Common use of Terms Clause in Contracts

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): (“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. 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. 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)_ 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. 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. 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 ("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] 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 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] 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 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. 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. 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 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. 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. 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 / Purchaser and the Allottee / Purchaser hereby agrees to purchase, the [Apartment/Plot] as specified Said Apartment and Appurtenances, described in paragraph H; Schedule B below. 1.2 The Total Price payable for the [Apartment/Plot] based on the carpet area Said Apartment And Appurtenances 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:more particularly mentioned in Schedule C below. (i) The Total Price above includes the booking amount paid by the allottee Allottee / Purchaser to the Promoter towards the [Apartment/Plot];Said Apartment and Appurtenances. (ii) The In addition to the Total Price above includes Taxes Price, the Allottee/s / Purchaser / s shall also bear and pay the taxes (consisting of tax paid or payable by the Promoter by way of Value Added TaxGST, Service Tax, GSTValue Added Tax and all levies, CGST, if any as per law, duties and Cess cesses or any other similar indirect taxes which may be levied, in connection with the construction of and carrying out the Real Estate Project and/or with respect to the Said Apartment And Appurtenances and/or this Agreement). It is clarified that all such taxes, levies, duties, cesses (whether applicable/payable now or which may become applicable/payable in future) including GST, Service Tax, Value Added Tax and all other indirect and direct taxes, duties and impositions applicable levied by the Promoter) up Central Government and/or the State Government and/or any local, public or statutory authorities/bodies on any amount payable under this Agreement and/or on the transaction contemplated herein and/or in relation to the date of handing over Said Apartment And Appurtenances, shall be borne and paid by the possession of Allottee / Purchaser alone and the [Apartment/Plot]: Provided Promoter shall not be liable to bear or pay the same or any part thereof; Notwithstanding anything mentioned hereinabove, it is clarified that in case if there is any change / modification increase in the taxestaxes after the expiry of the scheduled date of completion of the Real Estate Project as per registration with the Authority, which shall include the extension of registration, if any, granted to the Real Estate Project by the Authority, as per the Act, the subsequent amount payable by same shall not be charged from the allottee to the promoter shall be increased/reduced based on such change Allottee / modification;Purchaser. (iii) The Promoter shall periodically intimate in writing to the AllotteeAllottee / Purchaser, the amount payable as stated in (i) above Schedule C below and the Allottee / Purchaser 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 / 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) The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Said Apartment and Appurtenances includes recovery of price of land, construction of the Common Areas; , internal development charges, external development charges and 2) includes cost for providing all other facilities, amenities and specifications to be provided within the Said Apartment and the Project but excludes Taxes and maintenance charges. 1.3 The Total Price is escalation-free, save and except escalations/increases which the Allottee / Purchaser hereby agrees to pay, pay due to increase on account of development charges payable to the competent authority authority/Local Bodies/Government and/or any other increase in charges which may be levied or imposed by the competent authority authority/Local Bodies/Government from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee / Purchaser for increase in development charges, cost/charges imposed by the competent authoritiesauthority/Local Bodies/Government, the Promoter shall enclose the said notification/order/rule/ regulation rule/regulation/demand, published/issued to that effect along with the demand letter being issued to the AllotteeAllottee / Purchaser, 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 Project by the Authority as per the Act, the same shall not be charged from the Allottee / Purchaser. 1.4 The Allottee(s) Allottee / Purchaser 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] . 1.5 The Promoter shall confirm the final carpet covered area that has been allotted to the Allottee / Purchaser after the construction of the Said 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 covered area. The total price payable for the carpet covered area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet covered area within then the defined limit then Promoter shall refund the excess money paid by the Allottee / Purchaser 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 AllotteeAllottee / Purchaser. If there is any increase in the carpet area covered area, allotted to Allotteethe Allottee / Purchaser, the Promoter shall demand that additional amount from the Allottee as per / Purchaser towards the next milestone Total Price, which shall be payable by the Allottee / Purchaser prior to taking possession of the Payment PlanSaid Apartment. All these monetary adjustments It is clarified that the payments to be made by the Promoter/Allottee, as the case may be, under this Clause 1.5, shall be made at the same rate per square feet as agreed in Clause 1.2 above. 1.6 Subject to Clause 1.3 of this Agreement. Subject to Clause 9.3 , the Promoter agrees and acknowledges, acknowledges that the Allottee / Purchaser shall have the right following rights to the Apartment/Plot] as mentioned belowSaid Apartment And Appurtenances: (i) The Allottee / Purchaser shall have exclusive ownership of the [Said Apartment/Plot];. (ii) The Allottee / Purchaser shall also have undivided proportionate share in the Common AreasAreas of the Real Estate Project (described in Schedule D below). Since the share / share/interest of the Allottee / Purchaser in the Common Areas of the Real Estate Project is undivided and cannot be divided or separated, the Allottee / Purchaser shall use the Common Areas of the Real Estate Project along with other occupants/allottees / Purchasers of the Project, 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 hand over the Common Areas of the Real Estate Project (described in the common areas Schedule E below) to the association of allottees / purchasers after duly obtaining the completion certificate from the competent authority as provided in the Act;. (iii) That the The computation of the price of the [Apartment/Plot] Said Apartment and Appurtenances 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. charges 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 Said Apartment and the Project but excludes Taxes and maintenance charges. (iv) The Allottee agrees that / Purchaser has 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 Real Estate Project site to assess the extent of development of the Project is an independentand his apartment, 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 subject to prior consent of the Allottee. Project engineer and complying with all safety measures while visiting the site. 1.7 It is clarified that the 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 allottees / Purchaser / s as expressly mentioned in accordance with the West Bengal Apartment Ownership Act, 1972 this Agreement. 1.8 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the AllotteesAllottees / Purchasers, which it has collected from the AllotteesAllottees / 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 projectProject). 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 AllotteesAllottees / Purchasers, 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. . 1.9 The Allottee / Purchaser has paid a sum equivalent to 20% (twenty percent) of Rs , (Rupees only) the total price as booking amount being part payment towards the Total Price of the [ApartmentSaid Apartment and Appurtenances which includes token amount/Plot] any advances paid at the time of application application, the receipt of which the Promoter hereby acknowledges and the Allottee / Purchaser hereby agrees to pay the remaining price of the [Apartment/Plot] Said Apartment And Appurtenances as prescribed in the Payment Plan [specified in Schedule C] 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 prescribed in the Rules.

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* 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] 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. 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. 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. 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 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. 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 Apartment morefully and particularly mentioned in paragraph H; the Schedule A-1. 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 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* Schedule–B. 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 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 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 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 Completed Apartment finished 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 landland underneath the building, 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 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 but it will exclude Taxes 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: 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. 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 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] 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 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; 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* 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: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 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 recovery of picee 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, marble, tiles, doors, windows, fire detection and firefighting equipments in the common areas, maintenance charges as per para II etc. and includes cost for providing all other facilities, aminities and specifications to be provided within the [Apartment/Plot] includes: 1) pro rata share in and the Common Areas; and 2) 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 changed 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 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-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 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 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 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 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. 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. 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] 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. 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, purchase the [Apartment/Plot] Apartment as specified in paragraph H; Recital H. 1.2.1 The Total Price for the [Apartment/Plot] based on the carpet area Consideration of Apartment is Rs._ ___________________________) only (“Total Consideration of Apartment”). (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. Apartment No. ._____ Type BHK Floor ____ Rate of Apartment per square feet* *Provide break up foot of the amounts such as cost carpet area : Rs /- Cost of apartment, proportionate apartment Rs /- Cost of exclusive balcony or verandah areas Rs /- Cost of exclusive open terrace Rs /- Proportionate cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot No. Type Rate areas & external walls Rs /- Preferential Location Charges Rs /- Cost of Plot per square feet* Explanation:Car Park – Rs /- Consideration for the Apartment Rs /- (i) 1.2.2 The Total Price above includes Extras and deposits in respect of Apartment is Rs /- (Rupees ___________________________) only (“Total Extras and Deposits”). Advance Maintenance Charges- This amount is payable against 12 months advance maintenance charges for the booking said Apartment Rs /- Sinking Fund- This amount paid by is payable as funds for future repairs replacement, improvements and developments in the allottee to said Project. This amount shall be and/or may be adjusted against any arrears in maintenance charges and/or applicable taxes as the Promoter towards or the [Apartment/Plot]; (ii) The Total Price above includes Taxes (consisting Association deem fit and proper. Rs /- Transformer Charges & Electricity Charges- This amount is payable for the said Apartment as reimbursement of tax paid or payable all costs, incidentals, charges and expenses to be incurred by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, in making arrangement with CESC Ltd. for providing and Cess or any other similar taxes which may be levied, in connection with installing transformer at the construction of the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]: said Project. 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 pay the date of such written intimation. In addition, the Promoter shall provide Deposit 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 CESC Ltd. directly on account of development Individual Meter. Rs /- Legal and Documentation Charges Rs /- Association Formation Charges Rs /- Diesel Generator Power Backup- Generator charges for limited back up Rs /- Club Deposit Rs /- VRV Air Conditioning Charges Rs /- Property tax deposit- This amount is 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 against proportionate share of Property Tax 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 Apartment for twelve months. Rs /- Total Extras and Deposits (in Rupees) Rs. /- 1.2.3 The Allottee(sTotal Taxes (GST and/or Service Tax) 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 paid 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 Apartment 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 etcRs., 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 only (“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 RulesTax”).

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 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. 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. 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 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] 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] 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 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 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 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 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] 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. 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. 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 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. 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 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. 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 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. 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. 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 PriceTotalPrice") (Give break up breakup 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 [Apartmentthe[Apartment/Plot]: Provided that in case there is the ▇▇▇▇ 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 / 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 to get her 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 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/ 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. . 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/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 the rein 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 theAllottee,orsuch minorchangesoralterations asperthe provisions of the ofthe 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 beenallottedtothe AllotteeaftertheconstructionoftheBuildingiscompleteandtheoccupancycertificate*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 Ifthere is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money excessmoney 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 ,fromthedatewhensuchanexcessamountwaspaidbytheAllottee.Ifthereisanyincreaseinthecarpetarea allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the ofthe Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this AgreementasagreedinClause1.2 ofthisAgreement. Subject to Clause SubjecttoClause 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the ApartmentthePromoteragrees andacknowledges,theAllotteeshallhave therightto theApartment/Plot] as Plot]as mentioned below: (i) The Allottee shall have exclusive ownership of the [ApartmentTheAllotteeshallhaveexclusive ownershipofthe[Apartment/Plot]; (ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest /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 anyinconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always shallalways be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified isclarified that the promoter shall convey undivided proportionate title in the common areas to the association of theassociationof allottees as provided asprovided 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 etcfirefightingequipmentinthecommonareasetc.andincludescostforprovidingallotherfacilitiesasprovidedwi thintheProject. 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 ItismadeclearbythePromoterandthe Allotteeagreesthatthe [Apartment/Plot] along with Plot]alongwith garage/closed parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project theProject is an independent, self-contained Project covering the said Land and is not a part of any other project otherproject or zone and shall not form a part of and/or linked/combined with any other project in its vicinity or vicinityor 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 Projectisclarified thatProject'sfacilitiesand amenitiesshallbeavailableonly foruseand enjoymentoftheAllotteesof theProject. It is understood by the Allottee that all other areas and i.e. areas and facilities falling outside the Project, ItisunderstoodbytheAllotteethatallotherareasandi.e.areasandfacilitiesfallingoutsidetheProject,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 costapartmenttotheAllottees,whichithascollectedfromtheAllottees,forthepaymentofoutgoings(includinglan dcost, 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 liabilitiespayable to competent authorities, banks and financial institutions, which are related to the project). If the Ifthe 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 Promoteragrees to be liable, even after the transfer of the property, to pay such outgoings and penal charges, if anyifany, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken legalproceedings whichmaybetaken therefor by such authority or bysuch authorityor person. The Allottee has paid a sum of Rs , TheAllotteehaspaidasumofRs ,(Rupees only) as booking amount being part payment towards the Total Price of the [Apartmenttopaytheremainingpriceofthe[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 Plot]as prescribedinthePaymentPlanasmaybe demandedbythe Promoterwithin the time and in the manner themanner 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 beliable topayinterestattheratespecified in the RulestheRules.

