TaxTMI 
TaxTMI 
2013 (1) TMI 736
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....ar to the allottees that no alterations/modifications were to be made in the said agreement by the allottees. The Commission in para 12.95 had observed regarding commencement of project without sanction/approval, increase in number of floors midway, increase of Floor Area Ratio(FAR) and density per acre(DPA), inordinate delay in completion and possession, forfeiture of amounts, etc. etc. The Commission found that the clauses of the agreement were biased in favour of DLF Ltd. In para 12.101, the Commission observed that certain clauses in the agreement gave DLF a sole discretion in respect of making changes in zoning plans, usage pattern, super area, carpet area and for alteration of structure and even a case of change of location of apartment and if a refund became due, no interest was payable by the builder. No rights had been given to buyers for raising objections. Even if the buyers had paid full amount, the builder could create mortgage on the property of the buyers for raising finance for its own purpose. DLF Ltd. inserted such clauses which made exit next to impossible for buyers. In case of delay by the builder, DLF Ltd. was to pay compensation of Rs. 5 per sq. feet per mont....
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....respect of that buyer and it shall clearly state all requisite clearances which it had obtained at the time of entering agreement. It was also expected that it shall state the cost of the product/service to the buyers with no hidden and indirect charges and it shall also clearly lay down the delivery schedule stage wise. It was also expected that one sided clauses shall be suitably modified so as to remove the abuse of dominance. 3. Against 12.8.2011 decision of the Commission, DLF preferred an appeal before Competition Appellate Tribunal (COMPAT). COMPAT vide its order dated 29/03/2012 remitted the matter, along with the draft modified terms & conditions submitted by the parties, to the Commission directing the Commission to pass an order under section 27(d) specifying the extent and manner in which the terms and conditions of the Agreement need to be modified. Further, COMPAT in its order dated 21.05.2012 observed that in order to carry out suitable modifications in terms and conditions of the Agreement, it would be imperative to first determine the manner and extent of such modifications in terms of the order dated 12.08.2011 and only then such modifications could actually be....
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....s in order to give directions in respect of preventing/stopping abuse of dominance and to indicate the extent and manner of modification of an agreement governing their inter se rights and obligations. 6. The main Act which governs development of group housing colonies by a coloniser in Haryana is the Haryana Development and Regulation of Urban Areas Act, 1975 (Act of 1975) coupled with the Haryana Development and Regulation of Urban Area Rules, 1976( Rules of 1976). Under section 3 of the Act of 1975, an owner of land desirous of converting it into a colony /group housing, can make an application to the Director, Town & Country Planning, Haryana(the Director) for grant of a licence to develop it as such. All the provisions of the Act of 1975 and the Rules of 1976 are, therefore, applicable, whenever a group housing colony like the one which is subject matter of this case is sought to be developed in the State of Haryana. Apart from this, after the development of group housing, all the residential units are to be transferred to the allottees under the Haryana Apartment Ownership Act, 1983 (Act of 1983) and thus this Act and Rules thereunder are also equally applicable to the bui....
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....rty. This is clear from the fact that under Rule 11 of the Rules of 1976, the builder after development of roads, drainage, sewage, water supply and electricity inside the colony has to maintain it only for a period of five years or till the association of plot owners takes the responsibility and release the builder of the maintenance responsibility. Similarly, the builder is supposed to pay EDC proportionate to the area of the colony/dwelling group housing unit to the Govt. for development of main lines of road, drainage, sewage, water and electricity. A builder is to give undertaking to construct, at his own cost or get constructed by any institution or individual, schools, hospitals, community centres and community buildings on the land set apart for this purpose or undertake to transfer to the Govt. or the local authority, free of cost, at any time, such land earmarked for constructing community buildings.(in case they are not constructed) and the Govt. would be at liberty to transfer such land to any persons or institution. (vii) It is specifically provided under the Act and the Rules that the internal development of the colony shall include markets, road and paved fo....
