without Taxes in Rupees (A + B1 + B2) Rs. _ /- [i] Sinking Fund Deposit : Amount payable towards provisional Maintenance Corpus/Sinking Fund. Rs. /- [ii] Maintenance Charges Deposit : Amount payable as deposit withthe 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 thexpiry of notice period of the intimation given to the Allottee to take possession, thePromoter shall adjust such as cost advance amenities charges deposit. Rs. /- [iii] Property Tax Deposit : To keep deposited with the Promoter anInterest Free Security Deposit of apartmentRs._ /- per sft. for 12 months, asMunicipal Tax Deposit refundable to the Allottee on separate assessment of the Designated Apartment by the municipal authority oradjusted 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 Allotteeat thematerial time. Rs. /- [ANDC] [if/as applicable] Plot NoTotal Deposits (in Rupees) without Taxes Rs. 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]: Apartment to the Allottee, 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;
(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 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 payments @ 6% 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 “AMBER RESIDENCY” shall not form a part of the declaration to be filed with the Competent Authority in accordance with the withthe 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 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. Rs.2100000.00 (Rupees Twenty One Lakhs only ("Total Price") (Give break up and description): Block/Building/Tower Nono. 8 Apartment Nono. 832 Type Naptune Floor 3rd Rate of Apartment per square feet* Total price (in rupees) 2100000.00_ *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 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. 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, 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"”). .
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. .
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 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. 50,000.00 (Rupees FIFTY THOUSAND 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. 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 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 1 contract
Samples: Agreement for Sale
Terms. Subject to the terms SUBJECT TO 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(Row House/Plot] Town House) Unit as specified in paragraph H; The Total para ‘S’ above in this agreement. Sl. No. Description Rate Per Square Feet (In INR) Amount (In INR)
A. Unit Price: [Please specify square feet rate] [Please specify total] a) Cost of Row House/Town House/Row House/Town House /unit b) Height Escalation Charges Package Price for the [Apartment/Plot] + GST NOTE: DEPOSITS (PAYABLE WITH THE FINAL DEMAND PAYMENT)
1. ELECTRICITY METER DEPOSIT AT ACTUALS
2. MAINTENANCE DEPOSIT – A sum calculated @ Rs. / sqft. on SBU per month or at any other rate 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 estimate of the amounts such as cost builder to be decided at the time of apartmentgiving possession for a period of 3 years shall be deposited by the allottee. Out of the amount so deposited, proportionate cost a sum being equivalent of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate 18-month deposit shall be adjusted against maintenance charges and the the balance kept deposited with the builder and only on handing over of Plot per square feet* Explanation:maintenance to association the said deposit shall be handed over to the association.
(i) I. The Total Row House /Town House Unit Price above includes the booking amount paid by the allottee to the Promoter towards the [ApartmentRow House/Plot]Town House Unit;
(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, and Cess or any other similar taxes which 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 [ApartmentRow House/Plot]: Town House Unit 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/Town House Unit/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 Provided that the benefits arising out of implementation of GST act and rules in case the 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 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 / modification;Allottee.
(iii) 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 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) effective IV The Total Price of [ApartmentRow House/Plot] includes: 1) Town House Unit includes recovery of proportionate price of land, construction of not only the Unit but also the Common areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Row House/Town House Unit Lift, Water line and plumbing, tiles, doors, windows, Fire detection and Firefighting equipment’s in the common areas, Maintenance Charge as per para11 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 as separate addition to Schedule C. 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 to 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. The Allottee(s) shall make the payment as per the payment plan set out in
(a) Payment of any instalment if made in Schedule C ("Payment Plan")advance shall generally be adjusted to the next instalment. 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 payable by the Allottee by discounting such early payments @ 6 % (six per cent) 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 alteration in the sanctioned plans, layout plans of the Project and specifications and the nature of fixtures, fittings and amenities described therein herein in Schedule D (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot row house or building, as the case may be, Unit without the previous written consent of the AllotteeAllottee as per the provision of the Act. 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 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 then the defined limit then Promoter shall refund the excess money paid moneypaid 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 which is not more than three per cent of the Carpet area of the Unit, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. thePayment 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. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Row House or the Town House Unit as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot]Row House Unit or the Town House Unit as the case may be;
(ii) The Allottee shall also have undivided proportionate variable 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 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] Row House Unit or the Town House Unit includes recovery of price of land, construction of [not only the Apartment Row House or the Town House Unit but also] also the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Unit, 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 Unit or the Town House Unit 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 Row House or Town House Unit as the case may be subject to prior consent of the project engineer and complying with all safety measures while visiting the site. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Row House or the Town House Unit along with garageopen/closed covered parking (dependent / independent), 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-self- contained Project covering the said Land underneath the building 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 except extension of the same Project on adjacent future land /land in its the vicinity or otherwise except and for the purpose of integration of infrastructure and facilities for the benefit of the AllotteeAllottees like Club House etc. It is clarified that Project's ’s Infrastructure, services, facilities and amenities shall be available only for use and enjoyment of the Allottees of the Projectentire Housing Project with further future extensions. