Common use of Cancellation by Allottee Clause in Contracts

Cancellation by Allottee. The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act subject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any default of the Promoter under this Agreement, the Promoter/owner herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money, if any, paid by the Allottee to the Promoter/owner towards the Total Price shall only be returned by the Promoter/owner to the Allottee within 45 days of such cancellation or within such further time as may be agreed between the parties The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The Promoter/owner shall not have any other liability or obligation whatsoever and shall be entitled to deal with, dispose of and/or sell the said Unit to anyone else without any reference to the Allottee after the date of termination.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

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Cancellation by Allottee. The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act subject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any default of the Promoter under this Agreement, the Promoter/owner Promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money, if any, paid by the Allottee to the Promoter/owner Promoter towards the Total Price shall only be returned by the Promoter/owner Promoter to the Allottee within 45 days of such cancellation or within such further time as may be agreed between the parties parties. The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The PromoterGST paid by the Allottee shall be refundable only if the Promoter receives refund/owner credit for the same from the concerned authorities. Such refund, if any, shall be made within 30 days of receipt/credit of GST. The Promoter shall not have any other liability or obligation whatsoever and shall be entitled to deal with, dispose of and/or sell the said Apartment Unit to anyone else without any reference to the Allottee after the date of termination.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

Cancellation by Allottee. The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act subject Actsubject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any default of the Promoter under this Agreement, the Promoter/owner Promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money, if any, paid by the Allottee to the Promoter/owner Promoter towards the Total Price shall only be returned by the Promoter/owner Promoter to the Allottee within 45 days of such cancellation or within such further time as may be agreed between the parties The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The Promoter/owner Promoter shall not have any other liability or obligation whatsoever and shall be entitled to deal with, dispose of and/or sell the said Apartment Unit to anyone else without any reference to the Allottee after the date of termination.

Appears in 1 contract

Samples: Agreement for Sale

Cancellation by Allottee. The Allottee shall have the right to cancel/cancel/ withdraw his allotment in the Project as provided in the Act subject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Act. Provided that where the Allottee proposes to cancel/cancel/ withdraw from the Project without any default fault of the Promoter under this AgreementPromoter, the Promoter/owner Promoter herein is entitled to forfeit the booking amount Booking Amount paid for the allotmentallotment plus applicable taxes. The balance amount of money, if any, money paid by the Allottee to the Promoter/owner towards the Total Price shall only be returned by the Promoter/owner Promoter to the Allottee without interest within 45 (forty five) days of such cancellation and in such event all the amounts paid by the Allottee towards GST will be refunded (if permitted) in accordance to the GST Laws applicable at the time of cancellation of this Agreement. However, in the event the Allottee is required by the Promoter to execute and present for registration a Deed of Cancellation of allotment, the Allottee hereby agrees to do so without any claim charge and demand and only on registration of such Deed of Cancellation, shall the Allottee be refunded aforesaid balance amount. Such refund shall be made without any interest or within such further time as compensation and all charges and expenses that may be agreed between incurred by the parties The fees Promoter in making such refund shall be borne by the Allottee. Upon withdrawal or cancellation of allotment by the Allottee under this Agreement, the Promoter shall have the right to re-allot the Apartment to any third party thereafter and expenses relating to the prior allotment in favour of the Allottee will stand cancelled. All rights of the Allottee under any allotment letter issued or this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The Promoter/owner shall not have any other liability or obligation whatsoever and shall be entitled to deal with, dispose of and/or sell the said Unit to anyone else without any reference to the Allottee after the date of terminationalso stand terminated.

Appears in 1 contract

Samples: Agreement for Sale

Cancellation by Allottee. The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act subject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any default of the Promoter under this Agreement, the Promoter/owner Promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money, if any, paid by the Allottee to the Promoter/owner Promoter towards the Total Price shall only be is returned by the Promoter/owner Promoter to the Allottee within 45 days of such cancellation or within such further time as may be agreed between the parties parties. The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The Promoter/owner Promoter shall not have any other liability or obligation whatsoever and shall be entitled to deal with, dispose of and/or sell the said Apartment Unit to anyone else without any reference to the Allottee after the date of termination.

