Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation: (i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot]; (ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification; (iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective; (iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below: (i) The Allottee shall have exclusive ownership of the [Apartment/Plot]; (ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act; (iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 289 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 72 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees (Give break up and description): only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment No. Type Floor Rate of Apartment per square feet* Apartment no. Type Floor *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [ANDOR] [if/as applicable] Plot No. Type Rate of Plot per square feet* feet Plot no. Type Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) parking(s) as provided in the Agreement. garage(s)/closed The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Clause
Appears in 11 contracts
Sources: Sale Agreement, Sale Agreement, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up breakup of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 9 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price"”) (Give break up and description): (“Total Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking – 1 Garage/Closed parking - 2 Price for 1 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction Construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;:
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:the
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 9 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] apartment as specified in paragraph H; G;
1.2 The Total Price for the [Apartment/Plot] apartment based on the carpet area are is Rs. (Rupees only ("“Total Price"”) (Give break up and description): Block/Building/Tower No. _ Apartment No. Type Floor _ Rate of Apartment per square feet* Square feet *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Garage/Closed Parking – 1 Price for 1 Garage/Closed Parking – 2 Price for 2
(i) The Total total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];apartment.
(ii) The Total Price above includes Taxes taxes (consisting of tax paid or payable by the Promoter by way of Value Added Taxtax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project project payable by the Promoterpromoter) up to the date of handing over the possession of the [Apartment/Plot]apartment: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / change/ modification;
(iii) The Promoter promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) ), above and the Allottee shall make payment within 30 (thirty30(thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/acts/ rules/ notifications together with dates from which such taxes/taxes/ levies etc. have been imposed or become effective;:
(iv) The Total Price price of [Apartment/Plot] apartment includes: 1) pro Pro rata share in the Common Areas; and 2)_ garage(s)/closed parking(s) as provided in the Agreement.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot]apartment;
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. .
1.9 That It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] apartment along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. with
1.10 It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 1972.
1.11 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.12 The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] apartment as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 7 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G;
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. .
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. .
1.10 It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with [Please insert the Competent Authority name of the concerned competent authority] to be filed in accordance with the West Bengal Apartment Ownership Act[Please insert the name of the relevant State act, 1972 if any].
1.11 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.12 The Allottee has paid a sum of Rs Rs, (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 7 contracts
Sources: Agreement for Sale, Draft Agreement for Sale, Draft Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] apartment as specified in paragraph H; G;
1.2 The Total Price for the [Apartment/Plot] apartment based on the carpet area are is Rs. _ _ (Rupees only ("“Total Price"”) (Give break up and description): Block/Building/Tower No. _ Apartment No. Type Floor _ Rate of Apartment per square feet* Square feet *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Garage/Closed Parking – 1 Price for 1 Garage/Closed Parking – 2 Price for 2
(i) The Total total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];apartment.
(ii) The Total Price above includes Taxes taxes (consisting of tax paid or payable by the Promoter by way of Value Added Taxtax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project project payable by the Promoterpromoter) up to the date of handing over the possession of the [Apartment/Plot]apartment: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / change/ modification;
(iii) The Promoter promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) ), above and the Allottee shall make payment within 30 (thirty30(thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/acts/ rules/ notifications together with dates from which such taxes/taxes/ levies etc. have been imposed or become effective;:
(iv) The Total Price price of [Apartment/Plot] apartment includes: 1) pro Pro rata share in the Common Areas; and 2) )
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot]apartment;
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. .
1.9 That It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] apartment along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. with
1.10 It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 1972.
1.11 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.12 The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] apartment as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 6 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only Only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closedparking-1 Pricefor1 Garage/Closedparking-2 Pricefor2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ acts / rules / notifications together with dates from which such taxes/taxes / levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1includes:1) pro rata prorate share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall Allottee(s)shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per payments@%per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone miles tone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. i.e., areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Apartment / Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 6 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up breakup of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking – 1 Price for 1 Garage/Closed parking – 2 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Apartment includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 6 contracts
Sources: Sale Agreement, Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break Break up and description): Block/Building/Tower Nono. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break Apartment no. Type Floor (Break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] .) [if/as applicable] Plot NoGarage/Closed parking - 1 Price for 1 Rs. Type Rate of Plot per square feet* Garage/Closed parking - 2 Price for 2 Rs. Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: . Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies taxes /levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] of[Apartment includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];.
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Rupees
Appears in 6 contracts
Sources: Sale Agreement, Agreement for Sale, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Apartment includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 5 contracts
Sources: Sale Agreement, Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment No. Type Floor Rate of Apartment per square feet* Apartment no. Type Floor *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 5 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price total price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 5 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee theAllottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, ,preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) 1. The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartmentthe[Apartment/Plot];
(ii) 2. The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the tothe date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the bythe allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) 3. The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become orbecome effective;
(iv) 4. The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase otherincrease in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development chargesdevelopmentcharges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, ,which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the ofthe apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the withinthe Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, ,namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land costlandcost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking asbooking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by demandedby the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 5 contracts
Sources: Agreement for Sale, Agreement for Sale, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] plot as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] plot based on the carpet plot area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] (Rupees Plot Nono. Type Rate of Plot per square feet* Total price (in rupees) Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];the
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]plot to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of plot includes recovery of price of land, construction of [Apartment/Plotnot only the Apartment but also] includes: 1) pro rata share in the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the plot and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ 0% per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] ; includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project. ;
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking plot shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] plot at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Plot as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 5 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up breakup of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 5 contracts
Sources: Partnership Agreement, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 4 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. ………… (Rupees Rupees… only ("Total Price") (Give break up and description): ), description of which is provided herein: *Block/Building/Tower Nono._ *Apartment no. Apartment No. Type Floor _ *Type._ *Floor._ *Rate of the Apartment per square feet* :_ *Provide break up Cost of Carpet Area of Apartment:_ *Cost of Car Park:_ *Consideration for the amounts such as cost Apartment :_ (Which is inclusive of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Booking Amount) *Maintenance Deposit:_ *Taxes (GST) :_ Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 4 contracts
Sources: Sale Agreement, Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Bungalow as specified in paragraph H; Para G.
1.2 The Total Price for the [Apartment/Plot] Bungalow based on the carpet area is Rs. /- (Rupees ) only ("“Total Price"”) (Give break up and description): Block/Building/Tower No. Apartment : Bungalow No. Type Floor Rate of Apartment Bungalow per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. feet Total Price (in rupees) [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Covered Parking-1 Price for 1 Garage/Covered Parking -2 Price for 2 Total Price (in rupees) Explanation:
(i) The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot]Bungalow;
(ii) The Total Price above includes excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, Tax and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: Bungalow to the Allottee and the Project to the association of allottees or the competent authority as the case may be, after obtaining the completion certificate; Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee Allottee to the promoter Promoter shall be increased/reduced based on such change / change/modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of Bungalow includes recovery of price of land, construction of [Apartment/Plotnot only the Bungalow but also] includes: 1) pro rata share in the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the bungalow, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para II etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Bungalow and the Project;
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % at the interest rate per annum offered by State Bank of India for its savings account for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or buildingbungalow, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building Bungalow is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the bungalow, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause Para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Bungalow as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot]Bungalow;
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Bungalow includes recovery of price of land, construction of [not only the Apartment Bungalow but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the bungalow, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Bungalow and the Project. ;
iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his Bungalow, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Bungalow along with garage/closed covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment Bungalow to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water waiver or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment bungalow to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. /- (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Bungalow at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Bungalow as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee Allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 4 contracts
Sources: Sale Agreement, Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] apartment as specified in paragraph H; G;
1.2 The Total Price for the [Apartment/Plot] apartment based on the carpet area are is Rs. _ _ (Rupees only ("“Total Price"”) (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* Square feet *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Garage/Closed Parking – 1 Price for 1 Garage/Closed Parking – 2 Price for 2
(i) The Total total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];apartment.
(ii) The Total Price above includes Taxes taxes (consisting of tax paid or payable by the Promoter by way of Value Added Taxtax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project project payable by the Promoterpromoter) up to the date of handing over the possession of the [Apartment/Plot]apartment: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / change/ modification;
(iii) The Promoter promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) ), above and the Allottee shall make payment within 30 (thirty30(thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/acts/ rules/ notifications together with dates from which such taxes/taxes/ levies etc. have been imposed or become effective;:
(iv) The Total Price price of [Apartment/Plot] apartment includes: 1) pro Pro rata share in the Common Areas; and 2) )
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot]apartment;
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. .
1.9 That It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] apartment along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. with
1.10 It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 1972.
1.11 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.12 The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] apartment as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 3 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only Only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closedparking-1 Pricefor1 Garage/Closedparking-2 Pricefor2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ acts / rules / notifications together with dates from which such taxes/taxes / levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1includes:1) pro rata prorate share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall Allottee(s)shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per payments@%per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone miles tone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Apartment / Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 3 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* Floor *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [ANDOR] [if/as applicable] Plot No. Type Rate of Plot per square feet* feet Plot no. Type Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Clause
Appears in 3 contracts
Sources: Sale Agreement, Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this AgreementAgreement , the Promoter promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified one self-contained residential flat in paragraph H; the
1.2 The Total total Price for the [Apartmentself-contained residential flat in the floor along with two/Plot] four ▇▇▇▇▇▇▇ parking space in the ground floor based on the carpet area are is Rs. (( Rupees only ("( Total Price"Price ) (( Give break up and descriptiondescription ): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *• Provide break up breakup of the amounts such as cost of apartmentapartment , cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para II etc. [AND] [if/., if/ as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartmentself-contained residential flat in the floor along with two/Plot];four ▇▇▇▇▇▇▇ parking space in the ground floor.
(ii) The Total Price above includes Taxes (taxes ( consisting of tax paid or payable by the Promoter by way of Value Added Taxtax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be leviedlevied , in connection with the construction of the Project project payable by the Promoterpromoter) up to the date of handing over the possession of the [( Apartment/Plot]: Provided ) provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/increased/ reduced based on such change / change/ modification;
(iii) The Promoter promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty30(thirty) days from the date of such written intimation. In additionInaddition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/acts/ rules/ notifications together with dates from which such taxes/taxes/ levies etc. have Have been imposed or become effective;:
(iv) The Total Price price of [Apartment/(Apartment / Plot] includes: 1) pro rata share includes recovery of piece of land, construction of (not only the Apartment but also) the common areas, internal development charges, external development charges, taxes cost of providing electric wiring, electrical connectivity to the apartment, lift, waterline and plumbing, finishing with paint, marble, title, doors, windows, fire detection and fire fightingequipments in the Common Areas; common areas, maintenances charges as per para II etc. And includes cost for providing all other facilities, amenities and 2specifications to be provided within the (Apartment/ Plot) and the Project.
1.3 The Total Price price is escalation-free, save and except increases increase which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or and / or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter promoter shall enclose the said notification/notification/ order/rule/ rule regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per Act, the same shall not be changed from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule schedule C ("( Payment Plan").
1.5 The Promoter promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ payments@ % per annum for the period by which the respective installment instalment has been preponed. The provision Provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. promoter.
1.6 It is agreed that the Promoter shall not make any additions and alterations alternations in the sanctioned plans, layout plans and specifications and the nature of fixturesfixture, fittings fitting and amenities described therein at Schedule ‘D” and schedule “E’ (which shall be in conformity with the advertisement, prospectus etc. On the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone Provisions of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etcAct., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 3 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* Total price (in rupees) *Provide break up breakup of the amounts such as cost of apartment, cost of exclusive balcony or veranda areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para 11 etc., if/as applicable. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]plot to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall shall, be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project.
1.3 The Total Price is escalation-free, save and except increases increases, which the Allottee hereby agrees to pay, due to increase on account because of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.5 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.6 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.7 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings ;
(including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. iv) The Allottee has paid a sum the right to visit the project site to assess the extent of Rs , (Rupees only) as booking amount being part payment towards the Total Price development of the [Apartmentproject and his apartment/Plot] at plot, as the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as case may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rulesbe.
Appears in 3 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs………………. (Rupees only only) ("“Total Price"”) (Give break up and description): Block/Building/Tower No. ) : Apartment No. …………………….. Type …………………………………… Floor ………………………………….. Rate of Apartment per square feet* *Total price (in rupees) • Provide break up breakup of the amounts such as cost of apartment, cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para II etc., if /as applicable. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Garage/Covered Parking I Price for 1 Garage/Covered Parking 2 Price for 2 Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];(in rupees)
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) 1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule / regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). in
1.5 The Promoter may allow, in it its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % @% per annum for the period by which the respective installment has been preponedproponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D` and Schedule ‘E` (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Allottee as per the provisions of the Act : Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment PlanPlan as provided in Schedule ‘C`. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned belowbelow :
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / Share interest of Allottee in the Common Areas is undivided and cannot be divided or separated, separated the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Plot/ includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development chargesCharges, external development charges, taxes, cost of providing electric wiringwriting, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as and specifications to the provided within the [Apartment/Plot] and the Project. .
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] ) along with garage/closed covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the the-physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , (Rupees only) as Rs..............(Rupees only)as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan [Schedule (C'] as may be demanded by the Promoter within the time and in the manner specified thereintherein : Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 3 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment No. Type Floor Rate of Apartment per square feet* Apartment no. Type Floor *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [ANDOR] [if/as applicable] Plot No. Type Rate of Plot per square feet* feet Plot no. Type Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Clause
Appears in 3 contracts
Sources: Sale Agreement, Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; Para G;
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* Type Floor *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.and
Appears in 3 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter Owner agrees to sell to the Allottee Allottee, the Promoter hereby confirms such sale, and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; Para I;
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area Carpet Area is Rs. (Rupees only ("“Total Price") (Give ”). The break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* is given in Annexure “ ” hereto: Explanation:
(i) The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, GST and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]Apartment to the Allottee and the common areas and the facilities Project to the Association of Allottees or the Competent Authority, as the case may be, after obtaining the Completion Certificate or Partial Completion Certificate, as the case may be: Provided that that, in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee Allottee to the promoter Promoter shall be increased/reduced based on such change / change/modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the Project Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimation. time and in the manner specified in Schedule-C. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share Apartment includes recovery of price of land, construction of not only the Apartment but also the Common Areas , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the Common Areas; common areas, maintenance charges as per Para 11 etc.and includes cost for providing all other facilities, amenities and 2) specifications to be provided within the Apartment and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority Competent Authority and/or any other increase in charges which may be levied or imposed by the competent authority Competent Authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.subsequent
Appears in 3 contracts
Sources: Sale Agreement, Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price total price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 3 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; Para G;
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* Total Price (in Rupees) *Provide break up breakup of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Garage/ Covered Parking - 1 Price for 1 Garage/ Covered Parking - 2 Price for 2 Total Price (in Rupees)
(i) i. The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) . The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]plot to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the schedule date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) . The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) . The Total Price of [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land , construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per Para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/Plot] and the project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the schedule date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment PlanPlan as provided in Schedule ‘C’. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause Para 1.2 of this Agreement. .
1.8 Subject to Clause Para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) i. The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) . The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of the allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) . That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors windows, fire detection and firefighting equipment in the common areas maintenance charges as per Para 11 etc. and includes cost for providing all other facilities as provided within the [Apartment/Plot] Project;
iv. The Allottee has right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities liabilities, payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. The Allottee has paid a sum of Rs Rs, (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G hereinabove.
1.2 The Total Basic Price for the [ApartmentRow House/Plot] Bunglow Apartment (having Plot Area of Sq. Ft and Total Carpet Area of Sq. Ft. on all floors) based on the Total carpet area excluding all applicable taxes is Rs. (Rupees description): only ("Total Price") (Give break up and description): Block/Building/Tower Row House No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up Total price (in rupees) Breakup of the Total Price of Rs. /- is as follows ;-
(a) Cost Of Apartment Incuding The Cost of Plot & Cost of Constructed Area : Rs. /-
(b) Cost of Exclusive Balcony : NIL
(c) Cost of Exclusive Open Terrace Areas : NIL
(d) Proportionate Cost Of Common Area : NIL
(e) Preferential Location Charges (If Applicable) : Rs. /-
(f) Taxes : Rs. (As Applicable)/-
(g) Maintenance Charges as per Para 11 : Rs. /-
(h) (Any Other Charges If Applicable) : Rs. /- Provided that the amounts such as cost mentioned under the heads, Taxes, Maintenance Charges, Any Extra Charge for Amenities/Facilities, Service Charges and other heads of apartmentlike nature, proportionate cost shall not be taken into account, while determining the Market Value of common areasthe said Apartment for the purpose of calculation of the Stamp Duty, preferential location chargesRegistration Charges and any other incidental expenses, taxes etcfor the execution and registration of this Agreement to Sale or the Conveyance/Sale Deed to be executed in future, with respect to the said Apartment. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Garage/Covered parking – 1 Price for 1 Garage/Covered parking – 2 Price for 2 Total price (in rupees)
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]plot to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall shall, be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall be payable by the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire fighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project.
1.3 The Total Price is escalation-free, save and except increases increases, which the Allottee hereby agrees to pay, due to increase on account because of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable Provided that the entire cost/additional cost incurred in case executing the aforesaid changes, additions, alterations, modifications etc., as desired by the Allottee, shall be borne exclusively by the Allottee, apart from and in addition to the Total Sale Price of an apartment] Rs. /- as mentioned hereinabove and shall be recoverable from the Allottee, along with the next milestone of the Payment Plan, as mentioned and detailed in Schedule C. Provided further that if the Allottee desires that any material/fixture/fitting/item/accessory/amenity/facility/finishing material etc., to be used/fixed/provided in the Apartment, shall be of any different, specific or better quality or of any particular brand/company/manufacturer or of any superior standard or grade/superior quality/superior cost or of any particular specification/nature, than what has been mentioned and detailed in Schedule D annexed herewith, then the Allottee shall have to bear all the additional/extra difference in price/cost incurred in procuring, providing and fixing such material/fixture/accessory/amenity/facility/item/finishing material etc. of whatsoever, which shall be payable within 30 days of the demand raised by the Promoter in this regard or at the choice of the Promoter along with the last milestone of the Payment Plan, as mentioned and detailed in Schedule C.