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....the total project cost of the development of colony after making provisions of statutory taxes. In case the net profit exceeds 15% after completion of the project, the surplus amount either has to be deposited with the State Govt. treasury within two months of the completion or he has to spend this money on further amenities /facilities in the colony for the benefit of residents. Further, the Act of 1983 was enacted to provide for ownership of individual apartments and make ownership rights as transferable for the promotion of group housing in the State of Haryana. As per Section 5 of the Act, owner of every apartment, as defined in the Act, is required to execute and get registered a conveyance deed. 'Apartment' in the Act of 1983 has been defined in section 2(a) as a part of a property intended for any type of independent use, as may be prescribed, with a direct exit to a public street, road or highway or to a common area leading to such street, road or highway. 'Apartment owner' has been defined as the person or persons owning an apartment and having undivided interest in the common areas and facilities in the percentage specified and established in the ....
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....he meaning of Section 2(a-1) of Maharashtra Ownership Flats(Regulations of Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA). Open to sky-parking area or stilted portion usable as parking space was not garage within the meaning of Section 2(a-1) of the Act and not sellable independently as flat or along with flat. However, promoter was entitled to charge price for common areas and facilities from each flat purchaser in proportion to carpet area of flat. Further, the Act mandated the promoter to describe common areas and facilities in advertisement as well as agreement with flat purchaser and indicate price of flat including proportionate price of common areas and facilities. Stilt parking space could not cease to be a part of common areas and facilities merely because promoter had not described the same as such in advertisement and agreement with flat purchaser. Promoter had no right to sell any portion of such building which was not 'flat' within the meaning of section 2(a-1) of the Act. He had no right to sell stilt parking spaces as these were neither flat nor apartments or attachment to flat. Hon'ble Supreme Court also observed in this Judgm....
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....ire agreement in unnecessary and may have potential of being abused. Recital 'D' made it clear that the agreement was confined and limited in its scope only to this Group Housing Complex (Belaire) to be constructed by the company on the portion of land delineated in Annexure I and IA of the agreement. However, neither Annexure I nor I A gives the area of land of Belaire Complex, nor the area of 6.67 acres given in agreement is in conformity of FAR norms. Every Group Housing Scheme/Complex has to comply with all Rules and Regulations in respect of Group Housing Complex. These Rules and Regulations are mandatorily required to be followed by the coloniser/ builder. The recitals have been framed in such a manner as if the company was not bound by the Rules and Regulations concerning Belaire Group Housing Complex and only allottee was bound by the Acts, Rules and Regulations. The rights vested in the allottees cannot be taken away by DLF unilaterally as mentioned in the recitals of the agreement. The Commission consider that the recitals be modified as given in the annexed modification. The reference to phase V be limited only for information purpose. The layout plans e....
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....company's argument that it retains ownership rights over the open area even after sale of apartments is not tenable and all such clauses in the agreement put by the company giving it a claim/ right over the open areas/ common areas, etc. amounted to abuse of dominance and this abuse can be removed by modifying the abusive clause and providing in the agreement about the obligation of the company to abide by the Laws, Rules and Regulations as applicable to a Group Housing Complex. It would be worthwhile to mention that for making a Group Housing Complex, the maximum FAR applicable in 2009 was 175%. The restriction on number of storeys /floors was, however, removed. The company on removal of this restriction raised the height of the building from 19 floors to 29 floors using the same footprint and same Belaire area. However, since the FAR was only 175%, the land area/open area for the Complex would have to be commensurate with total super area of all the apartments in all 29 floors. As per the calculations made by the informant, which have not been disputed by the company (and the company has not come up with its own calculations) the total land area on which the Bellaire Complex ....