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 agree to sell to the Allottee and the Allottee hereby agrees to purchase, purchase the [Apartment/Plot] Apartment as specified in paragraph H; Para H. 1.2 The Total Price for the [Apartment/Plot] based on the carpet area is Rs. (Rupees only ("Total Price" for the Unit is based on its carpet area and the amount that the Allottee shall pay to the Promoter for it is mentioned in Schedule-T and the manner the same is to be paid is as per the ") (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:Payment Plan" mentioned in Schedule-U. (i) The Total Price above includes 10% (ten percent) of the booking amount Unit Cost, hereafter called the "Booking Amount" paid by the allottee Allottee to the Promoter towards the [Apartment/Plot];Unit, prior to execution hereof, the receipt whereof the Promoter hereby admits and acknowledges. Also note that, any amount paid at the time of first site visit, or on expression of interest or before receiving the final Booking letter, shall be deemed considered to be a part of the Booking Amount, which is 10% (Ten Percent) of the Unit Cost. (ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter Promoters 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 Said 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 Unit to the promoter shall be increased/reduced based on such change / modification;Allottee and the Project Common Portions to the Association of Allottees or the competent authority, as the case may be, after obtaining the completion certificate with respect to the said phase. (iii) The Promoter shall periodically intimate in writing to the Allottee, the amount payable as stated in (i) above accordance with Schedule-U and the Allottee shall make payment towards the amount demanded by the Promoter within 30 (thirty) days from the date of such written intimation. Where the Allottee has taken a 'home loan' for the Apartment, any delay in payment disbursal of the loan account will be the sole responsibility of the Allottee and such delay may not be held against the Promoters as a cause for the delay in making payment. In addition, the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the actsActs/rules/ notifications Rules/Notifications together with dates from which such taxes/levies etc. have been imposed or become effective;. It is also agreed by the Allottee that in case the Allottee fails to make payment towards the amount demanded within the time frame mentioned, the Allottee shall be liable to pay to the Promoter an interest at the rate prescribed in the Rules, which will be the State Bank of India Prime Lending Rate plus 2 (Two) percent. (iv) The Total Price of [Apartment/Plot] includes: 1) pro the Unit includes recovery of price of land, construction of not only the Apartment and parking space but also the pro-rata share in Project Common Portions, internal development charges such as Finishing with paints, Marbles, Tiles, Doors, Windows etc as applicable. (v) Infrastructure development charges, which shall mean and include cost of providing electric wiring, electrical connectivity to the Common Areas; Apartment, Transformer, Generator, Water Line and 2plumbing, Sewage Treatment Plant, Water Treatment Plant, Fire Detection and Fire-Fighting Equipment in the common areas, making of internal road, laying of water pipeline, optical fibre lines, sewerage lines and other infrastructural requirements beneath the internal roads, association formation charges and includes cost for providing all other facilities, amenities and specifications to be provided within the Said Project. (vi) The Total Price will however not include Maintenance Charge Deposit and Sinking Fund, for 12 (Twelve) Months from the date of Possession, and which the Allottee shall be required to pay at or before taking possession of the Apartment. 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/ regulation , rule or regulation, as the case may be, 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 Said Phase as per registration with the Authority, which shall include the extension of registration, if any, granted to the Said Phase by the Authority as per the Act, the same shall be paid by the Allottee. 1.4 The Allottee(s) Allottee shall make the payment as per the payment plan 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. in 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 Specifications described herein at Schedule-Q as also the nature of the fixtures, fittings and amenities amenities, hereafter referred to as the "Amenities & Facilities", described therein herein at Schedule-R, which are in conformity with the advertisement, prospectus etc. on the basis of which this sale is effected, in respect of the apartment, plot or building, as the case may be, Apartment 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 Since the Housing Complex will be developed project-wise / phase-wise, the description and location of the common areas / amenities pertaining to the entire housing complex may change. 1.6 The allottee agrees and understand that all the standard fitting, interior, furniture, kitchenette and fixtures and dimension provided in case the show/model residential units exhibited at the site only provides representative idea and the actual apartment agreed to be constructed will not include the fittings and fixtures of an apartment] the model unit and even if such fittings and fixtures are provided they may vary as to make, colour, shade, shape and appearance from the ones provided in the model unit and the allottee shall not put any claim for such variation. The promoter shall ensure that only approved specifications mentioned in the schedule- H hereunder is maintained. 1.7 The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building Said Block is complete and the occupancy certificate* certificate or the completion certificate or the partial occupancy certificate or the partial completion certificate as applicable is granted by the competent authority, by furnishing 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 the defined limit limit, then the 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 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-U. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 Schedule-S of this Agreement. . 1.8 Subject to Clause 9.3 the Promoter agrees Promoters agree and acknowledgesacknowledge, 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 and the exclusive right to use the parking space. (ii) The Allottee shall also have undivided proportionate undivided, proportionate, indivisible and variable pro rata share in the Project Common AreasPortions as members of the Association. Since the share / and/or interest of the Allottee in the Project Common Areas Portions is undivided and cannot be divided or separated, the Allottee shall use the Project Common Areas Portions along with the other occupants, maintenance staff staff, etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Project Common Areas Portions shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Promoters after completion of the entire project shall convey undivided proportionate title in the common areas Phase Common Portions to the association of allottees after duly obtaining the occupancy certificate, the completion certificate, the partial occupancy certificate or the partial completion certificate, as the case may be, from the competent authority as provided in the Act;Act and after such handing over, the maintenance and care of the Phase Common Portions shall be the liability and responsibility of such association of allottees. Furthermore, the Allottee agrees and understands that the project shall be built and developed in phases, therefore on the date of possession the Promoter shall ensure providing basic amenities and facilities whereas all the facilities and amenities, in totality, shall only be provided and handed over to the Association after completion of all the phases as envisaged under the project. Furthermore, it is also agreed and understood by the Allottee that the Complex and/or project will also provide with other facilities like grocery, pharmacy and other amenities. However, the same shall be treated as individual commercial units which shall be sold separately and shall not, at any point of time and/or under any circumstance, be considered a part of the project common areas and portions. (iii) That the computation of the price of the [Apartment/Plot] Unit includes recovery of price of land, construction of [not only the Apartment and the parking space but also] also the Project Common AreasPortions, internal development charges, external Infrastructure 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 etc. areas, and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Apartment and the Said Project. . (iv) The Allottee has the right to visit the Said Project site to assess the extent of development of the Said Phase and Apartment, however, he will do so only with prior written consent of the Promoter and the Allottee also agrees and undertakes to comply with all the safety regulations that are to be followed at the construction sites. (v) It is understood by the Allottee that all other areas, i.e., areas and facilities falling outside the Project shall not form part of the declaration to be filed with the Competent Authority in accordance with the West Bengal Apartment Ownership Act, 1972. 1.9 It is made clear by the Promoter Promoter, and the Allottee agrees that the [Apartment/Plot] Apartment along with garage/closed parking the Parking Space, if any, as mentioned in Schedule-S, shall be treated as a single indivisible unit for all purposespurposes and that the parking space and the Apartment shall be transferred as one single Unit only and not in isolation to the other. However, the Allottee agrees that the date of possession in respect of the Apartment and that of the Parking space may differ and that the allottee shall not object to the same, i.e., the possession in respect of the parking space shall and/or may be provided at a later date based on the phase wise development of the project. However, the Promoter agrees to provide a temporary parking space, depending on availability of the same, upon a written request from the Allottee in this regard. However, the payment for the parking space shall be paid as per the payment plan as laid out in Schedule-U. It is agreed that the Project Said Phase, as of now, is an independent, self-contained Project one covering the said Said Land and is not a part of any other project or zone and nor shall not form a part of and/or linked/linked and/or combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee, nor will the Project Common Portions be made available for use and enjoyment of any others but the Allottees of the Said Project save in the manner hereafter stated. It is clarified that Project's the Project Common Portions, including the facilities and amenities amenities, shall be available only for use and enjoyment of the Allottees of the Project. It project. 1.10 The Allottee is understood by very well acquainted with the Allottee fact that all other areas and i.e. areas and facilities falling outside the Project, namely Promoter is in the process of acquiring more parcels of land which shall not form a be made part of the declaration said Project and the Allottee agrees not to be filed with raise an objection in this regard. Furthermore, it is agreed that in the Competent Authority event the Promoter desires to acquire furthermore parcels of land in accordance with respect of the West Bengal Apartment Ownership Actsaid project, 1972 the Allottees shall have no objection to the same. 1.11 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment Apartment to the AllotteesAllottee, which it has collected collected, if any, 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 projectSaid Phase). If the Promoter fails to pay all or any of the outgoings collected by it it, if any, from the Allottees Allottee or any liability, mortgage loan and and/or 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 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. . 1.12 The Allottee has paid a sum the Booking Amount, being 10% (ten percent) of Rs the Unit Cost, (Rupees only) as booking amount being part payment towards the Total Price of the [Apartment/Plot] Unit at the time or before execution of application this Agreement, the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price remainder of the [Apartment/Plot] Total Price of the Unit as prescribed in the Payment Plan as may will 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.Payment Plan mentioned in Schedule-U.

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 purchasepurcha se, the [Apartment/Plot] Plot as specified in paragraph H; para G. 1.2 The Total Price for the [Apartment/Plot] Plot Apartment (having Plot Area of Sq. Ft) based on the Total carpet area is Rs. (Rupees only ("" Total PricePrice ") (Give Gi ve break up and description): Block/Building/Tower Nono. Apartment Nono. 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 Plot : 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. / - (g) Maintenance Charges as per Para 11 : Rs. _per month (h) (Any Other Charges If Applicable) : Rs. / - Provided that the amounts such as cost mentioned under the heads, Taxes, Maintenance Charges, Any Extra Charge fo r 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 incidenta l 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* Garage/Covered parking 1 Price for 1 Garage/Covered par king 2 Price for 2 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 ta x 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 modificatio n 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 int imate 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 detail s 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; Are as, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the plot, water line, maintenance charges as per para 11 etc. and 2) includes cost for providing all other facilities, ameniti es and specifications to be provided within the Plot and the Project. 1.3 The Total Price is escalation-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 autho rity 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 subj ect 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 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 previo us 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 . 1.7 Th e Promoter shall confirm to the final carpet Plot area that has been allotted to the Allottee after the construction development of the Building Plot is complete and the occupancy certificate* /completion certificate is granted by the competent authority, by furnishing details of the changesc hanges, if any, in the carpet Plot area. The total price payable for the carpet Plot area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet Plot 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 Pot area, which is not more than three percent of the area of the Plot, allotted to Allottee, the t he 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 pa ra 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 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 recove ry 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 plot, water line and firefighting equipment in the common areas etc. plumbing , maintenance charges as per para 11 et c. and includes cost for providing all other facilities as facilities, amenities and specifications to be provided within the Plot and the Project; Printed by BoltPDF (c) NCH Software. Free for non-commercial use only. (iv) The Allottee has the right to visit the project site to assess the extent of development of the project and his apartme nt/plot, as the case may be. 1.9 It is made clear by the Promoter and the th e 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 self -contained Project covering the said s aid 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 c 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 P hases 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, ele ctrical 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 P hase 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 t he 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 a ll 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 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. . 1.11 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 pr ice 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 1 contract

Sources: Agreement for Sale (Plots)

