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: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

Appears in 5 contracts

Samples: Agreement for Sale, 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: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Provided that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in such event respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another allottee and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to exercise such right of termination only if on deal with and/or dispose off the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Said Apartment then prevailing for transfer of an Apartment And Appurtenances in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, manner it deems fit and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsproper.

Appears in 3 contracts

Samples: Agreement for Sale, 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: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

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: Where . Provided that where the Allottee proposes to cancel/withdraw from the project Project without any fault of the Vendor/ DeveloperPromoter, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer Promoter herein shall be is entitled to forfeit an 10% of the Unit Price being the booking amount equal to (Booking Amount), paid for the Cancellation Charges and the allotment plus applicable GST payable on such Cancellation Chargestaxes. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer Promoter to the Allottee without interest within 45 (forty-forty five) days of such cancellation or cancellation. 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 transfer registration of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the ‘such Deed of Cancellation’. Where , shall the Allottee proposes to cancel/withdraw from the Project be refunded aforesaid balance amount. Such refund shall be made without any fault of interest or compensation and all charges and expenses that may be incurred by the Vendor/ Developer then Promoter in making such event the Allottee refund shall be entitled to exercise such right borne by the Allottee. Upon withdrawal or cancellation of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Consideration of Apartment payable allotment by the Allottee under this Agreement, the Promoter shall have the right to re-allot the Apartment to any third party thereafter and the Allottee agree(s) and undertake(s) that the decision prior allotment in favour of the Vendor/ Developer in this regard shall be final and binding on the AllotteeAllottee will stand cancelled. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and All rights of the Allottee under any allotment letter issued or this Agreement shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsalso stand terminated.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

Cancellation by Allottee. The Allottee Allottees shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Where the Allottee Allottees proposes to cancel/withdraw from the project without any fault of the Vendor/ DeveloperSeller, the Allottee Allottees shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer Seller and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer Seller herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee Allottees shall be returned by the Vendor/ Developer Seller to the Allottee Allottees within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where the Allottee Allottees proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer Seller then in such event the Allottee Allottees shall be entitled to exercise such right of termination only if on the date when the Allottee Allottees so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Consideration of Apartment payable by the Allottee Allottees under this Agreement, and the Allottee Allottees agree(s) and undertake(s) that the decision of the Vendor/ Developer Seller in this regard shall be final and binding on the AllotteeAllottees. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer Seller and the Allottee Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

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: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Provided that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in such event respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another allottee and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to exercise such right of termination only if on deal with and/or dispose off the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Said Apartment then prevailing for transfer of an Apartment And Appurtenances in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, manner it deems fit and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsproper.

Appears in 2 contracts

Samples: Agreement, Agreement

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Provided that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in such event respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another buyer and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to exercise such right of termination only if on deal with and/or dispose off the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Said Apartment then prevailing for transfer of an Apartment And Appurtenances in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, manner it deems fit and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsproper.

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: Where . Provided that where the Allottee proposes to cancel/withdraw from the project Project without any fault of the Vendor/ DeveloperPromoter, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer Promoter herein shall be is entitled to forfeit an amount equal to the Cancellation Charges and Booking Amount paid for the allotment plus applicable GST payable on such Cancellation Chargestaxes. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer Promoter to the Allottee without interest within 45 (forty-forty five) days of such cancellation or on transfer of and in such event all the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it amounts paid by the Allottee towards GST will be clarified that the balance amount shall be payable subject refunded (if permitted) in accordance to the execution 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’. Where , shall the Allottee proposes to cancel/withdraw from the Project be refunded aforesaid balance amount. Such refund shall be made without any fault of interest or compensation and all charges and expenses that may be incurred by the Vendor/ Developer then Promoter in making such event the Allottee refund shall be entitled to exercise such right borne by the Allottee. Upon withdrawal or cancellation of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Consideration of Apartment payable allotment by the Allottee under this Agreement, the Promoter shall have the right to re-allot the Apartment to any third party thereafter and the Allottee agree(s) and undertake(s) that the decision prior allotment in favour of the Vendor/ Developer in this regard shall be final and binding on the AllotteeAllottee will stand cancelled. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and All rights of the Allottee under any allotment letter issued or this Agreement shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsalso stand terminated.