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the entire Housing Project, namely /Complex (with further future extensions) shall not form a part of the declaration to be filed with the Competent Authority in accordance with COMPETENT AUTHORITY under the West Bengal Apartment Ownership Act, 1972 WEST BENGAL APARTMENT OWNERSHIP ACT 1972. The Promoter agrees to pay all outgoings before transferring the physical deemed possession of the apartment row House or the Town House Unit 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 chargescharges(i.e 3 months’ from Notice of Possession), 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 Unit 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 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 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 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 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) shall make the payment 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 sanction plans, layout plans 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, Apartment 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 the final carpet area Carpet Area that has been allotted to the Allottee after the construction of the Building Project is complete and the occupancy certificate* Completion Certificate or Partial Completion Certificate, as the case may be, is granted by the competent authorityCompetent Authority, by furnishing details of the changes, if any, in the carpet areaCarpet Area. The total price Total Price payable for the carpet area Carpet Area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within Carpet Area then the defined limit then Promoter shall refund the excess money paid by the 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 AllotteeAlottee. If there is any increase in the Carpet Area, which is not more than 3 (three) percent of the carpet area of the apartment, 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 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, acknowledges that 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 Promoter shall convey undivided proportionate title in handover the common areas to the association of allottees Allottees of the Luxury Zone after duly obtaining the Completion Certificate or Partial Completion Certificate, as the case may be, 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 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 Luxury Zone of 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, subject to adherence of safety norms of the Promoter.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage_ Garage/closed parking Covered Car Parking No. shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is a part of the Luxury Zone of the Complex. The Project is an independent, self-contained Project covering a portion of the said Complex Land on which the Complex is being developed 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 Luxury Zone’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by Luxury Zone and the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part Luxury portion of the declaration to be filed with Future Development, in the Competent Authority manner set-out in accordance with Paragraph J of the West Bengal Apartment Ownership Act, 1972 Agreement.
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 projectProject). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees all Allottee or any liability, mortgage loan and interest thereon before transferring the apartment Apartment to the AllotteesAllottee, the Promoter agrees to be liable, even after the transfer of the propertyApartment, 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] Apartment 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 mentioned 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 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 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 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, 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 to 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 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 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/POP, 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 and also the Documentation Charges and any other charges/ deposits etc. more particularly mentioned in the Annexure-“ ” hereto.
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 Allotteepayments. Provided that if there is any new imposition or increase of any development charges after the Promoter may make such minor additions or alterations as may be required by expiry of the Allottee, or such minor changes or alterations scheduled date of completion of the Project as per registration with the provisions Authority, which shall include the extension 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 changesregistration, if any, in granted to the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation Project 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 RulesAuthority, 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 Act, 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 charged from 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 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 super- built up area is Rs. (Rupees only ("Total Price") (Give break up and description): : Block/Building/Tower No. Apartment Nono. 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 verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location allocation 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/Closedparking-1 Pricefor1 Garage/Closedparking-2 Pricefor2 Total price(in rupees) Explanation:
(i) The Total 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 /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 to the Allottee, the amount payable as stated in (iin(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/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 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. 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 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 Allottee shall have the right to the [Apartment/Plot] as Plot]as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plotthe[Apartment];
(ii) The Allottee shall also have undivided proportionate share in the Common AreasTheAllotteeshallalsohaveundividedproportionateshareintheCommonAres. Since the he share / interest /interest of Allottee in the Common Areas Are as 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 are as to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes the[Apartment]includes recovery of price of land, construction of [not 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/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 as xxxxx indivisible unit for all purposes. It is agreed that the Project is an independentin dependent , self-contained Project covering the said Land and is not a part apart of any other project or zone and shall not form a part for map art 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 all-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 rentgroundrent, 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 allorany 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 thereof 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 here by 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 thereinthere in: 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. 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/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 [Apartmentthe[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 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 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 hereunder written, break up and description): Block/Building/Tower whereof is as follows:
(i) Apartment No , Floor ; Carpet Area ; Block ; Phase No. Apartment No; Built-up Area ; Super Built- up Area ; Rs.
(ii) Preferred Location Charges – ; Rs.
(iii) Preferred Location Charges - Floor Rise; Rs.
(iv) Preferred Location Charges - South Facing; Rs.
(v) exclusive right to use the attached open space measuring Sq. Type Floor Rate Ft. as garden; Rs.
(viii) number and type Car parking at level; Rs.