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....right to increase or decrease super area at sole discretion without consulting allottees who, nevertheless, were bound to pay additional amount or accept the reduction in area. When the construction of a multi storey building is envisaged, the plans are drawn on drawing board. Most of the group Housing Complexes are sold on the basis of the plans drawn on drawing board. Super area and the actual apartment area are two different concepts. The apartment area is the area which is exclusively enjoyed by the apartment owner. It includes carpet area plus area under the walls of the apartment, while super area is the sum of apartment area and common areas which the allottee enjoys along with other apartment owners. This area is inclusive of lift area, staircase area and other entrance areas, etc. Most of the times, the actual building and the drawing board plans match with each other and the building is constructed in accordance with the construction plan as approved by authorities in advance. However, there may be instances where at the time of actual construction, certain minor changes are required to be made in some of the drawing board plans and the building is constructed slightly di....
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.... building in which the said apartment is situated. Similarly, company has unlawfully provided for itself right to further go up in air by increasing the number of floors and reserving to itself terrace rights. This is totally contrary to the law and imposition of this condition on the allottee by DLF is because of its dominance and amounts to gross abuse. All relevant clauses depriving allottee of his lawful rights need to be modified to bring them in conformity with Law, Rules and Regulations so as to remove the abuse vis-a-vis the allottee. Modified clauses are given in the table below. 18. In the order, the Commission observed that the covenant in clause 1.7(viii) of the agreement, giving right to DLF of having full and absolute rights in the community buildings/sites/recreational and sporting activities sites including maintenance of those, was abusive. As per applicable Laws, Rules and Regulations discussed above, site for community buildings are compulsorily required to be set apart by the coloniser and these sites, if not constructed either at the cost of coloniser or if not handed over and constructed by others, were to be given to the Govt. of Haryana, free of ....
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....lant 8. Air-conditioning plant room and equipments In view of above discussion, clause 1.7 & 1.8 clearly abusive and need modification as given in the table below. 19. In the order, the Commission observed that DLF's sole discretion to link one project to another was abusive in nature. Interlinking of projects for the purpose of mobility of residents and for ingress egress is one thing, but interlinking projects for any other purpose without giving equivalent rights to allottee is altogether different. When Belaire Complex apartments were agreed to be sold to allottees, the FAR was 175%. If, in future, FAR is increased, only owners of apartments will have collective right to use or not to use increased FAR and the company cannot club the project with its other projects for this purpose. Accordingly, different clauses of the agreement need to be modified and reference to phase V need to be deleted. It should be retained only where rights of allottees are not adversely affected. The modified clauses 1.9 & 1.10 are given in table below. 20. In the order, the Commission observed that clause 1.11 of the agreement was abusi....
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....s of the complex, the company is bound to provide essential services to the complex in terms of maintenance agreement, but once RWA takes over the responsibilities of the complex, it will have freedom to continue with the service providers engaged by the company or to enter into fresh contracts with some service provider or engage new service provider. Also since the Company marketed and sold Belaire Complex as govt. approved residential project and govt. charging heavy amount as EDC, providing of DHBVN connection by the state is mandatory and the company has to ensure DHBVN connection for each allottee. The relevant clauses 1.13 and 1.14 be modified as suggested in the table. 22. In the order, the Commission found clause 4 of the agreement abusive as it provided arbitrary forfeiture of earnest money by the company without even a notice to the allottee. The company provided for forfeiture of amounts of allottee for non- fulfillment of the conditions of agreement by the allottee, but there is no corresponding clause in respect of non-fulfillment of clauses of agreement on the part of company. Clause 5,8,10 and 12 of the agreement are highly one-sided and should be modified. Modif....
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....f execution of agreement or within the extended period (the company having liberty to extend the period to any extent.) then the allottee shall be entitled to give notice to the company within 90 days from the expiry of the said period of three years or extended period of terminating the agreement. Even in that event the company was not liable to refund the amount deposited by the allottee along with interests to him. In such an eventuality, the company on receipt of notice, was at liberty to sell/dispose of the apartment to any other party and without accounting for the sale proceeds of the apartment to the allottee within 90 days of the realisation of the price was to refund to the apartment allottee his amount without interest, after deduction of brokerage paid by the company to the broker/sale organiser (in case booking was done through broker /sale organiser) the allottee thereafter could make no claim against the company. If the allottee failed to exercise his/her right of termination within the period as provided in this clause by delivering a written notice to the company then he was not to be entitled to terminate the agreement and was to continue to be bound by the terms ....