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-forty- five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) (Repetition of Explanation iv of Clause 1.2, hence can be deleted) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project. ;
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood Provided that where any Project has been declared by the Allottee that Promoter to be developed in different Phases, then even though as per the provisions of Explanation attached to Section 3 of the Act the Promoter might have obtained registration of each such Phase separately, yet, all other areas such services/amentities/facilities, which are declared by the Promoter to be used in common for all the Phases and i.e. areas by all the Allottees in all the Phases and all the essential services and facilities falling outside which are to be used in connectivity for all the Phases of the Project such as internal roads, connecting roads, sewage and drainage lines, water pipe lines, electrical line etc; shall always be deemed to be available for all the Phases of the project in common, without any hindrance, obstruction or obstacle from the occupants of any of the Phase of the Project. . Provided further, that any such common amenity/facility/service in the Project, namely which is specifically declared by the Promoter to be available for all the Phases of the Project in common, shall be made available for use and enjoyment for all the Phases of the Project, only upon the completion of such Phase of the Project, with which the Promoter has specifically declared that such particular common amenity/facility/service be developed, completed and made available for use and enjoyment in common for all the Phases of the Project. The Allottee shall not form a be entitled to demand any such common amenity/facility/service, any time prior to the completion of such Phase of the Project, along with which the development, completion, use and enjoyment of such amenity/facility/service is declared to be provided by the Promoter. Provided further that in accordance of the prevailing Laws, neither any Allottee nor the Association of Allottees, shall be entitled to claim any exclusive or private right, on any part of the declaration Co-ordination roads or other connecting services, which are to be filed used in common and in coordination with the Competent Authority Projects/Colonies existing or to be developed adjoining to the Project and no obstruction, hindrance or obstacles shall be created in accordance with the West Bengal Apartment Ownership Act, 1972 such connecting services.
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the The receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Plot as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] Plot based on the carpet square feett area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower NoPlot no. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Type Total price (in rupees) Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]plot to the allottee: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall shall, be increased/reduced based on such change / modification;:
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in Plot includes recovery of price of land, and includes cost for providing all other facilities, amenities and specifications to be provided within the Common Areas; Plot and 2) the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C B ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.7 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Plot as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Plot includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter Plot and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.;
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter Developer agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; ;
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Residential Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) )
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration n, if any, granted to the said project by the Authority as per the Act, the same shall not be charged to the Allottee. In case CESC or WBSEDCL decides not to provide individual meters and instead make provision for transfer of bulk supply and provide for sub meters to the individual Allottees the Allottee may be required to pay proportionate Security Deposit.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan").
1. The 5The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has installmenthas been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications andspecifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area which is not more than three per cent of the Carpet area of the Apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule ‘C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.para
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter Vendors agrees to sell to the Allottee Purchaser/s and the Allottee Purchaser/s hereby agrees to purchase, the [Apartment/Plot] Shop/ Office / Godown / Commercial / Semi - Commercial Complex as specified in paragraph H; para F. The Total Price Consideration payable by the Purchaser to the Vendors for the [Apartmentpurchase of Shop/Plot] based on the carpet area Office space/Godown/ Commercial/ Semi – Commercial Space is Rs. Rs ----------/- ( ) Covered/Open Parking Maintenance Fund for 24 Months Generator, Electricity & Infrastructure Charges Legal Charges Total Amount Payable (Rupees only ("Total Price"excluding applicable taxes) (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) a. The Total Price above includes the booking amount paid by the allottee Purchaser to the Promoter Vendors towards the [Apartment/Plot];Shop/ Office / Godown / Commercial / Semi - Commercial Complex.
(ii) b. The Total Price above includes excludes Taxes (consisting of tax paid or payable by the Promoter Purchaser by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the PromoterVendors) up to the date of handing over the possession of the [Apartment/Plot]: Shop/ Office / Godown / Commercial / Semi – Commercial Complex . Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee Purchaser to the promoter Vendors shall be increased/reduced based on such change / modification;.
(iii) c. The Promoter Vendors shall periodically intimate to the AllotteePurchaser, the amount payable as stated in (i) above and the Allottee Purchaser shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter Vendors shall provide to the Allottee Purchaser the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;.
(iv) d. The Total Price of [Apartment/Plot] Shop/ Office / Godown / Commercial/ Semi – Commercial Complex includes: 1) pro rata share in the Common Areas; and 2) Areas;and2)Open/Covered parking as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee Purchaser hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter Vendors undertakes and agrees that while raising a demand on the Allottee Purchaser for increase in development charges, cost/charges imposed by the competent authorities, the Promoter Vendors shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the AllotteePurchaser, which shall only be applicable on subsequent payments payments. The Allottee(sPurchaser(s) shall make the payment as per the payment plan set out in Schedule C ScheduleC ("“Payment Plan"”). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter Vendors shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartmentBuilding, plot or building, as the case may be, without the previous written consent of the AllotteePurchaser. Provided that the Promoter Vendors may make such minor additions or alterations as may be required by the AllotteePurchaser, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this AgreementtheAct. Subject to Clause 9.3 the Promoter Vendors agrees and acknowledges, the Allottee Purchaser shall have the right to the Apartment/Plot] Shop/ Office / Godown / Commercial / Semi - Commercial Complex as mentioned below:
(i) mentionedbelow: e. The Allottee Purchaser shall have exclusive ownership Vendors ship of the [Apartment/Plot];Shop/ Office / Godown / Commercial / Semi – Commercial Space.
(ii) f. The Allottee Purchaser shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee Purchaser in the Common Areas is undivided and cannot be divided or separated, the Allottee Purchaser shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee Purchaser to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Vendors shall convey undivided proportionate title in the common areas to the association of allottees Purchasers as provided in the Act;theAct.
(iii) g. That the computation of the price of the [Apartment/Plot] Shop/ Office / Godown / Commercial / Semi - Commercial Complex includes recovery of price of land, construction of [not only the Apartment Shop/ Office / Godown / Commercial / Semi - Commercial Complex but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project.
h. The Purchaser agrees to communicate (in writing) to the Vendor about the electrical load requirement within 06 (six) months from the date of execution of this agreement to sale. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter Vendors agrees to pay all outgoings before transferring the physical possession of the apartment Shop/ Office / Godown / Commercial / Semi - Commercial Complex to the AllotteesPurchasers, which it has collected from the AllotteesPurchasers, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter Vendors fails to pay all or any of the outgoings collected by it from the Allottees Purchasers or any liability, mortgage loan and interest thereon before transferring the apartment Building to the AllotteesPurchasers, the Promoter Vendors agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. The Allottee Purchaser has paid a sum of Rs -------/- ( ) Only by way of account payee Cheque vide Cheque No.------, (Rupees only) Dated -------of ---- Bank and in favour of the Vendors’s Company as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter Vendors hereby acknowledges and the Allottee Purchaser hereby agrees to pay the remaining price of the [Apartment/Plot] Shop/ Office / Godown / Commercial / Semi - Commercial Complex as prescribed in the Payment Plan as may be demanded by the Promoter Vendors within the time and in the manner specified therein: . Provided that if the allottee Purchaser delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price"”) (Give break up and description): (“Total Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking – 1 Garage/Closed parking - 2 Price for 1 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction Construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;:
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:the
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;Areas
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] said Flat and Parking Space as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment and Car Parking Space based on the carpet area is Rs. Rs (Rupees only only) ("Total Price") (Give break under the following break-up and description): Block: Details of Flat/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts feet (such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc.) Block /Building/Tower No. [AND] [if/as applicable] Plot Apartment No. Type Rate Floor Details of Plot per square feet* Garage/Closed Parking 1 Price for 1 Garage/Closed Parking -2 Price for 2 Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications andspecifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be shallbe recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey shallconvey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) only as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plotthe[Apartment] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Plot as specified in paragraph H; Para G.
1.2 The Total Price for the [Apartment/Plot] Plot based on the carpet Sq.ft area is Rs. /- (Rupees only Lakhs Only) ("Total Price") (Give break up and description): Block/Building/Tower NoPlotNo. Apartment No. Type Floor Size……….. Rate of Apartment Plot per square feet* Rs. Total Price (in rupees) *Provide break up breakup of the amounts such as cost of apartmentplot, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per Para 11 etc., if/as applicable. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Maintainence Charges Price for 1 Tax if applicable Price for 2 Total price (in rupees)
(i) The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee plot to the promoter shall be increased/reduced based on such change / modification;Allottee and the project to the association of Allottees or the competent authority, as the case may be, after obtaining the completion certificate:
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in plot includes recovery of price of land, construction of the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the plot in the common areas, maintenance charges as per para 11 etc. and 2) includes cost for providing all other facilities, amenities and specifications to be provided within the plot and the Project.
1.3 The Total Price is escalation-free, save and except increases increases, which the Allottee hereby agrees to pay, due to increase on account because of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allotteepayments. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in new imposition or increase of any development charges after the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone expiry of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 scheduled date of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership completion of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.as
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; Para G;
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Block No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [AND] [if/as applicableOR] Plot Nono. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned belowbelow :-
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. .
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. .
1.10 It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with [Please insert the Competent Authority name of the concerned competent authority] to be filed in accordance with the West Bengal Apartment Ownership Act[Please insert the name of the relevant State act, 1972 if any].
1.11 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.12 The Allottee has paid a sum of Rs Rs, (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; Para F;
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Block/ Building/Tower No. Apartment No. Type Floor 07 Type: 3BHK Floor: 03 Area 2249 sq.ft Rate of Apartment per square feet* sq. ft*: 5545/- (based on carpet area) BASIC PRICE Rs.12470705/- Preferential Location Charges a) Rs.10/- per sq.ft per floor for higher floors above 2nd Floor for all apartments and for all floors. b) South Facing PLC at Rs. 150/- per sq.ft for south facing apartments. Total Price( in Rupees) 12470705/- +PLC as applicable *Provide break up breaku p of the amounts such as cost of apartment, cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes etc. [taxes, maintenance charges as per para II etc AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Closed parking - 1 5,00,000/- CLUB MEMBERSHIP 1,50,000/- Total price(in rupees) 1,31,70,705/- +PLC as applicable Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess GST a n d C e s s or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter,by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]] to the allottee and the project to the association of allottees or the competent authority,as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of the said [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, waterline and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para II et. And includes cost for providing all other facilities, amenities and specifications to be provided within the said [Apartment/Plot] and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C of the Act ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. @
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’( which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by then the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall Promjoter may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the t h e Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas etc. and areas, maintenance charges as per para 11 etc.and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment] and the Project. .
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed covered car parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. .
1.11 The Allottee has paid a sum of Rs Rs, (( Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan [Schedule ‘C’] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* [OR] *Provide break up breakup of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking – 1 Price for 1 Garage/Closed parking – 2 Price for 2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Apartment includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment No. Type Floor Rate of Apartment per square feet* Apartment no. Type Floor *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [ANDOR] [if/as applicable] Plot No. Type Rate of Plot per square feet* feet Plot no. Type Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Clause
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter CGEWHO agrees to sell to the Allottee Allottee(s) and the Allottee Allottee(s) hereby agrees to purchase, the [Apartment/Plot] as Dwelling Unit specified in paragraph H; para G;
1.2 The Total Price for the [Apartment/Plot] based on Dwelling unit is ₹83,01,400/- (Eighty-three Lakhs one thousand & four hundred only), excluding GST, which has been settled between both the carpet area parties, and the breakup of the total price is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower as under: S. No. Apartment Block No. of DU Type Of DU Floor No. of DU Dwelling Unit No. Carpet Area (SFT) Super Built-up Area (SFT) Rate of Apartment Dwelling Unit per square feet* *Provide break up (in ₹) Amount (in ₹) (A) (B) (C) (D) (E) (F) (G) (H) (I) 1 D D 3rd 304 1547 2026 Rs.3900/- 83,01,400/- 2. Add: Prevailing GST @5% 4,15,070/- 3. Total Cost of the amounts such as DU including Car Parking (including GST @ 5%) 87,16,470/-
a) The Proportionate cost of apartment, proportionate cost of common areas, preferential location charges, taxes etcCommon Area and Project Land is inclusive in the above-said settled amount.
b) One car parking under Stilt/Basement is inclusive. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee Allottee(s) to the Promoter towards the [Apartment/Plot];the
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter CGEWHO by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the PromoterCGEWHO) up to the date of handing over the possession of the [Apartment/Plot]dwelling unit: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee Allottee(s) to the promoter CGEWHO shall be increased/reduced based on such change / modification;
(iii) The Promoter CGEWHO shall periodically intimate to the AllotteeAllottee(s), the amount payable as stated in (i) above and the Allottee Allottee(s) shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter CGEWHO shall provide to the Allottee Allottee(s) the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price total price of the Dwelling Unit includes except the followings, which is payable along with 5th and final call up letter:
(a) Maintenance charges @1% of the cost of Dwelling Unit for the period of one year as provided in clause 11.
(b) Interest Free Maintenance Security Charges (IFMS) @1% of the cost of Dwelling Unit.
(c) The cost of one car parking is Rs. 4,20,000/-(including GST @5%) [Apartmentif/Plotas applicable] includes: 1However, cost of Electricity meter, IGL/PNG connection, Sinking Fund, additional generator connected load, Prepaid Meter Charges, FTTH (fibre to the home) pro rata share and any other additional facilities (if any such services provided) cost is not included and shall be paid extra by the Allottee(s) at the time of offering Possession. The charges like community facility monthly usage charges, utility services usage monthly charges are also not included in the Common Areas; cost of the unit.
(v) That the Allottee(s) agrees and 2understands that, if any dues/charges/taxes/fees etc. payable by the Allottee(s) has not been paid because the same has not been demanded by CGEWHO or its authorised representative inadvertently by oversight, mistake or by ignorance and later it comes to the notice of the CGEWHO/representative then the same will be paid by the Allottee(s), as and when noticed and demanded by CGEWHO. This will not however take away in any manner, the obligations of the Allottee(s) specified herein.
(vi) The Allottee(s) is aware that TDS shall be deducted from the above price in case the price of the property being purchased is above Rs. 50 lakh in accordance with the currently applicable rules as per the Income Tax Act, 1961 or as applicable at the time of payment. The Allottee(s) shall pay the TDS to the Government and deliver the relevant TDS certificate, challan, receipt, and other relevant documents to the CGEWHO as per the Act and rules made there under, as applicable to this transaction. Any delay in making the payment to CGEWHO and/or taxes as aforesaid shall make the Allottee(s) liable to pay the interest to CGEWHO and/or any penalty levied by the concerned authority/ies in respect thereof.
1.3 The Total Price is escalation-free, save and except increases which the Allottee Allottee(s) hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter CGEWHO undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter CGEWHO shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). The Promoter may allow.
1.5 On joining of the scheme, in its sole discretionif a beneficiary pays the total cost of dwelling unit within 90 days of the issue of the allotment letter, a rebate for early payments of installments payable by @ 5% will be on yet to be called amount given on the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate cost of rebate shall not be dwelling unit (excluding GST) subject to any revision/withdrawal, once granted to an Allottee by approval of the Promoter. CGEWHO.
1.6 It is agreed that the Promoter CGEWHO shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter CGEWHO may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter CGEWHO shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the PromoterCGEWHO. If there is any reduction in the carpet area within the defined limit then Promoter CGEWHO shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter CGEWHO shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter CGEWHO agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] dwelling unit as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot]dwelling unit;
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter CGEWHO shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/PlotDwelling Unit] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas areas, etc. and includes cost for providing all other facilities as provided within the Project. However, cost of Electricity meter, IGL/PNG connection, Sinking Fund, additional generator connected load, Prepaid Meter Charges, FTTH (fibre to the home) and any other additional facilities cost is not included and shall be paid extra by the Allottee(s) at the time of offering Possession. The charges like community facility monthly usage charges, utility services usage monthly charges are also not included in the cost of the unit.
(iv) The allottees has right to visit the project site to access the extend development of the project.
1.9 It is made clear by the Promoter CGEWHO and the Allottee agrees that the [Apartment/Plot] Dwelling Unit along with garage/closed garage/ parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the AllotteeAllottee(s) and except when being developed in phases where specified in the RERA registration. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. such circumstances each such phase will be considered as a Project for the purpose of this agreement.
1.10 It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely Kendriya Vihar - Visakhapatnam shall not form a part of the declaration to be filed with the Competent Authority Greater Visakhapatnam Municipal Corporation to be filed in accordance with the West Bengal Apartment Ownership Act, 1972 APRERA.
1.11 The Promoter CGEWHO agrees to pay all outgoings before transferring the physical possession of the apartment dwelling unit to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter CGEWHO fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment dwelling unit to the Allottees, the Promoter CGEWHO agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.12 The Allottee has paid a total sum of Rs , ₹ (Rupees only) as booking amount being part payment of ten percent towards the Total Price of the [Apartment/Plot] Dwelling Unit at the time of application application, as advance payment till the signing of this agreement, the receipt of which the Promoter CGEWHO hereby acknowledges and the acknowledges. The Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] dwelling unit as prescribed in the Payment Plan as may be demanded by the Promoter CGEWHO within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules. And Provided that the booking amount shall be @ 10% of the Total Price of the dwelling unit.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; Para F;
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Block/ Building/Tower No. Apartment No. Type Floor 08 Type: 2BHK Floor: 08 Area 957 sq.ft Rate of Apartment per square feet* sq. ft*: 5545/- (based on carpet area) BASIC PRICE Rs.5306565/- Preferential Location Charges a) Rs.10/- per sq.ft per floor for higher floors above 2nd Floor for all apartments and for all floors. b) Rs.50/- per sq.ft for corner apartments for all floors. c) South Facing PLC at Rs. 150/- per sq.ft for south facing apartments. Total Price( in Rupees) 5306565/- + 220110 PLC *Provide break up breaku p of the amounts such as cost of apartment, cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes etc. [taxes, maintenance charges as per para II etc AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Open/Closed parking - 1 6,00,000/- CLUB MEMBERSHIP 1,50,000/- Total price(in rupees) 62,76,675/- +PLC as applicable Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess GST a n d C e s s or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter,by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]] to the allottee and the project to the association of allottees or the competent authority,as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of the said [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, waterline and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para II et. And includes cost for providing all other facilities, amenities and specifications to be provided within the said [Apartment/Plot] and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C of the Act ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. @
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’( which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by then the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall Promjoter may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause 9.3 the Promoter agrees and acknowledges, the t h e Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas etc. and areas, maintenance charges as per para 11 etc.and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment] and the Project. .
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garageopen/closed covered car parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. .