(vix) number Two Xxxxxxx parking at level; Rs. Add : GST Rs. _ 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. 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. Subject to the terms and conditions as detailed in this Agreement, the Promoter Vendor/Xxxxxxxx agrees to sell to the Allottee Allottee/s and the Allottee Allottee/s 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 only) ("Total Price") (Give break up and description): Block/Building/Tower description):- Building Complex : ICONIC TOWER Unit No. Apartment No. : Type :Floor : Rate of Apartment per square feet* GST @ ……% TOTAL *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 Allottee/s to the Vendor/Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Vendor/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 Vendor/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 Allottee/s to the promoter Vendor/Promoter shall be increased/reduced based on such change / modification;
(iii) The Vendor/Promoter shall periodically intimate to the Allottee/s, the amount payable as stated in (i) above and the Allottee Allottee/s shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Vendor/Promoter shall provide to the Allottee Allottee/s 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) Right to Park_ as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee Allottee/s 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 Vendor/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 Vendor/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. 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. It is agreed that the Vendor/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. /s. Provided that the Vendor/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] The Vendor/Promoter 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* 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 PromoterVendor. If there is any reduction in the carpet area within the defined limit then Vendor/Promoter shall refund the excess money paid by Allottee Allottee/s 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. /s. If there is any increase in the carpet area allotted to Allottee/s, the Vendor/Promoter shall demand that from the Allottee Allottee/s 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 Vendor/Xxxxxxxx agrees 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 Allottee/s 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 Vendor/Promoter shall convey undivided proportionate title in the common areas to the association of allottees Allottee/s 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 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 Vendor/Promoter and the Allottee Allottee/s agrees that the [Apartment/Plot] Apartment along with garage/closed parking Right to Park 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 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 Allottee/s that all other areas and i.e. areas and facilities falling outside the Project, namely “ICONIC TOWER” 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 Vendor/Xxxxxxxx agrees to pay all outgoings before transferring the physical possession of the apartment to the AllotteesAllottee/s, which it he 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 Vendor/Promoter fails to pay all or any of the outgoings collected by him/it from the Allottees Allottee/s or any liability, mortgage loan and interest thereon before transferring the apartment to the AllotteesAllottee/s, the Vendor/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 Allottee/s has paid a sum of Rs , Rs. (Rupees onlyOnly) 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 Vendor/Promoter hereby acknowledges and the Allottee Allottee/s hereby agrees to pay the remaining price of the [Apartment/Plot] Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/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 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 sel l 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 Apartment (having Plot Area of Sq. Ft) based on the Total carpet area is Rs. _ (Rupees only ("" Total PricePrice ") (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 Plot : Rs. / -
(b) Cost of Exclusive Balcony : NIL
(c) Cost of Exclusive Open Terrace Areas : NIL
(d) Proportionate Cost Of Common Area : NIL
(e) Preferentia l Location Charges (If Applicable) : Rs. / -
(f) Taxes : Rs. / -
(g) Maintenance Charges as per Para 11 : Rs. _per month (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 th e 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]Plo t;
(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 PromoterP romoter, 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 pay able 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 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, water line, 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-escalation - free, save and except increases increases, which the Allottee hereby agrees to pay, due to increase on account bec ause 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 app licable 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 extensio n 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 an d specifications and the nature of fixtures, fittings and amenities described therein with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartmentapartment , 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 Plot area that has been allotted to the Allottee after the construction development of the Building Plot 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 Plot area. The total price payable for the carpet Plot area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet Plot area within then the defined limit then Promoter shall refund re fund 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 Pot area, which is not more than thre e percent of the area of the Plot, 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 a s 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] 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 with out 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 Tha t 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 electrical connectivity to the plot, wate r line and firefighting equipment in the common areas plumbing , 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 Plot and the Project. ;
(iv) The Allottee has the right to visit the project site to asses s 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 th e 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 Projec t is an independent, self-contained 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 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 d eclared 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, connecti ng 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 part be entitled to demand any such common amenity/facility/service, any time prior to the completion of such Phase of the declaration Project, along with which the development, completion, use and enjoyment of suc h amenity/facility/service is declared to be filed 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 pa rt of the Co - ordination roads or other connecting services, which are to be 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 su ch connecting services.
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment Plot to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal muni cipal 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 acknowled ges 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 paymen t 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 (Plots)
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 Garage/Covered Car Parking @ Rs. /-/Nil Rs. /-/Nil Garage at the Basement /Covered Basement Car Parking @ 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. 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. 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* Total price (in rupees) *Provide break up breakup of the amounts such as cost ofApartment , cost of apartmentexclusive 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 NoGarage/Covered parking - 1 Price for 1 Garage/Covered parking - 2 Price for 2 Total price (in rupees) [OR] *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. 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/PlotApartment ];
(ii) The Total Price above includes is the basic price towards Apartment and any form of 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, Goods and Services 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) shall be paid by the allottee up to the date of handing over the possession of the [ApartmentApartment to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the Occupany/Plot]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 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 wiring, , lift, water line and plumbing, finishing with paint, marbles, 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 However electrical connectivity to the Apartment shall be charged at extra by the Allottee that all promoter which shall be paid by promoter to MPSEB and for setting up electrical transformers and other areas and i.e. areas and facilities falling outside required electrical arrangements. Any maintance charges towards common area maintenance shall be charged as per actual by the Project, namely promoter which shall not form a part of be paid by 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 allotee 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) designated actual 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 set down 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 1 contract
Samples: Agreement for Sale
Terms. Subject to the terms SUBJECT TO Terms and conditions as detailed in this Agreementagreement , the Promoter thepromoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the Sl. No. Description Rate Per Square Feet (In INR) Amount (In INR)
A. Unit Price: [ApartmentPlease specify square feet rate] [Please specify total] a) Cost of Row House/Plot] as specified in paragraph H; The Total Town House/Row House/Town House /unit b) Height Escalation Charges Package Price for the [Apartment/Plot] + GST NOTE: DEPOSITS (PAYABLE WITH THE FINAL DEMAND PAYMENT) 1. ELECTRICITY METER DEPOSIT AT ACTUALS 2. MAINTENANCE DEPOSIT – A sum calculated @ Rs. / sqft. on SBU per month or at any other rate 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 estimate of the amounts such as cost builder to be decided at the time of apartmentgiving possession for a period of 3 years shall be deposited by the allottee. Out of the amount so deposited, proportionate cost a sum being equivalent of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate 18 month deposit shall be adjusted against maintenance charges and the the balance kept deposited with the builder and only on handing over of Plot per square feet* Explanation:maintenance to association the said deposit shall be handed over to the association.