Appears in 2 contracts

Samples: Agreement for Sale, 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: Where Provided that where the Allottee allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developerpromoter, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer promoter herein shall be is entitled to forfeit an the booking amount equal to paid for the Cancellation Charges and the applicable GST payable on such Cancellation Chargesallotment. The balance amount of money paid by the Allottee allottee after deducting the tax which was already been paid to the government by the promoter shall be returned by the Vendor/ Developer promoter to the Allottee allottee within 45 (forty-five) days of such cancellation or on transfer suchcancellation, Compensation- The Promoter shall compensate the Allottee in case of any loss caused to him due to defective title of the Said land, on which the project is being developed or has been developed, in the manner as provided under the Act and the claim for interest and compensation under this provision shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a Force Majeure event, if the promoter fails to complete or is unable to give possession of the Apartment (i) in accordance with the terms of this Agreement, duly completed by the date specified in para 7.1; or (ii) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under the Act, or for any other Apartment Acquirerreason, whichever is earlier. However may it be clarified that the balance amount Promoter shall be payable subject liable, on demand to the execution of the ‘Deed of Cancellation’. Where allottees, in case the Allottee proposes wishes to cancel/withdraw from the Project without prejudice to any fault other remedy available, to return the total amount received by him in respect of the Vendor/ Developer then Apartment, with interest at the rate prescribed in such event the Rules including compensation if any in the manner as provided under the Act within forty-five days of it becoming due: Provided that where if the Allottees does not intend to withdraw from the project, the promoter shall pay the Allottee interest at the rate prescribed in the Rules for every month of delay, till the handing over of the possession of the apartment which shall be entitled paid by the promoter to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration within forty-five days of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsit becoming due.

Appears in 2 contracts

Samples: Agreement for Sale, 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: Where Provided that where the Allottee allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developerpromoter, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer promoter herein shall be is entitled to forfeit an the booking amount equal to paid for the Cancellation Charges and the applicable GST payable on such Cancellation Chargesallotment. The balance amount of money paid by the Allottee allottee shall be returned by the Vendor/ Developer promoter to the Allottee within 45 (forty-five) days of such cancellation or allottee on transfer resale of the Said Apartment said allotted property. PROVIDED THAT the intending purchaser is not willing to pay the EMI/interest or any other Apartment Acquirersuch amount or fees, whichever the builder will have the right to put an end to this agreement. If the builder desires to exercise his right to terminate the contract for the reason aforesaid , he shall give a notice of fifteen days in writing to the intending purchaser complaining the breach of agreement and in the event of his/her failure to rectify the same by the given date, terminate the agreement, without further reference to the intending purchaser, the intending purchaser will not have any right to agitate against the same in court of law. PROVIDED THAT, if the agreement is earlier. However may it be clarified that put an end to in the manner aforesaid, the builder shall forfeit the booking amount paid for the allotment and refund the balance amount shall be payable subject deposited by the intending purchaser to him without interest after deducting the execution service tax and VAT tax or GST which is being imposed and deposited by the intending purchaser on resale of the ‘Deed of Cancellation’said allotted property . Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee The builder shall be free to approach enter into agreement with others in respect of the authorities concerned for refund said flat upon termination of such taxes, charges, levies, cess, assessments and impositionsthis agreement.

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: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Provided that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in such event respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another Allottee and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to exercise such right of termination only if on deal with and/or dispose off the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Said Apartment then prevailing for transfer of an Apartment And Appurtenances in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, manner it deems fit and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsproper.