1.11 The Allottee has paid a sum of Rs Rs, (( Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan [Schedule ‘C’] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % @% per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Plot No. Apartment No. Type Floor Rate of Apartment Plot per square feet* PLC Charges Maintenance Charges Total price (in rupees) *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, exclusive preferential location charges, taxes taxes, maintenance charges as per para 11 etc., if/as applicable. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]plot to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Allottee as per the provisions of the Act.Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project. ;
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If project).If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the The Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (( Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [ifTotal price (in rupees) Garage/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Covered parking Price Garage/Covered parking Price Total price (in rupees)
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, GS.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: apartment to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/act & rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in Apartment includes recovery of price of land, construction of not only the Apartment but also the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, vitrified tiles, doors, windows, maintenance charges as per para II etc. and includes cost for providing all other facilities and specifications to be provided within the Apartment and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/cost/ charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(sAIlottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ @------- % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule D and Schedule E in respect of the apartment, plot apartment or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. , If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be he divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;:
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection electrical connectivity to the apartment, lift, water line and firefighting equipment in the common areas plumbing, finishing with paint, Vitrified tiles, doors, windows, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Apartment and the Project. ;
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/closed covered parking shall be treated as a single indivisible unit for For all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and anti enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Apartment as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which garage(s)/closed parking(s) as provided in the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any Agreement. other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Agreement for Allotment of Apartment, Deed of Assignment
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; para I;
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only only) ("“Total Price"”) (Give as also mentioned in Part-I of the Fifth Schedule hereunder written, break up and description): Block/Building/Tower No. whereof is as follows:
(i) Apartment No. Type , Floor Rate of Apartment per square feet* *Provide break ; Carpet Area ; Built-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot Area ; Chargeable Area ; Rs.
(ii) Store Room No. Type Rate of Plot per square feet* Explanation, Floor ; Carpet Area ; Built-up Area ; Chargeable Area ; Rs.
(iii) exclusive right to use the attached Open Private Terrace attached to the said Apartment measuring Sq. Ft. ; Rs.
(iv) exclusive right to use the attached open space measuring Sq. Ft. as green/garden attached to the said Rs.
(v) number and type Car parking at level/stack parking; Rs.
(vi) number Two ▇▇▇▇▇▇▇ parking at level; Rs. Add : GST Rs. Rs. Less : Discount, Rs. Explanation :
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, GST and Cess or any other similar taxes which may be are presently levied, in connection with the construction of the Project payable by the PromoterPromoter by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: Apartment to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee to the promoter Promoter shall be increased/increased/ reduced based on such change / change/modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of landland (proportionate share), construction of [not only the Apartment but alsoalso ] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with POP, tiles, doors, windows, fire detection and firefighting equipment in the common areas etc. areas, and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter Apartment and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter Developer agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; ;
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Residential Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Closed parking - Price for Garage/Closed parking - Price for Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) )
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration n, if any, granted to the said project by the Authority as per the Act, the same shall not be charged to the Allottee. In case CESC or WBSEDCL decides not to provide individual meters and instead make provision for transfer of bulk supply and provide for sub meters to the individual Allottees the Allottee may be required to pay proportionate Security Deposit.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan").
1. The 5The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has installmenthas been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications andspecifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.7 The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area which is not more than three per cent of the Carpet area of the Apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule ‘C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] [Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey shallconvey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartmentthe[Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [ANDOR] [if/as applicable] Plot No. Type Rate of Plot per square feet* feet Plot no. Type Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Clause
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up breakup of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking – 1 Price for 1 Garage/Closed parking – 2 Price for 2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Apartment includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and & conditions as detailed in this Agreement, the Promoter hereby agrees to sell to the Allottee Allottee(s) and the Allottee Allottee(s) hereby agrees to purchasepurchase , the [Apartment/Apartment / Plot] as specified in paragraph H; Para 'G'
1.2 The Total Price for the [Apartment/Apartment/ Plot] based on the carpet area is Rs. (Rupees only in words Rupees…………………………… only) ("Total Price") (Give break break- up and description): description):- Block/Building/Building/ Tower No. Apartment Nono. Type Floor … Type……… ………………… Floor……………………………. Rate of Apartment per square feet* *Total Price (in Rupees) ------------------ * Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, taxes, maintenance charges, if/ as applicable (AND] [) (if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:) Garage/ covered parking-1 Price for 1 (in Rs.) Garage/ covered parking-2 Price for 2(in Rs.) Total price (in Rupees) ------------------
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment / Plot.];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to upto the date of the handing over the possession of the [Apartment/Plot]: Plot to the allottee and the Project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / change/ modification in the taxes, the subsequent amount payable by the allottee Allottee(s) to the promoter Promoter shall be increased/increased/ reduced based on such change / change/ modification. Provided further that if there is any increase in the taxes after the expiry of the schedule date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority, as per the Act, the same shall not be charged from the Allottee;
(iii) The Promoter shall periodically intimate to the AllotteeAllottee(s), the amount payable as stated in (i) above and the Allottee Allottee(s) shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee Allottee(s) the details of the taxes paid or demanded along with the actsActs/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/ Plot includes recovery of price of land, construction of, not only the Apartment but also, the common areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Apartment, lift, water line and plumbing, finishing with putty/Plot] includes: 1) pro rata share POP, marbles, tiles, doors, windows, fire detection and firefighting equipment in the Common Areas; common areas, maintenance charges. and 2) includes cost for providing all other facilities, amenities and specification to be provided within the Apartment/ Plot and the Project.
1.3 The Total Price is escalation-escalation free, save and except increases which the Allottee Allottee(s) hereby agrees to pay, due to increase on account of extra development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority authority, from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee Allottee(s) for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation notification/ order/ rules/ regulations to that effect along with the demand letter being issued to the AllotteeAllottee(s), which shall only be applicable on subsequent payments . payments: Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(sallottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.5 It is agreed that the Promoter shall not make any additions addition and alterations alteration in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule 'D' and Schedule 'E' (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or Apartment/ Plot/building, as the case may be, without the previous written consent of the Allottee. Allottee(s) as per the provisions of the Act: Provided that the Promoter may make such minor additions or alterations as may be required by the AllotteeAllottee(s), or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this AgreementAgreement , the Promoter promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified one self-contained residential flat in paragraph H; the
1.2 The Total total Price for the [Apartmentself-contained residential flat in the floor along with two/Plot] four ▇▇▇▇▇▇▇ parking space in the ground floor based on the carpet area are is Rs. (Rupees ( Rupees_ _ only ("( Total Price"Price ) (( Give break up and descriptiondescription ): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* * Provide break up breakup of the amounts such as cost of apartmentapartment , cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para II etc. [., if/ as applicable (AND] [if/) ( If / as applicable] Plot No. Type Rate of Plot per square feet* Applicable) Total Price ( In Rupees Explanation:
(i) The Total total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartmentself-contained residential flat in the floor along with two/Plot];four ▇▇▇▇▇▇▇ parking space in the ground floor.
(ii) The Total Price above includes Taxes (taxes ( consisting of tax paid or payable by the Promoter by way of Value Added Taxtax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be leviedlevied , in connection with the construction of the Project project payable by the Promoterpromoter) up to the date of handing over the possession of the [( Apartment/Plot]: Provided ) provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/increased/ reduced based on such change / change/ modification;
(iii) The Promoter promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty30(thirty) days from the date of such written intimation. In additionInaddition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/acts/ rules/ notifications together with dates from which such taxes/taxes/ levies etc. have Have been imposed or become effective;:
(iv) The Total Price price of [Apartment/(Apartment / Plot] includes: 1) pro rata share in includes recovery of piece of land, construction of (not only the Common Areas; and 2Apartment but also) The Total Price is escalation-freethe common areas, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in internal development charges, cost/charges imposed by the competent authoritiesexternal development charges, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued taxes cost of providing electric wiring, electrical connectivity to the Allotteeapartment, which shall only lift, waterline and plumbing, finishing with paint, marble, title, doors, windows, fire detection and fire fightingequipments in the common areas, maintenances charges as per para II etc. And includes cost for providing all other facilities, amenities and specifications to be applicable on subsequent payments . provided within the (Apartment/ Plot) and the Project.
1.3 The Allottee(s) shall make the payment as per the payment plan set out in Schedule schedule C ("( Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter.
1.4 It is agreed that the Promoter shall not make any additions and alterations alternations in the sanctioned plans, layout plans and specifications and the nature of fixturesfixture, fittings fitting and amenities described therein at Schedule ‘D” and schedule “E’ (which shall be in conformity with the advertisement, prospectus etc. On the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone Provisions of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etcAct., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter Vendor agrees to sell to the Allottee Purchaser/s and the Allottee Purchaser/s hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; para Q. The Total Price Consideration payable by the Purchaser to the Vendor for the [Apartment/Plot] based on the carpet area is Rs. purchase of flat Rs /- (Rupees ) only ("excluding applicable taxes). Blockno:Wing (Type: BHK,Floor ,FlatNo. ) Covered/Open Parking Maintenance Charge for 24 Months Generator, Electricity & Infrastructure Charges Legal Charges Total Price"Amount Payable (excluding applicable taxes) (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) a. The Total Price above includes the booking amount paid by the allottee Purchaser to the Promoter Vendor towards the [Apartment/Plot];.
(ii) b. The Total Price above includes excludes Taxes (consisting of tax paid or payable by the Promoter Purchaser by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the PromoterVendor) up to the date of handing over the possession of the [Apartment/Plot]: . Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee Purchaser to the promoter Vendor shall be increased/reduced based on such change / modification;.
(iii) c. The Promoter Vendor shall periodically intimate to the AllotteePurchaser, the amount payable as stated in (i) above and the Allottee Purchaser shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter Vendor shall provide to the Allottee Purchaser the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;.
(iv) d. The Total Price of [Apartment includes recovery of price of land, construction of, not only the Apartment but also, the common areas, internal development charges, external development charges, cost of providing electric wiring, electrical connectivity to the Apartment/Plot] includes: 1) pro rata share , lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the Common Areas; common areas, maintenance charges as per Para. II, covered/ open parking space, pro-rata shares in the common areas, etc. and 2) includes costs for providing all other facilities, amenities and specification to be provided within the Apartment and the Project. The Total Price is escalation-free, save and except increases which the Allottee Purchaser hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter Vendor undertakes and agrees that while raising a demand on the Allottee Purchaser for increase in development charges, cost/charges imposed by the competent authorities, the Promoter Vendor shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the AllotteePurchaser, which shall only be applicable on subsequent payments payments. The Allottee(sPurchaser(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). The Promoter Vendor may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee Purchaser by discounting such early payments @ 0.1% (point one percent) per annum for the period by which the respective installment has been preponed. The provision for allowing rebate shall and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee revision/ withdrawal by the PromoterVendor, if the Purchaser fail(s) to make payments of timely installments for 02 (two) consecutive times. It is agreed that the Promoter Vendor shall not make any additions addition and alterations alteration in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule 'D' and Schedule 'E' (which shall be in conformity with the advertisement, prospectus, etc., on the basis of which sale is effected) in respect of the apartment, plot or Apartment/building, as the case may be, without the previous prior written consent approval from the appropriate authority as per the provisions of the AllotteeAct and intimation being sent to the Purchaser in advance before execution of such addition/ alteration. Provided that the Promoter Vendor may make such minor additions or alterations as may be absolutely required by upon mutual discussion between the Allotteeparties hereto, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter Vendor shall confirm to the final carpet area areas that has have been allotted to the Allottee Purchaser after the in construction of the Building building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changescharges, if any, any in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the PromoterVendor. If there is any reduction in the carpet area within than the defined limit then Promoter Vendor shall refund the excess money paid by Allottee Purchaser within 45 (forty-five five) days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the AllotteePurchaser. If there is any increase in the carpet area allotted to Allotteearea, the Promoter Vendor shall demand that from the Allottee Purchaser as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause Para 1.2 of this Agreement. agreement Subject to Clause 9.3 the Promoter Vendor agrees and acknowledges, the Allottee Purchaser shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) e. The Allottee Purchaser shall have exclusive ownership of the [Apartment/Plot];.
(ii) f. The Allottee Purchaser shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee Purchaser in the Common Areas is undivided and cannot be divided or separated, the Allottee Purchaser shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee Purchaser to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. Further, the right of the Purchaser to use the common areas shall be subjected to timely payment of maintenance charges and other necessary charges. It is clarified that the promoter Vendor shall convey undivided proportionate title in the common areas to the association of allottees Purchasers as provided in the Act;.
(iii) g. That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. The Purchaser has the right to visit the Project site during reasonable business hours and with prior written permission from the Vendor, in order to assess the extent of development of the Project and the Apartment, as the case may be. Further, the Purchaser can make such visit only in the physical presence of an authorized representative of the Vendor. It is made clear by the Promoter Vendor and the Allottee Purchaser agrees that the [Apartment/Plot] Apartment along with garage/closed parking Open//Covered Parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the AllotteePurchaser. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees Purchasers of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter Vendor agrees to pay all outgoings before transferring the physical possession of the apartment to the AllotteesPurchasers, which it has collected from the AllotteesPurchasers, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter Vendor fails to pay all or any of the outgoings collected by it from the Allottees Purchasers or any liability, mortgage loan and interest thereon before transferring the apartment to the AllotteesPurchasers, the Promoter Vendor agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. The Allottee Purchaser has paid a sum of Rs , /- (Rupees only) Only), which is exclusive of applicable taxes, by way of account payee Cheque vide Cheque No.- , Dated of Bank and in favour of the Vendor’s as booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment at the time of application the receipt of which the Promoter Vendor hereby acknowledges and the Allottee Purchaser hereby agrees to pay the remaining price of the [Apartment/Plot] Apartment as prescribed in the Payment Plan as may be demanded by the Promoter Vendor within the time and in the manner specified therein: . Provided that if the allottee Purchaser delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Owner/Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified Apartment morefully and particularly mentioned in paragraph H; the Schedule B.
1.2 The Total Price payable for the [Apartment/Plot] based on Apartment is more fully mentioned in the carpet area is Rs. (Rupees only ("Total Price") (Give break up Schedule C and description): Block/Building/Tower No. Apartment No. Type Floor Rate does not include the cost of Apartment per square feet* *Provide break up fitouts, internal finishing of the amounts such as apartment, electrical wiring except wiring upto entrance, flooring other than plain cement floor, any sanitary fittings or counter slabs in the bathrooms, kitchen or the cost of apartment, proportionate finishing of the flat which shall be done by the Allottee at his/her/their own cost of common areas, preferential location charges, taxes etcand the Owner/Promoter shall in no manner be responsible for the same. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:EXPLANATIONS
(i) The Total Price above has been arrived at after giving the benefit of input credit and includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, Goods and Services Tax (GST, CGST, if any as per law, ) and Cess or any other similar taxes which may be levied, will be extra, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]: plot to the allottee and the project to the association of allottees or the competent authority as the case may be, after obtaining the completion certificate; Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee Allottee to the promoter shall be increased/reduced based on such change / change/modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment Apartment as per the payment plan set out specifications morefully mentioned in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] D includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. ,and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter Apartment and the Allottee agrees that Project but it will exclude Taxes and maintenance charges and deposits as mentioned in Schedule C.
v) If prior to execution of the [Apartmentconveyance, the Allottee(s) nominates his/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land their provisionally allotted apartment unto and is not a part in favor of any other project person or zone persons in his/their place and shall not form a part of and/or linked/combined stead, the Allottee may do so with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit permission of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment Promoter subject to payment of administrative charges @2% (two per cent) of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment consideration to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [ApartmentOwner/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the RulesPromoter.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/PlotApartment /Plot] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/PlotApartment /Plot ] based on the carpet area is Rs. _ (Rupees Rupees_ _ only ("“Total Price"”) (Give break up and description): Block/Building/Tower Nono. Apartment Nono. _ _ Type _ _ Floor Rate of Apartment per square feet* Total price (in rupees) [AND] [if /as applicable] Garage / Covered parking – 1 Price for 1 Garage / Covered Parking – 2 Price for 2 Total price (in rupees) _ _ Plot no. _ _ Type _ Rate of Plot per square feet* Total price (in rupees) *Provide break up of the amounts such as cost of apartmentplot, proportionate cost of common areas, preferential location chargestaxes, taxes maintenance charges as per para 11 etc., if/ as applicable. [ANDAnd] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Garage/ Covered parking-1 Price for 1 Garage/ Covered parking-2 Price for 2 Total price (in rupees) _ _
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment / Plot];
(ii) The Total Price above includes Taxes (consisting excluding the fee, duty or tax to be paid to the Government Authorities on account of tax paid or payable by the Promoter by way registering of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promotersale deed) up to upto the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by apartment/ plot to the allottee and the project to the promoter shall association of allottees or the competent authority as the case may be increased/reduced based on such change / modification;after obtaining the completion certificate:
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with alongwith the acts/acts/ rules/ notifications together with dates from which such taxes/taxes/ levies etc. have been imposed or become effective;.
(iv) The Total Price of [Apartment/Apartment Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire fighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided with the (Apartment / Plot) and the Project.
1.3 The Total Price is escalation-free, save and except increases increase which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or and/ or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/cost/ charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/notification/ order/ rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision / withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building building is complete and the occupancy certificate* certificate or such other certificate by whatever name called/ issued by the competent authority is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an in excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment / Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Apartment / Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / share/ interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Apartment / Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiringwriting, electrical connectivity to the apartment, lift, water, line and plumbing, finishing with paint, marbles, tiles, doors, window, fire detection and firefighting fire fighting equipment in the common areas maintenance charges as per para 11 etc. and the includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment / Plot] and the Project. ;
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment / plot, as the case may be.
1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Apartment/ Plot] along with garage/closed garage / covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/and / or linked / combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified clarifies that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be the liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs. __ (Rupees only_ _ only ) as booking amount being part payment towards the Total Price of the [Apartment/Apartment / Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Apartment / Plot] } as prescribed in the Payment payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; H. The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Parking Space – 1 Price for 1 Parking Space – 2 Price for 2 Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % @% per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-self- contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs Rs. , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Plot as specified in paragraph H; para G.
1.2 The Total Price price for the [Apartment/Plot] plot based on the carpet area actual size of the plot is Rs. (Rupees only only) ("Total Price") (Give break up and description): Block/Building/Tower NoPlot no. Apartment No. 01 Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Residential Rate of Plot per square feet* Cost of the plot Rs Taxes Maintenance Charges Proportionate cost of common area Explanation:
(i) The Total Price above includes the booking amount of 10% paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]plot to the allottee and the project to the association of allottes or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall shall, be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the plot includes recovery of price of land, construction of the Common Areas; , internal development charges, external development charges, taxes, maintenance charges as per para 11 etc. and 2) includes cost for providing all other facilities, amenities and specifications to be provided within the Plot and the Project.
1.3 The Total Price is escalation-free, save and except increases increases, which the Allottee hereby agrees to pay, due to increase on account because of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations Allottee as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. .