(i) I. The Total Row House /Town House Unit Price above includes the booking amount paid by the allottee to the Promoter towards the [ApartmentRow House/Plot]Town House Unit;
(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, and Cess or any other similar taxes which 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 [ApartmentRow House/Plot]: Town House Unit 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/Town House Unit/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 Provided that the benefits arising out of implementation of GST act and rules in case the 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 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 / modification;Allottee.
(iii) 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 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) effective IV The Total Price of [ApartmentRow House/Plot] includes: 1) Town House Unit includes recovery of proportionate price of land, construction of not only the Unit but also the Common areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Row House/Town House Unit Lift, Water line and plumbing, tiles, doors, windows, Fire detection and Fire fighting equipments in the common areas, Maintenance Charge as per para11 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 as separate addition to Schedule C. 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 to 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. The Allottee(s) shall make the payment as per the payment plan set out in
(a) Payment of any instalment if made in Schedule C ("Payment Plan")advance shall generally be adjusted to the next instalment. 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 payable by the Allottee by discounting such early payments @ 6 % (six per cent) 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. .
(a) It is agreed that the Promoter shall not make any additions and alterations alteration in the sanctioned plans, layout plans of the Project and specifications and the nature of fixtures, fittings and amenities described therein herein in Schedule D (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot row house or building, as the case may be, Unit without the previous written consent of the AllotteeAllottee as per the provision of the Act. 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 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 then the defined limit then Promoter shall refund the excess money paid moneypaid 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 which is not more than three per cent of the Carpet area of the Unit, 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. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Row House or the Town House Unit as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot]Row House Unit or the Town House Unit as the case may be;
(ii) The Allottee shall also have undivided proportionate variable 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 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] Row House Unit or the Town House Unit includes recovery of price of land, construction of [not only the Apartment Row House or the Town House Unit but also] also the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Unit, 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 Unit or the Town House Unit 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 Row House or Town House Unit as the case may be subject to prior consent of the project engineer and complying with all safety measures while visiting the site. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Row House or the Town House Unit along with garageopen/closed covered parking (dependent / independent), 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-self- contained Project covering the said Land underneath the building 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 except extension of the same Project on adjacent future land /land in its the vicinity or otherwise except and for the purpose of integration of infrastructure and facilities for the benefit of the AllotteeAllottees like Club House etc. It is clarified that Project's ’s Infrastructure, services, facilities and amenities shall be available only for use and enjoyment of the Allottees of the Projectentire Housing Project with further future extensions. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the entire Housing Project, namely /Complex (with further future extensions) shall not form a part of the declaration to be filed with the Competent Authority in accordance with COMPETENT AUTHORITY under the West Bengal Apartment Ownership Act, WEST BENGAL APARTMENT OWNERSHIP ACT 1972 . The Promoter agrees to pay all outgoings before transferring the physical deemed possession of the apartment row House or the Town House Unit 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 chargescharges(i.e 3 months’ from Notice of Possession), 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 Unit 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. Subject to the terms and conditions as detailed in this the Agreement, the Promoter Developer agrees to sell to the Allottee and the Allottee hereby Allotteehereby 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 of……………….sq. ft.excluding (balcony area having carpet area…………..sq. ft.), is Rs. (Rupees only ("Total Price"…………………sq. ft.) (Give break up and description): Block/Building/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] 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 Developer towards the [Apartment/Plot];
(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, in connection with the construction of the Project payable by the PromoterDeveloper) 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 Developer shall be increased/reduced based on such change / modification;
(iii) The Promoter Developer 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 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/Plot] Apartment includes: 1I) pro rata share in the Common Areas; and 2) 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 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 enclosed 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 Developer 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 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] The Promoter Developer 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* 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 PromoterDeveloper. If there is any reduction in the carpet area within 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 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 Developer 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 clause 1.2 of this Agreement. Subject to Clause 9.3 9, the Promoter Developer agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee allottee shall have exclusive ownership of the [Apartment/Plot];.
(ii) The Allottee shall also have undivided proportionate share in the Common AreasAreas(excluding the roof right which shall be retained by the Developer). 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 Developer 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 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 Developer 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 project is an independent, self-contained Project 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 project’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Projectproject. 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. The Promoter Developer agrees to pay all outgoings before transferring the physical possession of the apartment 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 project). If the Promoter Developer 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 to the Allottees, the Promoter Developer 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 he/she/they shall be liable to pay interest at the rate specified 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 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 1 contract
Samples: Agreement for Sale
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): Block/Building/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] 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 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/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 (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: 1I) pro rata share in the Common Areas; and 2) parking(s) as provided in the Agreement. garages(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 enclosed 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 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. 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 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 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 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. 1.1. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees Transferors agree to transfer and sell to the Allottee and the Allottee hereby agrees to purchasepurchase the Apartment morefully described in Schedule C for residential purposes.
