Common use of EVENTS OF DEFAULTS AND CONSEQUENCES Clause in Contracts

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s business as a Vendor/ Developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer as demanded by the Vendor/ Developer. If the Allottee stops making payments, the Vendor/ Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ Developer, 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 paid by the Vendor/ Developer to the Allottee within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunder, despite having been issued notice in that regard the Allottee shall be liable to pay interest to the Vendor/ Developer on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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’. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.

Appears in 3 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

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EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer Seller shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer Seller fails to provide ready to move in possession of the Apartment to the Allottee Allottees within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s Seller's business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer Seller under the conditions listed above, Allottee Allottees is entitled to the following: Stop making further payments to Vendor/ Developer Seller as demanded by the Vendor/ DeveloperSeller. If the Allottee Allottees stops making payments, the Vendor/ Developer Seller shall correct the situation by completing the construction milestones and only thereafter the Allottee Allottees be required to make the next payment without any interest; or The Allottee Allottees shall have the option of terminating the Agreement in which case the Vendor/ Developer Seller shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee Allottees under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee Allottees does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ DeveloperSeller, 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 paid by the Vendor/ Developer Seller to the Allottee Allottees within 45 (forty-forty- five) days of it becoming due. Provided further 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. The Allottee Allottees shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee Allottees fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard the Allottee Allottees shall be liable to pay interest to the Vendor/ Developer Seller on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee Allottees in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee Allottees under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer Seller in this regard, the Vendor/ Developer Seller may cancel the allotment of the Apartment in favour of the Allottee Allottees and 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, subject to second proviso below, be returned by the Vendor/ Developer Seller to the Allottee Allottees within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer Seller shall intimate the Allottee Allottees about such termination at least 30 (thirty) days prior to such termination. Provided further 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 Seller and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer Seller or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer Seller shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by XxxxxxxxXxxxxxxxx, after notice from the Vendor/ Developer Seller in this regard, the Vendor/ Developer Seller may cancel the allotment of the Apartment in favour of the Allottee Allottees and 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, subject to proviso below, be returned by the Vendor/ Developer Seller to the Allottee Allottees within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However, However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided further 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 Seller and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions In the event construction of the wing or floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer Seller shall have the option to terminate this Agreement. In such an event, event the Vendor/ Developer Seller shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee Allottees under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice. Provided further 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 Seller and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions DEED OF CONVEYANCE OF THE SAID APARTMENT: The Seller, on receipt of Total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove under the Agreement from the Allottees, shall execute a deed of conveyance and convey the ownership rights of the Apartment together with the right to use the proportionate indivisible undivided share in the Common Areas within the time period as stated in local laws, to the Allottees. Provided that, in the absence of local law, the deed of conveyance in favour of the Allottees shall be carried out by the Seller within 3 (three) months from the date of issue of completion/occupancy certificate. However, in case the Allottees fails to deposit the stamp duty and/or registration charges within the period mentioned in the notice, the Allottees authorizes the Seller to withhold registration of the deed of conveyance in his/her favour till payment of stamp duty and registration charges to the Seller is made by the Allottees. The deed of conveyance shall be drafted by the Solicitors/Advocates of the Seller and shall be in such form and contain such particulars as may be approved by the Seller. No request for any changes whatsoever in the deed of conveyance will be entertained by the Seller unless such changes are required to cure any gross mistake or typographical or arithmetical error. MAINTENANCE OF THE BUILDING /APARTMENT / PROJECT: The Seller shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the Association upon the issuance of the completion certificate of the Project. The cost of such maintenance has been included in the Total Extras and Deposits as mentioned hereinabove for the Apartment. In case the formation of the Association is delayed due no fault of the Seller; the Seller shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Seller or facility management company, the charges for such maintenance as fixed by the Seller at actual.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate completion certificate has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s 's business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer as demanded by the Vendor/ Developer. If the Allottee stops making payments, the Vendor/ Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ Developer, 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 paid by the Vendor/ Developer to the Allottee within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunder, despite having been issued notice in that regard the Allottee shall be liable to pay interest to the Vendor/ Developer on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. Provided further 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 Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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. Provided further 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 Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, event the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.. Provided further 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 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

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s business as a Vendor/ Developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer as demanded by the Vendor/ Developer. If the Allottee stops making payments, the Vendor/ Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ Developer, 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 paid by the Vendor/ Developer to the Allottee within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunder, despite having been issued notice in that regard the Allottee shall be liable to pay interest to the Vendor/ Developer on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by XxxxxxxxAllottee, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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’. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence Subject to the Force Majeure, court orders, Government Policy / guidelines, policy / guidelines of a Force Majeure eventcompetent authorities, decisions the Vendor/ Developer Promoter shall be considered under a condition of default (“Default”)default, in the following events: Vendor/ Developer the Promoter fails to provide offer ready to move in possession of the developed Apartment for residential usage along with Parking (if applicable) to the Allottee within the time period specified in Clause para 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause para, 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate occupation certificate or part thereof has been issued by the competent authority; . Discontinuance of the Vendor's/ DeveloperPromoter’s business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules rules or Regulations regulations made thereunder. In case of Default default by Vendor/ Developer the Promoter under the conditions listed above, the Allottee is entitled to the following: Stop making further payments to Vendor/ Developer the Promoter as demanded by the Vendor/ DeveloperPromoter. If the Allottee stops making payments, the Vendor/ Developer Promoter shall correct the situation by completing the construction / development milestones and only thereafter the Allottee be required to make the next payment without any interestinterest for the period of such delay; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer Promoter shall be liable to refund, subject to the second proviso below, refund the entire money paid by the Allottee under any head whatsoever towards the sale purchase of the Apartment, along with interest at the rate prescribed in the Rules within 45 90 (forty-fiveninety) days of receiving the termination notice: Provided that where the an Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ DeveloperPromoter, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the ApartmentApartment for residential usage along with Parking (if applicable), which shall be paid by the Vendor/ Developer Promoter to the Allottee within 45 90 (forty-fiveninety) days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates for two consecutive demands made by Promoter as per the Payment Plan, mentioned hereunderpayment plan annexed hereto, despite having been issued notice in that regard regard., the Allottee Allotee shall be liable to pay interest to the Vendor/ Developer Promoter on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) Rules ; In case of the default by Allottee under the condition listed in clause 9.3(i) above continues for a period beyond 1 90 (oneninety) month days after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter may cancel the allotment of the Apartment for residential usage along with Parking (if applicable) in favour of the Allottee and forfeit an amount equal refund the money paid by the Allottee by forfeiting the Booking Amount paid for the allotment and interest component on delayed payment (paid/payable by the Allottee for breach of Agreement and non-payment of any due payable by the Allottee). The rate of interest payable by the Allottee to the Cancellation Charges and Promoter shall be the applicable GST payable on such Cancellation ChargesState Bank of India highest marginal cost of lending rate plus two percent. The balance amount of money paid by the Allottee shall, subject to second proviso below, shall be returned by the Vendor/ Developer Promoter to the Allottee within 12 (twelve) months ninety days of such cancellation or on transfer cancellation. On such default, the Agreement and any liability 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 Promoter arising out of the Deed of Cancellation and this Agreement same shall thereupon thereupon, stand terminated: . Provided that that, the Vendor/ Developer Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. The Allottee (s) agrees In case the obligations as above are not to do or omit to do or cause to be done complied with either by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee or the Promoter, the Authority may issue suitable directions. Further, additionally the Allottee shall be considered under a condition of default, in case the Allottee fails to comply with the conditions under the notice for offer of possession, including taking over of possession of the Apartment, providing necessary indemnities, undertakings, maintenance agreement and other documentation; and such failure continues for a period of more than 90 (sninety) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case days after receipt of such a default by Xxxxxxxx, after notice from the Vendor/ Developer Promoter in this regard, regard then the Vendor/ Developer Promoter may cancel the allotment of the Apartment in favour of along with the Parking (if applicable) if any, and refund the money paid by the Allottee by forfeiting the Booking Amount and forfeit an amount equal to interest component on delayed payment (paid/payable by the Cancellation Charges Allottee for breach of Agreement and non-payment of any due payable by the applicable GST payable on such Cancellation ChargesAllottee). The balance amount of money paid by the Allottee shall be, subject to proviso below, be returned by the Vendor/ Developer Promoter to the Allottee within 12 (twelve) months 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’. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the ApartmentAllottee, within 45 90 (forty-fiveninety) days of receiving such cancellation. On such default, the Agreement and any liability of the Promoter arising out of the same shall thereupon, stand terminated. Provided that, the Promoter shall intimate the Allottee about such termination noticeat least 30 (thirty) days prior to such termination.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a 8.1. Subject to the Force Majeure eventclause, the Vendor/ Developer Owner / Promoter shall be considered under a condition of default (“Default”), in Default if the following events: Vendor/ Developer Promoter fails to provide ready to move in possession of the Unit / Apartment to the Allottee / Purchaser within the time period specified in Clause 7.1 or clause 6.1, the Allottee / Purchaser is either entitled to stop making further payments to Owner / Promoter as demanded by the Owner / Promoter. If the Allottee / Purchaser stops making payments the Allottee / Purchaser, shall correct the situation by completing the construction milestones and only thereafter the Allottee / Purchaser be required to make the next payment without any interest. Be it mentioned apart from Force Majeure if the Owner / Promoter fails to complete construct the Project Designated Unit / Apartment within the stipulated time disclosed period specified in clause 6.1, then the Owner / Promoter shall be liable to pay to the Allottee / Purchaser interest at the time of registration rate specified in the Act on the part payment of the Project consideration until then paid by the Allottee / Purchaser to the Owner / Promoter for the period of delay PROVIDED THAT if the delay continues for a period of more than 06 (six) months the Allottee / Purchaser shall be entitled at any time thereafter to cancel the contract placed hereunder by a notice in writing. In the event of such cancellation, the Owner / Promoter shall refund the entire xxxxxxx money until then paid by the Allottee / Purchaser to the Allottee / Purchaser with interest at the Authorityrate specified in the Act within 45 days of such cancellation. For the purpose of this clause para 'ready to move in possession' shall mean that the Unit / Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Partiesparties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s business as a Vendor/ Developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer as demanded by the Vendor/ Developer. If the Allottee stops making payments, the Vendor/ Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ Developer, 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 paid by the Vendor/ Developer to the Allottee within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunder, despite having been issued notice in that regard the Allottee shall be liable to pay interest to the Vendor/ Developer on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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’. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.;