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....use of dominance is self evident from the provisions of these clauses. The Commission considers that the above clauses should be modified in the manner as given in the table to make this agreement non abusive. 24. Clause 13 is regarding execution of conveyance deed in favour of apartment allottee who has paid full consideration amount to company. The transfer of ownership has to be in accordance with the Act of 1983. However, clause is totally one sided putting no obligation on company to execute the conveyance deed once stamp duty papers are sent to the company after paying entire price as per the agreement. Clause 14 of the original agreement is concerning maintenance and it does not recognise the right of allottees to manage the common services of the complex through RWA, as provided in the Act of 1983. Clause 13 & 14 can be made non abusive by suggested modifications given in table below. 25. In para 12.90, the Commission observed that under the agreement DLF had sole authority to make addition and alteration in the building with all benefits flowing to DLF and the allottee having no say in this regard. The abusive provisions are contained in clauses 20, 22 and other clau....
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....earned money keeping in mind the number of flats to come up, the kind of facilities to be given, population density, the open green areas and other common facilities etc. The joint ownership rights of apartments allottees over common areas and land and the apartment ownership rights of the allottees go together. The company cannot take away these rights from the allottees. Once the company had utilized FAR available at the relevant time in respect of the land over which the complex is to be developed, any subsequent increase in FAR would belong to the allottees and not to the company and it is only the allottees association which will have right to put additional construction with consent of all the allottees. The company shall have no right to have additional construction if subsequently FAR is increased. As such, clause 20 & clause 22 and other such clauses are highly abusive, should be modified as suggested in the table. 28. In para 12.90, the Commission had observed that creation of 3rd party rights by the company without allottees consent was to the determinant of allottees interest and was abusive. A reference was made to clause-23 of the agreement. Clause 23 of the Agreem....
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....efaults. A reference was made to clause 35 of the agreement, which shows abuse of dominance. The company can refuse to condone delay and can cancel the apartment even if the allottee was prepared to pay interest on delayed payment. While in case of company, the company for itself has reserved so many excuses for non delivery of possession and for scrapping the contract altogether or for delaying the project. It has given itself the powers to extend the period of delivering possession but for the allottee, the sole discretion lies with the company to cancel the flat in case of delayed payment. In case of condoning delay, the Company could be charging interest to the tune of 15% for 1st 90 days and thereafter 18%. However, for the default of the company, the company was liable to pay only 9% interest to the allottee on only such amount which the company deemed refundable to the allottee. That makes the clause abusive, one sided and shows blatant abuse of dominance. In clause 12, the company has given events of defaults and consequences for the allottee. The company has nowhere given in the entire agreement the events of defaults for itself. The Commission considers that the defaults ....
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....plication and should be given the entire application amount back. ..................(TABLE IN PLAIN TEXT START ).................... TABLE MODIFIED BUYER'S AGREEMENT Claus Original Clause(s) Modified Clause(s) e Reps A. Whereas the Company, its Company's Representation A-M Associate companies, its subsidiary companies presently A. WHEREAS the Company, its own individual respective portions associate/subsidiary companies of land in a site presently presently own various parcels of land admeasuring 527.9435 acres or admeasuring 6.67 acres (hereinafter thereabouts more fully described in referred to as the "Said Land") in Annexure-I (hereinafter referred to Phase V in DLF City (earlier known as "Phase-V") in DLF City (earlier as DLF Qutab Enclave Complex), in known as DLF Qutab Enclave Tehsil & District Gurgaon, Haryana. Complex), in Tehsil & District The copies of the title deeds Gurgaon, Haryana. reflecting the ownership of the Said Land is annexed herewith as B. And whereas the Company has Annexure []. The Said Land is acquired some lands and will be earmarked for the purpose of building acquiring some more lands in the a group housing scheme ("hereinafter....