1.2. TheTotalPriceforacquisitionoftheApartment basedonthe carpet area thereof is INR [●] (Indian National Rupees [●] only (“Total Price”) as summarized below and payable as per the Payment Plan mentioned in Schedule C. In addition to the Total Price, the Allottee shall also be required to pay the Extra Charges and the Deposits provided in Parts I and II of Schedule I hereunder: Floor [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 Flat No. Apartment No[•] Details of areas Particulars Area (sq. Type Floor Rate of Apartment per square feet* *Provide break up ft.) Flat (Carpet Area) [•] Carpet Area 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* ExplanationBalconies comprising of:
(i) The regular balcony(ies), if any [•], [•] and [•]
ii) triple height balcony(ies), , if any [•], [•] and [•]
iii) kitchen/service balcony, if any [•]
iv) private open terrace, if any [•] Flat (Built-up Area including all Balconies) Type Location Covered [•] Open [•] Apartment Consideration Explanatio n: n of the Apartment. he Total Price above includes the booking amount Booking Amount (defined below) paid by the allottee to the Promoter Allottee towards the [Apartment/Plot];acquisitio
(i) T
(ii) The Total Price above includes Taxes excludes Extra Charges, Deposits, taxes (consisting of tax paid or payable by the Promoter by way of Value Added TaxG.S.T., Service TaxC.G.S.T, GSTS.G.S.T, CGSTI.G.S.T, if any as per lawApplicable Law, and Cess cess or any other similar taxes and levies 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]: Apartment to the Allottee and/or the execution of the deed ofconveyance, whichever is earlier. Provided that all the applicable taxes and levies shall be payable by the Allottee to thePromoter. Further in case there is any change / change/ modification in the taxestaxes and levies payable by the Allottee, the subsequent amount payable by the allottee Allottee to the promoter Promoter shall be increased/increased/ reduced based on such change / change/ modification;.
(iii) The Promoter shall periodically intimate in writing to the Allottee, Allottee the amount of the installments of the Total Price payable as stated in (i) above and the Allottee shall make the payment demanded within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide on written request 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 levies, etc. have been imposed or become effective;becomeeffective.
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Apartment includes the cost of construction of the Common Areas; , Amenities and 2Facilities (morefully described in ScheduleF) as mentioned in thisAgreement.
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 any increase in area and/or the 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) Allottee shall make the payment of the Total Price as per the payment plan set out in Schedule C E ("Payment Plan"“PaymentPlan”).
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 at mutually agreed terms for the period by which the respective installment has been may be 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 PromoterthePromoter.
1.6. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plansSanctioned Plan, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule G in respect of the apartment, plot or building, Apartment except as the case may beagreed upon, without the previous written consent of the Allottee and the Promoter may charge, additional amounts for such modifications as may be agreed with the Allottee. : Provided that the Promoter may may, acting in its sole discretion, 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, it being expressly agreed and understood that the Promoter shall be entitled to carry out any additions and/or alterations in the Sanctioned Plan so long the same does not affect the Apartment intended to be transferred by way of sale in favour of the Allottee and the Allottee hereby consents to the same and waives the requirement of any further consent.
1.7. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area and the built up area that has have been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* Partial or Full Completion Certificate is granted by the competent authorityKMC, by furnishing details of the changes, if any, in the carpet area and the built-up 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 (beyond the defined limit then agreed tolerable deviation)then the Promoter shall refund the excess money paid by Allottee within forty-five 45 (fortyfive) days with annual interest at the rate specified in Rule 17 of the WBRERA 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 and sold to the Allottee, the Promoter shall 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 AgreementthisAgreement.
1.8. Subject to the Allottee not committing any default in terms of this Agreement including under Clause 9.3 9.3, the Promoter agrees Transferors agree and acknowledges, acknowledge that the Allottee shall have ownership rights in respect of the right to the Apartment/Plot] Apartment as mentioned belowmentionedherein:
(i) The Allottee shall have exclusive ownership rights in respect of the [Apartment/Plot];Flat andthe exclusive righttousetheCarParkingSpace. The allotment of the Car Parking Space shall be made by the Promoter after issue of the Completion Certificate by KMC and such allotment shall be made by the Promoter at its sole discretion.