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. [AND] [ifGarage/as applicable] Closed parking - 1 Price for 1 Garage/Closed parking - 2 Price for 2 Plot Nono. Type Rate of Plot per square feet* Explanation:feet [OR] (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 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] second schedule mentioned flat & parking space as specified in paragraph HG; The Total Price for the [Apartment/PlotApartment/ flat] based on the carpet area is Rs. (Rupees only ("Total Price") (Give break up and description): Block/Building/Tower No. – N.A. Apartment Nono. _ Type Residential Floor Floor Rate of Apartment apartment per square feet* *Provide break up of the amounts such as cost of apartment, proportionate cost of common areas, preferential location charges, taxes etcSq. [AND] [ifFeet @ Rs. _ /- per Sq. Feet Total price (in rupees) Rs. /- ( ) (Round) Underneath / Stilt/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:Open Parking Rs- /- Garage/ Stilt/Open Parking 2 N.A. Total Price (in rupees) Rs- /- (_________________________________) (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 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) 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) stilt 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 or Taxes 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 applica ble on subsequent payments payments. The Allottee(s) shall make the payment as per the payment plan set out in Schedule C Fourth ("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/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 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] 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/Plotflat] along with garage/closed Stilt parking shall be treated as a single indivisible divisible 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 Kalpataru 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 , 3,09,815/- (Rupees onlyThree Lac Nine Thousand Eight hundred Fifteen Only) as booking amount being part payment towards the Total Price of the [Apartment/Plotflat] 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/PlotFlat] 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 Promoters agree to sell to the The Allottee and the The Allottee hereby agrees to purchase, the [Apartment/Plot] said Apartment as specified more fully described in paragraph H; the FOURTH SCHEDULE herein below. 1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet salable area or super built up area of the Apartment is Rs. ................../- (Rupees ) only and parking cost is Rs. ……………../- (…………………) only as per the details given in Part-II of the FIFTH SCHEDULE” hereunder written (the "TOTAL PRICE”) and set forth value is Rs. /-(Rupees ……………….) only. 1.3 In addition to the aforesaid Total Price", the following charges shall be paid at actual/or as mentioned by the Promoters as per payment schedule: (a) Cost of Electric Meter; (Give break up b) Stamp Duty/Registration Charges/Commissioning charges and description): Block/Building/Tower Noother Incidental Expenses; (c) If any, and other miscellaneous charges and incidental charges in relation to the Govt. Apartment No. Type Floor Rate norms in future; (d) Costs charges and expenses for providing satellite cable TV connection per such connection as per actuals; and 1.3.1 The Interest Free advance common area maintenance charges have been calculated on a proposed estimated cost and may vary as per actuals at the time of Apartment per square feet* *Provide break up of possession. 1.3.2 The Total Price is subject to 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* Explanationfollowing explanations: (i) The Total Price above includes the booking amount amount(being 10% of the Total Unit Price inclusive of applicable taxes) paid by the allottee The Allottee to the Promoter Co- Owner/Developer 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 [ApartmentCo-Owner/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 Developer shall periodically intimate in writing to the The Allottee, the amount payable as stated in (i) above and the The Allottee shall make payment demanded by the Co-Owner/Developer within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter Co-Owner/Developer shall provide to the 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;. (iviii) The Total Price of [Apartment includes recovery of price of land, cost of construction of not only the Apartment but also the Common Areas, internal development charges, external development charges, taxes, cost of providing electrical wiring, electrical connectivity to the Apartment/Plot] includes: 1) pro rata share , lift, water line and plumbing, tiles, doors, windows, fire detection and fire- fighting equipment in the Common Areas; , maintenance deposits and 2) other charges as mentioned in Clause 1.2 above and includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project. 1.4 The Total Price is escalation-free, save and except increases which the 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 Co-Owner/Developer undertakes and agrees that while raising a demand on the The Allottee for increase in development charges, costcosts/charges imposed by the competent authorities, the Promoter Co-Owner/Developer shall enclose the said notification/order/rule/ regulation to that effect along with the demand letter letter/email being issued to the The Allottee, which shall only be applicable on subsequent 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 extended) the same shall not be charged from The Allottee(s) Allottee. 1.5 The Allottee shall make the payment as to the Co-Owner/Developeras per the payment plan set out in Schedule C Part– II of the FIFTHSCHEDULE hereto ("Payment Plan"the “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. . 1.6 It is agreed that the Promoter Promoters shall not make any additions and and/or alterations in the sanctioned plansplan of the Project and/or Complex, layout lay-out plans and specifications and the nature of fixtures, fittings and amenities described therein herein in Part–II of THIRD SCHEDULE herein (which shall be in conformity with the advertisement, prospects etc. on the basis of which sale is effected) in respect of the apartment, plot or building, as the case may be, Apartment 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 The Allottee, or such minor changes or alterations as per the provisions of the Act. [Applicable in case , provided that, the Promoters may make such minor additions or alterations, as may be required by The Allotteeprovided such minor changes or alteration are as per the provisions of an apartment] the Act. 1.7 The Promoter Co-Owner/Developer shall confirm to The Allottee the final carpet Super built up area of the Apartment that has been allotted to the The Allottee after the construction of the Building in which the Apartment is situated is complete and the occupancy certificate* certificate (or such other certificate by whatever name called is issued by the competent authority) is granted by the competent authority, by furnishing details of the changes, if any, in the carpet Super built up area. The total price Total Price payable for the carpet Super built up area shall be recalculated upon confirmation by the PromotertheCo-Owner/Developer. If there is any reduction in the carpet area within Super built up area, then the defined limit then Promoter Co- Owner/Developer shall refund the excess money paid by The 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 The Allottee. If there is any an increase in the carpet Super built up area, which is not more than three percent of the Super built up area of the apartment allotted to The Allottee, the Promoter shall Co-Owner/Developermay demand that from the The Allottee as per the next milestone of the Payment PlanPlan as provided in PART-II of the FIFTH SCHEDULE. 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 . 1.8 the Promoter Promoters agrees and acknowledges, the that 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 The Allottee in the Common Areas is undivided and cannot be divided or separated, the The Allottee shall use the all Common Areas along with other occupantsotherAllottee, maintenance staff etc.. of the Project/Complex, without causing any inconvenience or hindrance to them. Further, It is clarified that the right Promoters shall hand over the Common Areas to the association ofAllottee after duly obtaining the completion certificate from the competent authority as provided in the Act. (iii) The rights of The Allotteearelimited to ownership of the said Apartment and The Allottee hereby accept the same and The Allottee shall not, under any circumstances, raise any claim, of ownership, contrary to use the above. (iv) The Common Areas shall always be and remain subject to change and modification, as may be deemed fit and necessary by the timely payment Promoters (without affecting the rights of maintenance charges The Allottee, prejudicially) to accommodate its future plans regarding the Said Land and/or the Project/Complex and other charges as applicable. It is clarified that The Allottee hereby accept the promoter same and shall convey undivided proportionate title not, under any circumstances, raise any objection, or hindrances thereto and/or shall be deemed to have granted an unconditional approval to such change in Common Areas. (v) The Allottee shall only have user rights in the common areas Common Areas of the Project/Complex to the association of allottees as provided in the Act; (iii) That the computation extent required for beneficial use and enjoyment of the price said Apartment and The Allottee hereby accept the same and The Allottee shall not, under any circumstances, raise any claim of ownership of any component or constituent 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 CommonAreaof the Project. /Complex. 1.9 It is made clear by the Promoter Promoters and the The Allottee agrees that the [Apartment/Plot] Apartment (along with garagethe covered independent/closed parking covered dependent parking/open independent/ open dependent parking/basement independent/ basement dependent/ Mechanical car parking/ Two ▇▇▇▇▇▇▇ Parking, as the case may be, if any, allotted to The Allottee by the Promoter and as so mentioned in the FOURTH SCHEDULE hereto) shall be treated as a single indivisible individual unit for all purposes. It is agreed that the Project Project/Complex is an independent, independent self-contained Project covering the said Said Land and/or the additions made thereto 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 The Allottee. It is clarified that the Project's ’s facilities and amenities shall be available only for use and enjoyment of the Allottees The Allottee (including The Allottee herein) 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 /Complex. 1.10 The Promoter agrees to pay all outgoings outgoing before transferring the physical possession of the apartment apartments to the AllotteesThe Allottee, which it the Co- Owner/Developer has collected from the Allottees, The Allottee (including The Allottee herein) 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 encumbrances, and such other liabilities payable to competent authorities, banks banks(s) and financial institutions, institutions which are related to the projectProject). If the Promoter Co-Owner/Developer fails to pay all or any of the outgoings collected by it the Co-Owner/Developer from the Allottees The Allottee, (including The Allottee herein) or any liability, mortgage loan and interest thereon before transferring the apartment apartments respectively to the AllotteesThe Allottee, then, and in such event, the Promoter Co-Owner/Developer agrees to be liable, even after the transfer of the propertyApartment , to pay such outgoings and penal penalty charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings proceeding 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 The Allottee delays in payment towards any amount for amount, which is payable, he The Allottee 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 Owner/▇▇▇▇▇▇▇▇▇ agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; Para 8 above. 1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. ………………………… (Rupees only ("Total only)(“Total Price"”) (Give break up and description): Block/Building/Tower NoBlockNo……………………. Apartment No. Type Floor ApartmentNo………….. Type…………………….. Floor…………………………… Rate of Apartment per square feet* Square Feet Garage/Covered parking *Provide break up of The amounts includes the amounts such as cost of apartment, cost of exclusive balcony of verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes taxes, etc. [AND] [., if/as applicable] Plot No. Type Rate of Plot per square feet* Explanation:. (i) The Total Price total price above includes the booking amount paid by the allottee 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 Owner/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 levied, apart from GST which shall be extra, in connection with the construction of the Project payable by the PromoterOwner/Developer, 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 Apartment 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 Owner/Developer 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 Owner/Developer within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter Owner/Developer 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 [Apartment/Plotincludes recovery of price of land, construction of [not 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 fire-fighting 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 Apartment and the Project. 1.3 The Total Price total price is escalation-free, save and except increases increase 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 Owner/Developer 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 Owner/Developer 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. 1.4 The Allottee(s) shall Allottee(s)shall make the payment as per the payment plan set out in Schedule C ‘C’ ("“Payment Plan"”). . 1.5 The Promoter Owner/Developer may allow, in its sole discretion, a rebate for early payments of installments payable by the Allottee by discounting such early payments @ @4% 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. Owner/Developer. 1.6 It is agreed that the Promoter Owner/Developer 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 Owner/Developer 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 Owner/Developer 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 PromoterOwner/Developer. If there is any reduction in the inthe carpet area within then the defined limit then Promoter Owner/Developer 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 five percent of the carpet area of the apartment, allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment PlanOwner/Developer may demandthatfromtheAllotteeasperthenextmilestoneofthePaymentPlanas 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 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/Plot] Unit as specified in paragraph H; Para ‘G’ and also described in 2ndSchedule. 1.2 The Total Price Price/Agreed Consideration for the [Apartment/Plot] said Apartment Unit based on the carpet area thereof is Rs. /- (Rupees only Only ("“Total Price"/Agreed Consideration”) (Give break up as per the following description and description): Block/Building/Tower as also details mentioned in 3rdSchedule: Flat No. Apartment No, Floor, Block Per Sq.Ft. Type Floor Rate of Apartment per square feet* *Provide break up Rs. /- Apartment/Unit Price includes: a) Cost of the amounts such as Unit b) Cost of exclusive balcony or verandah areas c) Proportionate cost of apartment, proportionate cost of common areas, preferential location charges, taxes Common Areas with external wall thickness etc. [AND] [if/as applicable] Plot Nod) Total Car-parking Space Price : Rs. Type Rate of Plot per square feet* Explanation:/- Rs. /- Total Rs. /- (i) The Total Price above includes the booking amount paid by the allottee Allottee to the Promoter towards the [said 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 Project, by the Promoterwhatever name called) up to the date of handing over the possession of the [Apartment/Plot]: said Apartment tothe Allottee and/or the Project to the Association ofallottees 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;. (iii) The Promoter shall periodically intimate in writing to the Allottee, 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/ notifications together with dates from which such taxes/levies etc. have been imposed or become effective;. (iv) The Total Price of [the said 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/Plot] includes: 1) pro rata share , lift, water line and plumbing, finishing with tiles, doors, windows, fire detection and fire-fighting equipment in the Common Areas; common areas, maintenance charges as per Para II etc. and 2) includes cost for providing all other facilities, amenities and specification to be provided within the Apartment in the Project. 1.3 The Total Price is escalation-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 timetime and/or increases as may be otherwise agreed. 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 AllotteeAllottee(s), which shall only be applicable on subsequent payments . payments. 1.4 The Allottee(s) shall make the payment of the Total Price as per the payment plan set out in Schedule C 3rdSchedule ("“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 4thSchedule and 5thSchedule(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 besaid Apartment, without the previous written consent of the Allottee(s) as per the provisions of the Act and the Promoter may charge, additional amounts for such modifications as may be agreed with 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 applicable statutes/Act. [Applicable in case of an apartment] . 1.4 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* Occupancy/Completion Certificate is granted by the Corporation/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 area, allotted to Allottee, the Promoter shall may demand that from the Allottee as per the next milestone of the Payment PlanPlan as provided in 3rdSchedule. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 this Agreement. 1.5 Subject to the Allottee not committing any default in terms of this Agreement. Subject to Clause 9.3 Agreement including under Clause9.3, the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] said Apartment Unit as mentioned below: (i) The Allottee Allottee(s) shall have exclusive ownership of the [Apartment/Plot]said Apartment and the right to use the said Parking Space described in 2ndSchedule; (ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / or 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 Apartment Owners, 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 them and subject to the making timely payment of the maintenance charges charges, municipal taxes and other charges as applicableliabilities. 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 after duly obtaining the completion/ Occupancy Certificate from the Corporation/competent authority,as provided in the Act; (iii) That the computation of the price of the [Apartment/Plot] said Apartment includes recovery of price of land, land and construction of [not only the said Apartment but also] the Common Areas, 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 specification 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 Apartment 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 also agreed to make timely payment towards the Total Price of the [ApartmentAdditional Liabilities and Deposits mentioned in 6thSchedule.The Additional Liabilities and Deposits are an integral part of the transaction and non-payment/Plot] at delayed payments thereof shall also result in default on the time part of application the receipt of which the Promoter hereby acknowledges Allottee and the consequences mentioned in Clause 9.3 shall follow. (iv) The Allottee hereby agrees has the right to pay visit the remaining price Project site to assess the extent of development of the [Apartment/Project and his 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 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/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. Subject to the terms and conditions as detailed in this the Agreement, the Promoter Developer agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph HJ; The Total Price for the [Apartment/Plot] Apartment based on the carpet area of sq. ft.excluding (balcony area having carpet area…………..sq. ft.), is Rs. (Rupees only ("Total Price"…………………sq. ft.) (Give break up and description): Block/Building/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] Plot No. Type Rate of Plot per square feet* Open/Covered/Mechanical Parking – 1 Price for 1 Open/Covered/Mechanical Parking – 2 Price for 2 Explanation: (i) The Total Price above includes the booking amount paid by the allottee to the Promoter Developer towards the [Apartment/Plot]; (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 levied, in connection with the construction of the Project payable by the PromoterDeveloper) 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 Developer shall be increased/reduced based on such change / modification; (iii) The Promoter Developer shall periodically intimate to the Allottee, the amount payable as stated in (i) above and the Allottee shall make payment within 30 (thirtyThirty) days from the date of such written intimation. In addition, the Promoter Developer 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] Apartment includes: 1I) pro rata share in the Common Areas; and 2) 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 Developer 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 Developer 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 Builder having agreed to construct erect and complete the Said Building in terms of what has been herein provided the Unit-Owner has agreed to contribute and pay to the Builder agreed consideration of , (hereinafter called the Construction Cost),to be paid in the manner as appearing in the Fifth Schedule hereinafter mentioned. All taxes (including GST), duties, levies, surcharges, charges or fees (whether existing at present or that may be imposed or enhanced in future) under any statute rule or regulation in respect of the Said Unit and/or the said building complex or the maintenance thereof, shall be borne and paid by the Unit-Owner proportionately or wholly as the case may be on demand being made by the Builder, without raising any objection thereto. The Unit-Owner has agreed and covenanted with the Builder that they shall regularly and punctually make payment of the construction cost to the Builder in the manner mentioned in the Fifth Schedule hereunder written and payment shall be made within seven days from the date as and when the same shall become due and time in this regard shall be the essence of the contract. In addition to the aforesaid Construction cost, the Unit-Owner shall pay to the Builder the following amounts (hereinafter referred to as the Extra utilities charges) before taking possession of the Said Unit. Proportionate amount of expenses towards payment of cost, charges and expenses (including security deposit) for arranging electric connection from the WBSEB including installation of electrical sub-station, if required, and cost of separate meter for each Unit. Proportionate amount of cost of Generator for power back-up to run the basic common facilities at the Said Building during power failure including limited provision of power in each of the Units at the said building and space occupied by the Generator together with cost charges and expenses for installation of the Generator and for providing connection to common area service facilities. Water Charges. Under no circumstances the Builder shall give possession of the Said Unit to the Unit-Owner unless and until all payments required to be made under this agreement by the Unit-Owner have been made to the Builder. The Unit-Owner hereby assures and covenants with the Builder that he/she/it shall not enter upon the Said Unit until such time the unit intended to be owned is fully constructed erected in all regards and all payments in respect thereof have been fully paid. In the event of any default by any of the Unit-Owner in making payment of agreed Construction Costs as and when the same shall become due then in that event the defaulting Unit-Owner shall be liable to pay interest at the rate of two percent per month PROVIDED HOWEVER if such default shall continue for more than three months from the date of such instalment has fallen due then in that event the Builder shall be entitled and it is hereby authorized by such defaulting Unit-Owner to forfeit all amount already paid by such Unit-Owner as and by the way of pre-determined liquidated damages and shall also in that event be entitled to and is hereby authorized to sell transfer let out grant lease in respect of the Unit allotted to the Unit-Owner and to receive realize and collect all rents issues and profits arising there from and to adjust towards Construction Costs and interest accrued thereon. The Unit-Owner hereby assure and covenant with the Builder not to claim possession of the Said Unit allotted to it till such time all dues agreed to be paid in terms of this Agreement and the said Agreement for Transfer have been duly paid and the Unit-Owner has fulfilled all its obligations in terms of this Agreement and the said Agreement for Transfer entered into with the Transferor. Immediately after the construction of Said Building is completed the total area to comprise in the Said Building including the area comprised in the Said Unit shall be measured and certified by the Architect for the time being of the Said Building and certificates granted by the Architect shall be final conclusive and binding on the parties hereto and none of the parties shall be entitled to dispute the same. It is hereby expressly agreed by and between the parties hereto that in the event of the area of the Said Unit found to be less than what has been stated herein even then the Unit-Owner shall not be entitled to claim any abatement or deduction in cost of construction and shall be liable to pay a lump sum of the amount to be paid by the Said unit-owner. If the Unit-Owner shall cause any obstruction whereby the Builder is prevented to proceed with the construction work and because of any act or deed on the part of any of Unit-Owners whereby the progress of the work is impeded then in that event if the Unit-Owner is guilty of such act or deed the Unit-Owner shall be liable to pay a predetermined liquidated damage @ Rs.150/- per day to the Builder. The Promoter may allow, in its sole discretion, a rebate for early payments payment 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/withdrawal, once granted to an Allottee by the Promoter. It is agreed that the Promoter shall Developer Shall not make any additions and alterations alteration 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 Developer 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 Developer 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* 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 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 Developer 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 clause 1.2 of this Agreement. Subject to Clause 9.3 9, the Promoter Developer agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Apartment as mentioned below: (i) The Allottee allottee shall have exclusive ownership of the [Apartment/Plot];. (ii) The Allottee shall also have undivided proportionate share in the Common AreasAreas(excluding the roof right which shall be retained by the Developer). 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 Developer 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 [ApartmentApartment along withOpen/Plot] along with garageCovered/closed parking shall Mechanical parkingshall 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 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 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 he/she/they 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 Vendor/▇▇▇▇▇▇▇▇ agrees to sell to the Allottee Allottee/s and the Allottee Allottee/s 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 only) ("Total Price") (Give break up and description): Block/Building/Tower description):- Building Complex : ICONIC TOWER Unit No. Apartment No. : Type :Floor : Rate of Apartment per square feet* GST @ ……% TOTAL *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 Allottee/s to the Vendor/Promoter towards the [Apartment/Plot]; (ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Vendor/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 Vendor/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 Allottee/s to the promoter Vendor/Promoter shall be increased/reduced based on such change / modification; (iii) The Vendor/Promoter shall periodically intimate to the Allottee/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 Vendor/Promoter shall provide to the Allottee Allottee/s 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) Right to Park_ as provided in the Agreement. 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 Vendor/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 Vendor/Promoter shall enclose the said notification/order/rule/ rule/regulation to that effect along with the demand letter being issued to the Allottee/s, 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 “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 Vendor/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. /s. Provided that the Vendor/Promoter may make such minor additions or alterations as may be required by the Allottee/s, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] The Vendor/Promoter shall confirm the final carpet area that has been allotted to the Allottee Allottee/s 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 shallbe recalculated upon confirmation by the PromoterVendor. If there is any reduction in the carpet area within the defined limit then Vendor/Promoter shall refund the excess money paid by Allottee Allottee/s 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. /s. If there is any increase in the carpet area allotted to Allottee/s, the Vendor/Promoter shall demand that from the Allottee Allottee/s 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 Vendor/▇▇▇▇▇▇▇▇ agrees and acknowledges, the Allottee Allottee/s shall have the right to the Apartment/Plot] Apartment as mentioned below: (i) The Allottee Allottee/s shall have exclusive ownership of the [Apartment/Plot]; (ii) The Allottee Allottee/s shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee Allottee/s in the Common Areas is undivided and cannot be divided or separated, the Allottee 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 Allottee/s 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 Vendor/Promoter shall convey undivided proportionate title in the common areas to the association of allottees Allottee/s 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 Vendor/Promoter and the Allottee Allottee/s agrees that the [Apartment/Plot] Apartment along with garage/closed parking Right to Park 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. /s. 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/s that all other areas and i.e. areas and facilities falling outside the Project, namely “ICONIC TOWER” 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 Vendor/▇▇▇▇▇▇▇▇ agrees to pay all outgoings before transferring the physical possession of the apartment to the AllotteesAllottee/s, which it he 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 Vendor/Promoter fails to pay all or any of the outgoings collected by him/it from the Allottees Allottee/s or any liability, mortgage loan and interest thereon before transferring the apartment to the AllotteesAllottee/s, the Vendor/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 Allottee/s has paid a sum of Rs , Rs. (Rupees onlyOnly) 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 Vendor/Promoter hereby acknowledges and the Allottee Allottee/s hereby agrees to pay the remaining price of the [Apartment/Plot] Apartment as prescribed in the Payment Plan as may be demanded by the Vendor/Promoter within the time and in the manner specified therein: Provided that if the allottee Allottee/s 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, purchase the [Apartment/Plot] Apartment for residential use along with Parking (if applicable) as specified in paragraph H; para H of this Agreement. 1.2 The 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") (Give break up and description): Block/Building/Tower No). 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 ) (“Advance Amount”) paid by the allottee Allottee to the Promoter towards for the [Apartment/Plot]Apartment and Parking (if applicable); (ii) 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; 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. (iii) The Allottee agrees that 10% of the Total Sale Consideration shall be considered as booking amount for the purpose of this Agreement (“Booking Amount”). (iv) The Total Price as mentioned above includes Taxes applicable GST, fees, charges, levies, cess, development charges (consisting of tax paid or EDC &IDC), stamp duty payable on this Agreement and conveyance deed, registration charges and other incidental charges paid/ 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 taxestaxes/ charges/ fees/ levies etc. or any directions from any department, even if retrospective in effect, the subsequent amount payable by the allottee Allottee to the promoter Promoter shall be increased/reduced increased/ decreased based on such change / modification: 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; (iiiv) 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 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; (ivvi) 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/Plot] includes: 1) pro rata share but also of the Common Areas, internal development charges, infrastructure augmentation charges, external development charges, taxes/ fees/ levies etc., 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 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. (vii) 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. 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 taxes, charges / costs / duties / fees / levies which may be levied or imposed by the competent authority from time to time, even if retrospective in effect. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost/charges taxes, cost/ charges/ fees/ levies etc., 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. Similarly, in case of any decrease (including with retrospective effect, if any) in any of the charges / costs / duties / fees / levies that may be notified by a competent authority, the same shall be adjusted proportionately in favour of the Allottee from the final installment to be paid by the Allottee as set out in the Payment Plan, and such adjustment shall be made following the intimation of such decrease by the Promoter / competent authority, as the case may be at the time of possession. 1.4 The Allottee(s) shall make the payment of the Total Price 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 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 Promoter. Promoter unless agreed upon by the Allottee(s). 1.6 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. 1.7 If the Promoter is required to make any additional / upgraded specifications, fixtures, fittings and provide any additional amenities, over and above those provided under this Agreement and/or required as per existing rules and regulations, due to any change in the Applicable Law or as per requirement of the Allottee, then the Promoter shall be entitled to raise the demand of such additional amount as additional costs and charges and the Allottee agrees to pay the same. [Applicable The Allottee agrees to execute and register (if required), such other documents, as may be required by the Promoter in case this regard. 1.8 ▇▇▇▇▇▇▇▇ understands and agrees that all efforts shall be made to receive and distribute bulk supply of an apartment] electrical energy in the Project, and the Allottee agrees to abide by all the conditions of sanction of bulk supply. In such case, Allottee shall not apply for individual/ direct electrical supply connection to any authority responsible for supply of the same. Allottee undertakes to pay proportionate share as demanded by the Promoter of all deposits and charges paid/ payable to anybody/ commission/ regulatory/ licensing authority for the same. 1.9 Allottee may obtain finance from any financial institution/ bank for the purchase of the Apartment. However, it shall not be the responsibility of the Promoter to make arrangements or facilitate in sanctioning and disbursement of the loan to the Allottee and the Allottee’s obligation to make timely payments shall not be contingent upon the Allottee obtaining such financing. In cases of any circumstances, resulting in refund of the amount paid by the Allottee, if any, such refund shall be made by the Promoter directly to such financial institution / bank, subject to the deductions as agreed under this Agreement, and the same shall be deemed to have been refunded to the Allottee. No other claim, monetary or otherwise shall lie against the Promoter or the Apartment. 1.10 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 in a pro rata manner. If the increase in the Carpet Area of the Apartment is more than 5% (five percent), Promoter shall seek consent of the Allottee. In case the Allottee consents to the change then the Promoter may demand excess amount from the Allottee as per the next milestone of the Payment Plan as provided in Schedule C. In case, ▇▇▇▇▇▇▇▇ refuses to accept the increase, Promoter may offer a similar unit, subject to availability. If the Allottee accepts such alternate unit, the applicable increase or reduction in the Total Price resulting due to such change shall be payable by or refundable to the Allottee, as the case may be. Else, the Allottee shall be refunded the amounts received against the Total Price along with interest thereon, at the same rate per square feet as agreed and procedure prescribed in Clause 1.2 of this Agreementthe Rules. No other claim, monetary or otherwise, shall lie against the Promoter. 1.11 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]Apartment for residential usage; (ii) The Allottee shall also have right in undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separatedas provided under Rule 2(1)(f) of Rules, 2017 of the Allottee state of Haryana. 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 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 under Rule 2(1)(f) of Rules, 2017 of the Actstate of Haryana; (iii) That The Allottee has the computation right to visit the Project site to assess the extent of development of the price of the [Project and his/her/its Apartment, subject to feasibility/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 guidelines /timings as provided within the Project. It is made clear may be decided by the Promoter and Promoter. (iv) The Allottee shall have the Allottee agrees that right to exclusive use but no title to 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 independentallotted Parking, 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 if any. 1.12 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. 1.13 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 has paid a sum of Rs , (Rupees only) as booking amount being part payment towards acknowledges that the Total Price Promoter is responsible for development of the [Apartment/Plot] at Project within the time boundaries of application the receipt Project and all development outside the boundaries of which 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 hereby acknowledges 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 by the Allottee; 1.14 The Promoter/ its associates owns the Larger Land and propose to develop the remaining part of the Larger Land (excluding the Said Land) in a phased manner as and when deemed fit by the board of directors of the Promoter/its associates. It is agreed that a corporate restructuring exercise involving the Promoter/ and its associates may be undertaken to facilitate the development of the remaining area of Larger 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 Apartment or the Project shall not be prejudiced due to such restructuring. 1.15 The Allottee shall not have any right on any other part of the Larger Land (other than the Said Land) under the License, which does not form part of the Project. The Promoter /its associates plan to seek additional licenses, in addition to the License, and the Allottee shall have no objection to the grant of the said licenses and/or development thereunder. The development contemplated to be carried out on the Larger Land (other than the Said Land) may be demanded by simultaneous with or after the Promoter within development of the time and in Project. With respect to the manner specified therein: Provided developments and/or constructions that if may take place on the allottee delays in payment towards any amount for which is payable, he Larger Land (other than the Said Land) (i) no right or interest shall be liable created hereunder; and (i) no impression/ representation of any kind is given hereunder. 1.16 The Allottee confirms having obtained independent advice/ forming independent opinion on all the aspects and features before deciding to pay interest at proceed further. Accordingly, the rate specified in the Rules.Allottee confirms executing this Agreement with full knowledge and understanding of its terms and conditions, including their legal implications and all applicable laws. The execution of this Agreement is an independent, informed and une