Appears in 1 contract

Samples: Agreement for Sale

Cancellation by Allottee. The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act subject Actsubject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and timeand there being no failure, refusal, neglect, breach, violation, non-compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided law;Provided that where the Allottee proposes to cancel/withdraw from the Project without any default of the Promoter Promoter/Owner under this Agreement, the Promoter/owner Owner herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money, if any, paid by the Allottee to Allotteeto the Promoter/owner Owner towards the Total Price shall only be returned by the Promoter/owner Owner to the Allottee within 45 days of such cancellation or cancellationor within such further time as may be agreed between the parties parties.The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The Promoter/owner Owner shall not have any other liability or obligation whatsoever and shall be entitled to deal with, dispose of and/or sell the said Apartment Unit to anyone else without any reference to the Allottee after the date of termination.

Appears in 1 contract

Samples: Agreement for Sale

Cancellation by Allottee. The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act subject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any default of the Promoter Promoter/Owners under this Agreement, the Promoter/owner Owners herein is is/are entitled to forfeit the booking amount paid for the allotment. The balance amount of money, if any, paid by the Allottee to the Promoter/owner Owners towards the Total Price shall only be returned by the Promoter/owner Owners to the Allottee within 45 days of such cancellation or within such further time as may be agreed between the parties parties. The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The Promoter/owner Owners shall not have any other liability or obligation whatsoever and shall be entitled to deal with, dispose of and/or sell the said Apartment Unit to anyone else without any reference to the Allottee after the date of termination.

Appears in 1 contract

Samples: Agreement for Sale

Cancellation by Allottee. The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act subject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any default of the Promoter under this Agreement, the Promoter/owner Promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money, if any, paid by the Allottee to the Promoter/owner Promoter towards the Total Price shall only be returned by the Promoter/owner Promoter to the Allottee within 45 days of such cancellation or within such further time as may be agreed between the parties parties. The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The Promoter/owner Promoter shall not have any other liability or obligation whatsoever and shall be entitled to deal with, dispose of and/or sell the said Apartment Unit to anyone else without any reference to the Allottee after the date of termination.

Appears in 1 contract

Samples: 202.61.117.163

Cancellation by Allottee. The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act subject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-non- compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any default of the Promoter Promoter/Owner under this Agreement, the Promoter/owner Owner herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money, if any, paid by the Allottee to the Promoter/owner Owner towards the Total Price shall only be returned by the Promoter/owner Owner to the Allottee within 45 days of such cancellation or within such further time as may be agreed between the parties parties. The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The Promoter/owner Owner shall not have any other liability or obligation whatsoever and shall be entitled to deal with, dispose of and/or sell the said Apartment Unit to anyone else without any reference to the Allottee after the date of termination.

Appears in 1 contract

Samples: Agreement for Sale

Cancellation by Allottee. The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act subject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any default of the Promoter Vendors under this Agreement, the Promoter/owner Vendors herein is are entitled to forfeit the booking amount paid for the allotment. The balance amount of money, if any, paid by the Allottee to the Promoter/owner Vendors towards the Total Price shall only be returned by the Promoter/owner Vendors to the Allottee within 45 days of such cancellation or within such further time as may be agreed between the parties The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The Promoter/owner Vendors shall not have any other liability or obligation whatsoever and shall be entitled to deal with, dispose of and/or sell the said Apartment Unit to anyone else without any reference to the Allottee after the date of termination.