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer Vendor shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer Vendor fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate completion certificate has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s Vendor's business as a Vendor/ Developer Vendor on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer Vendor under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer Vendor as demanded by the Vendor/ DeveloperVendor. If the Allottee stops making payments, the Vendor/ Developer Vendor shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer Vendor shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ DeveloperVendor, 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 paid by the Vendor/ Developer Vendor to the Allottee within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunder, despite having been issued notice in that regard the Allottee shall be liable to pay interest to the Vendor/ Developer Vendor on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer Vendor in this regard, the Vendor/ Developer Vendor may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to second proviso below, be returned by the Vendor/ Developer Vendor to the Allottee within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer Vendor shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. Provided further 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 and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer Vendor or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer Vendor shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by Xxxxxxxx, after notice from the Vendor/ Developer Vendor in this regard, the Vendor/ Developer Vendor may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer Vendor to the Allottee within 12 (twelve) months 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. Provided further 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 and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer Vendor shall have the option to terminate this Agreement. In such an event, event the Vendor/ Developer Vendor shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.. Provided further 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 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

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer Promoter shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer Promoter fails to provide ready to move in possession of the Apartment to the Allottee Allottees within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s Promoter's business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer Promoter under the conditions listed above, Allottee Allottees is entitled to the following: Stop making further payments to Vendor/ Developer Promoter as demanded by the Vendor/ DeveloperPromoter. If the Allottee Allottees stops making payments, the Vendor/ Developer Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee Allottees be required to make the next payment without any interest; or The Allottee Allottees shall have the option of terminating the Agreement in which case the Vendor/ Developer Promoter shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee Allottees under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee Allottees does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ DeveloperPromoter, 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 paid by the Vendor/ Developer Promoter to the Allottee Allottees within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee Allottees shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee Allottees fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard the Allottee Allottees shall be liable to pay interest to the Vendor/ Developer Promoter on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee Allottees in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee Allottees under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter may cancel the allotment of the Apartment in favour of the Allottee Allottees and 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, subject to second proviso below, be returned by the Vendor/ Developer Promoter to the Allottee Allottees within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it mayit be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer Promoter shall intimate the Allottee Allottees about such termination at least 30 (thirty) days prior to such termination. Provided further 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 Promoter and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer Promoter or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer Promoter shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by XxxxxxxxAllottees, after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter may cancel the allotment of the Apartment in favour of the Allottee Allottees and 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, subject to proviso below, be returned by the Vendor/ Developer Promoter to the Allottee Allottees within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However, However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided further 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 Promoter and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions In the event construction of the wing or floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer Promoter shall have the option to terminate this Agreement. In such an event, event the Vendor/ Developer Promoter shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee Allottees under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice. Provided further 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 Promoter and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions DEED OF CONVEYANCE OF THE SAID APARTMENT: The Promoter, on receipt of Total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove under the Agreement from the Allottees, shall execute a deed of conveyance and convey the ownership rights of the Apartment together with the right to use the proportionate indivisible undivided share in the Common Areas within the time period as stated in local laws, to the Allottees. Provided that, in the absence of local law, the deed of conveyance in favour of the Allottees shall be carried out by the Promoter within 3 (three) months from the date of issue of completion/occupancy certificate. However, in case the Allottees fails to deposit the stamp duty and/or registration charges within the period mentioned in the notice, the Allottees authorizes the Promoter to withhold registration of the deed of conveyance in his/her favour till payment of stamp duty and registration charges to the Promoter is made by the Allottees. The deed of conveyance shall be drafted by the Solicitors/Advocates of the Promoter and shall be in such form and contain such particulars as may be approved by the Promoter. No request for any changes whatsoever in the deed of conveyance will be entertained by the Promoter unless such changes are required to cure any gross mistake or typographical or arithmetical error. MAINTENANCE OF THE BUILDING /APARTMENT / PROJECT: The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the Association upon the issuance of the completion certificate of the Project. The cost of such maintenance has been included in the Total Extras and Deposits as mentioned hereinabove for the Apartment. In case the formation of the Association is delayed due no fault of the Promoter; the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or facility management company, the charges for such maintenance as fixed by the Promoter at actual.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer Seller shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer Seller fails to provide ready to move in possession of the Apartment to the Allottee Allottees within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s Seller's business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer Seller under the conditions listed above, Allottee Allottees is entitled to the following: Stop making further payments to Vendor/ Developer Seller as demanded by the Vendor/ DeveloperSeller. If the Allottee Allottees stops making payments, the Vendor/ Developer Seller shall correct the situation by completing the construction milestones and only thereafter the Allottee Allottees be required to make the next payment without any interest; or The Allottee Allottees shall have the option of terminating the Agreement in which case the Vendor/ Developer Seller shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee Allottees under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee Allottees does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ DeveloperSeller, 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 paid by the Vendor/ Developer Seller to the Allottee Allottees within 45 (forty-forty- five) days of it becoming due. Provided further 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. The Allottee Allottees shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee Allottees fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard the Allottee Allottees shall be liable to pay interest to the Vendor/ Developer Seller on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee Allottees in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee Allottees under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer Seller in this regard, the Vendor/ Developer Seller may cancel the allotment of the Apartment in favour of the Allottee Allottees and 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, subject to second proviso below, be returned by the Vendor/ Developer Seller to the Allottee Allottees within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer Seller shall intimate the Allottee Allottees about such termination at least 30 (thirty) days prior to such termination. Provided further 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 Seller and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer Seller or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer Seller shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by XxxxxxxxAllottees, after notice from the Vendor/ Developer Seller in this regard, the Vendor/ Developer Seller may cancel the allotment of the Apartment in favour of the Allottee Allottees and 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, subject to proviso below, be returned by the Vendor/ Developer Seller to the Allottee Allottees within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However, However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided further 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 Seller and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions In the event construction of the wing or floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer Seller shall have the option to terminate this Agreement. In such an event, event the Vendor/ Developer Seller shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee Allottees under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice. Provided further 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 Seller and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions DEED OF CONVEYANCE OF THE SAID APARTMENT: The Seller, on receipt of Total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned hereinabove under the Agreement from the Allottees, shall execute a deed of conveyance and convey the ownership rights of the Apartment together with the right to use the proportionate indivisible undivided share in the Common Areas within the time period as stated in local laws, to the Allottees. Provided that, in the absence of local law, the deed of conveyance in favour of the Allottees shall be carried out by the Seller within 3 (three) months from the date of issue of completion/occupancy certificate. However, in case the Allottees fails to deposit the stamp duty and/or registration charges within the period mentioned in the notice, the Allottees authorizes the Seller to withhold registration of the deed of conveyance in his/her favour till payment of stamp duty and registration charges to the Seller is made by the Allottees. The deed of conveyance shall be drafted by the Solicitors/Advocates of the Seller and shall be in such form and contain such particulars as may be approved by the Seller. No request for any changes whatsoever in the deed of conveyance will be entertained by the Seller unless such changes are required to cure any gross mistake or typographical or arithmetical error. MAINTENANCE OF THE BUILDING /APARTMENT / PROJECT: The Seller shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the Association upon the issuance of the completion certificate of the Project. The cost of such maintenance has been included in the Total Extras and Deposits as mentioned hereinabove for the Apartment. In case the formation of the Association is delayed due no fault of the Seller; the Seller shall provide and maintain the essential services in the said Project till the Association is formed and the said Project is handed over to the Association and the Allottees shall be liable to pay to the Seller or facility management company, the charges for such maintenance as fixed by the Seller at actual.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Subject to the Force Majeure eventclause, the Vendor/ Developer Owner / Promoter shall be considered under a condition of default (“Default”), in Default if the following events: Vendor/ Developer Promoter fails to provide ready to move in possession of the Unit / Apartment to the Allottee / Purchaser within the time period specified in Clause 7.1 or clause 6.1, the Allottee / Purchaser is either entitled to stop making further payments to Owner / Promoter as demanded by the Owner / Promoter. If the Allottee / Purchaser stops making payments the Allottee / Purchaser, shall correct the situation by completing the construction milestones and only thereafter the Allottee / Purchaser be required to make the next payment without any interest. Be it mentioned apart from Force Majeure if the Owner / Promoter fails to complete construct the Project Designated Unit / Apartment within the stipulated time disclosed period specified in clause 6.1, then the Owner / Promoter shall be liable to pay to the Allottee / Purchaser interest at the time of registration rate specified in the Act on the part payment of the Project consideration until then paid by the Allottee / Purchaser to the Owner / Promoter for the period of delay PROVIDED THAT if the delay continues for a period of more than 06 (six) months the Allottee / Purchaser shall be entitled at any time thereafter to cancel the contract placed hereunder by a notice in writing. In the event of such cancellation, the Owner / Promoter shall refund the entire xxxxxxx money until then paid by the Allottee / Purchaser to the Allottee / Purchaser with interest at the Authorityrate specified in the Act within 45 days of such cancellation. For the purpose of this clause para 'ready to move in possession' shall mean that the Unit / Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Partiesparties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s business as a Vendor/ Developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer as demanded by the Vendor/ Developer. If the Allottee stops making payments, the Vendor/ Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ Developer, 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 paid by the Vendor/ Developer to the Allottee within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee / Purchaser shall be considered under a condition of defaultDefault, on in case the occurrence Allottee / Purchaser fails to make payments as per the Payment Plan (Schedule B) annexed hereto, or commits any breach of the following terms or conditions herein contained, then or in any of such events: , the Owner/ Promoter shall give 60 days notice to the Allottee / Purchaser to pay the amounts under default or to rectify the breach. In case the Allottee / Purchaser fails or neglects to make any the payments of the payments said amounts under default with applicable interest or to rectify the breach complained of within the due dates as per said period of 60 days, the Payment Plan, mentioned hereunder, despite having been issued notice in that regard Owner / Promoter may at its sole option and without prejudice to its rights sue the Allottee shall be liable to pay interest / Purchaser as provided for hereinafter, or any other right or remedy, provided to the Vendor/ Developer on the unpaid amount at the rate prescribed in the Rules. The parties agree Owner / Promoter herein, terminate and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer in rescind this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representativesagreement. In the event of such termination and recession, the rights and claims, if any, of the Allottee (s) does / Purchaser against the Owner / Promoter, the Designated Unit / Apartment, shall stand extinguished without the right of the Allottee / Purchaser over and in respect of the same and the Owner / Promoter shall be entitled to forfeit a sum equivalent to 10% of the total consideration amount and the interest accrued till the date of recession and termination of this agreement on the delayed payments, if any and as and by way of pre – determined compensation and liquidated damages. The balance amount, if any, remaining with the Owner / Promoter out of the xxxxxxx monies until then received, by the Owner / Promoter from the Allottee / Purchaser without any interest within 45 days from the date of such termination or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate recession of this Agreement. In case of such a default It is agreed by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, parties that the Vendor/ Developer may cancel pre – determined compensation and liquidated damages mentioned above has been mutually assessed by the allotment parties to be genuine and reasonable estimate of the Apartment damage expected to be suffered by the Owner / Promoter in favour the event mentioned hereinabove. Consequently, it will not be open to the Allottee / Purchaser, at any time, to contend to the contrary. However in case the Owner / Promoter condones the default of the Allottee / Purchaser then and forfeit an amount equal in such event the Allottee / Purchaser shall, along with such dues, and / or arrears, pay interest at the rate specified in the Act on all amounts remaining unpaid to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall be, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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’. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination noticeOwner / Promoter.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer Promoter shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer Promoter fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s Promoter's business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer Promoter under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer Promoter as demanded by the Vendor/ DeveloperPromoter. If the Allottee stops making payments, the Vendor/ Developer Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer Promoter shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ DeveloperPromoter, 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 paid by the Vendor/ Developer Promoter to the Allottee within 45 (forty-five) days of it becoming due. Provided further 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 shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard the Allottee shall be liable to pay interest to the Vendor/ Developer Promoter on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter may cancel the allotment of the Apartment in favour of the Allottee and forfeit an amount equal to the Cancellation Charges and Booking Amountand the applicable GST payable on such Cancellation Charges. The balance amount of money paid by the Allottee shall, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 interest liabilities and this Agreement shall thereupon stand terminated: terminated Provided that the Vendor/ Developer Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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’. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Subject to the Force Majeure eventclause, the Vendor/ Developer Promoter shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer Promoter fails to provide ready to move in possession of the Apartment to the Allottee Allottees within the time period specified in Clause 7.1 or fails to complete the Real Estate Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause Clause 'ready to move in possession' shall mean that the Said Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, specifications as agreed to between the Partiesspecified in Schedule D of this Agreement, and for which Completion Certificate completion certificate, has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s Promoter's business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules rules or Regulations regulations made thereunder. In case of Default by Vendor/ Developer Promoter under the conditions listed above, Allottee is Allottees are entitled to the following: Stop making further payments to Vendor/ Developer Promoter as demanded by the Vendor/ DeveloperPromoter. If the Allottee stops Allottees stop making payments, payments the Vendor/ Developer Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee Allottees be required to make the next payment without any interest; or The Allottee Allottees shall have the option of terminating the Agreement in which case the Vendor/ Developer Promoter shall be liable to refund, subject to the second proviso below, refund the entire money paid by the Allottee Allottees under any head whatsoever towards the sale purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) five days of receiving the termination notice: notice subject to allottee registering the deed of cancellation in respect of the Said Apartment and Appurtenances; Provided that where the Allottee an Allottees does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ Developerpromoter, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the Said Apartment, which shall be paid by the Vendor/ Developer Promoter to the Allottee Allottees within 45 (forty-five) five days of it becoming due. Provided further 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. The Allottee Allottees shall be considered under a condition of defaultDefault, on the occurrence of the following events: In case the Allottee fails Allottees fail to make any of payment to the payments within the due dates Promoter as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard regard, the Allottee Allottees shall be liable to pay interest to the Vendor/ Developer Promoter on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) ; In case of default Default by Allottee Allottees under the condition listed above continues for a period beyond 1 3 (onethree) month consecutive months after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter, upon 30 (thirty) days written notice, may cancel the allotment of the Apartment in favour of the Allottee Allottees and forfeit an the entirety of the booking amount equal to paid for the Cancellation Charges and allotment. Upon registration of the applicable GST payable on such Cancellation Charges. The balance amount deed of money paid by the Allottee shall, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months of such cancellation or on transfer in respect 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee Appurtenances and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months of such cancellation or on transfer upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to any other Apartment Acquireranother allottee and receipt of the sale price thereon, whichever is earlier. Howeverthe Promoter shall after adjusting the booking amount, may it be clarified that refund to the Allottees, the balance amount 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, upon the termination of this Agreement in the aforesaid circumstances, the Allottees shall have no claim of any nature whatsoever on the Promoter and/or the Said Apartment and Appurtenances and the Promoter shall be payable subject entitled to deal with and/or dispose off the execution of Said Apartment and Appurtenances in the ‘Deed of Cancellation’. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination noticemanner it deems fit and proper.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Subject to the Force Majeure eventclause, the Vendor/ Developer Promoter shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer Promoter fails to provide ready to move in possession of the [Apartment / Plot] to the Allottee within the time period specified in Clause para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this clause 'para, ‘ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specificationsspecification, amenities and facilities, as agreed to between the Partiesparties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; . Discontinuance of the Vendor's/ DeveloperPromoter’s business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules rules or Regulations regulations made thereunder. In case of Default by Vendor/ Developer Promoter under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer Promoter as demanded by the Vendor/ DeveloperPromoter. If the Allottee stops making payments, the Vendor/ Developer Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer Promoter shall be liable to refund, subject to refund the second proviso below, the entire tntire money paid by the Allottee under any head whatsoever towards the sale purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) sixty days of receiving the termination notice: Provided that where the an Allottee does not intend to withdraw from the Project project or terminate the Agreement, he shall be paid, by the Vendor/ Developerpromoter, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartment, [Apartment / Plot] which shall be paid by the Vendor/ Developer promoter to the Allottee allottee within 45 (forty-five) sixty days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of defaultDefault, on the occurrence of the following events: In case the Allottee fails to make any of payments for ____ consecutive demands made by the payments within the due dates Promoter as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard the Allottee allottee shall be liable to pay interest to the Vendor/ Developer promoter on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) ; In case of default Default by Allottee under the condition listed above continues for a period beyond 1 (one) month _______ consecutive months after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer may Promoter xxx cancel the allotment of the [Apartment / Plot] in favour of the Allottee and forfeit an refund the money paid to him by the allottee by deducting the booking 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 interest liabilities and this Agreement shall thereupon stand terminated: . Provided that the Vendor/ Developer Promoter shall intimate the Allottee allottee about such termination at least 30 (thirty) thirty days prior to such termination. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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’. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Subject to the Force Majeure eventclause, the Vendor/ Developer Promoter shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer Promoter fails to provide ready to move in possession of the Apartment [Apartment/Plot] to the Allottee within the time period specified in Clause para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this clause para, 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Partiesparties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ DeveloperPromoter’s business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules rules or Regulations regulations made thereunder. In case of Default by Vendor/ Developer Promoter under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer Promoter as demanded by the Vendor/ DeveloperPromoter. If the Allottee stops making payments, the Vendor/ Developer Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer Promoter shall be liable to refund, subject to the second proviso below, refund the entire money paid by the Allottee under any head whatsoever towards the sale purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) five days of receiving the termination notice: Provided that where the an Allottee does not intend to withdraw from the Project project or terminate the Agreement, he shall be paid, by the Vendor/ Developerpromoter, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the [Apartment/Plot], which shall be paid by the Vendor/ Developer promoter to the Allottee allottee within 45 (forty-five) five days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunder, despite having been issued notice in that regard the Allottee shall be liable to pay interest to the Vendor/ Developer on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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’. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer shall be considered under a condition of default (“Default"), in the following events: Vendor/ Vendor / Developer fails to provide ready to move in possession of the Apartment to the Allottee Allotee within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate has been issued by the competent authority; : Discontinuance of the Vendor's/ Vendors / Developer’s 's business as a Vendor/ Vendor / Developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. thereunder In case of Default by Vendor/ Vendor/Developer under the conditions listed above, Allottee Allotee is entitled to the followingfollowing : Stop making further payments to Vendor/ Vendor Developer as demanded by the Vendor/ Vendor / Developer. If the Allottee stops making payments, the Vendor/ Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee Allotee shall have the option of terminating the Agreement in which case the Vendor/ Developer shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ Developer., 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 paid by the Vendor/ Developer to the Allottee within 45 (forty-forty- five) days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunder, despite having been issued notice in that regard the Allottee shall be liable to pay interest to the Vendor/ Vendor / Developer on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee Allotee in all fairness shall be responsible for such delayed payments., all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) . In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Vendor / Developer in this his regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee Allotee and 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 Decd of Cancellation and this Agreement shall thereupon stand terminated: terminated Provided that the Vendor/ Vendor Developer shall intimate the Allottee Allotee about such termination at least 30 (thirty) days prior to such termination. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Project Vendor / Developer or its representatives. representatives In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Vendor Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. Agreement In case of such a default by XxxxxxxxAllottee, after notice from the Vendor/ Vendor Developer in this regard, the Vendor/ Vendor Developer may cancel the allotment of the Apartment in favour of the Allottee Allotee and forfeit an amount amnount 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, subject to proviso below, be returned by the Vendor/ Vendor Developer to the Allottee within 12 45 (twelveForty Five) months 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'. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, . the Vendor/ Vendor Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, refund subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer Promoter shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer Promoter fails to provide ready to move in possession of the Apartment to the Allottee Allottees within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s Promoter's business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer Promoter under the conditions listed above, Allottee Allottees is entitled to the following: Stop making further payments to Vendor/ Developer Promoter as demanded by the Vendor/ DeveloperPromoter. If the Allottee Allottees stops making payments, the Vendor/ Developer Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee Allottees be required to make the next payment without any interest; or The Allottee Allottees shall have the option of terminating the Agreement in which case the Vendor/ Developer Promoter shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee Allottees under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee Allottees does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ DeveloperPromoter, 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 paid by the Vendor/ Developer Promoter to the Allottee Allottees within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee Allottees shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee Allottees fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard the Allottee Allottees shall be liable to pay interest to the Vendor/ Developer Promoter on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee Allottees in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee Allottees under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter may cancel the allotment of the Apartment in favour of the Allottee Allottees and 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, subject to second proviso below, be returned by the Vendor/ Developer Promoter to the Allottee Allottees within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer Promoter shall intimate the Allottee Allottees about such termination at least 30 (thirty) days prior to such termination. Provided further 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 Promoter and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer Promoter or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer Promoter shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by XxxxxxxxAllottees, after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter may cancel the allotment of the Apartment in favour of the Allottee Allottees and 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, subject to proviso below, be returned by the Vendor/ Developer Promoter to the Allottee Allottees within 12 (twelve) months 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 ApartmentAcquirer,whicheverisearlier.Howevermayitbeclarifiedthatthebalanceamountshallbe payable subject to the execution of the Deed of Cancellation. Provided further 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 Promoter and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions In the event construction of the wing or floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer Promoter shall have the option to terminate this Agreement. In such an event, event the Vendor/ Developer Promoter shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee Allottees under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.. Provided further 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 Promoter and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions DEED OF CONVEYANCE OF THE SAID APARTMENT: The Promoter, on receipt of Total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned in clause 1.2.1, 1.2.2 and 1.2.3 under the Agreement from the Allottees, shall execute a deed of conveyance and convey the ownership rights of the Apartment together with the right to use the proportionate indivisible undivided share in the Common Areas within the time period as stated in local laws, to theAllottees. Provided that, in the absence of local law, the deed of conveyance in favour of the Allottees shall be carried out by the Promoter within 3 (three) months from the date of issue of completion/occupancy certificate. However, in case the Allottees fails to deposit the stamp duty and/or registration charges within the period mentioned in the notice, the Allottees authorizes the Promoter to withhold registration of the deed of conveyance in his/her favour till payment of stamp duty and registration charges to the Promoter is made by the Allottees. The deed of conveyance shall be drafted by the Solicitors/Advocates of the Promoter and shall be in such form and contain such particulars as may be approved by the Promoter. No request for any changes whatsoever in the deed of conveyance will be entertained by the Promoter unless such changes are required to cure any gross mistake or typographical or arithmetical error. MAINTENANCE OF THE BUILDING /APARTMENT / PROJECT:

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a 8.1. Subject to the Force Majeure eventclause, the Vendor/ Developer Promoter shall be considered under a condition of default (“Default”), in Default if the following events: Vendor/ Developer Promoter fails to provide ready to move in possession of the Unit / Apartment to the Allottee / Purchaser within the time period specified in Clause 7.1 or clause 6.1, the Allottee / Purchaser is either entitled to stop making further payments to Promoter as demanded by the Promoter. If the Allottee / Purchaser stops making payments the Allottee / Purchaser, shall correct the situation by completing the construction milestones and only thereafter the Allottee / Purchaser be required to make the next payment without any interest. Be it mentioned apart from Force Majeure if the Promoter fails to complete construct the Project Designated Unit / Apartment within the stipulated time disclosed period specified in clause 6.1, then the Promoter shall be liable to pay to the Allottee / Purchaser interest at the time of registration rate specified in the Act on the part payment of the Project consideration until then paid by the Allottee / Purchaser to the Promoter for the period of delay PROVIDED THAT if the delay continues for a period of more than 06 (six) months the Allottee / Purchaser shall be entitled at any time thereafter to cancel the contract placed hereunder by a notice in writing. In the event of such cancellation, the Promoter shall refund the entire xxxxxxx money until then paid by the Allottee / Purchaser to the Allottee / Purchaser with interest at the Authorityrate specified in the Act within 45 days of such cancellation. For the purpose of this clause para 'ready to move in possession' shall mean that the Unit / Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Partiesparties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s business as a Vendor/ Developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer as demanded by the Vendor/ Developer. If the Allottee stops making payments, the Vendor/ Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ Developer, 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 paid by the Vendor/ Developer to the Allottee within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunder, despite having been issued notice in that regard the Allottee shall be liable to pay interest to the Vendor/ Developer on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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’. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.;