1.7 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Plot as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];plot
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Plot includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas maintenance charges as per para 11 etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings facilities,
(including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. iv) The Allottee has paid a sum the right to visit the project site to assess the extent of Rs , (Rupees only) as booking amount being part payment towards the Total Price development of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges project and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Ruleshis plot.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up breakup and description): Block/Building/Tower Nono. Apartment Nono. Type _ Type_ Floor _ Rate of Apartment per square feet* *Provide break up breakup of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Closed parking-1 Price for 1 Garage/Closed parking-2 Price for 2 Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / change/modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1Apartment includes:1) pro rata proportionate share in the Common Areas; and 2) garage(s) / closed parking (s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes under takes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan")) Part- 2. The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ _% per annum for the period by which the respective installment has been preponedproponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision / withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 9(i & ii) the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / share/ interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/garage / closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part apart of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings out goings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings out goings collected by it from the Allottees or any liability, mortgage loan and interest thereon there on before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings out goings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor there for by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the The receipt of which the Promoter hereby here by acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Plot as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Sale Agreement, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break break-up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [AND] [if/as applicableOR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Clause
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey shallconvey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee Allottee, and the Allottee hereby agrees to purchase, the [Apartment“said Unit/Plot] as Property”as specified in paragraph H; Clause K.
1.1 The Total Price for Promoter has agreed to sell the [Apartment“Said Flat/Plot] based on the carpet area is Unit” at theconsideration of Rs. /- (Rupees ) only, being the highest price as prevailing in the market and the “said Car Parking Space” at the consideration of Rs. /- (Rupees ) only i.e. the total consideration of Rs. /- ("Total Rupees ) only, the Purchaser/s herein has agreed to purchase the “Said Flat” and the “said Car Parking Space” (collectively referred to as the “said Property”) at thesaid consideration. In addition to the aforesaid consideration Price", the following charges shall be paid at actuals/or as mentioned by the Promoter as per payment schedule:
(a) Cost of Electric Meter;
(Give break up b) Stamp Duty/Registration Charges/Commissioning charges and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up other Incidental Expenses;
(c) Charges for mutation and separate assessment of the amounts such Unit mutation fee, if any, and other miscellaneous charges and incidental charges in relation to the mutation;
(d) Costs charges and expenses for providing satellite cable TV connection if any as cost per actuals; and
(e) Interest Free Sinking Fund/Maintenance Deposit @ Rs. /- per sq. ft. of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Unit Carpet area amounting to Rs .
(i) The Total consideration Price above includes the booking amount paid by the allottee Allottee to theDevelopertowards the Promoter towards “said Unit/Property”.Booking Amount shall mean and/ or be a sum of Rs. /- (Rupees only) (being % of the [Apartment/Plot];Unit Price excluding GST)
(ii) The Total consideration Price above includes Taxes excludesTaxes (consisting of The tax paid or payable by the Promoter Developer by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, GST and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up Developerup to the date of handing over the possession or the Deemed date of possession of the [Apartment“said Unit/Plot]: Property”to the Allotteeas the case may be, after obtaining the Completion Certificate or Partial Completion Certificate. Provided that that, in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee Allottee to the promoter shall Developershall be increased/reduced based on such change / change/modification. Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the Project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall Developershall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above hereinabove and the Allottee shall make payment within 30 (thirty) days from demanded by the date of such written intimationDeveloperwithin the time and in the manner specified in theSixthSchedule. In addition, the Promoter shall Developershall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Consideration Price of [Apartment“said Unit/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes Property”includes recovery of price of land, cost of construction of [not only the Apartment Unit but also] also the Common Areas, Car parking , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Commercial Unit, lift, water line and plumbing, finishing with paint/POP, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time Commercial Unit and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the RulesProject.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell toSell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Rs.(Rupees Only “Total Price") (” Give break up and description): Block/Building/: Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Total price (in rupees) Total price ( in rupees)
(i) The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]: plot to the Allottee and the project to the association of Allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / change/ modification in the taxes, the subsequent amount Amount payable by the allottee Allottee to the promoter shall be increased/reduced based on On such change / change/ modification; Provided further that if there is any increase in the taxes after the expiry of the Scheduled date of completion of theproject as per registration with the Authority, Which shall include the extension of registration, if any, granted to the said project bythe Authority, as per the Act, the same shall not be charged from the Allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated Stated in (i) above and the Allottee shall make payment within 30 (thirty) days from demanded by the date of such written intimationPromoter Within the time and in the manner specified therein. In addition, the Promoter shall provide Provide to the Allottee the details Details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have Have been imposed or become effective;.
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiringwriting, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas theCommon areas, maintenance charges as per para II etc. and And includes cost for providing all other facilities as allother facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter Apartment and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
Terms. 1.1 Subject to the terms and & conditions as detailed in this Agreement, the Promoter hereby agrees to sell to the Allottee Allottee(s) and the Allottee Allottee(s) hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; purchase and receive said Unit.
1.2 The Total Price for Sale Consideration of the [Apartment/Plot] based on the carpet area Unit is Rs. _ 534.75 Sq. ft. of said Unit (hereinafter referred to as “Total Sale Consideration of Unit”),
1.3 The Total Sale Consideration of Unit does not include and thus, the Allotee(s) shall additionally bear and pay following taxes, charges, deposits etc (hereinafter referred to as “Additional Payments”)
a) Maintenance deposit (MD) as per clause 10: Rs. /- (Rupees only only);
b) Goods and Service Tax on all the above: Rs. /- ("Rupees
1.4 The Total Price") (Give break up Sale Consideration of Unit and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up Additional Payments in respect of the amounts such Unit aggregated to Rs. /- (Rupees only), which shall hereinafter be referred to as cost of apartment, proportionate cost of common areas, preferential location “Total Payable Amount”.
1.5 All other charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate which are specifically mentioned in this Agreement and does not form part of Plot per square feet* Explanation:
(i) The the Total Price above includes the booking amount Amount Payable, shall be paid by the allottee Allottee(s) in addition to the Promoter towards the [Apartment/Plot];Total Amount Payable as per this Agreement.
(ii) 1.6 The Total Price Payable Amount above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, Goods & Service Tax and Cess or any other similar taxes which may be levied, in connection with the construction of the Said Project payable by the Promoter, by whatever name called) up to uptil the date of the handing over the of offer of possession of the [Apartment/Plot]: said Unit through Offer Letter and the date of offer of possession of Common Areas and Facilities of the Said Project to the Maintenance Association, after obtaining the completion certificate. However, the Total Amount Payable does not include stamp duty, registration charges and any other charges applicable at the time of registration of this Agreement, Conveyance Deed, sub- lease deed, etc. in respect of the Unit, which shall be exclusively borne and paid by the Allottee(s). Further, the Total Amount Payable above does not include upfront maintenance charges, which shall determined by the Promoter on actual basis and payable by Allottee(s) until Common Areas and Common Facilities of the Said Project are not taken over by the Maintenance Association after obtaining completion certificate of Said Project. Provided that in case there is any change / modification in the change/ modification/introduction of new taxes, the subsequent amount payable by the allottee Allottee(s) to the promoter Promoter shall be increased/increased/ reduced based on such change / change/ modification;/introduction. Provided further that if there is any increase in the taxes after the expiry of the schedule date of completion of the Said Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the Said Project by the Authority, as per the Act, the same shall not be charged from the Allottee(s).
(iii) 1.7 The Promoter shall periodically intimate to the AllotteeAllottee(s), the amount payable as stated in (i) above payment plan given in Schedule- G and the Allottee Allottee(s) shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee Allottee(s) the details of the taxes change/ modification/introduction in taxes, which is paid or demanded along with the actsActs/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;.
(iv) 1.8 The Total Price Payable Amount of [Apartment/Plot] includes: 1) pro rata share said Unit includes price of land, construction of, not only the said Unit but also, the common areas, internal development charges, external development charges, construction related taxes, cost of providing electric wiring of the said Unit, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the Common Areas; common areas(if required), maintenance charges as per clause 10 etc. and 2) includes cost for providing all other facilities, amenities and specification to be provided within the said Unit and the Said Project.
1.9 The Total Price Amount Payable is escalation-escalation free, save and except increases which the Allottee Allottee(s) hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges charges/taxes/levies or introduction of new charges/levies/taxes which may be levied or imposed by the competent authority authority, from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee Allottee(s) for increase in development charges, cost/charges charges/taxes imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation notification/ order/ rules/ regulations to that effect along with the demand letter being issued to the AllotteeAllottee(s), which shall only be applicable on subsequent payments payments. The Allottee(s) Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Said Project as per registration with the Authority, which shall make include the payment extension of registration, if any, granted to the Said Project by the Authority, as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allowAct, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate same shall not be subject charged from the Allottee(s).
1.10 As mentioned in para Q above, the Promoter has already received an advance/ booking amount from the Allottee(s) a sum of Rs. /- (Rupees only) out of the Total Amount Payable of Rs. /-(Rupees only) and the Allottees(s) agrees and undertakes to pay the balance amount of Rs /- (Rupees only) in accordance with the Payment Plan. . Provided that if the Allottee(s) delays in payment towards any revision/withdrawalamount which is payable, once granted he shall be liable to an Allottee by the Promoter. It is agreed that the pay interest computed as per Interest Rate of 15 %.
1.11 The Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein at Schedule – H and Schedule- I in respect of the apartment, plot or building, as the case may be, said Unit without the previous written consent of the AllotteeAllottee(s) and the Allottee(s) hereby agrees that such consent shall not be unreasonably withheld. The Promoter may send a letter to the Allottee(s) for the purpose of taking such consent through Registered A.D. on the address mentioned herein and in case the Allottee(s) does not reply to such letter within one week from the date of delivery of letter, the same shall be deemed to be consent of the Allottee(s) as required under Section 14 of the Act. However, various facilities/ services/ development works/ amenities, which may be provided as part of subsequent phases of Whole Project and which does not form part of Common Areas and Facilities of Whole Project, may be changed depending upon the nature, requirements and market demand and the Promoter shall not be liable for obtaining consent for the same from the Allottee(s), unless such modification/ alteration in the facility/ service/ development works/ amenities affect the Allottee(s) directly. Provided that that, the Promoter may make such minor additions or alterations as may be required by the AllotteeAllottee(s), or such minor changes or alterations as per the provisions of section 14 of the Act. [Applicable in case Act without the consent of an apartment] the Allottee(s) but after declaration and intimation to the Allottee(s).
1.12 The Promoter shall confirm to the final carpet area Carpet Area that has been allotted to the Allottee Allottee(s) after the construction of the Building Unit is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet areaCarpet Area. The total price Total Payable Amount payable for the carpet area Carpet Area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within Carpet Area then the defined limit then Promoter shall refund the excess money paid by Allottee Allottee(s) within forty-forty five (45) days with annual interest at the rate specified in the Rules, Interest Rate of 15% p.a. from the date when such an excess amount was paid by the Allotteeof last installment of Total Payable Amount. If there is any increase in the carpet area Carpet Area, which is not more than three percent of the Carpet Area of the said Unit, allotted to Allotteethe Allottee(s), the Promoter shall may demand that additional consideration, charges, taxes etc from the Allottee as per the Allottee(s) with next milestone of the Payment PlanPlan as provided in this Agreement. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. and 1.3 above.
1.13 Subject to Clause 9.3 clause 9.3, the Promoter agrees and acknowledgesacknowledges that after registration of Conveyance Deed of the Unit , the Allottee Allottee(s) shall have the right to the Apartment/Plot] Unit as mentioned below:
(i) The Allottee Allottee(s) shall have exclusive ownership of the [Apartment/Plot];said Unit.
(ii) The Allottee Allottee(s) shall also have undivided proportionate ownership and share in the Common Areascommon areas of the Said Project. Since the share / share/ interest of Allottee Allottee(s) in the Common Areas common areas of the Said Project is undivided indivisible and cannot be divided or separated, the Allottee Allottee(s) shall use the Common Areas common areas, along with other occupants, occupants and maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Promoter shall convey undivided proportionate title in handover the common areas Common Areas and Facilities of Said Project to the association of allottees Maintenance Association after duly obtaining the completion certificate from the competent authority as provided in the Act;.
(iii) That the computation of the price of the [Apartment/Plot] said Unit includes recovery of price of Project land, construction of [of, not only the Apartment said Unit but also] , the Common AreasAreas and Facilities of the Said Project/Whole Project, internal development charges, external development charges, taxes, cost of providing electric wiringwiring of the said Unit, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas Common Areas, maintenance charges as per clause 10 etc. and includes cost for providing all other facilities as facilities, amenities and specification to be provided within the said Unit and the Said Project as per the Brochures;
(iv) The Allottee(s) has the right to visit the Said Project site to assess the extent of development of the Said Project and his Unit.
1.14 The Promoter will assign/earmark a parking space to the allottee(s) in the project by the way of draw of lottery after completion of said project before delivery of possession for purpose of proper management and utilization of parking area of the Said Project.
1.15 The Allottee(s) agrees and understands that except as expressly provided in para ‘R’ herein-above, Allottee(s) shall have no ownership claim or right of any nature in respect of any un-allotted saleable spaces in the Said Project/Whole Project. It is made clear by Such un-allotted saleable spaces shall remain the Promoter and exclusive property of the Allottee agrees that the [Apartment/Plot] along with garage/closed parking Promoter, which it shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independentfree to deal with, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with Applicable Laws.
1.16 The Allottee(s) ▇▇▇▇▇▇ agrees and acknowledges that the West Bengal Apartment Ownership Act, 1972 Promoter shall not be under any obligation to provide any services and/or facilities except as specifically mentioned in this Agreement.
1.17 The Promoter agrees to pay all outgoings outgoings/ dues before transferring the physical possession of the apartment said Unit to the Allottees, Allottee(s) which it has they have collected from the AllotteesAllottee(s), for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project)outgoings/dues. If the Promoter fails to pay all or any of the outgoings outgoings/ dues collected by it from the Allottees or any liability, mortgage loan and interest thereon Allottee(s) before transferring the apartment said Unit to the AllotteesAllottee(s), the Promoter agrees to be liable, even after the transfer of the propertysaid Unit, to pay such outgoings outgoings/ dues and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) .
1.18 That the Whole Project shall always be known as booking amount being part payment towards “Ashadeep Rainbow” and the Total Price name of the [Apartment/Plot] at Whole Project shall not be changed except with the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price consent of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the RulesPromoter.
Appears in 2 contracts
Sources: Allotment Letter, Allotment Letter
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location preferentiallocation charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price total price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase toincrease on account of development charges payable to the competent authority and/or any other increase in charges which chargeswhich may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while thatwhile raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authoritiescompetentauthorities, the Promoter shall enclose the said notificationsaidnotification/order/rule/ rule/regulation to that effect along with the demand letter demandletter being issued to the Allottee, which shall only be applicable beapplicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by Allotteeby discounting such early payments @ % per annum for the period by which the respective installment has installmenthas been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications andspecifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or buildingorbuilding, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such makesuch minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions theprovisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee theAllottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authoritycompetentauthority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be shallbe recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then limitthen Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.excess
Appears in 1 contract
Sources: Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, purchase the [Apartment/Plot] Apartment for residential use along with Parking (if applicable) as specified in paragraph H; para I of this Agreement. The Total Price total price for the [Apartment/Plot] built-up Apartment for residential usage along with Parking (if applicable) based on the carpet area Carpet Area is Rs. ___________ / - (Rupees only _____________________________ Only) ("Total Price"). Please note, stamp duty amount & registration fee on the conveyance deed shall be extra and payable by the allottee(s) (Give break up and description): Block/Building/Tower Noas applicable at the time of conveyance deed. Apartment NoDetails of Total Price is provided in Schedule C of this Agreement. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price as mentioned above includes the booking advance amount of Rs. ______________/- (Rupees ___________________________________ Only) (“Advance Amount”) paid by the allottee Allottee to the Promoter for the Apartment and Parking (if applicable); As of the date of this Agreement, the Allottee has paid a further sum of Rs. ____________/- (Rupees ______________________________ Only) to the Promoter (in addition to Advance Amount) being part payment towards the [Total Price of the Apartment/Plot];
; the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining Total Price of the Apartment as prescribed in the Payment Plan and as demanded by the Promoter. Provided that if the Allottee delays in payment towards any amount which is payable, he / she / it shall be liable to pay interest at the rate prescribed in Rule 15 of the Rules. The Allottee agrees that 10% of the Total Sale Consideration (iidefined herein) shall be considered as booking amount for the purpose of this Agreement (“Booking Amount”). The Total Price as mentioned above includes Taxes applicable GST, fees, charges, levies, cess, development charges (consisting of tax EDC & IDC), and other incidental charges paid or / payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]Apartment for residential usage along with Parking (if applicable) to the Allottee(s) or the competent authority, as the case may be, after obtaining the necessary approvals from competent authority for the purposes of such possession: Provided that that, in case there is any change / modification in the taxes, taxes / charges / fees / levies etc. the subsequent amount payable by the allottee Allottee to the promoter Promoter shall be increased/reduced increased / decreased based on such change / modification;
(iii) : Provided further, if there is any increase in the taxes / charges / fees / levies etc. after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority, as per the Act, the same shall not be charged from the Allottee; The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) 1.2 above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee Allottee, the details of the taxes / fees / charges / levies etc., paid or demanded along with the acts/rules/ acts / rules / notifications together with dates from which such taxes/taxes / fees / charges / levies etc. have been imposed or become effective;
(iv) ; The Total Price Sale Consideration (as explained in Schedule C of [this Agreement) of Apartment for residential usage along with Parking (if applicable) includes recovery of price of land, development / construction of not only of the Apartment but also of the Common Areas, infrastructure development charges, infrastructure augmentation charges, external development charges, taxes / fees / levies etc., cost of providing electric wiring, electrical connectivity to the Apartment/Plot] includes: 1) pro rata share , lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the Common Areas; , etc. and 2includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment for residential usage along with Parking (if applicable) in the Project. It is however clarified that the Total Price of the Apartment includes the cost / charges related to the usage or membership of the Club (defined below) within the Project. The Allottee is under legal obligation as per provisions of Section 194 IA of the Income Tax Act, 1961 (effective from June 1, 2013) to deduct tax at source (TDS), as applicable from each installment / payment to be paid by the Allottee. The Allottee shall be required to submit TDS certificate and challan showing proof of deposit of the same within 7 (seven) days from the date of remittance of payment to the Promoter. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or and / or any other increase in taxes, charges / costs / duties / fees / levies which may be levied or imposed by the competent authority from time to time. .. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/taxes, cost / charges / fees / levies etc., imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ notification / order / rule / regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority, as per the Act, the same shall not be charged from the Allottee. The Allottee(s) shall make the payment of the Total Price as per the payment plan set out in Schedule C ("“Payment Plan"”). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum at rates intimated by the Promoter for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision / withdrawal, once granted to an Allottee by the PromoterPromoter unless agreed upon by the Allottee(s). It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout building plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule D and Schedule E in respect of the apartment, plot or building, as the case may be, Apartment without the previous written consent of the AllotteeAllottee as per the provisions of the Act and Rules made thereunder or as per approvals / instructions / guidelines of the competent authorities. Provided that that, the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the ActAct and Rules made thereunder or as per approvals / instructions / guidelines of the competent authorities. [Applicable in case of an apartment] The Promoter shall confirm that the final carpet area Carpet Area that has been allotted to the Allottee after the construction of the Building Apartment is complete and the occupancy certificate* occupation certificate / part occupation (as the case may be) is granted by the competent authority, by furnishing details of the changes, if any, in the carpet areaCarpet Area. The total price Total Price payable for the carpet area Carpet Area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within Carpet Area then the defined limit then Promoter shall refund the excess money paid by the Allottee within forty-five 90 (ninety) days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area Carpet Area, which is not more than 5% (five percent) of the Carpet Area of the Apartment, allotted to the Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. Subject to Clause 9.3 para 9.3, the Promoter agrees and acknowledges, acknowledges that the Allottee shall have the right to the Apartment/Plot] Apartment for residential usage along with Parking (if applicable) as mentioned below:
(i) : The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) Apartment for residential usage; The Allottee shall also have right in undivided proportionate share in the Common AreasAreas as provided under Rule 2(1)(f) of Rules, 2017 of the state of Haryana. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee The Allottee(s) shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Promoter shall convey undivided proportionate title in hand over the common areas Common Areas to the association of allottees / competent authorities after duly obtaining the occupation certificate / part occupation certificate / part completion / completion certificate from the competent authority, as the case may be as provided in the Act;
(iiiunder Rule 2(1)(f) That the computation of Rules, 2017 of the price state of Haryana; The Allottee has the right to visit the Project site to assess the extent of development of the [Project and his / her / its Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .; The Promoter agrees to pay all outgoings outstanding payments before transferring the physical possession of the apartment Apartment to the AllotteesAllottee, which it has collected from the AllotteesAllottee, for the payment of outgoings such outstanding amount (including land cost, ground rent, municipal or other local taxestaxes / charges / levies etc., charges for water or electricity, maintenance charges, including and / or mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the projectProject). If the Promoter fails to pay all or any of the outgoings outstanding(s) collected by it from the Allottees Allottee or any liability, mortgage loan and interest thereon before transferring the apartment Apartment to the AllotteesAllottee, the Promoter agrees to be liable, even after the transfer of the propertyApartment, to pay such outgoings outstanding(s) and penal charges, if any, to the competent authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee hereby agrees and acknowledges that the Allottee has understood all limitations, restrictions, requirements, terms, and obligations of the Promoter and that of the Allottee in respect thereof. The Allottee acknowledges that the Promoter is responsible for development of the Project within the boundaries of the Project and all development outside the boundaries of the Project are subject matter of various government departments / authorities and Allottee shall not delay the payment or withhold the payment or hold the Promoter responsible for delay in development of the areas outside the boundaries of the Project or provisioning of the services by the Authorities, even though charges for the same may have been paid a sum by the Allottee; The Promoter / its associates owns the Licensed Land and propose to develop the remaining part of Rs , the Licensed Land (Rupees onlyexcluding the Said Land) as booking amount being part payment towards of Krisumi City in a phased manner as and when deemed fit by the Total Price board of directors of the [Apartment/Plot] at the time of application the receipt of which Promoter / its associates. It is agreed that a corporate restructuring exercise involving the Promoter hereby acknowledges / and its associates may be undertaken to facilitate the development of the remaining area of Licensed Land in a commercially viable manner by way of sale / merger / de-merger or otherwise (as may be decided at their discretion). The Allottee shall not raise any objection or dispute at any time in this regard. The Allottee hereby agrees to pay provide his / her / its consent for the remaining price said restructuring (if required by applicable law) and to execute appropriate documents in this regard at the request of the [Apartment/Plot] as prescribed Promoter and its associates. However, the rights of the Allottee in the Payment Plan as may Apartment or the Project shall not be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable prejudiced due to pay interest at the rate specified in the Rulessuch restructuring.