Appears in 1 contract

Samples: Agreement for Sale

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Cancellation by Allottee. The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act subject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any default of the Promoter Promoter/Owners under this Agreement, the Promoter/owner Owners herein is are entitled to forfeit the booking amount paid for the allotment. The balance amount of money, if any, paid by the Allottee to the Promoter/owner Owners towards the Total Price shall only be returned by the Promoter/owner Owners to the Allottee within 45 days of such cancellation or within such further time as may be agreed between the parties parties. The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The Promoter/owner Owners shall not have any other liability or obligation whatsoever and shall be entitled to deal with, dispose of and/or sell transfer the said Apartment Unit to anyone else without any reference to the Allottee after the date of termination.

Appears in 1 contract

Samples: Agreement for Sale

Cancellation by Allottee. The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act subject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-non- compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any default of the Promoter under this Agreement, the Promoter/owner Promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money, if any, paid by the Allottee to the Promoter/owner Promoter towards the Total Price shall only be returned by the Promoter/owner Promoter to the Allottee within 45 days of such cancellation or within such further time as may be agreed between the parties parties. The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The Promoter/owner Promoter shall not have any other liability or obligation whatsoever and shall be entitled to deal with, dispose of and/or sell the said Apartment Unit to anyone else without any reference to the Allottee after the date of termination.

Appears in 1 contract

Samples: Agreement for Sale

Cancellation by Allottee. The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act subject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any default of the Second Party/Promoter under this Agreement, the PromoterSecond Party/owner Promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money, if any, paid by the Allottee to the PromoterSecond Party/owner Promoter towards the Total Price shall only be returned by the PromoterSecond Party/owner Promoter to the Allottee within 45 days of such cancellation or within such further time as may be agreed between the parties parties. The liability of the Promoter to refund any amount to the Allottee shall arise only against execution and registration of a Cancellation Agreement. The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The PromoterSecond Party/owner Promoter shall not have any other liability or obligation whatsoever and shall be entitled to deal with, dispose of and/or sell the said Office Unit to anyone else without any reference to the Allottee after the date of termination.

Appears in 1 contract

Samples: Agreement for Sale

Cancellation by Allottee. The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act subject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-non- compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any default of the Promoter Vendors under this Agreement, the Promoter/owner Promoter herein is entitled to forfeit the booking amount paid for the allotment. The balance amount of money, if any, paid by the Allottee to the Promoter/owner Promoter towards the Total Price shall only be returned by the Promoter/owner Promoter to the Allottee within 45 days of such cancellation or within such further time as may be agreed between the parties parties. The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The Promoter/owner Promoter shall not have any other liability or obligation whatsoever and shall be entitled to deal with, dispose of and/or sell the said Apartment Unit to anyone else without any reference to the Allottee after the date of termination.

Appears in 1 contract

Samples: Agreement for Sale

Cancellation by Allottee. The Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act subject to the Allottee having complied with all his obligations under this Agreement till that time including making timely payment of all amounts payable under this Agreement till that time and there being no failure, refusal, neglect, breach, violation, non-non- compliance or default on the part of the Allottee to perform or comply with any of the terms, conditions, covenants, undertakings, stipulations, restrictions, prohibitions and/or obligations under this Agreement or otherwise under law; Provided that where the Allottee proposes to cancel/withdraw from the Project without any default of the Promoter Promoter/Owners under this Agreement, the Promoter/owner Owners herein is is/are entitled to forfeit the booking amount paid for the allotment. The balance amount of money, if any, paid by the Allottee to the Promoter/owner Owners towards the Total Price shall only be returned by the Promoter/owner Owners to the Allottee within 45 days of such cancellation or within such further time as may be agreed between the parties parties. The fees and expenses relating to this Agreement for Sale including stamp duty, registration fees, GST, Advocate fees, incidental and other expenses for registration, etc. shall not be refundable. The Promoter/owner Owners shall not have any other liability or obligation whatsoever and shall be entitled to deal with, dispose of and/or sell the said Apartment Unit to anyone else without any reference to the Allottee after the date of termination.

Appears in 1 contract

Samples: Agreement for Sale

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