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer Vendor shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer Vendor fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate completion certificate has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s Vendor's business as a Vendor/ Developer Vendor on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer Vendor under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer Vendor as demanded by the Vendor/ DeveloperVendor. If the Allottee stops making payments, the Vendor/ Developer Vendor shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer Vendor shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ DeveloperVendor, 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 paid by the Vendor/ Developer Vendor to the Allottee within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunder, despite having been issued notice in that regard the Allottee shall be liable to pay interest to the Vendor/ Developer Vendor on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer Vendor in this regard, the Vendor/ Developer Vendor may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to second proviso below, be returned by the Vendor/ Developer Vendor to the Allottee within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer Vendor shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. Provided further 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 and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer Vendor or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer Vendor shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by XxxxxxxxAllottee, after notice from the Vendor/ Developer Vendor in this regard, the Vendor/ Developer Vendor may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer Vendor to the Allottee within 12 (twelve) months 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. Provided further 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 and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer Vendor shall have the option to terminate this Agreement. In such an event, event the Vendor/ Developer Vendor shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.. Provided further 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 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

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s 's business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer as demanded by the Vendor/ Developer. If the Allottee stops making payments, the Vendor/ Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ Developer, 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 paid by the Vendor/ Developer to the Allottee within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard the Allottee shall be liable to pay interest to the Vendor/ Developer on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it mayit be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. Provided further 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 Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner amanner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by XxxxxxxxAllottee, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However, However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided further 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 Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, event the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.. Provided further 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 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

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EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s 's business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer as demanded by the Vendor/ Developer. If the Allottee stops making payments, the Vendor/ Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ Developer, 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 paid by the Vendor/ Developer to the Allottee within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard the Allottee shall be liable to pay interest to the Vendor/ Developer on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However may it mayit be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. Provided further 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 Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner amanner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However, However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided further 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 Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, event the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.. Provided further 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 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

