Common use of Cancellation by Xxxxxxxx Clause in Contracts

Cancellation by Xxxxxxxx. (s)- The Allottee(s) shall have the right to cancel/withdraw his allotment in the Said Project as provided in the Act: Provided that where the Allottee(s) proposes to cancel/withdraw from the Said Project without any fault of the Promoter, or before the date of completion of the Said Project as recorded with the Authority at the time of registration of the Said Project or any extension thereof, the Promoter shall be entitled to forfeit and retain the Xxxxxxx Money/ application money/ booking amount, stamp duty, registration charges etc. paid in respect of allotment of the Unit in favor of the Allottee; Delay Payment Charges; documentation charges as mentioned in this Agreement, charges (including taxes) for dishonor of cheque (if any) by the Allottee(s)and all amounts collected as taxes, charges, levies, cess, assessments and all other impositions which may be levied by any appropriate authorities including but not limited to, GST, to the extent that credit of the GST / taxes paid is not allowed to be claimed as refund by the Promoter and all amounts (including taxes) paid or payable as brokerage fee to any real estate agent, broker, channel partner, institution etc. by the Promoter in respect of the booking of the Allottee(s)etc., as on the date of such termination, from the amounts paid by the Allottee(s) till such date and the balance amount of money paid by the Allottee(s), if any, shall be returned by the Promoter to the Allottee(s) without any interest, from the amount realized from new allottee/buyer. After refund of the money paid by the Allottee(s)as provided in this Clause, the Allottee(s)agrees that it shall not have any rights, claims etc. against the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. However, the aforesaid amount shall be refunded by the Promoter only upon execution and registration of the cancellation deed by the Allottee. Cancellation by Allottee(s) after Occupancy Certificate- Where the Allottee(s) proposes to cancel/withdraw from the Said Project without any fault of the Promoter, after receipt of Occupancy Certificate of the Said Project, the Promoter shall be entitled to forfeit and retain twice the Xxxxxxx Money / Application Money / Booking amount, stamp duty, registration charges etc. paid in respect of allotment of the Unit in favor of the Allottee; Delay Payment Charges; legal fees / documentation charges as mentioned in this Agreement, charges (including taxes) for dishonor of cheque (if any) by the Allottee(s)and all amounts collected as taxes, charges, levies, cess, assessments and all other impositions which may be levied by any appropriate authorities including but not limited to, GST, to the extent that credit of the GST / taxes paid is not allowed to be claimed as refund by the Promoter and all amounts (including taxes) paid or payable as brokerage fee to any real estate agent, broker, channel partner, institution etc. as on the date of such termination, from the amounts paid by the Allottee(s) till such date and the balance amount of money paid by the Allottee(s), if any, shall be returned by the Promoter to the Allottee(s) without any interest, from the amount realized from new allottee/buyer.. After refund of the money paid by the Allottee(s)as provided in this Clause, the Allottee(s)agrees that it shall not have any rights, claims etc. against the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. However, the aforesaid amount shall be refunded by the Promoter only upon execution and registration of the cancellation deed by the Allottee.

Cancellation by Xxxxxxxx. (s)- The Allottee(s) Allottee shall have the right to cancel/cancel/ withdraw his allotment in the Said Project as provided in the Act: . Provided that subject to clause 7.5 (i) below, where the Allottee(s) proposes to cancel/withdraw from the Said Project without any fault of the Promoter, the Allottee(s) shall serve a ‘12 months’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and the Promoter herein is entitled to forfeit 10% of the Total Price of the Apartment as mentioned in clause 1.2 hereinabove plus applicable taxes. The Promoter shall refund the balance amount by cheque/ demand draft. The Allottee(s) shall be at liberty to claim applicable taxes from the concerned authorities. The Allottee(s) acknowledge(s) that in the event of Allottee(s) terminating this Agreement for Sale for no default on the part of the Promoter, the Promoter is bound to suffer huge loss in as much as the said Apartment having remained blocked for the Allottee(s) and as such, in the event the Allottee(s) terminating or cancelling this Agreement for Sale, the Allottee(s) waive(s) the right to claim refund of balance amount until such time the Promoter has entered into another agreement with any other person or before the expiry of 45 days from the date of completion such termination, whichever event shall happen earlier. Where the Allottee(s) propose(s) to cancel/withdraw from the Project without any fault of the Said Project as recorded with Promoter then in such event the Authority at the time of registration of the Said Project or any extension thereof, the Promoter Allottee(s) shall be entitled to forfeit and retain exercise such right of termination only if on the Xxxxxxx Money/ application money/ booking amount, stamp duty, registration charges etc. paid in respect of allotment of date when the Unit in favor of the Allottee; Delay Payment Charges; documentation charges as mentioned in Allottee(s) so expresse(s) his/her/theeir intent to terminate this Agreement, charges (including taxesthe Total Price then prevailing for transfer of an Apartment in the Project is not less than the Total Price payable by theAllottee(s) for dishonor under this Agreement, and the Allottee(s) agree(s) and undertake(s) that the decision of cheque (if any) by the Allottee(s)and Promoter in this regard shall be final and binding on the Allottee(s). It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and all other impositions which may be levied by any and deposited including stamp duty, registration charges and incidental charges with the appropriate