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....omply with such the Company with the Governmental directions/conditions/changes and Authorities are annexed herewith as that the layout plan of Phase-V as Annexure []. may be amended and approved from time to time shall supersede D. AND WHEREAS the Company has the proposed tentative layout plan obtained the final layout plan as given in Annexure-I hereto approvals for the GHS Belaire from and/or previously approved layout DTCP that are annexed hereto as plan(s), as the case may be, and Annexure []. The Company agrees shall automatically form a part of and undertakes that it will not make this Agreement as Annexure-I in any changes on its own to these place of persently attached layout layout plans unless mandated by plan as Annexure-I or previously DTCP, and such changes shall be approved layout plan(s) as the communicated to the Allottees in case may be. writing. The Company has also obtained the layout plan approvals for D. And whereas the Company has the entire Phase V in DLF City, which further clarified to the Apartment are annexed herewith as Annexure Allottee that the proposed tentative []. It is understood by the Parties that layout plan of Phase-V as given in except the la....
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....n different faithfully abide by all the terms, zones, but however, this conditions and stipulations contained Agreement is confined and limited in this Agreement and all applicable in its scope only to the sale of laws are now willing to enter into this residential apartments in a specific Agreement on the terms and group housing complex to be conditions appearing hereinafter. named as The Belair (hereinafter referred to in this Agreement as the "said Complex") consisting of Five (05) multi storeyed residential apartment buildings to be constructed on a portion of land presently admeasuring 6.67 Acres or thereabout earmarked and delineated in, Zone 8, Phase-V (hereinafter referred to in this Agreement as the "said Portion of Land") in accordance with the building plan(s) approved by the Director, Town & Country Planning, Haryana, Chandigarh. The proposed tentative layout plan is given in Annexure IA of this Agreement. The area of the said Portion of Land 6.67 Acres or thereabout may stand modified in future to the extent as may be required pursuant/consequent to any directions/approvals by the Director, Town & Country Planning Haryana, Chandigarh. G. And whareas the Company has exp....
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....competency of the Company to enter into this Agreement. K. And whereas the Apartment Allottee acknowledges that the company has readily provided all the information and clarifications as required by him/her but that he/she has not relied upon and is not influenced by any architect's plan, sales plans, sale brochures, advertisements, representations, warranties, statements or estimates of any nature whatsoever whether written or oral made by the Company, its selling agents/brokers or otherwise including but not limited to any representations relating to the description or physical condition of the property, the building or the Apartment or the size or dimensions of the Apartment or the rooms therein or any other physical characteristics thereof, the services to be provided to the Apartment Allottees, the estimated facilities/amenities to be made available to the Apartment Allottee(s) or any other data except as specifically represented in this agreement and application and that the apartment allottee has relied solely on his/her own judgment and investigation in deciding to enter into this agreement and to purchase the said Apartment (having specifications set out in Annexure- V....
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....tment is ii. The foundations, columns, girders, located calculated in the ratio which the beams, supports, main walls, roofs, halls, super area of the said Apartment bears to corridors lobbies, stairs, stair ways, fire the total super area of all the Apartments escapes and entrances and exit of the in the said Building; and exclusive use of building; the two(02)/ three(03)/ four(04) reserved iii. The basements, cellars, yards, gardens, car parking spaces. parking area and storage spaces; Tower No/Apartment No. Type: Super Area Sq. Mts/Sq.ft. Approx. (Rs.) : iv. The premises for the lodging of janitors Rate (Rs.per sq. mt./sq.ft of super area or persons employed for management of (Rs.): property; Preferential Location Charges (Rs.): Price for car Parkings (Rs.): v. Installation of central services such as Total sale Price: power, light, gas, hot and cold water, heating, refrigeration, air conditioning and Parking : Nos. (1)-------(2)--------(3)---------- incinerating; (4)------ Price payable Rs............ vi. The elevators, tanks, pumps, motors, Any tax paid or payable by the Company fans, compressors, ducts and in general all and/....