Appears in 1 contract
Sources: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] to
1.2 based on the carpet area is Rs. ._ (Rupees only ("“Total Price"’’)) (Give break up and descriptiondescription ): Block/Building/Tower Nono. Apartment No. Type Floor Rate of Apartment per square feet* *feet ̽ Total Price (in rupees) ̽ Provide break up breakup of the amounts such as cost of apartment, cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para 11 etc. [AND] [., if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Garage/Covered Parking-1 Price for 1 Garage/Covered parking-2 Price for 2 Total Price (in rupees)
(i) The Total Price price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project project payable by the Promoterpromoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]plot to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining to completion certificate: Provided that in case there is any change / modification in the taxes, taxes the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and And the Allottee shall make payment demanded by the promoter within 30 (thirty) days from the date of such written intimationtime and in the manner Specified therein. In addition, the Promoter promoter shall provide to the Allottee the details of the taxes paid or demanded Demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been Been imposed or become effective;
(iv) The Total Price price of [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project.
1.3 The Total Price price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion to the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(sAllottee (s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"’’). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. not
1.6 It is agreed that the Promoter promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot Plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. .
1.7 [Applicable in case of an apartment] The Promoter promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate ̽ is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoterpromoter. If there is any reduction in the carpet area within then the defined limit then Promoter promoter shall refund the excess money paid by Allottee within fortyforth-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area area, of the apartment, allotted to Allottee, the Promoter shall promoter may demand that from the Allottee as per the next milestone of the Payment Plan. payment plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but alsoalso ] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the [Apartment/Plot] and the Project;
(iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartment/plot, as the case may be. It is made clear by the Promoter promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with _ garage/closed covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project project is an independent, self-contained Project project covering the said Land land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's project’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Projectproject. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities liability, payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter promoter fails to pay all or any of the outgoings outgoing collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has allottee his paid a sum of Rs , Rs. _ (Rupees only) as booking Booking amount being part payment towards the Total Price price of the [Apartment/Plot] at the time of application the application. The receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan payment plan [Schedule C] as may be demanded by the Promoter promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 1 contract
Sources: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, purchase the [Apartment/Plot] as Plot specified in paragraph H; Para I.
1.2 The Total Price of plot for the [Apartment/Plot] based on the carpet area Residential usage as per approved Layout-cum-Demarcation plan is Rs. (Rupees only only) ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type _ Block No. Area of the Plot (in square meter) or (in square yard) Rate of Plot (per square feet* meter) (per square yard) Total price (in rupees) (Exclusive of External Development Charges calculated @ Rs. /- Per Sq. Yd. prorate for Plotted & Group Housing Area in the above Total Price) Explanation:
(i) The Total Price as mentioned above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot]Plot for Residential / Group Housing usage;
(ii) The Total Price as mentioned above includes Taxes does not include (consisting a) Goods & Services Tax, Property Tax, Local Body Tax or other taxes which are leviable or become leviable under the provisions of tax paid the applicable laws or payable any amendments thereto pertaining or relating to the sale of Plot; (b) Cost of running, maintenance and operation of Common Areas and Facilities of the Project; (c) for any rights and interest over the commercial plots/areas/shops/kiosks, conveniences, community sites, etc. (except for a right to use Common Areas & Facilities on such terms and conditions as may be prescribed by the Promoter which shall be uniformly applicable for all the Allottee(s) at the Project); (d) for any rights over areas reserved/ restricted for any other Allottee/ right-holder at the Project; and (e) for any rights over areas to be transferred by way of Value Added Tax, Service Tax, GST, CGST, if any the Promoter to third parties as per lawApplicable Laws. Provided that, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxestaxes/ charges/ fees/ levies etc., the subsequent amount payable by the allottee Allottee to the promoter Promoter shall be increased/reduced increased/ decreased based on such change / modification;.
(iii) The Promoter Allottee shall periodically intimate to in time bound manner make the Allottee, the amount payment payable by him/her and as stated in (i) above and the Allottee shall make payment within 30 (thirty) days Schedule C without any need of any demand letter and/or reminder from the date of such written intimationPromoter. In addition, the Promoter shall provide to the Allottee Allottee(s) the details of the taxes taxes/ fees/ charges/ levies etc. paid or demanded along with the acts/acts/ rules/ notifications together with dates from which such taxes/taxes/ fees/ charges/ levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in Plot for Residential usage includes recovery of price of land, development of Essential Services but also of the Common Areas; Areas & Facilities, External Development charges and 2) Infrastructure Augmentation charges. DTCP has presently determined the interim rate of External Development Charges in respect of the Project and accordingly same is considered while determining the Total Price of the Plot. It is clarified that in case of any incremental in External Development Charges, Infrastructure Augmentation Charges, the Allottee/s shall have to pay proportionately the final External Development Charges, Infrastructure Augmentation Charges as and when finalized and determined by DTCP and demanded by the Promoter. It has been clarified that presently the Infrastructure Development Charges have been waived off, however, in case the same is payable in future by the Promoter to the concerned authority/ies, the Allottee/s shall be liable to pay the same proportionately.
1.3 The Total Price is escalation-free, save and except accept (i) the charges stated herein, (ii) increases which the Allottee Allottee/s hereby agrees agree to pay, due to increase (iii) Increase on account of development charges Infrastructure Augmentation Charges, External Development Charges payable to the competent authority and/or / DTCP / ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ (HSVP) and / or (iv) any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development chargesDevelopment Charges, cost/Infrastructure Augmentation Charges, External Development Charges, cost / charges / fees / levies etc., imposed by the competent authoritiesCompetent Authority / DTCP / HSVP, the Promoter shall enclose give details of the said notification/order/rule/ notification / order / rule / regulation to that effect along with the demand letter being issued to the Allottee. Further, if there is any new imposition or increase of any Development Charges, Infrastructure Augmentation Charges, External Development Charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall only be applicable on subsequent payments . The Allottee(s) shall make include the payment extension of registration, if any, granted to the Project by the Authority, as per the payment plan set out in Schedule C ("Payment Plan"). Act, the same shall also be charged from the Allottee.
1.4 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective respected installment has been preponedadvanced. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision / withdrawal, once granted to an Allottee by the Promoter. It is agreed that Promoter provided the Allottee complies with the terms of this Agreement.
1.5 The Promoter shall not make any additions addition and alterations alteration in the sanctioned plans, layout plans and specifications and Layout-cum- Demarcation of the nature of fixtures, fittings and amenities Project described therein herein in respect of the apartment, plot or building, as the case may be, Plot without the previous prior written consent of the AllotteeAllottee as per the provision of the Act and Rules made there under or as per approvals / instructions / guidelines of the Competent Authority. Provided that that, the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case Act and Rules made there under or as per approvals / instructions / guidelines of an apartment] the Competent Authority.
1.6 The Promoter shall confirm the final carpet area that has been allotted to of a Plot as per approved Layout-cum-Demarcation plan at the time of Offer Letter after completion of the Essential Services as detailed in Schedule D. The Promoter shall inform the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing about any details of the changes, if any, in the carpet area. The total price Total Price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within area, then the defined limit then Promoter shall refund the excess adjust access money paid by Allottee within fortyas per the next milestone of the Payment Plan as provided in Schedule C. The Promoter shall confirm the area of a Plot as per approved Layout-five days cum-Demarcation plan at Schedule B with annual interest at the rate specified @ prescribed in the Rules, from the date when such an excess access amount was paid by the Allottee. If there is any increase in the carpet area area, allotted to the Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet Plan as agreed provided in Clause 1.2 of this Agreement. Schedule C.
1.7 Subject to Clause 9.3 payment of all dues, the Promoter agrees and acknowledgesto acknowledge, that the Allottee shall have the right to the Apartment/Plot] Plot for Residential usage as mentioned below:
(i) The Allottee shall have exclusive ownership of the [ApartmentPlot for Residential/Plot]Group Housing usage;
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee a right in the Common Areas is undivided and cannot be divided or separated, the Facilities. The Allottee (s) shall use the Common Areas Area and Facilities along with other occupants, maintenance staff etc., occupants of the Project without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That The Allottee has the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that right to visit the Project is an independent, self-contained Project covering site to access the said Land and is not a part extent of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees development of the Project. It is understood by However, the Allottee shall take all precautionary measures while visiting Project and he/she shall be solely liable for any negligence on his/her part in this regard.
1.8 The Parties agree that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part 10% of the declaration Total Price shall be construed as ▇▇▇▇▇▇▇ money under this Agreement (“▇▇▇▇▇▇▇ Money / Booking Amount”) to be filed with ensure the Competent Authority in accordance with the West Bengal Apartment Ownership Actperformance, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession compliance and fulfillment of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan obligations and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any responsibilities of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. Allottee under this Agreement.
1.9 The Allottee has paid a sum of Rs , (Rupees only) Rs. _ as booking amount being part payment towards the Total Price of the [Apartment/Plot] Plot for Residential usage at the time of application Application; the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price and other charges of the [Apartment/Plot] Plot for Residential usage as prescribed in the Payment Plan as may be demanded by the Promoter within the time and mentioned in the manner specified therein: Schedule C. Provided that if the allottee Allottee delays in payment towards any amount for which is payable, he he/she shall be liable to pay interest at the rate specified in prescribed herein.
1.10 The Allottee agrees to pay maintenance charges for the Rulesmaintenance and management of the Common Areas and Facilities of the Project as determined by the Promoter, till such time the Common Area and Facilities are transferred to the association of allottee/s or to the concerned authorities, as the case may be.
Appears in 1 contract
Sources: Plot Buyer Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total only("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Agreement for Sale
Terms. 1.1 Subject to the terms and & conditions as detailed in this Agreement, the Promoter agrees Seller hereby agree to sell to the Allottee Allottee(s) and the Allottee Allottee(s) hereby agrees to purchase, purchase and receive the [Apartment/Plot] as specified in paragraph H; Unit.
1.2 The Total Price for the [Apartment/Plot] based on the carpet area basic sale consideration ofthe Unit is Rs. ~/- (Rupees only), (hereinafter referred to as "Basic Sale Consideration of Unit").
1.3 The Basic Sale Consideration of Unit does not include and thus, the Allottee(s) shall additionally bear and pay the following; (hereinafter referred to as "Additional Payments"):
(a) Interest Free Maintenance Deposit("IFMD") Rs. only (Rupees only);
1.4 The Basic Sale Consideration of Unit and Additional Payments in respect of the Unit shall collectively be referred to as "Total PricePayable Amount". In addition to the Total Payable Amount, the Allottee(s) (Give break up shall be liable to all indirect taxes, including GST, on Total Payable Amount and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up other amounts payable under this Agreement, at applicable rates from time to time, as and when demanded by the Seller.
1.5 That out of the amounts such as cost Total Payable Amount, the Allottee(s) has, till the date of apartment, proportionate cost execution of common areas, preferential location this Agreement has made a payment of Rs (Rupees ) to the Seller towards the Unit. All other charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate which are specifically mentioned in this Agreement and does not form part of Plot per square feet* Explanation:
(i) The the Total Price above includes the booking amount Payable Amount, shall be paid by the allottee Allottee(s) in addition to the Promoter towards the [Apartment/Plot];Total Payable Amount as per this Agreement.
(ii) 1.6 The Total Price Payable Amount above includes Taxes (consisting does not include any indirect taxes as may be applicable on the Total Payable Amount and such other amounts payable under this Agreement and the Allottee(s) hereby undertakes to pay all indirect taxes as may be applicable on Total Payable Amount and such other amounts payable under this Agreement, including GST etc., at applicable rates, as and when demanded by Seller. The Total Payable Amount does not includecost of tax providing electric connection for the For f/ 's ▇▇▇▇▇'▇▇▇▇▇▇▇▇▇▇ ~. Sig;',atoIY Unit, stamp duty, registration charges and any other charges applicable at the time of registration of this Agreement, Conveyance Deed, sub- lease deed, etc. in respect of the Unit, which shall be exclusively borne and paid or by the Allottee(s).Further, the Total Payable Amount above does not include maintenance charges, which shall be determined by the Seller and payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, Allottee(s) until the Common Areas and Cess or any other similar taxes which may be levied, in connection with the construction Facilities of the Project payable are not taken over by the Promoter) up Owner's Association.Further, in addition to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxesTotal Payable Amount, the subsequent amount payable Allottee(s) shall also be liable to pay proportionate charges for insurance of Project Land and Project as and when demanded by the allottee to the promoter shall be increased/reduced based on such change / modification;theSeller.
(iii) 1.7 The Promoter Seller shall periodically intimate to the AllotteeAllottee(s), the amount payable as stated in payment plan given in Schedule - G attached hereto (i"Payment Plan") above and the Allottee Allottee(s) shall make payment demanded by the Seller within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter Seller shall provide to the Allottee Allottee(s) the details of the taxes change/ modification/introduction in taxes, which is paid or demanded along with the actsActs/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;.
(iv) 1.8 The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price Payable Amount is escalation-escalation free, save and except increases which the Allottee Allottee(s) hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges charges/taxes/levies or introduction of new charges/levies/taxes which may be levied or imposed by the competent authority authority, from time to time. The Promoter undertakes Sellerundertakes and agrees that while raising a demand on the Allottee Allottee(s) for increase in development charges, cost/charges charges/taxes imposed by the competent authorities, the Promoter shall Sellershall enclose the said notification/order/rule/ regulation notification/ order/ rules/ regulations to that effect along with the demand letter being issued to the AllotteeAllottee(s),. Provided that if there is any new imposition or increase in any development charges after the expiry of the scheduled date of completion of the Project as per registration with the Authority, which shall only be applicable on subsequent payments . The Allottee(s) shall make include the payment extension of registration, if any, granted to the Project by the Authority, as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allowAct, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate same shall not be subject charged from the Allottee(s).
1.9 As mentioned above, the Sellerhas already received an advance/ booking amount from the Allottee(s) a sum ofRs. /- (Rupees only) out of the Total Payable Amount ofRs. /-(Rupees only) and the Allottees(s) agrees and undertakes to any revision/withdrawalpay the balance amount of Rs /- (Rupees only) of the Total Payable Amount strictly in accordance with the \ulh. Signata, once granted to an Allottee by the PromoterJ
1. It is agreed that the Promoter 10The Seller shall not make any additions and alterations in the sanctioned plans, layout plans Approved Plans and specifications and the nature of fixtures, fittings and amenities described therein at Schedule - H in respect of the apartment, plot or building, as the case may be, Unit without the previous written consent of the AllotteeAllottee(s) and Sellershall not make any other additions and alterations in the Approved Plans and specifications of the buildingor the Common Areas and Facilities of Project as described therein at Sehedule- E in respect of the Project without the previous written consent of 2/3,d of allottee(s) of the Projectand the Allottee(s) hereby agrees that such consent shall not be unreasonably withheld. The Seller may send a letter to the Allottee(s) for the purpose of taking such consent through Registered A.D. on the address mentioned herein and in case the Allottee(s) does not reply to such letter within one week from the date of delivery of letter, the same shall be deemed to be consent of the Allottee(s) as required under Section 14 of the Act. Provided that that, the Promoter may Sellermay make such minor additions or alterations as may be required by the AllotteeAllottee(s), or such minor changes or alterations as per the provisions of section 14 of the ActAct without the consent of the Allottee(s) but after declaration and intimation to the Allottee(s).