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] Designated Apartment as specified in paragraph H; para G. 1.2 The Total Price (without tax) for the [Apartment/Plot] Designated Apartment and appurtenances based on the carpet area is Rs. (Rupees only and Taxes of Rs. ("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 (Package Price) Unit No. Type Rate of Plot Floor Exclusive balcony or verandah Included in Total Price above Exclusive Open Terrace Not applicable/Applicable Proportionate Common Area No Separate Charges Preferential Location Charges No Separate Charges Parking -1 No Separate Charges Parking – 2 Not Applicable/No Separate Charges Total Price (in rupees) without Taxes Other Charges As per square feet* Explanation:Schedule Taxes (The Goods and Service Tax and any other applicable tax on the Price shall be payable by the Allottee as per prevalent rates) As per prescribed rates, currently being 12%, amounting to Rs. /- Total Price in Rupees (i) The Total Price above includes the booking amount paid by the allottee to the Promoter towards the [Designated Apartment/Plot]; (ii) The Total Price above includes Taxes payable by the Allottee and also include 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 sale deed and/or handing over the possession of the [Apartment/Plot]: Designated 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 taxesTaxes payable by the allottee, 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 unless the increase is attributable to any act or omission of the Allottee or unless the increase is for the period prior to such completion/registration; (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 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 Designated Apartment includes recovery of price of appertaining land, construction of [Apartment/Plotnot only the Designated Apartment but also proportionately] includes: 1) pro rata share in the Common Areas; , internal development charges as per agreed specifications, external development charges as per agreed specifications, taxes, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and 2) plumbing, finishing with plaster of paris, tiles, doors, windows, fire detection and firefighting equipment in the common areas and includes cost for providing initial infrastructure in respect of all other facilities, amenities and specifications to be provided within the Designated Apartment and the Project described herein at Schedule "D" and Schedule "E" (“facilities, amenities and specifications”). 1.3 The Total Price is escalation-free, save and except increases which the Allottee hereby agrees to pay, pay or 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 unless the increase is attributable to any act or omission of the Allottee or unless the increase is for the period prior to such completion/registration. 1.4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule C "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 such rate of percentage per annum if so and as may be mutually agreed between the Promoter and Allottee for the period by which the respective installment has been preponed. The provision provision, if any agreed, 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 sanctioned/modified 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.) 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. Provided that the Promoter may use alternative similar substitutes in respect of any item of specifications, fixtures, fittings and amenities and/or may against extra costs payable by the Allottee make such minor additions or alterations as may be required by the Allottee, 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 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 beyond 3% of the defined limit area specified herein, then the 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 found to have been 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 Allotteeallottee, the Promoter shall may demand that the increased amount for upto 3% increase 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. [* or such other certificate by whatever name called issued by the competent authority.] 1.8 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] Designated Apartment as mentioned below:. (i) The Allottee shall have exclusive ownership of the [Designated Apartment/Plot];. (ii) The Allottee shall also have undivided proportionate share in the Common AreasAreas as members of the Association. 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, them and as per 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 applicablerules made in this respect. 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] Designated Apartment includes recovery of price of appertaining land, construction of [not only the Designated Apartment but alsoalso proportionately] the Common Areas, internal development chargescharges as per agreed specifications, external development charges, taxescharges as per agreed specifications, cost of providing electric wiring, electrical connectivity to the apartment, lift, water line and plumbing, finishing with plaster of paris, tiles, doors, windows, fire detection and firefighting equipment in the common areas etc. and includes cost for providing all other facilities as initial infrastructure necessary for the facilities, amenities and specifications to be provided within the Designated 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 subject to the safety guidelines. 1.9 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Designated 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 as per Schedule E 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 Designated 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 (taken by the Promoter) and interest on mortgages mortgages, or other encumbrances (save and except the First Partition Suit and Second Partition Suit mentioned in the Chain of Title below) and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the projectDesignated Apartment and created by the Promoter). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees Allottee or any liability, mortgage loan (taken by the Promoter) and interest thereon before transferring the apartment Designated 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 , 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 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): Only 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* 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) Right to Park One Car 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 D ("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-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 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 that the [Apartment/Plot] Apartment along with garage/closed parking Right to Park One Car 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 “GREEN RETREAT” 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 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 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 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] Apartment at the time of application 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 and the Allottee hereby agrees to purchase, the [Apartment/PlotApartment ] as specified in paragraph H; The Total Price for the [Apartment/PlotApartment ] 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/PlotApartment ]; (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/PlotApartment ] 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 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. 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/) Block / Building / Tower No. No .............................. Apartment No. Type no.............. Type................ Floor ................ Rate of Apartment per square 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] 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 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 / I 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-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 instalment has been preponed. The provision for allowing rebate and such rate rule 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 ‘1shall 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] 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 pot 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 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] Plotl 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] Plotj 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: Deed of Conveyance

Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter Owner 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. Rs.14,00,000/- (Rupees Fourteen lakhs only ("Total Price") (Give break up and description): Block/Building/Tower Nono. Apartment No. R.R.Apartment Type Residential Floor G+4 Rate of Apartment per square feet* Rs. 2800/-. *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 NoGarage/Closed parking - 1 Price for 1 Rs. Type Rate of Plot per square feet* 4,00,000/- Explanation: (i) The Total Price above includes the booking amount paid by the allottee to the Promoter Owner towards the [Apartment/Apartment/ Plot]; (ii) The Total Price above includes Taxes (consisting of tax paid or payable by the Promoter owner 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 Owner 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 owner 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 owner 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 owner 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 owner 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 owner 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 Owner 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 owner 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 Owner 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 Owner 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 Owner 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 1,00,000/-(Rupees one lakh 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 to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] said Unit as specified in paragraph H; Schedule-B of this Agreement. 1.2 The Total Price for the [Apartment/Plot] said Unit based on the carpet super area is Rs. (Rupees only ("Total Price") (Give break as per detailed break-up and description): Block/Building/Tower No. Apartment No. Type Floor Rate given in Schedule-D 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:this Agreement. (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 (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST, CGST, if any as per lawGST , 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]said Unit 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 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 said Unit includes recovery of price of land, construction of [Apartment/Plotnot only the said Unit 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 Unit , lift, water line and 2plumbing, 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 said Unit and the Project. (v) The Allottee(s) has agreed that out of the amount(s) paid/ payable by him for the said Unit allotted to him, the Promoter shall treat 10 % of total price of said Unit as booking amount to ensure fulfillment, by the Allottee(s) of all the terms and conditions as contained in this 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. 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 D ("“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. It is agreed . 1.6 The Allottee(s) agrees that the Promoter shall not may make any additions changes to the approved layout plan, sanctioned plan of the Project, specifications of the Unit 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 with required prior consent of the AllotteeAllottee(s). Provided that the The Promoter may is entitled to make such minor additions or alterations as may be required by the Allottee, Allottee(s) or such minor changes or alterations as per may be necessary due to architectural and structural reasons duly recommended and verified by an authorized Architect or Engineer after proper declaration and intimation to the provisions Allottee(s). 1.7 Subject to prior consent of the ActAllottee(s), the Promoter may make changes to the specifications shown in the brochure/ pamphlet/ advertisings etc. AND/OR the Promoter may on its own provide any additional/ better specifications and/or facilities other than those mentioned in the brochure/ pamphlet/ advertisings etc. as required due to technical or aesthetic reasons for the overall betterment of the said Project/ said Unit including due to non-availability of certain materials of acceptable quality and price or due to popular demand on payment of additional charges by allottee as and when demanded by the Promoter. 1.8 [Applicable in case of an apartmenta floor/flat/villa/office space/shop/Shop cum office/Booth] 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 said Unit 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 D. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause para 1.2 of this Agreement. . 1.9 Subject to Clause para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] said Unit as mentioned below: (i) : i The Allottee shall have exclusive ownership of the [Apartment/Plot]; (ii) said 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 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 ; iii The computation of the price of the [Apartment/Plot] said Unit includes recovery of price of land, construction of [not only the Apartment said Unit but also] the Common Areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the said Unit, 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 said Unit 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] 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 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. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees agrees 1.2 to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] Apartment as specified in paragraph H; para-G. 1.3 The Total Price for the [Apartment/Plot] Apartment based on the carpet area is Rs. /- (Rupees only ("Total Price"Lacs only) (Give break up and description): Block/Building/Tower No. excluding GST & Registration Charges Apartment Nono. Type ___ Floor Rate of Apartment per square feet* Rs /- Cost of apartment /- Cost of exclusive balcony or veranda areas /- Cost of exclusive open terrace areas NIL Proportionate cost of common areas /- Preferential location charges NIL Taxes /- Maintenance Charges NIL Cost of car parking space /- Total price (in rupees) Rs /- *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 NoCovered parking charges are Rs /- + GST . Type Rate of Plot Common, Covered and open parking has been provided as per square feet* sanctioned plan approved by Kolkata Municipal Corporation Explanation: (i) The Total Price above includes the booking amount paid by the allottee allottees to the Promoter towards the [Apartment/Plot];. (ii) The Total Price above includes does not include Taxes (consisting of tax paid or payable by the Promoter by way of GST and Cess or Value Added Tax, Service Tax, GSTStamps Duty, CGSTRegistration Fees, if any as per law, Other legal expenses 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 allottees 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 allottees 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 allottees; (iii) The Promoter shall periodically intimate in writing to the AllotteeAllottees, the amount payable as stated in (i) above and the Allottee Allottees 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 Allottees 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 includes recovery of price of land, constructionof [Apartment/Plot] includes: 1) pro rata share in 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 and the Project. 1.4 The Total Price is escalation-free, save and except increases increases, which the Allottee Allottees hereby agrees agree 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 leviedor imposed by the competent authority from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee Allottees 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 AllotteeAllottees, 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. 1.5 The Allottee(s) Allottees 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. . 1.6 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 AllotteeAllottees as per the provisions of the Act. Provided that the Promoter may make such minor additions or alterations as may be required by the AllotteeAllottees, 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 Allottees 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 then the defined limit then Promoter shall refund the excess money paid by Allottee Allottees 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 AllotteeAllottees, the Promoter shall may demand that from the Allottee Allottees 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 Allottees shall have the right to the Apartment/Plot] Apartment as mentioned below: (i) The Allottee Allottees shall have exclusive ownership of the [Apartment/Plot]; (ii) The Allottee Allottees shall also have undivided proportionate share in the Common AreasCommonAreas. Since the share / interest of Allottee Allottees in the Common Areas is undivided and cannot be divided or separated, the Allottee Allottees 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 plumbing, finishing with paint, marbles, tiles, doors, windows, firedetection 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 and the Project. ; (iv) The Allottees have the right to visit the project site to assess the extent of development of the project and their apartment, as the case may be. 1.9 It is made clear by the Promoter and the Allottee agrees Allottees agree that the [Apartment/Plot] Apartment along with garage/closed the allotted 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 AllotteeAllottees. 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 payableto 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 Rs. __ _/-(Rupees only) as part booking amount being part payment towards the Total Price of the [Apartment/Plot] Apartment at the time of application the The receipt of which the Promoter hereby acknowledges and the Allottee Allottees hereby agrees agree 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 allottees delay in payment towards any amount for which is payable, he shall be liable to pay interest at the rate specified in the Rulesof 10%.