authorities including but concerned shall not limited to, GST, to the extent that credit of the GST / taxes paid is not allowed to be claimed as refund by the Promoter and all amounts (including taxes) paid or payable as brokerage fee to any real estate agent, broker, channel partner, institution etc. by the Promoter in respect of the booking of the Allottee(s)etc., as on the date of such termination, from the amounts paid by the Allottee(s) till such date and the balance amount of money paid by the Allottee(s), if any, shall be returned by the Promoter to and the Allottee(s) without any interest, from shall be free to approach the amount realized from new allottee/buyer. After authorities concerned for refund of the money paid by the Allottee(s)as provided in this Clause, the Allottee(s)agrees that it shall not have any rights, claims etc. against the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. However, the aforesaid amount shall be refunded by the Promoter only upon execution and registration of the cancellation deed by the Allottee. Cancellation by Allottee(s) after Occupancy Certificate- Where the Allottee(s) proposes to cancel/withdraw from the Said Project without any fault of the Promoter, after receipt of Occupancy Certificate of the Said Project, the Promoter shall be entitled to forfeit and retain twice the Xxxxxxx Money / Application Money / Booking amount, stamp duty, registration charges etc. paid in respect of allotment of the Unit in favor of the Allottee; Delay Payment Charges; legal fees / documentation charges as mentioned in this Agreement, charges (including taxes) for dishonor of cheque (if any) by the Allottee(s)and all amounts collected as such taxes, charges, levies, cess, assessments and all other impositions which may be levied by any appropriate authorities including but not limited to, GST, to the extent that credit of the GST / taxes paid is not allowed to be claimed as refund by the Promoter and all amounts (including taxes) paid or payable as brokerage fee to any real estate agent, broker, channel partner, institution etc. as on the date of such termination, from the amounts paid by the Allottee(s) till such date and the balance amount of money paid by the Allottee(s), if any, shall be returned by the Promoter to the Allottee(s) without any interest, from the amount realized from new allottee/buyer.. After refund of the money paid by the Allottee(s)as provided in this Clause, the Allottee(s)agrees that it shall not have any rights, claims etc. against the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. However, the aforesaid amount shall be refunded by the Promoter only upon execution and registration of the cancellation deed by the Allotteeimpositions.

Cancellation by Xxxxxxxx. (s)- The Allottee(s) Allottee shall have the right to cancel/cancel/ withdraw his allotment in the Said Project as provided in the Act: . Provided that subject to clause 7.5 (i) below, where the Allottee(s) Allottee proposes to cancel/withdraw from the Said Project without any fault of the Promoter, the Allottee shall serve a 90 (ninety) days’ notice in writing on the Promoter and on the expiry of the said period the allotment shall stand cancelled and , the Promoter herein is entitled to forfeit 10% of the Total Price of the said UNIT as mentioned in clause 1.2 hereinabove plus applicable taxes. The Allottee acknowledges that in the event of Allottee terminating this Agreement for Sale for no default on the part of the Promoter, the Promoter is bound to suffer huge loss in as much as the said UNIT having remained blocked for the Allottee and as such, in the event the Allottee terminating or cancelling this Agreement for Sale, the Allottee waives the right to claim refund of balance amount until such time the Promoter has entered into another agreement with any other person or before the expiry of 12 months from the date of completion such termination, whichever event shall happen earlier. The Promoter shall refund the balance amount by cheque/ demand draft. The Allottee shall be at liberty to claim applicable taxes from the concerned authorities. Where the Allottee proposes to cancel/withdraw from the Project without any fault of the Said Project as recorded with Promoter then in such event the Authority at the time of registration of the Said Project or any extension thereof, the Promoter Allottee shall be entitled to forfeit and retain exercise such right of termination only if on the Xxxxxxx Money/ application money/ booking amount, stamp duty, registration charges etc. paid in respect of allotment of date when the Unit in favor of the Allottee; Delay Payment Charges; documentation charges as mentioned in Allottee so expresses his intent to terminate this Agreement, charges (including taxes) the Total Price then prevailing for dishonor transfer of cheque (if any) an UNIT in the Project is not less than the Total Price payable by the Allottee(s)and Allottee under this Agreement, and the Allottee agree(s) and undertake(s) that the decision of the Promoter 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 all other impositions which may be levied by any and deposited including stamp duty, registration charges and incidental charges with the appropriate authorities including but concerned shall not limited to, GST, to the extent that credit of the GST / taxes paid is not allowed to be claimed as refund by the Promoter and all amounts (including taxes) paid or payable as brokerage fee to any real estate agent, broker, channel partner, institution etc. by the Promoter in respect of the booking of the Allottee(s)etc., as on the date of such termination, from the amounts paid by the Allottee(s) till such date and the balance amount of money paid by the Allottee(s), if any, shall be returned by the Promoter and the Allottee shall be free to approach the Allottee(s) without any interest, from the amount realized from new allottee/buyer. After authorities concerned for refund of the money paid by the Allottee(s)as provided in this Clause, the Allottee(s)agrees that it shall not have any rights, claims etc. against the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. However, the aforesaid amount shall