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Subject to the Force Majeure eventclause, the Vendor/ Developer Promoter shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer Promoter fails to provide ready to move in possession of the Apartment [Apartment/Plot] to the Allottee within the time period specified in Clause para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this clause para, 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Partiesparties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ DeveloperPromoter’s business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules rules or Regulations regulations made thereunderthe re under. In case of Default by Vendor/ Developer Promoter under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer Promoter as demanded by the Vendor/ DeveloperPromoter. If the Allottee stops making payments, the Vendor/ Developer Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer Promoter shall be liable to refund, subject to the second proviso below, refund the entire money paid by the Allottee under any head whatsoever towards the sale purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) five days of receiving the termination notice: Provided that where the an Allottee does not intend to withdraw from the Project project or terminate the Agreement, he shall be paid, by the Vendor/ Developerpromoter, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the [Apartment/Plot], which shall be paid by the Vendor/ Developer promoter to the Allottee allottee within 45 (forty-five) five days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of defaultDefault, on the occurrence of the following events: In case the Allottee fails to make any of payments for ____ consecutive demands made by the payments within the due dates Promoter as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard the Allottee allottee shall be liable to pay interest to the Vendor/ Developer promoter on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) ; In case of default Default by Allottee under the condition listed above continues for a period beyond 1 (one) month ____ consecutive months after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter may cancel the allotment of the Apartment [Apartment/Plot] in favour of the Allottee and forfeit an refund the money paid to him by the allottee by deducting the booking 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 interest liabilities and this Agreement shall thereupon stand terminated: . Provided that the Vendor/ Developer promoter shall intimate the Allottee allottee about such termination at least 30 (thirty) thirty days prior to such termination. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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’. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Co-owners / Developer shall be considered under a condition of default (“Default”), in the following events: Vendor/ Co-owners / Developer fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate has been issued by the competent authority; Discontinuance of the Vendor's/ Co-owners 's/ Developer’s business as a Vendor/ Co-owners / Developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Co-owners / Developer under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Co-owners / Developer as demanded by the Vendor/ Co-owners / Developer. If the Allottee stops making payments, the Vendor/ Co-owners / Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Co-owners / Developer shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ Co-owners / Developer, 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 paid by the Vendor/ Co-owners / Developer to the Allottee within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunder, despite having been issued notice in that regard the Allottee shall be liable to pay interest to the Vendor/ Co-owners / Developer on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Co-owners / Developer in this regard, the Vendor/ Co-owners / Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to second proviso below, be returned by the Vendor/ Co-owners / Developer to the Allottee within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Co-owners / Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Co-owners / Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Co-owners / Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by XxxxxxxxAllottee, after notice from the Vendor/ Co-owners / Developer in this regard, the Vendor/ Co-owners / Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Co-owners / Developer to the Allottee within 12 45 (twelveFourty Five) months 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’. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Co-owners / Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Co-owners / Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Subject to the Force Majeure eventclause, the Vendor/ Developer Promoter shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer Promoter fails to provide ready to move in possession of the Apartment [Apartment/Plot] to the Allottee within the time period specified in Clause para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this clause para, 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Partiesparties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ DeveloperPromoter’s business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules rules or Regulations regulations made thereunderthe re under. In case of Default by Vendor/ Developer Promoter under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer Promoter as demanded by the Vendor/ DeveloperPromoter. If the Allottee stops making payments, the Vendor/ Developer Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer Promoter shall be liable to refund, subject to the second proviso below, refund the entire money paid by the Allottee under any head whatsoever towards the sale purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) five days of receiving the termination notice: Provided that where the an Allottee does not intend to withdraw from the Project project or terminate the Agreement, he shall be paid, by the Vendor/ Developerpromoter, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the [Apartment/Plot], which shall be paid by the Vendor/ Developer promoter to the Allottee allottee within 45 (forty-five) five days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of defaultDefault, on the occurrence of the following events: In case the Allottee fails to make any of payments for consecutive demands made by the payments within the due dates Promoter as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard the Allottee allottee shall be liable to pay interest to the Vendor/ Developer promoter on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) ; In case of default Default by Allottee under the condition listed above continues for a period beyond 1 (one) month consecutive months after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter may cancel the allotment of the Apartment [Apartment/Plot] in favour of the Allottee and forfeit an refund the money paid to him by the allottee by deducting the booking 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 interest liabilities and this Agreement shall thereupon stand terminated: . Provided that the Vendor/ Developer promoter shall intimate the Allottee allottee about such termination at least 30 (thirty) thirty days prior to such termination. CONVEYANCE OF THE SAID APARTMENT: The Allottee (s) agrees not Promoter, on receipt of Total Price of the [Apartment/Plot] as per para 1.2 under the Agreement from the Allottee, shall execute a conveyance deed and convey the title of the [Apartment/Plot] together with proportionate indivisible share in the Common Areas within 3 months from the date of issuance of the occupancy certificate* and the completion certificate, as the case may be, to do or omit to do or cause to be done by any party known to him any actthe allottee. [Provided that, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in absence of local law, have the option to terminate this Agreement. In case of such a default by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment conveyance deed in favour of the Allottee and forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid allottee shall be carried out by the Allottee shall be, subject to proviso below, be returned by promoter within 3 months from the Vendor/ Developer to the Allottee within 12 (twelve) months date of such cancellation or on transfer issue of the Said Apartment to any other Apartment Acquirer, whichever is earlieroccupancy certificate]. However, may it be clarified that in case the balance amount Allottee fails to deposit the stamp duty and/or registration charges within the period mentioned in the notice, the Allottee authorizes the Promoter to withhold registration of the conveyance deed in his/her favour till payment of stamp duty and registration charges to the Promoter is made by the Allottee. MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT: The Promoter shall be payable subject responsible to provide and maintain essential services in the execution Project till the taking over of the ‘Deed of Cancellation’. In the event construction maintenance of the floor or project by the Building or association of allottees upon the Project in which issuance of the Apartment is located completion certificate of the project. The cost of such maintenance has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, included in the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale Total Price of the [Apartment, within 45 (forty-five) days of receiving the termination notice/Plot].

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer Promoter shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer Promoter fails to provide ready to move in possession of the Apartment to the Allottee Allottees within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s Promoter's business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer Promoter under the conditions listed above, Allottee Allottees is entitled to the following: Stop making further payments to Vendor/ Developer Promoter as demanded by the Vendor/ DeveloperPromoter. If the Allottee Allottees stops making payments, the Vendor/ Developer Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee Allottees be required to make the next payment without any interest; or The Allottee Allottees shall have the option of terminating the Agreement in which case the Vendor/ Developer Promoter shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee Allottees under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee Allottees does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ DeveloperPromoter, 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 paid by the Vendor/ Developer Promoter to the Allottee Allottees within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee Allottees shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee Allottees fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard the Allottee Allottees shall be liable to pay interest to the Vendor/ Developer Promoter on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee Allottees in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee Allottees under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter may cancel the allotment of the Apartment in favour of the Allottee Allottees and 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, subject to second proviso below, be returned by the Vendor/ Developer Promoter to the Allottee Allottees within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer Promoter shall intimate the Allottee Allottees about such termination at least 30 (thirty) days prior to such termination. Provided further 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 Promoter and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer Promoter or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer Promoter shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by XxxxxxxxAllottees, after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter may cancel the allotment of the Apartment in favour of the Allottee Allottees and 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, subject to proviso below, be returned by the Vendor/ Developer Promoter to the Allottee Allottees within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However, However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided further 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 Promoter and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions In the event construction of the wing or floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer Promoter shall have the option to terminate this Agreement. In such an event, event the Vendor/ Developer Promoter shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee Allottees under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.. Provided further 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 Promoter and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions DEED OF CONVEYANCE OF THE SAID APARTMENT: The Promoter, on receipt of Total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned in clause 1.2.1, 1.2.2 and 1.2.3 under the Agreement from the Allottees, shall execute a deed of conveyance and convey the ownership rights of the Apartment together with the right to use the proportionate indivisible undivided share in the Common Areas within the time period as stated in local laws, to the Allottees. Provided that, in the absence of local law, the deed of conveyance in favour of the Allottees shall be carried out by the Promoter within 3 (three) months from the date of issue of completion/occupancy certificate. However, in case the Allottees fails to deposit the stamp duty and/or registration charges within the period mentioned in the notice, the Allottees authorizes the Promoter to withhold registration of the deed of conveyance in his/her favour till payment of stamp duty and registration charges to the Promoter is made by the Allottees. The deed of conveyance shall be drafted by the Solicitors/Advocates of the Promoter and shall be in such form and contain such particulars as may be approved by the Promoter. No request for any changes whatsoever in the deed of conveyance will be entertained by the Promoter unless such changes are required to cure any gross mistake or typographical or arithmetical error. MAINTENANCE OF THE BUILDING /APARTMENT / PROJECT: The Promoter shall be responsible to provide and maintain essential services in the Project till the taking over of the maintenance of the project by the Association upon the issuance of the completion certificate

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Subject to the Force Majeure eventclause, the Vendor/ Developer Promoter shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer Promoter fails to provide ready to move in possession of the [Apartment / Plot] to the Allottee within the time period specified in Clause para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this clause 'para, ‘ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specificationsspecification, amenities and facilities, as agreed to between the Partiesparties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; . Discontinuance of the Vendor's/ DeveloperPromoter’s business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules rules or Regulations regulations made thereunder. In case of Default by Vendor/ Developer Promoter under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer Promoter as demanded by the Vendor/ DeveloperPromoter. If the Allottee stops making payments, the Vendor/ Developer Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer Promoter shall be liable to refund, subject to the second proviso below, refund the entire money paid by the Allottee under any head whatsoever towards the sale purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) sixty days of receiving the termination notice: Provided that where the an Allottee does not intend to withdraw from the Project project or terminate the Agreement, he shall be paid, by the Vendor/ Developerpromoter, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the Apartment, [Apartment / Plot] which shall be paid by the Vendor/ Developer promoter to the Allottee allottee within 45 (forty-five) sixty days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of defaultDefault, on the occurrence of the following events: In case the Allottee fails to make any of payments for consecutive demands made by the payments within the due dates Promoter as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard the Allottee allottee shall be liable to pay interest to the Vendor/ Developer promoter on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) ; In case of default Default by Allottee under the condition listed above continues for a period beyond 1 (one) month _ _ consecutive months after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter may cancel the allotment of the [Apartment / Plot] in favour of the Allottee and forfeit an refund the money paid to him by the allottee by deducting the booking 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 interest liabilities and this Agreement shall thereupon stand terminated: . Provided that the Vendor/ Developer Promoter shall intimate the Allottee allottee about such termination at least 30 (thirty) thirty days prior to such termination. CONVEYANCE OF THE SAID APARTMENT: The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any actPromoter, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case on receipt of such a default by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment Total Price of the [Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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’. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice./ Plot] as per para