1. [Applicable in case of an apartment] The Promoter 11The Seller shall confirm to the final carpet area Carpet Area/Super Built Up Area that has been allotted to the Allottee Allottee(s) after the construction of the Building Project is complete and the occupancy certificate* is granted by the competent authoritycomplete, by furnishing details of the changes, if any, in the carpet areaCarpet Area/Super Built Up Area. The total price Total Payable Amount payable for the carpet area Carpet Area/Super Built Up Area shall be recalculated upon confirmation by the PromoterSeller. If there Ifthere is any reduction in the carpet area within Carpet Area/Super Built Up Area then the defined limit then Promoter Seller shall refund the excess money paid by Allottee Allottee(s) within forty-five 45 days with annual interest at the rate specified in the Rules, Interest Rate from the date when such an excess amount was paid by the Allotteeof receipt of last installment of Total Payable Amount. If there is any increase in the carpet area Carpet Area/Super Built Up Area, allotted to Allotteethe Allottee(s), the Promoter shall Seller may demand that the additional consideration, charges, taxes, etc. from the Allottee as per Allottee( s) with the next milestone of the Payment Plan. All these monetary adjustments shall be made at in the same rate per square feet as agreed Total Payable Amount in Clause 1.2 proportion to increase/decrease in area of this Agreementthe Unit.
1. Subject 12Subject to Clause 9.3 the Promoter agrees and acknowledgesclause Conveyance Deed mentioned below: 9, the Allottee Seller agree and acknowledge that after registration of of the Unit, the Allottee(s) shall have the right to the Apartment/Plot] as mentioned below:Unit as
(ia) The Allottee Allottee(s) shall have exclusive ownership of the [Apartment/Plot];Unit.
(iib) The Allottee Allottee(s) shall also have undivided proportionate ownership and share in the Common Areascommon areas. Since the share / share/ interest of Allottee Allottee(s) in the Common Areas common areas is undivided indivisible and cannot be divided or separated, the Allottee Allottee(s) shall use the Common Areas common areas, along with other occupants, occupants and maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in Sellershall handover the common areas to the association of allottees as provided in the Act;
(iii) That the computation For Mis Daisy Developers ~SignalOlj Common Areas and Common Facilities of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Projectto theOwner's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in Associationin accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the RulesApplicable Laws.
Appears in 1 contract
Sources: Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. …………………………..(Rupees only Rupees……………………………….only ) Total price ("Total Price"in rupees ) (Give break Break up and description): Block/Building/Tower No. : Rate of apartment per square feet Building Name: Apartment No. Type Floor Rate of Apartment per square feet* *Type: Floor: Total Price (in rupees): Provide break up breakup of the amounts such as cost of apartment, cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para II etc. [AND] [., if/as applicable] Plot Noapplicable Garage: Price ……………………. Type Rate of Plot per square feet* Total price (in rupees): Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, GS.T. and Cess cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: apartment to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para II etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Project. It is made clear by the Promoter [Apartment] and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [said Apartment. Sl. No. Description Rate Per Square (In INR) Amount (In INR) A. Unit Price: a) Cost of Apartment/PlotUnit b) Cost of exclusive balcony or verandah c) Proportionate cost of Common Areas with external wall thickness etc. d) Covered Parking Space/open Parking Space [Please specify square rate] as specified in paragraph H; The [Please specify total] Sub-Total Price for : Other Charges:
(a) Stand-by power supply to the [Apartment/Plot] based on the carpet area is Said Unit from diesel generators, per 1 (one) KVA. Rs. /- (b) Security deposit and all other charges of the supply agency for providing Transformer or Mother meter to the Said Block. Rs. /- (c) The Promoter shall provide Intercom facility in the Said Unit, the Allottee shall be liable to give an installation charge. Rs. /- (d) The Promoter shall provide Water Filtration Plant facility in the Said Complex, the Allottee shall be liable to give an installation charge. Rs. /- B (e) The Promoter shall provide Mini Theatre system in the Said Complex, the Allottee shall be liable to give an installation charge. Rs. /- (f) The Promoter shall provide Central Security System in the Said Complex/Said Block, the Allottee shall be liable to give an installation charge Rs. /- (g) Interest Free advance for proportionate share of the common expenses/ maintenance charges for 12 months @ Rs. 2/- (Rupees two) only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of . Rs. /- (h) Club Charges per Apartment calculated @ Rs. /- for the amounts such as cost of apartment, proportionate cost of common areas, preferential location 2BHK flat and Rs. /- for the 3BHK flat Rs. /- (i) Legal/Documentation charges, taxes etcexcluding stamp duty and registration fees, registration/ commission fees and misc. [AND] [ifexpenses, which shall be paid extra by the Allottee at the time of registration. Rs. /- Sub-Total : C Total GST (Goods and Service Tax) Total Price (A + B+C) In addition to the aforesaid Total Price, the following charges shall be paid at actuals/or as applicable] Plot Nomentioned by the Promoter as per payment schedule:
(a) Cost of individual Electricity Meter for the unit;
(b) Stamp Duty/Registration Charges/commission charges and other incidental expenses in this regard for stamping, registration and commission;
(c) Costs for providing MS Grill for the windows, collapsible gate, plus applicable taxes, if required; and;
(d) Interest Free Sinking Fund @ Rs. Type Rate 25/- per sq. ft. of Plot per square feet* Explanationcarpet area amounting to Rs. /- Notes:
(i) The Total Price above includes Interest free advance common area maintenance charges has been calculated on a proposed estimated cost and may vary as per actuals at the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];time of possession.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable abovementioned advance common area maintenance and sinking fund shall be received by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction on behalf of the Project payable ultimate Association/Facility Management Company and transferred by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment owners upon its formation subject to the Allottees, which it has collected from the Allottees, for the payment provisions of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the RulesClause 13 hereunder.
Appears in 1 contract
Sources: Partnership Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter Owner/▇▇▇▇▇▇▇▇ agrees to sell to the Allottee Allottee/Purchaser and the Allottee Allottee/Purchaser hereby agrees to purchase, purchase the [Apartment/Plot] Flat and parking as specified in paragraph H; The Total Price for the [Apartment/Plot] Flat and parking based on the carpet area is Rs. /- (Rupees ) only ("Total Price") (Give break up and description): ). Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Parking - 1 Price for 1 Parking - 2 Price for 2 Explanation:
(i) The Total Price above includes the booking amount paid by the allottee Allottee/Purchaser to the Owner/Promoter towards the [Apartment/Plot];Flat and parking.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Owner/Promoter by way of Value Added Tax, Service Tax, GST, CGSTGST or any other taxes, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Owner/Promoter) up to the date of handing over the possession of the [Apartment/Plot]Flat and parking: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee Allottee/Purchaser to the promoter Owner/Promoter shall be increased/reduced based on such change / modification;.
(iii) The Owner/Promoter shall periodically intimate to the Allottee/Purchaser, the amount payable as stated in (i) above and the Allottee Allottee/Purchaser shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Owner/Promoter shall provide to the Allottee Allottee/Purchaser the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;.
(iv) The Total Price of [Apartment/Plot] Flat and parking includes: 1) pro rata share in the Common Areas; and 2) Flat and parking as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee Allottee/Purchaser hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Owner/Promoter undertakes and agrees that while raising a demand on the Allottee Allottee/Purchaser for increase in development charges, cost/charges imposed by the competent authorities, the Owner/Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee/Purchaser, which shall only be applicable on subsequent payments payments. The Allottee(s) Allottee/Purchaser shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"”). The Owner/Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee Allottee/Purchaser by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Owner/Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee/Purchaser. Provided that the Owner/Promoter may make such minor additions or alterations as may be required by the Allottee/Purchaser, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Owner/Promoter shall confirm the final carpet area that has been allotted to the Allottee Allottee/Purchaser after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Owner/Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee Allottee/Purchaser within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee/Purchaser. If there is any increase in the carpet area allotted to Allottee/Purchaser, the Owner/Promoter shall demand that from the Allottee Allottee/Purchaser as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter Owner/▇▇▇▇▇▇▇▇ agrees and acknowledges, the Allottee Allottee/Purchaser shall have the right to the Apartment/Plot] Flat and parking as mentioned below:
(i) The Allottee Allottee/Purchaser shall have exclusive ownership of the [Apartment/Plot];Flat and parking.
(ii) The Allottee Allottee/Purchaser shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee Allottee/Purchaser in the Common Areas is undivided and cannot be divided or separated, the Allottee Allottee/Purchaser shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee Allottee/Purchaser to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Owner/Promoter shall convey undivided proportionate title in the common areas to the association of allottees Allottees/Purchasers as provided in the Act;.
(iii) That the computation of the price of the [Apartment/Plot] Flat and parking includes recovery of price of land, construction of [not only the Apartment Flat and parking but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Owner/Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed Flat and parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee/Purchaser. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees Allottee(s) of the Project. It is understood by the Allottee Allottee/Purchaser that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the withthe West Bengal Apartment Ownership Act, 1972 The Owner/Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the AllotteesAllottee(s), which it has collected from the AllotteesAllottee(s), for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Owner/Promoter fails to pay all or any of the outgoings collected by it from the Allottees Allottee(s) or any liability, mortgage loan and interest thereon before transferring the apartment to the AllotteesAllottee(s), the Owner/Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. The Allottee Allottee/Purchaser has paid a sum of Rs , /- (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: . Provided that if the allottee Allottee/Purchaser delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") ): Building Apartment no. Rs. /- Type (Give break up and description): Block/Building/Tower Along with necessary tax Floor as applicably, under the law in force). Car Parking No. Apartment NoRs. Type Floor Rate of Apartment per square feet* *Provide break up of /- (Along with necessary tax as applicably, under the law in force). Extra Charges Amount in Rupees Transformer Charges & Electricity Charges & Generator Charges NB: the amount to be incurred towards individual electric meter is to be paid directly by the Allottee to the Competent Electric supply corporation. Rs ______ Per KVA Legal and Documentation Charges Rs /- Association Formation Charges Rs. /- Advance Maintenance Charges Rs /- Total Extras Charges Rs. (Along with necessary tax as The amounts such as cost of apartmentto be paid by the Allottee towards Extra Charges are enumerated hereunder; applicably, proportionate cost of common areas, preferential location charges, taxes etcunder the law in force). [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];:
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Apartment Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / change/modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Apartment includes: :
1) pro Pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.and
Appears in 1 contract
Sources: Sale Agreement
Terms. 1.1. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Shop as specified in paragraph H; para G.
1.2. The Total Price for the [Apartment/Plot] based on the carpet area Shop is Rs. only) (“Total Price”): (Rupees only ("Total Price") (Give break up and description): BlockApartment/Building/Tower Shop No. Apartment No. Type Floor .: Type: Floor: Rate of Apartment per square feetfeet * *Provide break up Total Price (in rupees) Carpet Area Balcony or Verandah Area Build-Up Area Super-Built Up Area Total Price of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Apartment/Shop : (Super-Built Up Area * Rate per sq.ft.) [AND] [ifAND][if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Open Parking – 1 Price for 1 Open Parking – 2 Price for 2 Total Price (in rupees)
(i) i. The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot]Shop;
(ii) . The Total Price above includes excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, G.S.T. and Cess or of any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]: shop to the allottee and the project to the association of allottees of the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change changes / modification;; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged form the allottee; Provided that in the event of delay and/or default on the part of the Allottee in making payment of GST, Service Tax, VAT, TDS or any other tax, levies, cess, etc,. then without prejudice to any other rights or remedies available to the Promoter under this Agreement or under applicable law, the Promoter shall be entitled to adjust against any subsequent amounts received from the Allottee, the said unpaid tax levy, cess etc. along with interest, penalty, etc. payable thereon, from the due date till the date of adjustment.
(iii) . The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or of demanded along with the acts/rules/ notifications rules/notification together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price TotalPrice for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment No. Type Floor Rate of Apartment per square feet* Apartment no. Type. Residential Floor *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/ covered parking space- 1 Price for 1 Garage/ covered parking space- 2 Price for 2 Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Apartment Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Apartment includes: 1) pro rata share in the Common Areas; and 2) parking space as provided in the Agreement. garage(s)/ covered The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate during the plinth level construction for early payments of installments payable by the Allottee by discounting such early payments @ 2% per annum for the period by which the respective installment has installmenthas been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/closed covered parking shall spaceshall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 1972. The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Apartment as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] designated unit as specified in paragraph H; “G” together with the right to use common areas and shared facilities;
1.2 The Total Price for the [Apartment/Plot] designated unit as specified in paragraph “G” based on the carpet area is Rs. /- (Rupees only only) ("Total Price") (Give break up and description): Block/Building/Tower No). Apartment No. Type Floor Rate of Apartment per square feet* *Provide break The break-up of the amounts such total price and other amount and applicable taxes are as follows:- Unit No. Floor Type Commercial Proportionate cost of apartmentCommon Area No separate charges Preferential Location Charges No separate charges Total Price (in Rupees) without Taxes (“Unit Price”) Rs. Taxes (The Goods and Service Tax and any other applicable tax on the Total Price) As per prescribed rates, proportionate cost currently being % of common areastotal price = Rs /-. Tax Deductions at source As per prescribed rates, preferential location charges, taxes etccurrently being 1% of total price = Rs /-. [AND] [if/Other Costs (as applicable] Plot Noper Clause 11.2 Rs. Type Rate of Plot Deposits (as per square feet* Clause- 11.2 Rs. Total Price and Taxes and Other Costs and Deposits Rs. Explanation:
(i) The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot]Designated Unit;
(ii) The Total Price and Taxes and Other Costs above includes Taxes payable by the Allottee and also include taxes (consisting of tax paid or payable by the Owner/Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Owner/Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Unit to the Allottee and/or date of sale deed in favour of the Allottee. Provided that in case there is any change / change/modification in the taxesTaxes payable by the Allottee, the subsequent amount payable by the allottee Allottee to the promoter Owner/Promoter shall be increased/reduced based on such change / change/modification;
(iii) The Owner/Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Owner/Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;.
(iv) The Total Price of [Apartment/Plot] Designated Unit includes: (1) pro rata share in the Common Areas; and (2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account cost of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"parking(s). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, as provided in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges Other Costs and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title ▇▇▇▇▇▇▇ mentioned in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.clause
Appears in 1 contract
Sources: Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] said Unit as specified in paragraph H; para J;
1.2 The Total Price for the [Apartment/Plot] said Unit and Car Parking inclusive of all related taxes, extra charges and all deposit based on the carpet area is Rs 3107755/= only (“Total Price”) as also mentioned in Part-I of the Fifth Schedule hereunder written, break up whereof is as follows:
(i) All That the Office Space bearing No. 407 containing a Carpet Area of 298 Square Feet [Built- up Area whereof being 321 Square Feet and Chargeable Area being 463 Square Feet,; Rs. (Rupees only ("/=3107755 Total Price") (Give break up and description): Block/Building/Tower No: Rs. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation/=3107755 Explanation :
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot]said Unit;
(ii) The Total Price above includes Taxes all related taxes, extra charges and all deposit (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be are presently levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: said Unit Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/increased/ reduced based on such change / change/modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1said Unit includes (i) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees garage(s)/closed parking(s) as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, Agreement if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Sale Agreement
Terms. 1.1. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; para G.
1.2. The Total Price for the [Apartment/Plot] said unit based on the carpet Carpet area is Rs. (Rupees only ("……….. Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate consideration of Apartment the said unit No , Rs /- on …………… floor Rs per square feet* *sq.ft TOTAL Rs……………… /- Provide break up of the amounts amount such as cost of apartment, cost of exclusive balcony or verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, maintenance charges as per para II etc. , if/as applicable [AND] [if{ If/as applicable] Plot No. Type Rate of Plot per square feet* ) Garage/Covered parking-1 Price for 1 Garage/Covered parking-2 Price for 2 Total price (in rupees) Explanation:
(iI) The Total Price total price above includes the booking amount paid by the allottee to the Promoter promoter towards the [(Apartment/Plot];)
(iiII) The Total Price price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, G.S.T. and Cess in cess or in any other similar taxes which may be levied, in connection with the construction of the Project project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartmentapartment/Plot]: plot to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate. Provided that in case there is any change / charge/modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / change/modification;. Provided further that if there is any increase in the taxes after the expiry of the schedule date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
(iiiIII) The Promoter promoter shall periodically intimate in writing to the Allottee, allottee the amount payable as stated in in
(iI) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter promoter shall provide to the Allottee allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;.
(ivIV) The Total Price price of [(Apartment/Plot] includes: 1plot) pro rata share includes recovery of price of land, construction of (not only the apartment but also the common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors windows fire detection and fire fighting equipment in the Common Areas; common areas, maintenance charges as per para II etc, and 2includes cost for providing all other facilities, amenities and specifications to be provided within the (apartment/plot) and the project.
1.3. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments.
1.4. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan")C.
1.5. The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter.
1.6. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act.
1.7. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement.
1.8. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) I. The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) II. The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas Area along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) III. That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project.
IV. The Allotte has the right to visit the project site to assess the extent of development of the Project and his apartment/plot, as the case may be.
1.9. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project.
1.10. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person.
1.11. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Rs,
Appears in 1 contract
Sources: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; hereinabove;
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [ifGarage/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Closed parking-1 Price for 1 Garage/Closed parking-2 Price for 2
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to upto the date of handing over the possession of the [Apartment/Plot]: Apartment Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / change/ modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. , In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1Apartment includes:1) pro pro-rata share in the Common Areas; and 2) garage(s)/closed parking(s)as provided in the Agreement.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/cost / charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). .
1.5 The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable Act it being expressly agreed and understood that the Promoter shall be entitled to carry out any additions and/or alterations in case the said plan so long the same does not affect the Apartment intended to be acquired by the Allottee and the Allottee hereby consents to the same and waives its right of an apartment] giving any further consent..