Appears in 1 contract

Sources: Sale Agreement

Terms. Subject to the terms and conditions as detailed in this Agreement, the Promoter Owner/▇▇▇▇▇▇▇▇ 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 Owner/Promoter towards the [Apartment/Apartment/ Plot]; (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, 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]: Provided that in case there is any change / modification in the taxes, the subsequent amount payable by the allottee to the promoter Owner/Promoter shall be increased/reduced based on such 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/ 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 Owner/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 Owner/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 Owner/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 Owner/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. Provided that the Owner/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 Owner/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 Owner/Promoter. If there is any reduction in the carpet area within the defined limit then Owner/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 Owner/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 Owner/▇▇▇▇▇▇▇▇ agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot] as Apartmentas 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 Owner/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 Apartmentincludes 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 Owner/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 Apartmentat the time of application the applicationthe receipt of which the Owner/Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment/Plot] as Apartmentas prescribed in the Payment Plan as may be demanded by the Owner/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 Promoter/Developer agree to sell to the Allottee ALLOTTEE the Said Unit And Appurtenances and the Allottee ALLOTTEE hereby agrees to purchasepurchase the Said Unit And Appurtenances, the [Apartment/Plot] as specified described in paragraph H; Schedule below. 1.2 The Total Price (excluding Goods and Service Tax) payable for the [Apartment/Plot] based designated apartment (Said Unit and Appurtenances) bases on the carpet area Carpet Area is Rs. /- (Rupees only) and other costs and deposits amount is Rs. /- (Rupees only) and Taxes Rs. (Rupees only only) aggregating to Rs. /- ("Rupees only) [Total Price") (Give break up and description): Block/Building/Tower ]: Building No. Apartment Rate of Said Unit and Appurtenances per Sq. Ft (to be delivered from amounts as per carpet area) Unit No. – Type – (Residential/ Commercial) Floor Rate -- Rs. -- Exclusive balcony or Verandah Included in Total Price above Exclusive open terrace Rs. /- Closed Parking Rs. /- a) Total price (in Rupees) Without Taxes Rs. /- (Rupees only) Taxes (The Goods and Service Tax and any other Applicable tax on the total Price shall be payable by the Allottees as per prevalent Rates) As per prescribed rates, currently being % amounting to Rs. /- (Rupees only) b) Other Costs b1) Transformer Charges & Electricity connection Deposits B2) Diesel Generator Power backup Generator Charges for limited backup B3) Club charges (if any) B4) AC Copper wiring & Cabling charges B5) Association Formation charges B6) Legal documentation Charges Others (if any) c) Deposits C1) Advance Maintenance Charges C2) Interest free maintenanc Deposit/sinking fund C3) Gram Panchayet deposit Taxes (The Goods and Service Tax and any other Applicable tax on the total Price shall be payable by the Allottees as per prevalent Rates) As per prescribed rates, currently being % amounting to Rs. /- (Rupees only) Total price in Rupees Rs. /- (Rupees only) Aggregate 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 etcMentioned in Sl. [AND] [if/as applicable] Plot NoNos. Type Rate of Plot per square feet* Explanation:b1 to B6 and c1 to c3 referred to As Other Costs and Deposits Amount (i) The Total Price and Taxes and Other costs and deposits amount above includes the booking amount paid by the allottee ALLOTTEE to the Promoter Promoter/Developer towards the [ApartmentSaid Unit And Appurtenances and the Promoter/Plot];Developer shall receive the Total Price in terms of the Development Agreement. (ii) The Total Price above includes Taxes payable by the Allottee and also includes Taxes (consisting of tax paid or payable by the Promoter Promoter/Developer by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, law and Cess or any other similar taxes which may be levied, levied in connection with the construction of the Project project payable by the Promoter/Developer) up to the date of handing over the possession of the [Apartment/Plot]: Unit to the Allottee and/or date of Sale Deed registered in favour of the Allottee. Provided that in case there is any change / change/modification in the taxes, Taxes payable by the Allottee the subsequent amount payable by the allottee to the promoter Promoter/Developer shall be increased/reduced based on such change / change/modification;. (iii) The Promoter Promoter/Developer shall periodically intimate in writing to the AllotteeALLOTTEE, the amount payable as stated in (i) above the Payment Schedule below and the Allottee ALLOTTEE shall make payment as demanded by the Promoter/Developer within 30 (thirty) days from the date of such written intimationintimation and in the manner specified therein. In addition, the Promoter Promoter/Developer 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;. (iv) The Total Price of [Apartment/Plot] includes: 1the Said Unit And Appurtenances includes (i) pro rata share in Common Area and (ii) cost of Parking facility if any, as provided in the Common Areas; Agreement. (v) The Total Price and 2) Taxes and Other Costs and Deposits Amount does not include Other Costs whose amounts are not yet finalized and the same shall be payable by the Allottee additionally. 1.3 The Total Price is escalation-free, save and except escalations/increases which the Allottee ALLOTTEE hereby agrees agree to pay, pay due to increase on account of development charges payable to the competent authority authority/Local Bodies/Government and/or any other increase in charges which may be levied or imposed by the competent authority authority/Local Bodies/Government from time to time. The Promoter Promoter/Developer undertakes and agrees that while raising a demand on the Allottee ALLOTTEE for increase in development charges, cost/charges imposed by the competent authoritiesauthority/Local Bodies/Government, the Promoter Promoter/Developer shall enclose the said notification/notification/ order/rule/ regulation rule/regulation/demand, published/issued to that effect along with the demand letter being issued to the AllotteeALLOTTEE, which shall only be applicable on subsequent payments . payments. 1.4 The Allottee(s) Allottee shall make the payment as per the payment plan applicable for Down Payment/Installment Payment Plan set out in the Schedule C below ("Payment Plan"). The Promoter may allow, in its sole discretion, a rebate for early payments of installments payable by . 1.5 Except as disclosed to 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/withdrawalin this Agreement, once granted to an Allottee by the Promoter. It it is agreed that the Promoter 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 described therein herein at the Schedule below in respect of the apartment, plot or building, as the case may beSaid Unit, without the previous written consent of the AllotteeALLOTTEE as per the provisions of the Act. Provided that the Promoter Promoter/Developer may at its sole discretion against extra costs payable by the Allottee, make such minor additions or alterations as may be required by the AllotteeALLOTTEE, or such minor changes or alterations as per the provisions of the Act. [Applicable in case of an apartment] . 1.6 The Promoter Promoter/Developer shall confirm the final carpet area that has been allotted to the Allottee ALLOTTEE after the construction of the Said 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/Developer. If there is any reduction in the carpet area within the defined limit then Promoter the Promoter/Developer shall refund the excess money paid by Allottee the 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 AllotteeALLOTTEE. If there is any increase in the carpet area allotted to Allotteearea, the Promoter Promoter/Developer shall demand that additional amount from the Allottee ALLOTTEE as per the next milestone of the Payment PlanPlan which shall be payable by the ALLOTTEE prior to taking possession of the Said Unit. All these monetary adjustments It is clarified that the payments to be made by the Promoter/Developer/ ALLOTTEE, as the case may be, 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 agreed. 1.7 The Promoter/▇▇▇▇▇▇▇▇▇ agrees and acknowledges, acknowledges that the Allottee ALLOTTEE shall have the right following rights to the Apartment/Plot] as mentioned belowSaid Unit And Appurtenances: (i) The Allottee ALLOTTEE shall have exclusive ownership of the [Apartment/Plot];Said Unit. (ii) The Allottee ALLOTTEE shall also have undivided proportionate share in the Common AreasAreas as members of the Association. Since the share / share/interest of Allottee the ALLOTTEE in the Common Areas of the Real Estate Project is undivided and cannot be divided or separated, the Allottee ALLOTTEE shall use the Common Areas of the Real Estate Project along with the Promoter, Owners, other occupantsoccupants/ ALLOTTEES of the Project, maintenance staff etc., without causing any inconvenience or hindrance to themthem and as per the rules made in this aspect including the House Rules. Further, the right of the Allottee to use the Common Areas Area shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter Promoter/Developer shall convey undivided proportionate title hand over the Common Areas of the Real Estate Project (described in the common areas Schedule below) to the association of allottees ALLOTTEE, once the same is formed by the occupants, and 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 And Appurtenances includes recovery of price of appertaining land, construction of [not only the Apartment Said Unit but alsoalso proportionately] the Common Areas, internal development charges, as per agreed specifications, external development chargescharges as per agreed specifications, taxes, and includes cost of for providing electric wiring, fire detection and firefighting fire fighting equipment in the common areas etc. if applicable and includes cost for providing all other facilities as initial infrastructure necessary for the facilities, amenities and specifications to be provided within the Said Unit and the Project. . (iv) The ALLOTTEE has the right to visit the Real Estate Project site to assess the extent of development of the Project and his apartment, subject to prior consent of the Project engineer and complying with all safety measures while visiting the site. 1.8 It is made clear by the Promoter Promoter/Developer and the Allottee ALLOTTEE agrees that the [Apartment/Plot] Said Unit along with garage/closed parking the Said Parking Space if any, shall be treated as a single indivisible unit for all purposes. It is agreed that the Real Estate Project is an independent, self-contained Project project covering the said Land Project Property 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. It is clarified that the Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project. ALLOTTEEs expressly mentioned in this Agreement. 1.9 It is understood by the Allottee that all other areas and i.e. area i.e areas and facilities falling outside the Project, namely Project shall not form a part of the declaration to be filed with the Competent Authority in accordance with the West Wet Bengal Apartment Ownership Act, 1972 1972. 1.10 The Promoter Promoter/▇▇▇▇▇▇▇▇▇ 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 panchayet 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 any). If the Promoter 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 AllotteesALLOTTEE, the Promoter 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. . 1.11 The Allottee 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.Rupees

