Procedure for taking possession The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the allottee at the time of conveyance of the same.
POSSESSION OF THE APARTMENT 7.1 Schedule for possession of the said Apartment: The Promoters agree and understand that timely delivery of possession of the Apartment to the Allottee and the Phase Common Portions to the Association of the Allottees of the Said Phase or the Competent Authority, as the case may be, is the essence of the Agreement. The Promoters assure to handover possession of the Apartment along with ready and complete Block Common Portions with the Specifications, Amenities and Facilities thereof on the date mentioned in Recital F unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake, any statutory order, rule, notification, or order or direction of any Court or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If, however, the completion of the Said Phase is delayed due to the Force Majeure conditions, then the Allottee agrees that the Promoters shall be entitled to the extension of time for delivery of possession of the Apartment. Provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event if becomes impossible for the Promoters to implement the Said Phase due to Force Majeure conditions, then this allotment shall stand terminated and the Developer, on behalf of all the Promoters, shall refund to the Allottee the entire amount paid by him/her to the Developer for the allotment within 45 days from that date, less the taxes, if any. For the refund of any taxes, the Allottee shall be required to apply directly to the concerned authorities. The Developer shall intimate the Allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/she shall not have any rights, claims etc. against any of the Promoters and that the Promoters shall be released and discharged from all its obligations and liabilities under this Agreement.