be refunded by the Promoter only upon execution and registration of the cancellation deed by the Allottee. Cancellation by Allottee(s) after Occupancy Certificate- Where the Allottee(s) proposes to cancel/withdraw from the Said Project without any fault of the Promoter, after receipt of Occupancy Certificate of the Said Project, the Promoter shall be entitled to forfeit and retain twice the Xxxxxxx Money / Application Money / Booking amount, stamp duty, registration charges etc. paid in respect of allotment of the Unit in favor of the Allottee; Delay Payment Charges; legal fees / documentation charges as mentioned in this Agreement, charges (including taxes) for dishonor of cheque (if any) by the Allottee(s)and all amounts collected as such taxes, charges, levies, cess, assessments and all other impositions which may be levied by any appropriate authorities including but not limited to, GST, to the extent that credit of the GST / taxes paid is not allowed to be claimed as refund by the Promoter and all amounts (including taxes) paid or payable as brokerage fee to any real estate agent, broker, channel partner, institution etc. as on the date of such termination, from the amounts paid by the Allottee(s) till such date and the balance amount of money paid by the Allottee(s), if any, shall be returned by the Promoter to the Allottee(s) without any interest, from the amount realized from new allottee/buyer.. After refund of the money paid by the Allottee(s)as provided in this Clause, the Allottee(s)agrees that it shall not have any rights, claims etc. against the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. However, the aforesaid amount shall be refunded by the Promoter only upon execution and registration of the cancellation deed by the Allotteeimpositions.

Cancellation by Xxxxxxxx. (s)- The Allottee(s) shall have the right to cancel/withdraw his allotment in the Said Project Building as provided in the Act: Provided that where the Allottee(s) proposes to cancel/withdraw from the Said Project allotment of the Unit without any fault of the Promoter, or before the date of completion of the Said Project as recorded with the Authority at the time of registration of the Said Project or any extension thereofBuilding, the Promoter shall be entitled to forfeit and retain the Xxxxxxx Money/ application money/ booking amountAmount, stamp duty, registration charges etc. paid in respect of allotment of the Unit in favor of the Allottee; Delay Payment Charges; documentation charges as mentioned in this Agreement, charges (including taxes) for dishonor of cheque (if any) by the Allottee(s)and all amounts collected as any taxes, charges, leviesduties, cess, assessments and all other impositions which may be levied by any appropriate authorities including but not limited to, GST, to the extent that credit of the GST / taxes paid is not allowed to be claimed as refund etc. deposited by the Promoter and all amounts (including taxes) paid or payable as brokerage fee to any real estate agent, broker, channel partner, institution etc. by the Promoter concerned department/authority in respect of the booking Unit and all other penalties and Delay Payment Charges in respect of the Allottee(s)etc.Unit, as on the date of such termination, from the amounts paid by the Allottee(s) till such date and the balance amount of money paid by the Allottee(s), if any, shall be returned by the Promoter to the Allottee(s) without any interest, from the amount amounts realized from the allotment/sale of Unit to a new allottee/buyer. After refund Cancellation by Xxxxxxxx(s) after Completion of the money paid by the Allottee(s)as provided in this Clause, the Allottee(s)agrees that it shall not have any rights, claims etc. against the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. However, the aforesaid amount shall be refunded by the Promoter only upon execution and registration of the cancellation deed by the Allottee. Cancellation by Allottee(s) after Occupancy Certificate- Project - Where the Allottee(s) proposes to cancel/withdraw from the Said Project allotment of the Unit without any fault of the Promoter, after receipt of Occupancy Certificate completion of the Said ProjectBuilding, the Promoter shall be entitled to forfeit and retain twice the Xxxxxxx Money / Application Money / Booking amountAmount, stamp dutyall any taxes, registration charges duties, cess, etc. paid deposited by the Promoter to the concerned department/authority in respect of allotment of the Unit in favor of the Allottee; Delay Payment Charges; legal fees / documentation charges as mentioned in this Agreement, charges (including taxes) for dishonor of cheque (if any) by the Allottee(s)and all amounts collected as taxes, charges, levies, cess, assessments and all other impositions which may be levied by any appropriate authorities including but not limited to, GST, to the extent that credit penalties and Delay Payment Charges in respect of the GST / taxes paid is not allowed to be claimed as refund by the Promoter and all amounts (including taxes) paid or payable as brokerage fee to any real estate agentUnit, broker, channel partner, institution etc. as on the date of such termination, from the amounts paid by the Allottee(s) till such date and the balance amount of money paid by the Allottee(s), if any, shall be returned by the Promoter to the Allottee(s) without any interest, from the amount amounts realized from the allotment/sale of the Unit to a new allottee/buyer.. After refund . Compensation –The Promoter shall compensate the Allottee(s) in case of any actual loss, caused to him due to defective title of the money paid by Said Plot, on which the Allottee(s)as Building is being developed or has been developed, in the manner as provided in under the Act and the claim for the interest and compensation under this Clause, the Allottee(s)agrees that it provision shall not have be barred by limitation provided under any rights, claims etc. against law for the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. However, the aforesaid amount shall be refunded by the Promoter only upon execution and registration of the cancellation deed by the Allotteetime being in force.