Appears in 1 contract

Samples: 202.61.117.163

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw cancel/withdrawn his allotment in the Project as provided in the Act: Where . Provided that where the Allottee proposes to cancel/withdraw from the project Project without any fault of the Vendor/ DeveloperPromoter, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer Promoter herein shall be is entitled to forfeit an total allotment amount, being the allotment amount equal to (Allotment amount paid by Allottee) plus applicable taxes and other incidental charges being stamp duty, registration charges, administrative charges, legal fees, other incidental charges and due interest upon unpaid amount till the Cancellation Charges and the applicable GST payable on such Cancellation Chargesdate of cancellation. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer Promoter to the Allottee without interest within 45 (forty-five) days of such cancellation or on transfer cancellation. However, in the event the Allottee is required by the Promoter to execute and present for registration of a Deed of Cancellation of allotment, the Said Apartment Allottee hereby agrees to do so without any other Apartment Acquirerclaim charge and demand and only upon registration of such Deed of Cancellation, whichever is earlier. However may it shall the Allottee be clarified that the refunded aforesaid balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’Allottee’s responsibility to pay off all stamp duty, registration charges and incidental charges for such case. Where the Allottee proposes to cancel/withdraw from the Project Such refund shall be made without any fault of interest or compensation and all charges and expenses that may be incurred by the Vendor/ Developer then Promoter in making such event the Allottee refund shall be entitled to exercise such right borne by the Allottee. Upon withdrawal or cancellation of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Consideration of Apartment payable allotment by the Allottee under this Agreement, the Promoter shall have the right to re-allot the Apartment to any third party thereafter and the Allottee agree(s) and undertake(s) that the decision prior allotment in favour of the Vendor/ Developer in this regard shall be final and binding on the AllotteeAllottee will stand cancelled. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and All rights of the Allottee under any allotment letter issued or this Agreement shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsalso stand terminated.

Appears in 1 contract

Samples: Agreement for Sale

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his their allotment in the Project Said Complex as provided in the Act: Where Provided that where the Allottee proposes to cancel/withdraw from the project Said Complex without any fault of the Vendor/ DeveloperPromoter or for any reason whatsoever, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer Promoter herein shall be entitled to forfeit an amount equal the Booking Amount (Said Apartment and Said Parking Space) paid for the provisional allotment and applicable taxes alongwith any interest liabilities of the Allottee to the Cancellation Charges and Promoter. After forfeiting the applicable GST payable on such Cancellation Charges. The amounts as aforesaid the balance amount amount, if any, of money paid by the Allottee shall be returned by the Vendor/ Developer Promoter to the Allottee within 45 (forty-five) days of such cancellation cancellation. In case the Allotment of Flat, commercial units, and/or Parking space is made under any particular scheme/s or on transfer offer or the Allottee has availed the benefits of any offer/scheme related to the Project/ Complex, the Allottee hereby accepts and agrees that in the event of cancellation/opting out of the Said Apartment allotment for any reason whatsoever, the residential apartments, commercial units/shops and parking spaces (if any) provisionally allotted to such Allottee shall immediately stand released/withdrawn for further re-allotment by the Promoter, without any further reference to such Allottee and thereupon, the benefits received or to be received under any offer/ scheme shall stand withdrawn and the general terms of cancellation (as may be applicable) shall apply and the allottee shall also become liable to pay to the Promoter any amount which may have been incurred by the Promoter in regard to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Consideration of Apartment payable offer or scheme availed by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

Appears in 1 contract

Samples: Format Agreement

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Provided that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment i.e. a sum equivalent to 9.9% (nine point nine) percent of the Total Price. Upon registration of the deed of cancellation in such event respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling/depreciating market, the amount refundable to the Allottee shall be entitled further reduced to exercise such right the extent of termination only if the difference in the amount/consideration receivable by the Promoter on the date when fresh sale of the Allottee so expresses his intent Apartment to terminate this Agreementanother allottee/new purchaser and the purchase price paid by the Allottee, if the Total Consideration of Apartment fresh or then prevailing for transfer of an Apartment in the Project sale price is not less than the Total Consideration of Apartment payable purchase price paid by the Allottee under this Agreement. The Allottee shall, at his own costs and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that expenses, execute all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned necessary cancellation related documents required by the Vendor/ Developer and Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be free entitled to approach deal with and/or dispose off the authorities concerned for refund of such taxes, charges, levies, cess, assessments Said Apartment And Appurtenances in the manner it deems fit and impositionsproper.

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: Where . Provided that where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where the Allottee allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Promoter, the Promoter herein is entitled to forfeit 30% of consideration amount including booking amount for the allotment Upon registration of the deed of cancellation in respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and i.e. upon the Promoter subsequently selling and transferring the said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up total price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter/Developer then and exclusive of any indirect taxes, stamp duty and registration charges. Further in such event case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another allottee and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter/Developer. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter/Developer and/or the Said Apartment and Appurtenances and the Promoter/Developer shall be entitled to exercise such right deal with and/or dispose of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of said Apartment then prevailing for transfer of an Apartment And Appurtenances in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, manner it deems fit and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsproper.