Appears in 1 contract

Samples: hprera.nic.in

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a 9.1 Subject to the Force Majeure eventclause, the Vendor/ Developer shall be considered under a condition of default (“Default”), in the following eventsevents : Vendor/ Developer fails to provide ready to move in possession of the [Apartment ] to the Allottee within the time period specified in Clause para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this clause 'para ‘ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Partiesparties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ DeveloperDeveloper ’s business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules rules or Regulations regulations made thereunder. In case of Default by Vendor/ Developer under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer as demanded by the Vendor/ DeveloperDeveloper . If the Allottee stops making payments, payments the Vendor/ Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer shall be liable to refund, subject to the second proviso below, refund the entire money paid by the Allottee under any head whatsoever towards the sale purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) five days of receiving the termination notice: ; Provided that where the an Allottee does not intend to withdraw from the Project project or terminate the Agreement, he shall be paid, by buy the Vendor/ DeveloperDeveloper , interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession poseession of the Apartment[Apartment ], which shall be paid by the Vendor/ Developer to the Allottee within 45 (forty-five) forty- five days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunder, despite having been issued notice in that regard the Allottee shall be liable to pay interest to the Vendor/ Developer on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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’. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer Promoter shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer Promoter fails to provide ready to move in possession of the Apartment to the Allottee Allottees within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s Promoter's business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer Promoter under the conditions listed above, Allottee Allottees is entitled to the following: Stop making further payments to Vendor/ Developer Promoter as demanded by the Vendor/ DeveloperPromoter. If the Allottee Allottees stops making payments, the Vendor/ Developer Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee Allottees be required to make the next payment without any interest; or The Allottee Allottees shall have the option of terminating the Agreement in which case the Vendor/ Developer Promoter shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee Allottees under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee Allottees does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ DeveloperPromoter, 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 paid by the Vendor/ Developer Promoter to the Allottee Allottees within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee Allottees shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee Allottees fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard the Allottee Allottees shall be liable to pay interest to the Vendor/ Developer Promoter on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee Allottees in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee Allottees under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter may cancel the allotment of the Apartment in favour of the Allottee Allottees and 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, subject to second proviso below, be returned by the Vendor/ Developer Promoter to the Allottee Allottees within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer Promoter shall intimate the Allottee Allottees about such termination at least 30 (thirty) days prior to such termination. Provided further 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 Promoter and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer Promoter or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer Promoter shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by XxxxxxxxAllottees, after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter may cancel the allotment of the Apartment in favour of the Allottee Allottees and 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, subject to proviso below, be returned by the Vendor/ Developer Promoter to the Allottee Allottees within 12 (twelve) months of such cancellation or on transfer of the Said Apartment to any other Apartment Acquirer, whichever is earlier. However, However may it be clarified that the balance amount shall be payable subject to the execution of the Deed of Cancellation. Provided further 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 Promoter and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions In the event construction of the wing or floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer Promoter shall have the option to terminate this Agreement. In such an event, event the Vendor/ Developer Promoter shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee Allottees under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.. Provided further 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 Promoter and the Allottees shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions DEED OF CONVEYANCE OF THE SAID APARTMENT: The Promoter, on receipt of Total Consideration of Apartment, Total Tax and The Total Extras and Deposits as mentioned in clause 1.2.1, 1.2.2 and 1.2.3 under the Agreement from the Allottees, shall execute a deed of conveyance and convey the ownership rights of the Apartment together with the right to use the proportionate indivisible undivided share in the Common Areas within the time period as stated in local laws, to the Allottees. Provided that, in the absence of local law, the deed of conveyance in favour of the Allottees shall be carried out by the Promoter within 3 (three) months from the date of issue of completion/occupancy certificate. However, in case the Allottees fails to deposit the stamp duty and/or registration charges within the period mentioned in the notice, the Allottees authorizes the Promoter to withhold registration of the deed of conveyance in his/her favour till payment of stamp duty and registration charges to the Promoter is made by the Allottees. The deed of conveyance shall be drafted by the Solicitors/Advocates of the Promoter and shall be in such form and contain such particulars as may be approved by the Promoter. No request for any changes whatsoever in the deed of conveyance will be entertained by the Promoter unless such changes are required to cure any gross mistake or typographical or arithmetical error. MAINTENANCE OF THE BUILDING /APARTMENT / PROJECT:

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Subject to the Force Majeure eventclause, the Vendor/ Developer Promoter shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer (i) Promoter fails to provide ready to move in possession of the Apartment to Apartmentto the Allottee within the time period specified in Clause 7.1 or fails to complete the Real Estate Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause Clause 'ready to move in possession' shall mean that the Said Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, specifications as agreed to between the Partiesspecified in Schedule D of this Agreement, and for which Completion Certificate completion certificate, has been issued by the competent authority; (ii) Discontinuance of the Vendor's/ Developer’s Promoter's business as a Vendor/ Developer Promoter on account of suspension or revocation of his registration under the provisions of the Act or the Rules rules or Regulations regulations made thereunder. In case of Default by Vendor/ Developer Promoter under the conditions listed above, Allottee is entitled to the following: (i) Stop making further payments to Vendor/ Developer Promoter as demanded by the Vendor/ DeveloperPromoter. If the Allottee stops making payments, payments the Vendor/ Developer Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or (ii) The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer Promoter shall be liable to refund, subject to the second proviso below, refund the entire money paid by the Allottee under any head whatsoever towards the sale purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) five days of receiving the termination notice: notice subject to allottee registering the deed of cancellation in respect of the Said Apartment and Appurtenances; Provided that where the an Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ DeveloperPromoter, interest at the rate prescribed in the Rules, for every month of delay till the handing over of the possession of the Said Apartment, which shall be paid by the Vendor/ Developer Promoter to the Allottee within 45 (forty-five) five days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of defaultDefault, on the occurrence of the following events: (i) In case the Allottee theAllottee fails to make any of the payments within the due dates paymenttothe Promoter as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard regard, the Allottee shall be liable to pay interest to the Vendor/ Developer Promoter on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in ; (ii)In case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default Default by Allottee under the condition listed above continues for a period beyond 1 beyond3 (one) month three)consecutive months after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter,upon 30 (thirty) days written notice,may cancel the allotment of the Apartment in favour of the Allottee and forfeit an the entirety of the booking amount equal to paid for the Cancellation Charges and allotment. Upon registration of the applicable GST payable on such Cancellation Charges. The balance amount deed of money paid by the Allottee shall, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months of such cancellation or on transfer in respect 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee Appurtenances and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months of such cancellation or on transfer upon resale of the Said Apartment and Appurtenances i.e. upon the Promoter subsequently selling and transferring the Said Apartment and Appurtenances to any other Apartment Acquireranother allottee and receipt of the sale price thereon, whichever is earlier. Howeverthe Promoter shall after adjusting the booking amount, may it be clarified that refund to the Allottee, the balance amount 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, upon the termination of this Agreement in the aforesaid circumstances, 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 payable subject entitled to deal with and/or dispose off the execution of Said Apartment and Appurtenances in the ‘Deed of Cancellation’. In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination noticemanner it deems fit and proper.