(ii) The Allottee shall understands and acknowledges that the Building is divided in two segments namely the Residential Segment and the Commercial Segment which are to remain completely independent and autonomous of each other excepting that there would be certain General Common Elements which are to remain for common use and enjoyment of the owners and occupiers of the Residential Segment and the Commercial Segment (hereinafter referred to the GENERAL COMMON ELEMENTS details whereof will appear from PART I of SCHEDULE F hereunder written) and the other common parts and portions which are to remain for common use and enjoyment of the co-owners the Residential Segment only are more fully and particularly mentioned and described in PART II of SCHEDULE F hereunder written and are hereinafter referred to as the RESIDENTIAL SEGMENT COMMON ELEMENTS [For the sake of brevity GENERAL COMMON ELEMENTS and RESIDENTIAL SEGMENT COMMON ELEMENTS are collectively referred Common Areas, Amenities and Facilities]. Accordingly, the Allotteeshall also have undivided proportionate share in the right to useof the Common Areas, Amenities and Facilitiesalong with other allottees/occupants of the Project andthe Transferors, without causing any inconvenience and hindrance to him/her/it/them and as per rules made in this respect including the House Rules (morefully described and defined in Schedule H). Since the share / interest of right to use ofthe Allottee in the Common Areas theCommon Areas, Amenities and Facilities is undivided and cannot be divided or separated, the Allottee shall use the Common Areas Areas, Amenities and Facilities along with the Transferors, other allottees and 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 it/them and subject to the making timely payment of maintenance charges the Maintenance Charges, property taxes and other liabilities and charges as applicable. It is clarified that the promoter Promoter shall hand over and convey undivided proportionate title in the common areas Common Areas, Amenities and Facilities to the association of allottees Association after duly obtaining the completion/occupancy certificate from KMC as provided in the Act;theAct.
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, the land and the 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 Amenities and firefighting equipment in the common areas etc. Facilities and includes cost for providing all other facilities as and specifications to be provided within the ProjectProject as mentioned in Schedules G and F. The Allottee has also agreed to make timely payment of the Extra Charges and Deposits morefully described in Schedule I. The Extra Charges 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 shallfollow.
1.9. It is made clear by the Promoter Transferors and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking Apartment shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, independent self-contained Project covering the said 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 ProjecttheProject.
1.10. It is understood by the Allottee that all other areas and i.e. areas, that is, areas and facilities falling outside the ProjectProject and/or not specifically included in the Common Areas, namely Amenities and Facilities under this Agreement shall not form a part of the declaration to be filed with the Competent Authority competent authority in accordance with the West Bengal Apartment Ownership Act, 1972 Act,1972 (as amended from time to time).
1.11. The Promoter agrees agree(s) to pay all outgoings relating to the Apartment before selling/transferring the physical possession of the apartment Apartment 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 chargesMaintenance Charges, including repayment of mortgage loan taken by the Promoter and interest on such mortgages or other encumbrances on the Apartment 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 selling/transferring the apartment physical possession of the Apartment to the AllotteesAllottee, then the Promoter agrees to be liable, even after the sale/transfer of physical possession of the propertyApartment, 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 personorperson.
1.12. The Allottee has paid a sum of Rs , total sumofINR [●](Indian National Rupees only[●]) as booking amount Booking Amount being part payment towards the Total Price of the [Apartment/Plot] Apartment at the time of application theApplication 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] Apartment 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: specifiedtherein Provided that if the allottee Allottee delays in payment towards any amount for which is payable, he he/ her/ it 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 No. 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] 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 shall not form a part of the declaration to be filed with the Competent Authority in accordance with the withthe 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 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 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 Allottee/Purchaser and the Allottee Allottee/Purchaser 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 together with car parking is Rs. Rs (Rupees only only) ("“Total Price"”) (Give break up and description): Block/Building/: Tower No. Apartment No. Type Type: Floor : Rate of Apartment per square feet* *Provide break feet based on carpet area (inclusive of PLC+ Terrace,if any) Rs. Rate of Apartment per square feet based on standard built up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. area- Rs Total price (in rupees) (Rupees only) [AND] [if/as applicable] Plot No. 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 Allottee/Purchaser 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, 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 to the Allottee/Plot]: Purchaser and the Project to the association of Allottee/Purchasers 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/Purchaser 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/Purchaser;
(iii) The Promoter shall periodically intimate in writing to the Allottee/Purchaser, the amount payable as stated in (i) above and the Allottee 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 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 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 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 and agrees that while raising a demand on the Allottee Allottee/Purchaser 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/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 said project by the Authority as per the Act, the same shall not be charged from the Allottee/Purchaser.
1.4 The Allottee(sAllottee/Purchaser(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 Allottee/Purchaser by discounting such early payments @ % at the interest rate per annum offered by 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 Allottee/Purchaser 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/Purchaser 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/Purchaser, 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/Purchaser after the construction of the Building Apartment 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/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 Allottee/Purchaser. 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/Purchaser, the Promoter shall may demand that from the Allottee Allottee/Purchaser 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 Allottee/Purchaser shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee Allottee/Purchaser shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee Allottee/Purchaser shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee Allottee/Purchaser in the Common Areas is undivided and cannot be divided or separated, the Allottee 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 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 Allottee/Purchasers 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 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/Purchaser 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 Allottee/Purchaser agrees that the [Apartment/Plot] Apartment along with garage/closed car 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/Purchaser. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees Allottee/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 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment Apartment to the AllotteesAllottee/Purchasers, which it has collected from the AllotteesAllottee/Purchasers, 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 Allottee/Purchasers or any liability, mortgage loan and interest thereon before transferring the apartment Apartment to the AllotteesAllottee/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 by such authority or person. .