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: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Provided that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in such event respect of the Said Apartment and Appurtenances and upon re transfer of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another Allottee and receipt of the Transfer price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh Transfer of the Apartment to another Allottee and the purchase price of the Allottee, if the current Transfer price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to exercise such right of termination only if on deal with and/or dispose off the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Said Apartment then prevailing for transfer of an Apartment And Appurtenances in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, manner it deems fit and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsproper.

Appears in 1 contract

Samples: Agreement

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Provided that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment i.e. a sum equivalent to 10% (ten percent) of the Total Price. Upon registration of the deed of cancellation in such event respect of the Said Apartment and Appurtenances and upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another buyer and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to exercise such right of termination only if on deal with and/or dispose off the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Said Apartment then prevailing for transfer of an Apartment And Appurtenances in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, manner it deems fit and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsproper.

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: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Co-owners / Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Co-owners / Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Co-owners / Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Co-owners / Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Co-owners / Developer then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Co-owners / Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Co-owners / Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

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: Where Provided that where the Allottee allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developerpromoter, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer promoter herein shall be is entitled to forfeit an the booking amount equal to paid for the Cancellation Charges and the applicable GST payable on such Cancellation Chargesallotment. The balance amount of money paid by the Allottee allottee shall be returned by the Vendor/ Developer promoter to the Allottee allottee within 45 (forty-five) days of such cancellation or on transfer re-sale of the Said Unit to another allottee after deducted booking amount/delayed interest if any and price difference if any. Compensation – The Promoter shall compensate the Allottee in case of any loss caused to him due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under the Act and the claim for interest and compensation under this provision shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a Force Majeure event, if the promoter fails to complete or is unable to give possession of the Apartment (i) in accordance with the terms of this Agreement, duly completed by the date specified in para 7.1; or (ii) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under the Act; or for any other reason; the Promoter shall be liable, on demand to the allottees, in case the Allottee wishes to withdraw from the Project, without prejudice to any other Apartment Acquirerremedy available, whichever is earlier. However may it be clarified that to return the balance total amount shall be payable subject to the execution received by him in respect of the ‘Deed Apartment, with interest at the rate prescribed in the Rules including compensation in the manner as provided under the Act within forty- five days of Cancellation’it becoming due. Where Provided that where if the Allottee proposes does not intend to cancel/withdraw from the Project without any fault Project, the Promoter shall pay the Allottee interest at the rate prescribed in the Rules for every month of delay, till the handing over of the Vendor/ Developer then in such event possession of the Allottee Apartment, which shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Consideration of Apartment payable paid by the Allottee under this Agreement, and promoter to the Allottee agree(s) and undertake(s) that the decision allottee within forty- five days of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsit becoming due.

Appears in 1 contract

Samples: Agreement for Sale

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Cancellation by Allottee. The Allottee Allottees shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Where the Allottee Allottees proposes to cancel/withdraw from the project without any fault of the Vendor/ DeveloperPromoter, the Allottee Allottees shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer Promoter and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer Promoter herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee Allottees shall be returned by the Vendor/ Developer Promoter to the Allottee Allottees within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where the Allottee Allottees proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer Promoter then in such event the Allottee Allottees shall be entitled to exercise such right of termination only if on the date when the Allottee Allottees so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment anApartment in the Project is not less than the Total Consideration of Apartment payable by the Allottee Allottees under this Agreement, and the Allottee Allottees agree(s) and undertake(s) that the decision of the Vendor/ Developer Promoter in this regard shall be final and binding on the AllotteeAllottees. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer Promoter and the Allottee Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

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: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ DeveloperVendor, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer Vendor and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer Vendor herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer Vendor to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer Vendor then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer Vendor in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer Vendor and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