1.7 The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated re-calculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Clause1.2
Appears in 1 contract
Sources: Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") ): Building Rs. /- Apartment no. Type (Give break up and description): Block/Building/Tower Plus GST as Applicable). Floor Car Parking No. Apartment NoRs. Type Floor Rate /- (Plus GST as Applicable). The amounts to be paid by the Allottee towards Extra Charges are enumerated hereunder; Legal Fees (50% at the time of Apartment agreement & 50% at thetime of registration). Rs /-for 3BHK Common Electric Meter & Transformer As per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location actual Common Generator (If applicable) As per actual Rule 25 Charges (KMC Revised plan charges, taxes etc) On Actual (As Applicable) Maintenance Deposits (For 6 Months) Rs……./sq. [AND] [if/as applicable] Plot NoFt. Type Rate of Plot per square feet* month KMC Tax Deposit Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];:
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess GST or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Apartment Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / change/modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Apartment includes: :
1) pro Pro rata share in the Common Areas; and and
2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot apartment or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the ActAct and as approved by the Competent Authority. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* /completion certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the The Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / share/interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] also the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting fire fighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees Allottee(s) agree(s) that the [Apartment/Plot] Apartment along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-self- contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely SJ MADHABALAYA shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , /- (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Apartment as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee theAllottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, ,preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) 1. The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartmentthe[Apartment/Plot];
(ii) 2. The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the tothe date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the bythe allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) 3. The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become orbecome effective;
(iv) 4. The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase otherincrease in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans layoutplans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. .Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is certificate*is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area carpetarea allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall Allotteeshall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the withinthe Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by demandedby the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] apartment as specified in paragraph HG; The Total Price for the [Apartment/Plot] apartment based on the carpet area is Rs. (Rupees /-(Rupees ) only ("Total Price") (Give break up and description): Block/Building/Block / Tower / Building No. Apartment Unit No. Type Floor Rate of Apartment per square feetSquare Feet* *Provide break up breakup of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Closed Parking - 1 Price for 1 Garage/Closed Parking - 2 Price for 2 Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];Flat.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]Flat: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Flat includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ 2 % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Flat as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];apartment:
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] apartment includes recovery of price of land, construction of [not only the Apartment apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] apartment along with (garage/closed parking if any) shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. Project It is understood by the Allottee that all other areas and i.e. i.e., areas and facilities falling outside the Project, namely “SWASTIKA” shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. The Allottee has paid a sum of Rs Rs. /-(Rupees ) only vide Cheque No. , (Rupees only) Dated Drawn at Bank as booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] apartment as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to allot and cause lease in favour of the Allottee allottee and the Allottee allottees hereby agrees to purchasetake on lease for a period of 99 years from the date of handing over of possession (“Lease Term”), extendable at the option of ADDA, the [Apartment/Plot] Apartment as specified in paragraph H; recital U.
1.2 The Total Price total consideration for lease of the [Apartment/Plot] Apartment based on the carpet area Carpet Area and Parking space (if applied for) is Rs. (Rupees ) only ("“Total Price"Consideration”) (Give The break up and description): Block/Building/of the Total Consideration is as follows:
1. Tower No. Apartment No. No Type Floor Rate Apartment Carpet Area - Exclusive Balcony Area - Exclusive Terrace Area - (if any) and Proportionate consideration for common areas [Insert rate of Apartment apartment per square feet]* *Provide break up [Insert Amount]
2. Right to use Parking Space [Insert Amount]
3. Floor Esclation Charges [insert Amount]
4. Preferential Location Charge and/or Floor Rise Charges [Insert Amount] Total Price of the amounts such as cost Apartment and Parking Space [Insert Amount]
5. Goods and Service Tax on price of apartmentApartment, proportionate cost of common areas, preferential location charges, taxes etc. Preferential Location Charge and/or Floor Rise Charges and Parking Space [ANDInsert Amount] Total Consideration (in INR) [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Insert total consideration]
(i) The Total Price Consideration above includes the booking amount Booking Amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price Consideration above includes Taxes taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, law and Cess cess or any other similar taxes which may be levied, in connection with the construction of the Project Project, payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: Apartment to the Allottee; Provided that that, in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee Allottee to the promoter Promoter shall be increased/reduced based on such change / change/modification;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make the payment demanded by the Promoter within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Consideration for the Apartment includes: 1) pro rata share in the Common Areas; and 2) right to use parking(s) space as provided in the Agreement.
1.3 The Total Price Consideration is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, costcosts/charges or levies imposed by the competent authorities, the Promoter shall enclose the said notification/order/notification/ order/ rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . payments.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. the
1.5 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications (described herein in the Seventh Schedule hereunder written) and the nature of fixtures, fittings and amenities described therein in respect of the apartmentApartment, plot or building, as the case may be, Building without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.6 The Promoter shall confirm the final carpet area Carpet Area that has been allotted to the Allottee after the construction of the Building is complete has been completed and the occupancy certificate* is certificate has been granted by the competent authority, by furnishing details of the changes, if any, in the carpet areaCarpet Area. The total price consideration payable for the carpet area Carpet Area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area Carpet Area within the defined limit then the Promoter shall refund the excess money paid by Allottee within forty-five 45 (forty five) days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area Carpet Area allotted to the Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed specified in Clause 1.2 of this Agreement. .
1.7 Subject to Clause the provisions of Clauses 9.3 below, the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The the Allottee shall have exclusive ownership of leasehold right over the [Apartment/Plot];
(ii) The the Allottee shall also have undivided proportionate share leasehold right/interest in the Common Areas. Since the share / interest of the Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupantsCo-Lessees and/or Co-Occupiers of the Project, maintenance staff staff, etc., . without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Promoter shall convey undivided proportionate title in hand over the common areas Common Areas to the association Association of allottees Allottees as provided in the Act;
(iii) That the computation of the price of Total Consideration for the [Apartment/Plot] Apartment includes recovery of price premium of land, construction of [not only the Apartment Apartment, but also] also the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas Common Areas (if any) etc. and includes cost for providing all other facilities as provided within the Project. .
(iv) the Allottee has the right to visit the Project site to assess the extent of development of the Project and his apartment with prior intimation to the Promoter and duly accompanied by a representative of the Promoter.
1.8 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] said apartment along with garage/closed car parking space shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project project covering the said Said Land and is not a part of any other project or zone and shall not form a part of and/or be linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the AllotteeAllottee and maintenance of common areas of integrated township. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. Project in the manner provided in this Agreement.
1.9 It is understood by the Allottee Allotte that all other areas and i.e. areas and facilities falling outside the Project, namely Tarang Tower 8, 9 and 10 shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 1972.
1.10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment Apartment to the AllotteesAllottee, which it has collected from the AllotteesAllottee, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the projectProject). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees Allottee or any liability, mortgage mortgage, loan and interest thereon before transferring the apartment Apartment to the AllotteesAllottee, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , INR (Indian Rupees only) as the booking amount (being 10% (ten percent of the Total Consideration of Apartment, PLC and Parking Area) (“Booking Amount”) being part payment towards the Total Price Consideration for the Apartment made before execution of the [Apartment/Plot] at the time of application this agreement, the receipt of which the Promoter hereby acknowledges and in the memo of consideration hereunder written. The Allottee hereby agrees to pay the remaining price of consideration for the [Apartment/Plot] Apartment as prescribed in the Payment Plan Plan, as may be demanded by the Promoter within the time and in the manner specified therein: . Provided that if the allottee Allottee delays in making payment towards any amount for which is payablepayable hereunder, he he/she/it shall be liable to pay interest at the rate specified prescribed in the RulesRules from the date the amount becomes due and payable till it is actually paid.
Appears in 1 contract
Sources: Lease Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter Developer cum Seller agrees to sell to the Allottee (s) and the The Allottee (s) hereby agrees to purchase, purchase the [Apartment/Plot] Shop/Office Space as specified in paragraph H; Para-G.
1.2 The Total Price for of the [Apartment/Plot] Apartment based on the carpet area is Rs. Rs.20,72,000/= (Rupees Nineteen Lakhs Eighty Four Thousand) only ("Total Price") (Give plus 5% GST or as applicable from time to time with the following break up and description): Block/Building/Tower No. Apartment No. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* up: Explanation:
(i) The Total Price total price above includes the booking amount paid by the allottee to the Promoter Developer cum Seller towards the [Apartment/Plot]Shop/Office Space as mentioned under Para-G;
(ii) The Total total Price above includes Taxes (consisting of tax all other taxes and cess paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes Developer cum Seller on input costs but excluding GST which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: is 5% at present on total advance payments; Provided that in case there is any change / modification /modification in the taxes, the subsequent amount payable by the allottee to the promoter Developer cum Seller shall be increased/reduced based on such change / modification; Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee;
(iii) The Promoter shall Developer cum Seller periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment payments demanded by the Developer cum Seller within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter Developer cum Seller shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price total price of [the Apartment/Plot] includes: 1) pro rata share Shop/Office Space includes recovery of price of land, construction of not only the Apartment, but also the common areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Apartment/Shop, Lift, water line, plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and fire-fighting equipment in the Common Areas; common areas, maintenance charges as per Para 11 etc. and 2) includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment/ Shop/Office Space and the Project.
1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/cost/ charges imposed by the competent authorities, the Developer/Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority as per the Act, the same shall not be charged from the Allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). .
1.5 The Developer/Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ payments, 10% per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Developer/Promoter. .
1.6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein de bed herein at Schedule 'D' and Schedule ’E’ (which shall be in conformity with the advertisement, prospectus etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that that, the Promoter may make such minor additions or alterations as alterations, which may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [
1.7 (Applicable in case of an apartment] /Shop/Office) The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. , If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartments Plot] ) as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];Shop),
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be he divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It it is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;:
(iii) That the computation of the price of the [Apartment/PlotApartment/ Shops] includes recovery of price of land, construction of [(not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting fire-fighting equipment in the common areas areas, maintenance charges as per Para 11 etc. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Apartment/ Shop/ Office Space and the Project. .
1.9 It is made clear by the Promoter Developer /Promoter and the Allottee agrees that the [Apartment/Plot] Shop/office Space along with garage/closed Covered parking Space No.3 at the basement shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the onlyfor useand enjoymentofthe Allotteesofthe Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.10 The Developer/Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges changes for water or electricity, maintenance chargeschanges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Developer/Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Developer/Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal chargeschanges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
1.11 The Allottee has paid a sum of Rs , Rs.2,00,000/= (Rupees onlyTwo Lakhs) only including GST 5% as booking amount being part payment towards the Total Price of the [Apartment/Plot] Shop/Office Space at the time of application the receipt of which the Developer/Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Shop/Office Space as prescribed in the Payment Plan [Schedule-C] as may be demanded determined by the Developer/Promoter within the time and in the manner specified therein: Provided that if the allottee Allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the prescribed inthe Rules.
Appears in 1 contract
Sources: Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Developer/Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is of ………………. Sq. Ft., excluding (balcony area having carpet area…………..Sq. Ft.),is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Block / Building / Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed Parking – 1 Price for 1 Garage/Closed Parking – 2 Price for 2 Plot No. Type Rate of Plot per square feet* Explanation:
(i) i. The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) . The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the 7 date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) . The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) . The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(sAllottee (s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Developer/Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable Act.[Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Apartment/ Plot] as mentioned below:
(i) i. The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) . The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) . That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting fire fighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter Developer and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project project is an independent, self-contained Project project covering the said Land land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's project’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Projectproject. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely ‘……………………; shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 1972. The Promoter Developer agrees to pay all outgoings before transferring the physical possession of the apartment to the AllotteesAllottee, which it has collected from the AllotteesAllottee, for the payment of outgoings (including land cost, ground rent, municipal panchayat or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter Developer fails to pay all or any of the outgoings collected by it from the Allottees Allottee or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Plot as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment Nopara G. Plot no. Type Floor Rate of Apartment Plot per square feet* Total price (in rupees) *Provide break up breakup of the amounts such as cost of apartmentplot, proportionate cost of common areas, preferential location chargestaxes, taxes maintenance charges as per para 11 etc., if/as applicable. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]plot to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall shall, be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in includes recovery of price of land, construction of the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the [Plot] and the Project. The Total Price is escalation-free, save and except increases increases, which the Allottee hereby agrees to pay, due to increase on account because of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). The Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/[Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Plot, water line and plumbing, finishing with paint, marbles, tiles, doors, windows, fire detection and firefighting equipment in the common areas areas, maintenance charges as per para 11 etc. and includes cost for providing all other facilities as facilities,amenities and specifications to be provided within the Project. It is made clear by the Promoter Plot and the Project;
(iv) The Allottee agrees that has the [Apartment/Plot] along with garage/closed parking shall be treated right to visit the project site to assess the extent of development of the project and his plot, as a single indivisible unit for all purposesthe case may be. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment Plot to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment Plot to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , Rs. (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the The receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified prescribed in the Rules.
Appears in 1 contract
Sources: Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees _ only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. No.- Type Floor (BHK) Floor- Block - Rate of Apartment per square sq. feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [ifGarage/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
; (iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Apartment includes: 1) pro rata share in the Common Areas; and 2) _ garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponedpre-poned. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot apartment or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] also the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/_ garage/ closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely 'IDENTITY PRIDE” shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 1972. The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees _ only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Apartment as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price"”) (Give break up and description): (“Total Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking – 1 Garage/Closed parking - 2 Price for 1 Price for 2 [OR] Plot Nono. Type Rate of Plot per square feet* feet Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction Construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;:
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:the
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;is
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Agreement for Sale
Terms. Subject to the terms and & conditions as detailed in this Agreement, the Promoter hereby agrees to sell to the Allottee Allottee(s) and the Allottee Allottee(s) hereby agrees to purchasepurchase , the [Apartment/Apartment / Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only only) ("Total Price") (Give break up and description): Block/Building/Tower No. Building/ Tower: “” Apartment No.: , Type: BHK Floor: Rs. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:- Car Parking: N.A.
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment / Plot.];
(ii) The Total Price above includes excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to upto the date of the handing over the possession of the [Apartment/Plot]: Plot to the allottee and the Project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / change/ modification in the taxes, the subsequent amount payable by the allottee Allottee(s) to the promoter Promoter shall be increased/increased/ reduced based on such change / change/ modification. Provided further that if there is any increase in the taxes after the expiry of the schedule date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said Project by the Authority, as per the Act, the same shall not be charged from the Allottee;
(iii) The Promoter shall periodically intimate to the AllotteeAllottee(s), the amount payable as stated in (i) above and the Allottee Allottee(s) shall make payment demanded by the Promoter within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter shall provide to the Allottee (s) the details of the taxes paid or demanded along with the actsActs/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share promoters shall be entitled to make changes/ modification/ amendment in the Common Areas; of the existing sanctioned Buildings (including by construction of additional floors and/or lateral expansion of the project), and 2the Allottee shall not raise or make any objection with regard thereto and the Allottee hereby consents to the same. The promoters confirms that the foundation of the Buildings have been planned to take the entire load of additional floors. It is clarified that the Promoter intend to convert / change the use of the building for commercial / mercantile / non-residential purposes and the same shall be of no concern to the Allottee (as the same doesn’t affect the Residential Portion / said Premises) and the Allottee shall not raise or make any objection with regard thereto and the Allottee hereby consents to the same. In case of any additional construction the common right of the allottees shall be in respect of the ultimate roof of the building and for the purpose the right of the promoter to in respect of the roof for construction of additional floors shall remain with the promoter.
(v) The Total Price of Apartment includes recovery of price of land, construction of, not only the Apartment but also, the common areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Apartment, lift, water line and plumbing, finishing with paint, marbles, tiles, doors, windows and firefighting equipment in the common areas, maintenance charges as per Para. II etc. and includes cost for providing all other facilities, amenities and specification to be provided within the Apartment and the Project. The Total Price is escalation-escalation free, save and except increases which the Allottee Allottee(s) hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority authority, from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee Allottee(s) for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation notification/ order/ rules/ regulations to that effect along with the demand letter being issued to the AllotteeAllottee(s), which shall only be applicable on subsequent payments payments: Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the Allottee. The Allottee(sallottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). The Promoter may allow, in its sole discretion, a rebate for early payments of installments instalments payable by the Allottee Allottee(s) by discounting such early payments @ 0.5 % per annum for the period by which the respective installment instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee Allottee(s) by the Promoter. It is agreed that the Promoter shall not make any additions addition and alterations alteration in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule 'D' and Schedule 'E' (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is affected) in respect of the apartment, plot or Apartment/building, as the case may be, without the previous written consent of the Allottee. Allottee(s) as per the provisions of the Act: Provided that the Promoter may make such minor additions or alterations as may be required by the AllotteeAllottee(s), or such minor changes or alterations as per the provisions of the Act. [(Applicable in case of an apartment] Apartment) The Promoter shall confirm to the final carpet area areas that has been allotted to the Allottee after the in construction of the Building building is complete and the occupancy certificate* is certificate the granted by the competent authority, by furnishing details of the changescharges, if any, any in the carpet area. The total price Total Price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within than the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the Apartment, allotted to the Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees Plan as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Schedule
Appears in 1 contract
Sources: Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment No. Type Floor Rate of Apartment per square feet* Apartment no. Type Floor *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 [ANDOR] [if/as applicable] Plot No. Type Rate of Plot per square feet* feet Plot no. Type Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Apartment/ Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.Clause
Appears in 1 contract
Sources: Sale Agreement
Terms. Subject to In accordance with the terms and conditions of this Agreement as detailed in this Agreementmentioned and written hereunder, the Promoter Developer in confirmation with the Owners agrees to sell to the Allottee Allottee/Purchaser and the Allottee Allottee/Purchaser hereby agrees to purchase, the [Apartmentsaid Flat/Plot] Unit as specified in paragraph Hhereinbelow; The Total Price for the [Apartmentsaid Flat/Plot] based on the Unit having carpet area is of sq. ft. more or less at a price of Rs. (Rupees only -----------------only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Flat/Unit No. Type Floor Rate of Apartment Flat/Unit per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [ifGarage/as applicable] Plot No. Type Rate of Plot per square feet* Closedparking-1 Price for 1 Garage/Closedparking-2 Price for 2 Explanation:
(i) The Total Price above includes the booking amount paid by the allottee Allottee/Purchaser to the Promoter Developer towards the said [ApartmentFlat/PlotUnit];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter Developer by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be leviedbelevied, in connection with the development and construction of the said building or buildings of the said Project payable by the PromoterDeveloper) up to the date of handing over of the possession of the [Apartmentsaid Flat/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;Unit:
(iii) The Promoter Developer shall periodically intimate the Allotee/Purchaser in writing the amount payable mentioned here and above towards total consideration for the said Flat which more fully and particularly described and mentioned in the NINTH SCHEDULE hereunder and Allottee/Purchaser upon receipt of such written intimation from the Developer shall make over the payment within 30 days thereof. The Developer has specified the details of taxes levied upon the Allottee/Purchaser in the NINTH SCHEDULE written hereunder and in the event of any further or additional taxes demanded by the concerned department on any account what so ever over and above the taxes levied shall be intimated by the Developer in writing along with copy of the demand to the Allottee, the amount payable as stated in (i) above /Purchaser and the Allottee payment for the same shall make payment be made by the Allottee/Purchaser within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details receipt of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;intimation and/or period specified therein.