Appears in 1 contract

Samples: Agreement for Sale

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Force Majeure event, the Vendor/ Developer shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer fails to provide ready to move in possession of the Apartment to the Allottee within the time period specified in Clause 7.1 or fails to complete the Project within the stipulated time disclosed at the time of registration of the Project with the Authority. For the purpose of this clause 'ready to move in possession' shall mean that the Apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Parties, and for which Completion Certificate completion certificate has been issued by the competent authority; Discontinuance of the Vendor's/ Developer’s 's business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules or Regulations made thereunder. In case of Default by Vendor/ Developer under the conditions listed above, Allottee is entitled to the following: Stop making further payments to Vendor/ Developer as demanded by the Vendor/ Developer. If the Allottee stops making payments, the Vendor/ Developer shall correct the situation by completing the construction milestones and only thereafter the Allottee be required to make the next payment without any interest; or The Allottee shall have the option of terminating the Agreement in which case the Vendor/ Developer shall be liable to refund, subject to the second proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) days of receiving the termination notice: Provided that where the Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Vendor/ Developer, 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 paid by the Vendor/ Developer to the Allottee within 45 (forty-five) days of it becoming due. Provided further 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. The Allottee shall be considered under a condition of default, on the occurrence of the following events: In case the Allottee fails to make any of the payments within the due dates as per the Payment Plan, mentioned hereunder, despite having been issued notice in that regard the Allottee shall be liable to pay interest to the Vendor/ Developer on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) In case of default by Allottee under the condition listed above continues for a period beyond 1 (one) month after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 and this Agreement shall thereupon stand terminated: Provided that the Vendor/ Developer shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. Provided further 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 Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions. The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case of such a default by XxxxxxxxAllottee, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment of the Apartment in favour of the Allottee and 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, subject to proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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. Provided further 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 Developer and the Allottee shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions In the event construction of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, event the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid by the Allottee under any head whatsoever towards the sale of the Apartment, within 45 (forty-five) days of receiving the termination notice.. Provided further 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 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

EVENTS OF DEFAULTS AND CONSEQUENCES. Except for occurrence of a Subject to the Force Majeure eventclause, the Vendor/ Developer Promoter shall be considered under a condition of default (“Default”), in the following events: Vendor/ Developer • Promoter fails to provide ready to move in possession of the Apartment to the Allottee Allottee/Allottee(s) within the time period specified in Clause para 7.1 or fails to complete the Project project within the stipulated time disclosed at the time of registration of the Project project with the Authority. For the purpose of this clause para, 'ready to move in possession' shall mean that the Apartment apartment shall be in a habitable condition which is complete in all respects including the provision of all specifications, amenities and facilities, as agreed to between the Partiesparties, and for which Completion Certificate occupation certificate and completion certificate, as the case may be, has been issued by the competent authority; Discontinuance of the Vendor's/ DeveloperPromoter’s business as a Vendor/ Developer developer on account of suspension or revocation of his registration under the provisions of the Act or the Rules rules or Regulations regulations made thereunder. In case of Default by Vendor/ Developer Promoter under the conditions listed above, Allottee Allottee/Allottee(s) is entitled to the following: Stop making further payments to Vendor/ Developer Promoter as demanded by the Vendor/ DeveloperPromoter. If the Allottee Allottee/Allottee(s) stops making payments, the Vendor/ Developer Promoter shall correct the situation by completing the construction milestones and only thereafter the Allottee Allottee/Allottee(s) be required to make the next payment without any interest; or The Allottee Allottee/Allottee(s) shall have the option of terminating the Agreement in which case the Vendor/ Developer Promoter shall be liable to refund, subject to the second proviso below, refund the entire money paid by the Allottee Allottee/Allottee(s) under any head whatsoever towards the sale purchase of the Apartmentapartment, along with interest at the rate prescribed in the Rules within 45 (forty-five) 95 days of receiving the termination notice: Provided that where the Allottee an Allottee/Allottee(s) does not intend to withdraw from the Project project or terminate the Agreement, he shall be paid, by the Vendor/ Developerpromoter, 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 paid by the Vendor/ Developer promoter to the Allottee Allottee/Allottee(s) within 45 (forty-five) five days of it becoming due. Provided further 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. The Allottee Allottee/Allottee(s) shall be considered under a condition of defaultDefault, on the occurrence of the following events: In case the Allottee Allottee/Allottee(s) fails to make any of payments for two consecutive demands made by the payments within the due dates Promoter as per the Payment Plan, mentioned hereunderPlan annexed hereto, despite having been issued notice in that regard the Allottee Allottee/Allottee(s) shall be liable to pay interest to the Vendor/ Developer promoter on the unpaid amount at the rate prescribed in the Rules. The parties agree and acknowledge that in addition to the interest, in case of every second instance of delayed payment, the Allottee in all fairness shall be responsible for such delayed payments, all costs associated with the administrative actions related to follow-up and recovery of such delayed payments, which are estimated to be 2% per instance of the delayed payment in the current financial year and shall be revised on 1st April of each year as per the rate of Reserve Bank of India’s consumer price index) ; • In case of default Default by Allottee Allottee/Allottee(s) under the condition listed above continues for a period beyond 1 (one) month two consecutive months after notice from the Vendor/ Developer Promoter in this regard, the Vendor/ Developer Promoter may cancel the allotment of the Apartment in favour of the Allottee Allottee/Allottee(s) and forfeit an refund the money paid to him by the Allottee/Allottee(s) by deducting the booking 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, subject to second proviso below, be returned by the Vendor/ Developer to the Allottee within 12 (twelve) months 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 interest liabilities and this Agreement shall thereupon stand terminated: . Provided that the Vendor/ Developer promoter shall intimate the Allottee Allottee/Allottee(s) about such termination at least 30 (thirty) thirty days prior to such termination. • CONVEYANCE OF THE SAID APARTMENT: The Allottee (s) agrees not to do or omit to do or cause to be done by any party known to him any actPromoter, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Building/ Project/ Vendor/ Developer or its representatives. In the event the Allottee (s) does or omits to do any act, deed or thing then the Vendor/ Developer shall, without prejudice to any other rights or remedies available in law, have the option to terminate this Agreement. In case on receipt of such a default by Xxxxxxxx, after notice from the Vendor/ Developer in this regard, the Vendor/ Developer may cancel the allotment Total Price of the Apartment as per para 1.2 under the Agreement from the Allottee/Allottee(s), shall execute a conveyance deed and convey the title of the Apartment together with proportionate indivisible share in the Common Areas within 3 months from the date of issuance of the occupancy certificate* and the completion certificate, as the case may be, to the Allottee/Allottee(s). [Provided that, in the absence of local law, the conveyance deed in favour of the Allottee and forfeit an amount equal to the Cancellation Charges and the applicable GST payable on such Cancellation Charges. The balance amount of money paid Allottee/Allottee(s) shall be carried out by the Allottee shall be, subject to proviso below, be returned by promoter within 3 months from the Vendor/ Developer to the Allottee within 12 (twelve) months date of such cancellation or on transfer issue of the Said Apartment to any other Apartment Acquirer, whichever is earlieroccupancy certificate]. However, may it be clarified that in case the balance amount shall be payable subject Allottee/Allottee(s) fails to deposit the stamp duty and/or registration charges within the period mentioned in the notice, the Allottee/Allottee(s) authorizes the Promoter to withhold registration of the conveyance deed in his/her favour until payment of stamp duty and registration charges to the execution Promoter is made by the Allottee/Allottee(s). • MAINTENANCE OF THE SAID BUILDING / APARTMENT / PROJECT: The Promoter has agreed to provide and maintain essential services in the Project until the taking over of the ‘Deed of Cancellation’. In the event construction maintenance of the floor or the Building or the Project in which the Apartment is located has been stopped for a period of more than 12 (Twelve) months due to Applicable Law, the Vendor/ Developer shall have the option to terminate this Agreement. In such an event, the Vendor/ Developer shall be liable to refund, subject to the proviso below, the entire money paid project by the Allottee under any head whatsoever towards Society of Allottee/Allottee(s) upon the sale issuance of the Apartment, within 45 (forty-five) days completion certificate of receiving the termination noticeproject.

Appears in 1 contract

Samples: A’ Agreement for Sale

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