Appears in 1 contract

Samples: Agreement for Sale

Cancellation by Allottee. The Allottee Allottee(s) shall have the right to cancel/ cancel/withdraw his allotment in the Project as provided in the Act: Where . Provided that where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (twoAllottee(s) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then in such event Promoter before completion of Project, the Allottee shall be Promoter herein is entitled to exercise such right forfeit the Booking Amount (i.e. 10% of termination only if Total Price of Apartment) paid for the allotment and all/any taxes, duties, cess, etc. deposited by the Promoter to the concerned department/ authority in respect of the said Apartment and all other penalties and interest liabilities of any nature whatsoever in respect of the said Apartment, as on the date when of such termination from the amounts paid by the Allottee so expresses his intent till such date. In case the cancellation is done within 6(six) months from Date of Booking then the balance amount of money paid by the Allottee(s) shall be returned by the Promoter to terminate the Allottee(s) without any interest within forty-five days of such cancellation. In case the cancellation is done after 6 (six months) from the Date of Booking then the Balance amount shall be returned to the Allottee by the Promoter without any interest after sale of said Apartment to a new Allottee out of the amounts realized from such new Allottee. Cancellation by Allottee(s) after Completion Certificate: Notwithstanding anything contained anywhere in this Agreement, the Total Consideration Allottee shall not be entitled to cancel /withdraw from the Said Project after issue of Apartment then prevailing for transfer of an Apartment in completion certificate. However the Project is not less than the Total Consideration of Apartment payable by promoter may try to help the Allottee under this Agreement, to sell/ dispose the said Flat at the entire risk and cost of the Allottee agree(s) to any other person and undertake(s) that the decision after deduction of the Vendor/ Developer in this regard shall be final Booking amount, any overdue interest paid/ payable, holding charges, maintenance charges and binding on the Allottee. It is clarified that all amounts collected as other non refundable taxes, charges, levies, cess, assessments cesses etc. and impositions and deposited with the appropriate authorities concerned shall not be returned costs & expenses incurred by the Vendor/ Developer and Promoter in the said transaction, refund to the Allottee shall be free to approach the authorities concerned for refund balance remaining out of such taxes, charges, levies, cess, assessments and impositionsthe sum paid by him out of the sale proceeds thereof without interest.

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: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Provided that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment i.e. a sum equivalent to 9.5% (nine point five percent) of the Total Price. Upon registration of the deed of cancellation in such event respect of the Said Bungalow and Appurtenances and upon resale of the Said Bungalow and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Bungalow and Appurtenances to another allottee and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Bungalow to another allottee and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Bungalow And Appurtenances and the Promoter shall be entitled to exercise such right of termination only if on deal with and/or dispose off the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment Said Bungalow And Appurtenances in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, manner it deems fit and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsproper.

Appears in 1 contract

Samples: Draft Agreement Siddha Suburbia

Cancellation by Allottee. Transferee- The Allottee Allottee/Transferee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Where Provided that where the Allottee proposes to cancelAllottee/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where the Allottee Transferee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in such event respect of the Allottee Said Unit and Appurtenances and upon retransfer of the Said Unit and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Unit and Appurtenances to another allottee/transferee and receipt of the price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee/Transferee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh transfer of the Unit to another allottee/transferee and the purchase price of the Allottee/Transferee, if the current price is less than the sub-lease price. The Allottee/Transferee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee/Transferee shall have no claim of any nature whatsoever on the Promoter and/or the Said Unit And Appurtenances and the Promoter shall be entitled to exercise such right of termination only if on deal with and/or dispose off the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment Said Unit And Appurtenances in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, manner it deems fit and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsproper.

Appears in 1 contract

Samples: Agreement for Transfer

Cancellation by Allottee. The Allottee ALLOTTEE shall have the right to cancel/ withdraw his allotment in the Said Project as provided in the Act: Where the Allottee , provided that where ALLOTTEE proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where the Allottee proposes to cancel/withdraw from the Project without any fault of DEVELOPER, DEVELOPER herein is entitled to forfeit the Vendor/ Developer then entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in such event respect of the Allottee Apartment And Properties Appurtenant Thereto and upon resale of the Apartment And Properties Appurtenant Thereto i.e. upon DEVELOPER subsequently selling and transferring the Apartment And Properties Appurtenant Thereto to another allottee and receipt of the sale price thereon, DEVELOPER shall after adjusting the booking amount, refund to ALLOTTEE, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by DEVELOPER and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Apartment to another allottee and the purchase price of ALLOTTEE, if the current sale price is less than the purchase price. ALLOTTEE shall, at his own costs and expenses, execute all necessary cancellation related documents required by DEVELOPER. Upon the termination of this Agreement, ALLOTTEE shall have no claim of any nature whatsoever on DEVELOPER and/or the Apartment And Properties Appurtenant Thereto and DEVELOPER shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of deal with and/or dispose off Apartment then prevailing for transfer of an Apartment And Properties Appurtenant Thereto in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, manner it deems fit and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsproper.