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata the said Flat including car parking space shall include share in the Common Areas; common areas and 2the Land underneath the building standing thereon and the payment thereof shall be made in terms of the NINTH SCHEDULE hereunder written.
(v) The Total Price is escalation-free, save Developer may raise demand for payment of further additional charges in writing in the event of rise in statutory duties payable and/ or increase in cost of construction along with supporting documents thereto upon the Allottee/Purchaser and except increases which the Allottee hereby Allottee/Purchaser shall be liable to pay such amount demanded by the Developer within the stipulated time mentioned therein.
(vi) The Allottee/▇▇▇▇▇▇▇▇▇ agrees to paymake such payment within the stipulated time and in the event of default the Developer may at it’s own discretion charge on additional amount of penalty not exceeding …..% of the total consideration amount for the said Flat/Unit. However, due to increase on account in the event of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed early payment by the competent authority from time to timeAllottee/Purchaser the Developer may at it’s own discretion give a discount of ………. The Promoter undertakes and agrees that while raising a demand % on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued such early payment of instalment to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s/Purchaser.
(vii) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter Developer shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities more fully and particularly described therein in respect of the apartmentFourth, plot or building, as the case may be, without the previous Fifth & Sixth Schedule written consent of the Allotteehereunder. Provided that However, the Promoter Developer may make such minor additions or alterations as may be required by the Allottee/Purchaser, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
(viii) The Promoter Developer shall confirm the final carpet area that has been allotted to the Allottee Allottee/Purchaser after the construction of the Building is complete and the occupancy certificate* certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the PromoterDeveloper. If there is any reduction in the carpet area within the defined limit then Promoter Developer shall refund the excess money paid by Allottee Allottee/Purchaser within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess accessed amount was paid by the Allottee/Purchaser. If there is any increase in the carpet area allotted to Allottee/Purchaser, the Promoter Developer shall demand that the additional amount from the Allottee Allottee/Purchaser over and above the amount payable as per mentioned in the next milestone of the Payment PlanNINTH SCHEDULE hereunder written. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 by and between the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:parties herein.
(iix) The Allottee Allottee/Purchaser shall have exclusive ownership of the [ApartmentFlat/Plot]Unit more fully and particularly described and mentioned in the Third Schedule written hereunder;
(iix) The Allottee Allottee/Purchaser shall also have an undivided proportionate share in the Common Areas. Since the share / share/interest of Allottee Allottee/Purchaser in the Common Areas is undivided and cannot be divided or separated, the Allottee Allottee/Purchaser shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee Allottee/Purchaser to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Developer shall convey undivided proportionate title in the common areas to the association of allottees Allottee/Purchasers as provided in the Act;
(iiixi) That the computation of the price of the [ApartmentFlat/PlotUnit] includes recovery of price of land, construction of [not of[not only the Apartment Flat/Unit but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter .
(xii) The Developer agrees and the Allottee agrees Allottee/Purchaser accepts that the [ApartmentFlat/PlotUnit] along with garage/closed parking more fully and particularly described hereunder in PART-I and PART-II of the THIRD SCHEDULE hereunder written shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee/Purchaser. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees Allottee/Purchasers of the Project. It is understood by Project more fully and particularly mentioned and described in the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 FOURTH SCHEDULE hereunder written.
(xiii) The Promoter Developer agrees to pay all outgoings before transferring the physical possession of the apartment Flat/Unit to the AllotteesAllottee/Purchasers, which it has collected from the AllotteesAllottee/Purchasers, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter Developer fails to pay all or any of the outgoings collected by it from the Allottees Allottee/Purchasers or any liability, mortgage loan and interest thereon before transferring the apartment Flat/Unit to the AllotteesAllottee/Purchasers, the Promoter Developer agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. .
(xiv) The Allottee Allottee/Purchaser has paid a sum of Rs , Rs. -------- ,(Rupees only) as booking amount being part payment towards the Total Price of the [Apartmentsaid Flat/Plot] Unit at the time of application the application. The receipt of which the Promoter Developer hereby acknowledges and the Allottee Allottee/Purchaser hereby agrees to pay the remaining price of the [ApartmentFlat/PlotUnit] as prescribed in the Payment Plan as may be demanded by the Promoter Developer within the time and in the manner specified therein: Provided that if the allottee Allottee/Purchaser delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as specified in paragraph H; The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 Plot Nono. Type Rate of Plot per square feet* feet Type Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. The Allottee has paid a sum of Rs _ , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Agreement for Sale
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/PlotFlat] as specified more particularly mentioned & described in paragraph H; the schedule “A” below. The Total Price for the [Apartment/PlotFlat] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment No. Type Floor Rate of Apartment per square feet* Apartment no. Type Floor *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Garage/Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/PlotApartment/ Flat];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/PlotFlat]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/PlotFlat] includes: 1) pro rata share in the Common Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/revision/ withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot Flat or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five sixty days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, Allottee which is not more than 5% of the carpet area of the apartment/flat the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot[Apartment/ Flat ] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/PlotFlat];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter and the Owners shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/PlotFlat] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting fire fighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project.
(iv) The Allottee has the right to visit/inspect the project site as well as his apartment/flat to assess the extent of its development. It is made clear by the Promoter and the Allottee agrees that the [Apartment/PlotFlat] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely “WAY WIN LANDMARK” shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 1972. The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Agreement for Sale
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Owners and the Promoter agrees to sell to the Allottee Allottee(s) and the Allottee Allottee(s) hereby agrees agree(s) to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; recital F herein above.
1.2.1 The Total Price for Consideration of the [Apartment/Plot] based on the carpet area Apartment is Rs. Rs.________/- (Rupees only )only("Total Price"“ Consideration of the Apartment”) (Give break up and description): Block/Building/Rate of Apartment Tower No. per square foot of carpet area Apartment No. Type Floor Rate Cost of Apartment per square feet* *Provide break up apartment Cost of the amounts such as cost exclusive balcony or verandah areas Costs of apartment, proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in of common areas Exclusive Open Terrace (if any) Preferential Location Charges (if any) Covered/Open/Independent/Dependent Parking – Consideration for the Common Areas; and 2) The Total Price Apartment which is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account inclusive of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . Booking Amount
1.2.2 The Allottee(s) shall make be liable to pay the payment GST on the Consideration of Apartment as per the payment plan set out in Schedule C applicable ("Payment Plan"“ GST on Consideration”). 2BHK Rs.10,000/- 3BHK Rs.15,000/-
1.2.3 The Promoter Total Extras and deposits in respect of Apartment as mentioned herein below is Rs. /- (Rupees ) only (“Total Extras and Deposits”). On Extras & Deposits Maintenance Charges (An amount equivalent to twenty four (24) months estimated maintenance charges calculated of the total carpe area and the pro rata common areas comprised in the Apartment as security deposit plus GST as applicable. The above mentioned rate are based on current valuation which however may allowchange from time to time after delivery of possession of Apartment) Rs… /- Municipal Tax Deposit (An amount equivalent to twelve (12) months estimated charges calculated at the saleable area comprised in the flat plus GST as applicable.) Rs… /- Diesel Generator Power Backup – Generator Charges for Limited backup Rs. /- Club Deposit Rs. /- Property Tax Deposit – This amount is payable against proportionate share of Property Tax for the said Apartment for Twelve Months. Rs. /- Legal Fees (In all the cases 50% of the fees, in its sole discretionplus GST if applicable, would be paid at the time of execution of this agreement and the balance plus GST if applicable, on the date of deemed possession. For the preparation of nomination agreement a rebate for early payments sum of installments Rs.5000/- and Rs.7500/- only plus GST if applicable, would be payable by the Allottee by discounting such early payments @ % per annum Purchaser(s) in respect of 2BHK and 3BHK apartments respectively. Such nomination legal fees would be applicable and/or payable for all subsequent nominations of this agreement till the period by which conveyance is executed.) Association Formation Charges Individual Electricity Meter Deposit Mutation Cost Total Extras and Deposits (in Rupees) Rs. /-
1.2.4 The Allottee(s) shall also be liable to pay the respective installment has been preponed. GST as applicable on the Total Extras and Deposits of the Apartment.
1.2.5 The provision for allowing rebate Total Consideration of the said Apartment and such rate Total GST on Consideration as mentioned in Clause 1.2.1 and 1.2.2 hereinabove are hereinafter collectively referred to as the “said Total Price of rebate shall the Apartment”.
1.2.6 The Allottee(s) agree(s) and covenant(s) not be subject to claim any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature right of fixtures, fittings and amenities described therein possession over in respect of the apartment, plot or building, as said Apartment till such time the case may be, without Allottee(s) has/have paid the previous written consent entirety of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment, The Total Extras and Deposits, and the applicable taxes thereon as mentioned herein above and all other amounts agreed to be paid and deposited under this Agreement and has/Plot] at have duly complied with and/or performed all the time covenants, undertakings and obligations required to be complied with and/ or performed on the part of application the receipt Allottee(s) in pursuance of this Agreement or otherwise required by law, all of which shall be conditions precedent without with the Promoter hereby acknowledges and the Allottee hereby agrees shall not be under any obligation to pay the remaining price hand over possession of the [said Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Sale Agreement
Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. (Rupees only ("Total Price") ): Building Apartment no. Rs. /- Type (Give break up and description): Block/Building/Tower Plus GST as Applicable). Floor Car Parking No. Apartment NoRs. Type Floor Rate /- (Plus GST as Applicable). The amounts to be paid by the Allottee towards Extra Charges are enumerated hereunder; Legal Fees (50% at the time of Apartment agreement & 50% at the time of registration). Rs /-for 3BHK Common Electric Meter & Transformer As per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location actual Common Generator (If applicable) As per actual Rule 25 Charges (KMC Revised plan charges, taxes etc) On Actual (As Applicable) Maintenance Deposits (For 6 Months) Rs……./sq. [AND] [if/as applicable] Plot NoFt. Type Rate of Plot per square feet* month Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];:
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess excludes GST or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Apartment Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / change/modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] Apartment includes: :
1) pro Pro rata share in the Common Areas; and and
2) garage(s)/closed parking(s) as provided in the Agreement. The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot apartment or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the ActAct and as approved by the Competent Authority. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* /completion certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the The Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / share/interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] Apartment includes recovery of price of land, construction of [not only the Apartment but also] also the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting fire fighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees Allottee(s) agree(s) that the [Apartment/Plot] Apartment along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-self- contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely SJ MONOHARA shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , /- (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] Apartment as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Sale Agreement
Terms. 1.1 Subject to the terms and & conditions as detailed in this Agreement, the Promoter agrees Vendors hereby agree to sell to the Allottee Purchaser /Allottee(s) and the Allottee Purchaser /Allottee(s) hereby agrees to purchase, the [Apartment/Plot] as specified Apartment described in paragraph H; the Second Schedule hereunder.
1.2 The Total Price for the [Apartment/Plot] Unit / Apartment based on the carpet area is the amount of Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. _ Apartment No. ,Type Floor Rate of Apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate on Floo r Proportionate cost of common areas, preferential Preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate charges and Cost of Plot exclusive balcony area and/or exclusive open terrace area AND GST @ on Apartment (at current rates) Price of Apartment on Carpet Area per square feet* Explanation:feet Rs. x _ sq. ft. Rs. /- Rs. Nil Rs. /- Rs. /- Rs. /-
(i) The Total Price above includes the booking amount paid by the allottee thepurchaser/Allottee to the Promoter Vendors towards the [Apartment/Plot];.
(ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall be increased/reduced based on such change / modification;or
(iii) The Promoter Vendor shall periodically intimate to the Allotteepurchaser/Allottee(s), the amount payable as stated in (i) above and the Allottee purchaser/Allottee(s) shall make payment makepayment demanded by the Vendor within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter Vendor shall provide to the Allottee purchaser/Allottee(s) the details of the taxes paid or demanded along with the actsActs/rules/ rules/notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in Apartment/ Plot includes recovery of price of land, construction of, not only the Common Areas; and 2) Apartment but also, the common
1.3 The Total Price is escalation-escalation free, save and except increases which the Allottee purchaser/Allottee(s) hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority authority, from time to timetotime. The Promoter Vendor undertakes and agrees that while raising a demand on the Allottee purchaser/Allottee(s) for increase in development charges, cost/charges imposed by the competent authorities, the Promoter Vendor shall enclose the said notification/order/rule/ regulation notification/ order/ rules/ regulations to that effect along with the demand letter being issued to the Allotteepurchaser/Allottee(s), which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned belowpayments:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.
Appears in 1 contract
Sources: Sale Agreement
Terms. 1.1 Subject to the terms and & conditions as detailed in this Agreement, the Promoter hereby agrees to sell to the Allottee Allotee(s) and the Allottee Allotee(s) hereby agrees to purchase, purchase the [Apartment/Plot] Apartment as specified in paragraph H; Para ‘G’.
1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. ………………. (Rupees only ("only)( “Total Price") (Give break up and description): Block/Building/Tower No”). Apartment No. Type Floor Rate of Apartment per square feet* *Provide break Carpet Area (Superbuilt-up of the amounts such as cost of apartmentArea - ) With/without carparking for Rs. Extra Charges :-
1) Transformer, proportionate cost of common areasCabling, preferential location chargesService Line, taxes Deposits etc. [AND] [if– Rs. (individual WBSEB meter to be paid directly by Allotee)
2) Power Backup/as applicable] Plot NoGenerator it’s distribution, changeover etc.- Rs.
3) Maintenance Deposit @ 3/- per sq.ft. Type Rate of Plot superbuilt-up area per square feet* Explanation:month for a period of 12(twelve) months 4) Legal Charges – Rs. 21,000/-
(i) The Total Price total price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];.
(ii) The Total Price total price above includes Taxes (consisting considering of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of the handing over the possession of the [Apartment/Plot]: Apartment to the Allottee and the Project to the association of Allottees or the competent authority, as the case may be, after obtaining the completion certificate; Provided that in case there is any change / change/modification in the taxes, the subsequent amount payable by the allottee Allottee(s) to the promoter Promoter shall be increased/reduced based on such change / change/modification;
(iii) The Promoter shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirty) days from the date of such written intimation. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/rules/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;
(iv) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments . The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided further that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted taxes after the expiry of the schedule date of completion of the Project as per registration with the Authority, which shall include the extension of registration, if any granted to Allotteethe said project by the Authority, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at Act, the same rate per square feet as agreed in Clause 1.2 of this Agreement. Subject to Clause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act;
(iii) That the computation of the price of the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of charged from the Allottee. It is clarified that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor by such authority or person. The Allottee has paid a sum of Rs , (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as prescribed in the Payment Plan as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rules.;
Appears in 1 contract
Sources: Sale Agreement
Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Villas in the “PHASE-02” of the Project as specified in paragraph H; para G.
1.2 The Total Price for the [Apartment/Plot] Villas in the “PHASE-02” of the Project based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower NoVillas no. Apartment No. Type Floor Rate of Apartment Villas per square feet* *Provide break up sqft: Total price (in rupees) Provided that the amounts mentioned under the heads, Taxes, Maintenance Charges, Any Extra Charge for Amenities/Facilities, Service Charges and other heads of like nature, shall not be taken into account, while determining the Market Value of the amounts such as cost said Villas for the purpose of apartmentcalculation of the Stamp Duty, proportionate cost Registration Charges and any other incidental expenses, for the execution and registration of common areasthis Agreement to Sale or the Conveyance/Sale Deed to be executed in future, preferential location charges, taxes etcwith respect to the said Villas. [AND] [if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:
(i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Apartment/Plot];Villas
(ii) The Total Price above includes excludes Taxes as mentioned in the breakup of prices (consisting of tax paid or payable by the Promoter by way of Value Added TaxG.S.T, Service Tax, GST, CGST, if any as per law, and Cess or any other similar taxes which may be levied, in connection with the construction of the Project payable by the Promoter, by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]: Villas to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate except for the property tax, and diversion rent etc., which will be levied on the Allottee from the date of registry of the Villas in favour of the Allottee by the promoter or from the last date of payment as mentioned in the payment schedule whichever is earlier. Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter shall shall, be increased/reduced based on such change / modification: Provided further that if there is any increase in the taxes after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee;
(iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment demanded by the Promoter within 30 (thirty) seven days from the date of such written intimationissue of letter by the promoter and in the manner specified therein. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts/acts/ rules/ notifications together with dates from which such taxes/taxes/ levies etc. have been imposed or become effective;
(iv) The Total Price of Villas includes recovery of price of land, construction of [Apartment/Plotnot only the Villas but also] includes: 1) pro rata share in the Common Areas; , internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the Villas, water line and 2) plumbing, sewerage line, finishing with paint, marbles, tiles, doors, windows,maintenance charges as per para 11 etc. and includes cost for providing all other facilities, amenities and specifications to be provided within the Villas and the Project.
1.3 The Total Price is escalation-free, save and except increases increases, which the Allottee hereby agrees to pay, due to increase on account because of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the project as per registration with the Authority, which shall include the extension of registration, if any, granted to the said project by the Authority, as per the Act, the same shall not be charged from the allottee.
1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C ("“Payment Plan"”). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. .
1.5 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein herein at Schedule ‘D’ and Schedule ‘E’ (which shall be in conformity with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may beVillas, without the previous written consent of the AllotteeAllottee as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] .
1.6 The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the Building Villas is complete and the occupancy certificate* completion certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within then the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area, which is not more than three percent of the carpet area of the Villas allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment Plan. Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. .
1.7 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Villas as mentioned below:
(i) The Allottee shall have exclusive ownership of the [Apartment/Plot];Villas.
(ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in hand over the common areas to the association of allottees after duly obtaining the completion certificate from the competent authority as provided in the Act;
(iii) That The Allottee has the computation right to visit the project site to assess the extent of development of the price of project and his Villas, as the [Apartment/Plot] includes recovery of price of land, construction of [not only the Apartment but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as provided within the Project. case may be.
1.8 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Villas along with garage/closed parking within boundaries of the Villas as per approval given by Bhopal Municipal Corporation shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project or zone and shall not form a part of and/or linked/combined (except the connectivity of roads to another neighborhood lands as per the rules of town and country planning) with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the AllotteeAllottee or for the purpose of right of way/approach to any other party. It is clarified that Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972 .
1.9 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment Villas to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance charges, including mortgage loan and interest on mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment Villas to the Allottees, the Promoter agrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefor therefore by such authority or person. .
1.10 The Allottee has paid a sum of Rs , Rs. (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Villas at the time of application the The receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as Villasas prescribed in the Payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein: Provided that if the allottee delays in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in based on the RulesState Bank of India highest marginal cost of lending rate plus two percent from their respective due dates.
Appears in 1 contract
Sources: Agreement for Sale