Cancellation by Xxxxxxxx. (s)- The Allottee(s) shall have the right to cancel/withdraw his allotment in the Said Project as provided in the Act: . Provided that where the Allottee(s) proposes to cancel/withdraw from the Said Project without any fault of the Promoter, or before the date of completion of the Said Project as recorded with the Authority at the time of registration of the Said Project or any extension thereofProject, the Promoter shall be entitled to forfeit and retain the Xxxxxxx Money/ application money/ booking amountAmount, stamp duty, registration charges etc. paid in respect of allotment of the Unit in favor of the Allottee; Delay Payment Charges; documentation charges as mentioned in this Agreement, charges (including taxes) for dishonor of cheque (if any) by the Allottee(s)and all amounts collected as any taxes, charges, leviesduties, cess, assessments and all other impositions which may be levied by any appropriate authorities including but not limited to, GST, to the extent that credit of the GST / taxes paid is not allowed to be claimed as refund etc. deposited by the Promoter and all amounts (including taxes) paid or payable as brokerage fee to any real estate agent, broker, channel partner, institution etc. by the Promoter concerned department/authority in respect of the booking Unit and all other penalties and Delay Payment Charges in respect of the Allottee(s)etc.Unit, as on the date of such termination, from the amounts paid by the Allottee(s) till such date and the balance amount of money paid by the Allottee(s), if any, ) shall be returned by the Promoter to the Allottee(s) without any interest, from the amount amounts realized from the such new allottee/buyer. After refund of the money paid by the Allottee(s)as provided in this Clause, the Allottee(s)agrees that it shall not have any rights, claims etc. against the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. However, the aforesaid amount shall be refunded by the Promoter only upon execution and registration of the cancellation deed by the AllotteeAllottee(s). Cancellation by Allottee(s) after Occupancy Certificate- Completion Certificate-Where the Allottee(s) proposes to cancel/withdraw from the Said Project without any fault of the Promoter, after receipt of Occupancy Certificate completion certificate of the Said Project, the Promoter shall be entitled to forfeit and retain twice the Xxxxxxx Money / Application Money / Booking amountAmount, stamp dutyall any taxes, registration charges duties, cess, etc. paid deposited by the Promoter to the concerned department/authority in respect of allotment of the Unit in favor of the Allottee; Delay Payment Charges; legal fees / documentation charges as mentioned in this Agreement, charges (including taxes) for dishonor of cheque (if any) by the Allottee(s)and all amounts collected as taxes, charges, levies, cess, assessments and all other impositions which may be levied by any appropriate authorities including but not limited to, GST, to the extent that credit penalties and Delay Payment Charges in respect of the GST / taxes paid is not allowed to be claimed as refund by the Promoter and all amounts (including taxes) paid or payable as brokerage fee to any real estate agentUnit, broker, channel partner, institution etc. as on the date of such termination, from the amounts paid by the Allottee(s) till such date and the balance amount of money paid by the Allottee(s), if any, ) shall be returned by the Promoter to the Allottee(s) without any interest, from the amount amounts realized from the such new allottee/buyer.. After refund of the money paid by the Allottee(s)as provided in this Clause, the Allottee(s)agrees that it shall not have any rights, claims etc. against the Promoter and the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. However, the aforesaid amount shall be refunded by the Promoter only upon execution and registration of the cancellation deed by the AllotteeAllottee(s).