1.11 The Allottee 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] Apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee Allottee/Purchaser 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/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 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] Plot as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] Plot based on the carpet area 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* *Provide break The 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 is more clearly detailed in Schedule D attached hereto
(i) The Total Price above includes the booking amount Booking Amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];.
(ii) The Total Price above includes Taxes on the basis of prevalent tax rates (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]Villa 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 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 / modification;.
(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/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 recovery of price of land, construction of the Common Areas, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Plot] includes: 1) pro rata share , water line and plumbing and fire fighting equipment 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 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. The Allottee agrees that if the development charges, cost, charges, fees, levies, etc. / increase thereof is not paid, then the non- payment of such cost, charges, fees, levies etc., shall be treated as unpaid consideration as per this Agreement and the Promoter shall be entitled to levy interest, penalty and/or cancel the allotment and terminate this Agreement. The Allottee agrees that if deemed necessary by the Promoter, or if any provision of the existing and future laws, guidelines, directions etc. of any Government Authority or the competent authorities made applicable to the said Plot/Project requires provision of new/additional facilities/equipment/devices or their up-gradation etc. including but not limited to providing additional fire safety measures etc., then the cost of the such additional devices, equipment, facilities or up-gradation etc. shall also be borne and paid by the Allottee on pro- rata basis, as and when demanded by the Promoter.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C E ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments payment of installments payable by the Allottee by appropriately 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. .
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-F and Schedule-G (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 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. [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: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell assign to the Allottee Allottee, and the Allottee hereby agrees to purchasetake on assignment the Said Apartment And Properties Appurtenant Thereto and further the Promoter agrees to permit the Allottee to park private medium sized car(s) owned by the Allottee within the space comprising the Car Parking Space, the [Apartment/Plot] all as specified in paragraph H; Recital G hereinabove;
1.2 The Total Price for the [Apartment/Plot] Said Apartment And Properties Appurtenant Thereto (based on the carpet area is Carpet Area) and for the allotment of medium sized Car Parking Space, if any, comprises of the following:
a. A mutually agreed composite sum of Rs. /- (Rupees only only) as detailed herein below ("“Apartment & CP Price”) :- 1 Said Apartment 2 Servants Quarter 3 Car Parking Total
b. The applicable Taxes payable on the Apartment & CP Price as determined from time to time (“Apartment & CP Taxes”).
c. The Extra Charges as detailed hereinbelow: - Transformer Charges & Electricity Charges & Generator Charges - This amount is payable for the said Apartment as reimbursement of all costs, incidentals, charges and expenses to be incurred by the Promoter in making arrangement with CESC / any other electricity supply agency for providing and installing transformer at the said Project. Provided the Allottee shall pay the Deposit to CESC/ any other electricity supply agency directly on account of Individual Meter. Rs 25000 Per KVA Legal and Documentation Charges Rs /- Association Formation Charges 5000/- Total Extras Charges (in Rupees) Rs. Plus Transformer, Elec and Generator
d. The applicable Taxes payable on the Extra Charges as determined from time to time
e. The Deposits as detailed hereinbelow: - Sinking Fund Deposit - This amount is payable as funds for future repairs replacement, improvements and developments in the Project. This amount shall be and/or may be adjusted against any arrears in maintenance charges and/or applicable taxes as the Promoter or the Association may deem fit and proper. Rs /- Maintenance Deposit - This amount is payable against 24 months advance maintenance charges for the said Apartment calculated on the super built-up area. That the Promoter, has estimated the cost for first year maintenance charges, as per present indexation and on thumb rule basis, as such it shall not have any obligation to submit any account with regards to said maintenance charges to the Allottee. However, neither the Promoter shall ask for any extra amount on that account, for the said period, nor the Allottee shall ask for any deduction for the same. Rs /- Property tax deposit- This amount is payable against proportionate share of Property Tax for the said Apartment for twelve months, which shall be refunded after adjusting dues, if any; within 50 days from the date of providing the photo-stat copy of the Mutation Certificate to the Promoter. ( Rs 6/- Per SQFT) Rs /- Total Deposits (in Rupees) Rs. /-
f. The applicable Taxes, if any, payable on the Deposits as determined from time to time For the sake of brevity, the term “Total Price") ” shall include Apartment & CP Price, Apartment & CP Taxes, Extra Charges, Extra Charges Taxes, Deposits and Deposit Taxes (Give break up and description): Block/Building/Tower Noif any). 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 Allottee to the Promoter towards the [Apartment/Plot]Said Apartment And Properties Appurtenant Thereto;
(ii) The Total Price above includes Taxes taxes (consisting of tax paid or payable by the Promoter by way of Value Added Goods and Services Tax, Service Tax, GST, CGST, if any as per law, and Cess cess or any other similar taxes which may be levied, levied in connection with the construction of the Project and payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: Said Apartment And Properties Appurtenant Thereto to the Allottee. 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 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 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 Competent Authority and/or any other increase in charges and taxes, which may be levied or imposed by the competent Competent Authority or any other 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 charges/taxes 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 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 Schedule- ‘C’ ("Payment Plan"hereinafter referred to as the “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 such rate as may be decided by the Promoter and agreed by the Allottee at the rate of 5% per annum for the period by which the respective installment has been preponed(Five Percent) . 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 .