Appears in 1 contract

Sources: 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/PlotApartment ] as specified in paragraph H; para G. 1.2 The Total Price for the [Apartment/PlotApartment ] 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* Garrage/Covered parking-1 Total price (in rupees) *Provide break up of The amounts includes the amounts such as cost of apartment, cost of exclusive balcony of verandah areas, cost of exclusive open terrace areas, proportionate cost of common areas, preferential location charges, taxes 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 Developer towards the [Apartment/Plot];apartment (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 levied, apart from GST which shall be extra, in connection with the construction of the Project payable by the PromoterDeveloper , by whatever name called) up to the date of handing over the possession of the [Apartment/Plot]Apartment to the allotee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the completion certificate : Provided further that in case if there is any change / modification increase in the taxestaxes 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 subsequent amount payable by same shall not be charged from the allottee to the promoter shall be increased/reduced based on such change / modificationallottee; (iii) The Promoter Developer 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 Developer within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter Developer 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 ] [Apartment/Plotincludes recovery of price of land, construction of [not 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 II 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, 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 Developer 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 Developer 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 „C‟ ("“Payment Plan"”). . 1.5 The Promoter Developer 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. Developer . 1.6 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 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 Developer 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 Developer 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 charges, 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 then the defined limit then Promoter Developer 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 Developer may demand that from the Allottee as per the next milestone of the Payment PlanPlan as provided in Schedule „C‟ . All these thes 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 Developer agrees and acknowledges, the Allottee shall have the right to the Apartment/Plot[Apartment ] as mentioned belowbelow : (i) The Allottee shall have exclusive ownership of the [Apartment/PlotApartment ]; (ii) The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / shar interest of Allottee in the Common Areas is in 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 Developer 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 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 , 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 the Apartment , as the case may be. 1.9 It is made clear by the Promoter Developer and the Allottee agrees that tht the [Apartment/PlotApartment ] 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.with

Appears in 1 contract

Sources: Sale Agreement

Terms. 1.1 Subject to the terms and & conditions as detailed in this Agreement, the Promoter Promoters hereby agrees to sell to the Allottee Allottee(s) and the Allottee Allottee(s) hereby agrees to purchase, the [Apartment/Plot] purchase and receive said Unit as specified in paragraph H; para "Y" hereinabove. 1.2 The Total Price for basic sale consideration of the [Apartment/Plot] based on the carpet area Unit is Rs. 1- (Rupees only only) calculated @Rs. I-(Rupees only)persq.ft.of Super Built Up Area or calculated @ Rs. 1 Rupees ------------------- only) per sq. ft. of Carpet Area, including consideration for exclusive balcony (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 following charges, deposits, etc (hereinafter referred to as "Additional Payments"): a) Maintenance charges as per clause 9: Rs. /- (Rupees only); b) Proportionate cost of insurance of Project Land and Project: Rs. /- (Rupees only); 1.4 The Basic Sale Consideration of Unit and Additional Payments in respect of the Unit aggregates to Rs. /- (Rupees only), which shall hereinafter be referred to as "Total PricePayable Amount") (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) 1.5 The Total Price Payable Amount above includes the booking amount amounts of Rs (Rupees ) paid by the allottee Allottee(s) to the Promoter No.2 towards the [Apartment/Plot];said Unit. All other charges, which are specifically mentioned in this Agreement and does not form part of the Total Payable Amount, shall be paid by the Allottee(s) in addition to Total Payable Amount as per this Agreement. (ii) The 1.6 Total Price Payable Amount does not include GST, stamp duty, registration charges and any other charges applicable at the time of registration of this Agreement, Sale Deed, Sub- Lease Deed, etc. in respect of the said Unit, which shall be exclusively borne and paid by the Allottee(s). Further, the Total Payable Amount above includes Taxes (consisting of tax paid or does not include upfront maintenance charges, which shall determined by the Promoter No.2 and shall be reasonable charges 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 Common Facilities of the Project payable are not taken over by the Promoter) up Maintenance Association within 30 days of receipt of completion certificate of Said Project.. The Allotee shall be liable to the date of handing over the possession of the [Apartment/Plot]: pay GST, if applicable, at applicable Rates, from time to time, as & when demanded by Promoter No.2. Provided that in case there Page 9 of40 ~ 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 NO.2 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 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(s). (iii) 1.7 The Promoter NO.2 shall periodically intimate to the AllotteeAllottee(s), the amount payable as stated in (i) above payment plan attached herewith as Schedule-G and the Allottee Allottee(s) shall make payment demanded by the Promoter NO.2 within 30 (thirty) days from the date of such written intimationtime and in the manner specified therein. In addition, the Promoter NO.2 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 charge, cost of providing electric wiring, electrical connectivity to 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, maintenance charges as per clause 9 etc. and 2) includes cost for providing all other facilities, amenities and specification to be provided within the said Unit and the Project. 1.9 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 chargesllevies/taxes which may be levied or imposed by the competent authority authority, from time to time. The Promoter NO.2 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 No. 2 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 Page 10 of 40 andhomes llP 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 to any revision/withdrawalcharged from the Allottee(s) 1.10 As mentioned in para 'X' above, once granted to an Allottee by the Promoter. It is agreed that the Promoter No. 2 has already received an advance/ booking amount from the Allottee(s) a sum of Rs. /- (Rupees only) out of the Total Payable Amount of Rs. /-(Rupees only) and 1.11 The Promoter NO.2 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 - Hand 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 NO.2 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 NO.2 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 of an apartment] . 1.12 The Promoter NO.2 shall confirm to the final carpet area Carpet Area and Super Built Up Area that has been allotted to the Allottee Allottee(s) 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 areaSuper Built Up Area/Carpet Area. The total price Total Price payable for the carpet area Super Built Up Area shall be recalculated upon confirmation by the PromoterPromoter NO.2. If there is any reduction in the carpet area within Carpet Area/Super Built Up Area then the defined limit then Promoter NO.2 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, from the date when such an excess amount was paid by the AllotteeAllottee(s). If there is any increase in the carpet area Carpet For Uniqueshree ▇▇▇▇▇▇▇ Lan mes LLP Area/Super Built Up Area, which is not more than three percent of the Carpet Area/Super Built Up Area of the said Unit, allotted to Allotteethe Allottee(s), the Promoter shall NO.2 may demand that from the Allottee Allottee(s) as per the 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 clause 1.2 of this Agreement. above. 1.13 Subject to Clause 9.3 clause 8.3, the Promoter Promoters agrees and acknowledges, the Allottee Allottee(s) shall have the right to the Apartment/Plot] said 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 Project. Since the share / share/ interest of Allottee Allottee(s) in the Common Areas common areas of the 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 Promoters shall convey undivided proportionate title in handover the common areas Common Areas and Facilities of 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 land, construction of [of, not only the Apartment said Unit but also] , the Common Areascommon areas, internal development charges, external development charges, taxes, cost of providing electric wiring, electrical connectivity to the said Unit, 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 clause 9 etc. and includes cost for providing all other facilities as facilities, amenities and specification to be provided within the said Unit and the Project; (iv) The Allottee(s) has the right to visit the Project site to assess the extent of development of the Project and his Unit. 1.14 The Promoter NO.2 has earmarked parking space of the Allottee(s) at of parking area under the Chief Minister Jan Awas Yojana, 2015 and for proper management and utilization of parking area of the Project and. It is made clear by the same has been annexed herewith as Annexure- IV. 1.15 The Allottee(s) if fails to occupy the said Unit within one year from the date of possession of the said Unit, the Promoter and the Allottee agrees that the [Apartment/Plot] along with garage/closed parking NO.2 shall be treated as a single indivisible unit for all purposes. It is agreed that entitled to cancel the Project is an independent, self-contained Project covering allotment and allot the said Land Unit to other applicant in the waiting list as per the provisions of Chief Minister Jan Awas Yojana, 2015. I. J 6 The Allottee(s) agrees and is not a part understands that except as expressly provided in para 'Y' herein-above, Allottee(s) shall have no ownership claim or right of any other project or zone and shall not form a part nature in respect of and/or linked/combined with any other project un-allotted saleable spaces 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 Such un-allotted saleable spaces shall remain the Allottee that all other areas and i.e. areas and facilities falling outside the Project, namely shall not form a part exclusive property of the declaration Promoters, which they shall be free to be filed with the Competent Authority deal with, in accordance with Applicable Laws. I. J 7 The Allottee(s) hereby agrees and acknowledges that the West Bengal Apartment Ownership ActPromoters shall not be under any obligation to provide any services and/or facilities except as specifically mentioned in this Agreement. 1. J8 The Allottee(s) shall not be entitled to sell, 1972 The Promoter agrees to pay all outgoings before transferring transfer the physical possession said Unit for a period of 10 years after the apartment to the Allottees, which it has collected from the Allottees, for the payment allotment 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)said Unit. If the Promoter fails to pay all or any In case of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allotteessale of said Unit within 10 years of allotment, the Promoter agrees No. 2 shall be entitled to be liable, even after cancel the transfer allotment and conveyance deed of the property, said Unit and allot the said Unit 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 other applicant 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 Ruleswaiting list.