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: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Provided that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in such event respect of the Said Apartment and Appurtenances and upon re transfer of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the Transfer price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh Transfer of the Apartment to another allottee and the purchase price of the Allottee, if the current Transfer price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to exercise such right of termination only if on deal with and/or dispose off the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Said Apartment then prevailing for transfer of an Apartment And Appurtenances in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, manner it deems fit and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsproper.

Appears in 1 contract

Samples: Agreement

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Provided that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer, the Developer then herein is entitled to forfeit the entirety of the booking amount paid for the allotment i.e. a sum equivalent to 10% (Ten Per cent) of the Total Price. Upon registration of the Deed of Cancellation in such event respect of the Said Bungalow and Appurtenances and upon resale of the Said Bungalow and Appurtenances i.e. upon the Developer subsequently selling and transferring the Said Bungalow and Appurtenances to another allottee and receipt of the sale price thereon, the Developer shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Developer and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh sale of the Bungalow to another allottee and the purchase price of the Allottee, if the current sale price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Developer. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Developer and/or the Said Bungalow And Appurtenances and the Developer shall be entitled to exercise such right of termination only if on deal with and/or dispose off the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment Said Bungalow And Appurtenances in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, manner it deems fit and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsproper.

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: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Provided that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then Transferor and/or the Promoter, the Transferor herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in such event respect of the Said Apartment and Appurtenances and upon re transfer of the Said Apartment and Appurtenances i.e. upon the Transferor subsequently selling and transferring the Said Apartment and Appurtenances to another Allottee and receipt of the Transfer price thereon, the Transferor/Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Transferor and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh Transfer of the Apartment to another Allottee and the purchase price of the Allottee, if the current Transfer price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Transferor and the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Transferor and the Promoter and/or the Said Apartment And Appurtenances and the Transferor shall be entitled to exercise such right of termination only if on deal with and/or dispose off the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Said Apartment then prevailing for transfer of an Apartment And Appurtenances in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, manner it deems fit and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsproper.

Appears in 1 contract

Samples: Agreement

Cancellation by Allottee. The Allottee shall have the right to cancel/ withdraw his allotment in the Project as provided in the Act: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then in such event the Allottee shall be entitled to exercise such right of termination only if on the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Apartment then prevailing for transfer of an Apartment anApartment in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

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: Where the Allottee proposes to cancel/withdraw from the project without any fault of the Vendor/ Developer, the Allottee shall serve a 2 (two) months’ notice in writing on the Vendor/ Developer and on the expiry of the said period the allotment shall stand cancelled and the Vendor/ Developer herein shall be entitled to forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be returned by the Vendor/ Developer to the Allottee within 45 (forty-five) days of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it be clarified Provided that the balance amount shall be payable subject to the execution of the ‘Deed of Cancellation’. Where where the Allottee proposes to cancel/withdraw from the Project without any fault of the Vendor/ Developer then Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid for the allotment. Upon registration of the deed of cancellation in such event respect of the Said Apartment and Appurtenances and upon retransfer of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to another allottee and receipt of the Total price thereon, the Promoter shall after adjusting the booking amount, refund to the Allottee, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, brokerage/referral fees, administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges. Further in case of a falling market the amount refundable will be further reduced by the extent of the difference in amount receivable on a fresh transfer of the Apartment to another Allottee and the purchase price of the Allottee, if the current total price is less than the purchase price. The Allottee shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment And Appurtenances and the Promoter shall be entitled to exercise such right of termination only if on deal with and/or dispose off the date when the Allottee so expresses his intent to terminate this Agreement, the Total Consideration of Said Apartment then prevailing for transfer of an Apartment And Appurtenances in the Project is not less than the Total Consideration of Apartment payable by the Allottee under this Agreement, manner it deems fit and the Allottee agree(s) and undertake(s) that the decision of the Vendor/ Developer in this regard shall be final and binding on the Allottee. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Vendor/ Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionsproper.

Appears in 1 contract

Samples: Sale Agreement

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