1.6 Except as disclosed to the Allottee in this Agreement (including in clause I above), 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 in respect of the apartment, plot or building, as the case may be, Apartment without the previous written consent of the Allottee. Provided that the Promoter may may, at its sole discretion, against extra costs payable by the Allottee make such minor additions or alterations as may be required by the Allottee, 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 Buildings/Towers are complete and the occupancy certificate* Occupancy Certificate is granted by the competent authorityCompetent 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 increased 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 rights of the Allottee is limited to leasehold interest of the Said Apartment And Properties Appurtenant Thereto and the Allottee hereby accepts the same and shall have the right not, under any circumstances, raise any claim, of leasehold interest, contrary to the Apartment/Plot] as mentioned below:above;
(i) The Allottee shall have exclusive ownership leasehold interest of the [Apartment/Plot];.
(ii) The Allottee shall also have undivided proportionate share in the Common AreasAreas as members of the Association. Since the share / 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 Assignor, Promoter, other allottees, occupants, maintenance staff etc., without causing any inconvenience or hindrance to themthem and as per the rules made in this respect including the House Rules. 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 Common Areas to the association of allottees Association after obtaining the Occupancy Certificate or Completion Certificate as provided in the Act;; and
(iii) That the computation of the price Total Price in respect of the [Apartment/Plot] Said Apartment And Properties Appurtenant Thereto includes recovery of price consideration of landthe Apartment , Car Parking Space , construction of [not only the Apartment but also] the Common Areas, internal development charges, if any, external development charges, taxes, cost of providing electric wiringup to the Apartment the electrical connectivity, fire detection water line and firefighting equipment plumbing, drainage, sewerage, sanitation system, solid waste management system, installation of street lights, organized open space, if any, including landscaping in the common areas etc. Common Areas of the Project, maintenance deposit for 24 months and includes cost for providing of all other facilities as and amenities, if any, provided within the ProjectApartment and the Project and any other charges/ deposits etc. more particularly mentioned in Clause 1.2 above .
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/closed parking Car Parking Space (if any) shall be treated as a single indivisible unit for all purposes. It Unless stated otherwise, it is agreed that the Project is an independent, self-contained Project covering on 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 AllotteeAllottee and except as disclosed to the Allottee as per clause ‘I’ above. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees 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 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 Said Apartment And Properties Appurtenant Thereto 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 fails to pay all or any of the outgoings collected by it from the all Allottees or any liability, mortgage loan and interest thereon before transferring the apartment Apartment And Properties Appurtenant Thereto to the AllotteesAllottee, the Promoter agrees to be liable, even after the transfer of the propertyApartment And Properties Appurtenant Thereto, 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 And Properties Appurtenant Thereto at the time of application application, the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price balance of the [Apartment/Plot] Total Price of the Apartment And Properties Appurtenant Thereto as prescribed in the Payment Plan mentioned 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 delays in payment towards any amount for which is payable, he he/she/it shall be liable beliable to pay interest at the rate specified theratespecified in the Rules.
Appears in 1 contract
Samples: Assignment 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 HG; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. Rs /- (Rupees only Rupees… only) ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment No. A 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] [ifAND][if/as applicable] Plot No. Type Rate of Plot per square feet* Garage No.-1 Price for 1 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, 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 / 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 includes: 1) pro rata prorate share in the Common Areas; and 2) Garage 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 @ 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 of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 1.ii 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] along with garage/closed parking Apartment alongwith 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 ProjecttheProject. 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 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] Apartment 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 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] Apartment No as specified in paragraph H;
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 etcsq.ft. [AND] [if/as applicable] Plot APARTMENT Apartment No. Type Rate of Plot per square feet* Explanation:Floor- Carpet area- HOME SWEET Name- Building Price - Garage/ Closed Parking
(i) The Total Price above includes the booking application amount paid by the allottee Allottees to the Promoter Owners/Promoters towards the [Apartment/Plot];Said Apartment And Appurtenances.
(ii) The Total Price above includes Taxes as mentioned in the details of price (consisting of tax paid or payable by the Promoter by way of CGST, SGST, Value Added Tax, Service Tax, GST, CGST, if any as per lawDuties, 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 Provided that in case there is any change / modification in the taxes, taxes the subsequent amount payable by the allottee to the promoter shall be increased/reduced increased /reduced based on such change / modification;
(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 Apartment incudes:
a. Pro rata share in the Common Areas; and 2and
b. garage(s)/ closed parking(s) as provided in the Agreement
1.3 The Total Price is escalation-free, save and except increases increases, which the Allottee Allottee/s 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.
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 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 (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] 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* 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/s, 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. 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: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 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 facilities, amenities and specifications to be provided within the the Project. ; 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 [if applicable] 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 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 Allottee/s that all other areas and i.e. areas and facilities falling outside the Projectproject, namely SWEET HOME APARTMENT 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 therefore 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] 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.
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Samples: Sale Agreement