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; . 1.2 The Total Price for the [Apartment/Plot] Apartment based on the carpet Super built up/Saleable area measuring more or less about Sq. ft. is Rs. /- (Rupees only ("Total Price"_ ) (Give break up and description): Block/Building/Tower Noonly. Apartment No. Type Floor – Floor, Side Total Carpet Area including exclusive Balcony area - Sq.ft. and total Super built up/Saleable area - Sq.ft. more or less Rate of Apartment per square feet* *Provide break up Square Feet of Super built up/Saleable area: Rs. /- Cost of the amounts such as cost Apartment including exclusive Balcony or Verandah areas Rs. /- Cost of apartment, proportionate cost exclusive Open Terrace Rs. N.A. Preferential Location Charges Rs. N. A. Cost of common areas, preferential location charges, taxes etc. [AND] [if/as applicable] Plot Car Park No. Type Rate Rs. /- Total Consideration for the Apartment including Car Park Rs. /- GST @ % Rs. /- More fully mention in Para-I of Plot per square feet* Explanation:the Payment Plan (Schedule-C) hereinafter. (i) The Total Price above includes the booking amount paid by the allottee 1.3 In addition to the Promoter towards the [Apartment/Plot]; (ii) The Total Price above includes Taxes (consisting of tax paid or all other payments shall be payable by the Promoter by way of Value Added TaxAllottee as mentioned in Payment Plan, 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 part-II 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;part IV (Schedule-C) (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) 1.4 The Total Price of [Apartment/Plot] includes: 1) pro rata share in the Common Areas; and 2) The Total Price is escalation-freePrice, 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 . 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. payments. 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 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] amenities 1.6 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, any in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If , 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 Rulesdays, 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 demand that from the Allottee as per the next milestone of the Payment Planpayment 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] Apartment 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 hand over the common areas to the association Association of allottees Allottees after its formation and duly obtaining the completion certificate/occupancy 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 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 (if required by the Concerned Building Plan Sanction Authority), 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. (▇▇▇▇▇ to take concern from developer). 1.8 It is made clear by the Promoter and the Allottee agrees that the [Apartment/Plot] Apartment along with garagecovered/closed open/mechanical parking space shall be treated as a single indivisible unit for all purposes. It is agreed that The Developer/ Promoter can extend his Project keeping in view to use the Project is an independent, self-contained Project covering land and all the amenities and facilities of 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 . 1.9 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment 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 its from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment 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. payable. 1.10 The Allottee has paid a sum of Rs , Rs. /- (Rupees only) as booking amount only 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 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 Agreementagreement, the Promoter Promoter/▇▇▇▇▇▇▇▇▇ agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment/Plot] as Apartmentas specified in paragraph H; para F. 1.2 The Total Price price for the [Apartment/Plot] based Apartment on the carpet area is Rs. 41,30,000/- (Rupees Forty One Lakhs Thirty Thousand) only exclusive of the ("Total Price"Transformer & Generator Installation, Legal, AmenitiesFacilities and Maintenance, Fire)Charges exclusive of the GST (as applicable) (Give break up and description): Block/Building/Tower No. to be paid by the Allottee: Apartment No. Type Floor Apartment/Flat Carpet Area Sq.ft. Apartment/Flat Super Built-up Area Sq.ft. Rate of Apartment apartment per square feet* *Provide break up feet of Carpet Area: Rs. /- Apartment price: Rs. /- One covered parking price: Rs. /- Total price for the Apartment & one covered parking exclusive of the amounts such as cost of apartment(Transformer & Generator Installation, proportionate cost of common areasLegal, preferential location chargesAmenities and Maintenance, taxes etc. [AND] [if/Fire) Charges & GST (as applicable] Plot No) to be paid by the Allottee: Rs. Type Rate of Plot per square feet* Explanation:/- (Rupees) only (i) The Total Price price above includes the booking amount Booking Amount amounting to Rs.………………………./- (Rupees ……………………….only) excluding GST paid by the allottee Allottee to the Promoter Promoter/Developer towards the [Apartment/Plot]; (ii) The Total Price total price above includes Taxes taxes (consisting of tax paid or payable by the Promoter Promoter/Developer by way of Value Added Tax, Service Tax, GST, CGST, if any as per law, GST 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/Developer, 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 allottee or the competent authority, as the case may be, after completion of the project and/or 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/Developer shall be increased/reduced based on such change / modification/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, 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 AllotteeAllotee, 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 land, construction Construction of [(not only the Apartment but also] ) the Common Areas, internal development charges, external Internal 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 27.10 etc. and includes cost for providing all other facilities as facilities, amenities and specification 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 sel l 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 Apartment (having Plot Area of Sq. Ft) based on the Total carpet area is Rs. _ (Rupees only ("" Total PricePrice ") (Give break up and description): Block/Building/Tower Nono. Apartment Nono. 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 Plot : Rs. / - (b) Cost of Exclusive Balcony : NIL (c) Cost of Exclusive Open Terrace Areas : NIL (d) Proportionate Cost Of Common Area : NIL (e) Preferentia l Location Charges (If Applicable) : Rs. / - (f) Taxes : Rs. / - (g) Maintenance Charges as per Para 11 : Rs. _per month (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 th e 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* 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 to the Promoter towards the [Apartment/Plot]Plo t; (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 PromoterP romoter, 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 pay able 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 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, water line, 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-escalation - free, save and except increases increases, which the Allottee hereby agrees to pay, due to increase on account bec ause 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 app licable 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 extensio n 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 an d specifications and the nature of fixtures, fittings and amenities described therein with the advertisement, prospectus etc., on the basis of which sale is effected) in respect of the apartmentapartment , 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] . 1.7 The Promoter shall confirm to the final carpet Plot area that has been allotted to the Allottee after the construction development of the Building Plot 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 Plot area. The total price payable for the carpet Plot area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet Plot area within then the defined limit then Promoter shall refund re fund 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 Pot area, which is not more than thre e percent of the area of the Plot, 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 a s 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] 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 with out 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 Tha t 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 electrical connectivity to the plot, wate r line and firefighting equipment in the common areas plumbing , 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 Plot and the Project. ; (iv) The Allottee has the right to visit the project site to asses s 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 th e 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 Projec t is an independent, self-contained 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 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 d eclared 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, connecti ng 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 part be entitled to demand any such common amenity/facility/service, any time prior to the completion of such Phase of the declaration Project, along with which the development, completion, use and enjoyment of suc h amenity/facility/service is declared to be filed 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 pa rt of the Co - ordination roads or other connecting services, which are to be 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 su ch connecting services. 1.10 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 muni cipal 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. . 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 acknowled ges 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 paymen t 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 (Plots)

Terms. 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees agree/s 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; 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 Nono. GRANDEUR TOWER/ MYRIAD TOWER Apartment Nono. Type Floor Rate of Apartment per square feet* *Provide break up feet of Carpet Area = Rs. /- per Sq. ft. as per unit charge details appearing hereunder written: CARPET AREA OF THE APARTMENT: SQ.FT UNIT CHARGES DETAILS: PARTICULARS RATES PER SQ.FT.OF TOTAL BASIC PRICE @ /- Rs. /- ESCALLATION @ -/- Rs. /- EDC @ /- Rs. /- COST OF EXCLUSIVE BALCONY @ /- Rs. /- Cost of exclusive balcony @ /- Rs. /- COST OF EXCLUSIVE OPEN TERRACE AREAS @ /- Rs. /- PROPORTIONATE COST OF COMMON AREAS, @ /- Rs. /- PREFERENTIAL LOCATION CHARGES @ /- Rs. /- TOTAL = TAXATION: PARTICULARS On Cost of total Consideration TOTAL GST/VAT/S.T/CESS (As Applicable) / or other Taxes and imposition payable @ % on cost of consideration Rs. TOTAL Rs. MAINTENANCE & MUNICIPAL TAXES & IMPOSITION PARTICULARS Details of Payment TOTAL Monthly Maintenance @ /- per Sq. ft. of carpet area of the amounts such Flat subject to variation time to time as cost would be determined in the project commonly Rs. Municipal Taxes Tentatively @ Rs. /- per Sq. ft. subject to variation time to time as would be levied by the Concerned Municipality chargeable till before Mutation & separation of apartment, proportionate cost Assessment for the subject Flat Rs. Advance Maintenance @ /- per Sq. ft. of common areas, preferential location charges, taxes etccarpet area of the Flat. [AND] [ifRs. TOTAL Rs. GARAGE/as applicable] Plot NoCOVERED CAR PARKING DETAILS: PARTICULARS RATES PER CP. Type Rate of Plot per square feet* TOTAL Garage/Covered Car Parking @ Rs. /-/Nil Rs. /-/Nil Garage at the Basement /Covered Basement Car Parking @ Rs. /-/Nil Rs. /-/Nil TOTAL PRICE IN RUPEES = Explanation: (i) The Total Price above includes the booking amount paid by the allottee Allottee/s 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, by whatever name called) up to the date of handing over the possession of the [ApartmentApartment to the Allottee/Plot]s and the project to the association of Allottee/s 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 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/s; (iii) The Promoter shall periodically intimate in writing to the Allottee/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 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 Apartment together with proportionate cost for 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 2) includes cost for providing all other facilities, amenities and specifications to be provided within the Apartment and the Project. 1.3 The Total Price is escalation-free, save and except increases increases, which the Allottee Allottee/s hereby agrees agree/s 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 agree/s 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/ rule/regulation to that effect along with the demand letter being issued to the Allottee/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/s. 1.4 The Allottee(sAllottee/s(s) shall make the payment as per the payment plan set out in Schedule C ("hereinafter for convenience “Payment Plan"”). . 1.5 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 @ % 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. . 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/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 Allottee/s, 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 Allottee/s 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 Allottee/s 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 allotted to Allottee/s. IF THERE IS ANY INCREASE IN THE CARPET AREA, the Promoter shall demand WHICH IS NOT MORE THAN THREE PERCENT OF THE CARPET AREA OF THE APARTMENT, ALLOTTED TO ALLOTTEE/S, THE PROMOTER MAY DEMAND that from the Allottee Allottee/s 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 agree/s and acknowledges, the Allottee Allottee/s shall have the right to the Apartment/Plot] Apartment as mentioned below: (i) The Allottee Allottee/s shall have exclusive ownership of the [Apartment/Plot]; (ii) The Allottee Allottee/s shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee Allottee/s in the Common Areas is undivided and cannot be divided or separated, the Allottee 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 shall convey undivided proportionate title in hand over the common areas to the association of allottees Allottee/s 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] also the cost for 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 and the Project. ; (iv) The Allottee/s has the right to visit the project site to assess the extent of development of the project and his/her/their Apartment, as the case may be. 1.9 It is made clear by the Promoter and the Allottee agrees Allottee/s agree/s 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 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. /s. It is clarified that Project's ’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 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 agree/s 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 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 Promoter agrees agree/s 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 Allottee/s 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 The receipt of which the Promoter hereby acknowledges and the Allottee Allottee/s hereby agrees agree/s 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 Allottee/s delays in payment towards any amount for which is payable, he he/she/it/they 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, the [Apartment/Plot] as specified in paragraph H; para G. 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* Total price (in rupees) *Provide break up breakup of the amounts such as cost ofApartment , cost of apartmentexclusive 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 NoGarage/Covered parking - 1 Price for 1 Garage/Covered parking - 2 Price for 2 Total price (in rupees) [OR] *Provide breakup of the amounts such as cost of plot, proportionate cost of common areas, taxes, maintenance charges as per para 11 etc., if/as applicable. Type Rate of Plot per square feet* [AND] [if/as applicable] 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 to the Promoter towards the [Apartment/PlotApartment ]; (ii) The Total Price above includes is the basic price towards Apartment and any form of 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 and Services 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) shall be paid by the allottee up to the date of handing over the possession of the [ApartmentApartment to the allottee and the project to the association of allottees or the competent authority, as the case may be, after obtaining the Occupany/Plot]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 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 wiring, , lift, water line and plumbing, finishing with paint, marbles, 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 However electrical connectivity to the Apartment shall be charged at extra by the Allottee that all promoter which shall be paid by promoter to MPSEB and for setting up electrical transformers and other areas and i.e. areas and facilities falling outside required electrical arrangements. Any maintance charges towards common area maintenance shall be charged as per actual by the Project, namely promoter which shall not form a part of be paid by 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 allotee 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) designated actual 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 set down 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 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"25,00,000/-(Rupees Twenty Five Lakh only) (Give break up and description): Block/Building/Tower Nono. Apartment Nono. 3 Type 2 BHK Floor 2nd Rate of Apartment per square feet* Rs. 3776/- *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, GST 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) Areas 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] 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] along with garage/closed parking Apartment 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 “Sonar Bhuban Block – G(▇▇▇▇▇▇▇▇▇)” 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 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 3,00,000/-, (Rupees Three Lakh 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. 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