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....3) /four (04) car parking Central Sales Tax, Works Contract Tax, spaces, whichever is applicable, payable Service Tax, and Education Cess or any for the said Apartment together with the other taxes by whatever name called, in parking spaces and the said Apartment connection with the construction of the GHS along with the parking spaces will be Belaire) payable by the Company up to the treated as a single indivisible unit for all date of handing over the possession of the purposes including but not limited to Apartment. Haryana Apartment Ownership Act, 1983 etc. (ii)The Allottee shall pay, in addition to the Total Price, a sum equal to the proportionate share of Taxes; the proportionate share will be calculated in the ratio of the Super Area of the Apartment to the total Super Area of all the Apartments in the GHS Belaire. (iii) The Company shall periodically intimate to the Allottee, on the basis of certificates from a chartered engineer and/ or a chartered accountant, the amount payable as stated in (ii) above and the Allottee shall make payment within 30 days from the date of such written intimation. In addition, the Company shall provide to the Allo....
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....f the 1.1 above. Explanation to Clause 1.1 above. 1.4 The Company may allow, in its sole The Company may allow, in its sole discretion, a rebate for early payments of discretion, a rebate for early payments of installments payable by the Apartment installments payable by the Allottee by Allottee by discounting such early discounting such early payments @[]% 1 per payments @9% per annum for the period annum for the period by which the by which the respective installment has respective installment has been preponed. been preponed. The provision for The provision for allowing rebate and such allowing rebate and such rate of rebate rate of rebate shall not be subject to any shall be subject to revision/withdrawal, revision/withdrawal, once granted to an without any notice, at the sole discretion Allottee by the Company. of the Company 1.5 The Apartment Allottee hereby agrees to The Allottee has agreed to pay Preferential pay additionally as preferential location Location Charges as stated in para 1.1. charges a sum of Rs...../- (Rupees....only) However, if due to any change in the lay out calculated @ of Rs..../- per sq. ft. of the / building plan as directed by the D....
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....rea of the said Apartment shall be beyond (+/- 2%) without the consent of the confirmed by the Company only after the majority of the Allottees. construction of the said building is complete and the occupation certificate is It is acknowledged and agreed by the granted by the competent authority. The Company and Allottee that every element of total price payable for the said apartment floor plans has relevance to the Allottee and shall be recalculated upon confirmation thus all elements of all the floor plans by the Company of the final super area of included in Annexure [] must remain largely the said apartment and any increase or intact even after the changes in the Super reduction in the super area of the said Area. The Company shall confirm the final Apartment shall be payable or refundable, Super Area that has been allotted to the as the case may be, without any interest, Allottee after the construction of the Building at the same rate per square meter as is complete and the occupation certificate is agreed in Clause (1.1) of this Agreement granted by the competent authority (ies), by i.e. on the rate irrespective of any rebates furnishing details of the changes in the allowed....
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.... Annexure II) ownership of the Apartment. which comprises of the apartment area and pro rata share of the common areas (ii) The Allottee shall also have and facilities within the Belaire and undivided proportionate share proportionate share of Club and other interest in the Common Areas and common facilities within/outside, if any, Facilities as defined in the the said Building only and proportionate Haryana Apartment Ownership share of other common facilities, if any, Act 1983 (hereinafter referred to which may be located anywhere in the as "Apartment Act") in the GHS said Complex, The Belaire, at the sole Belaire. Since the share / interest discretion of the Company (as listed in of Allottee in the Common Areas Part A & B of Annexure IV). The and Facilities is undivided and Company makes it abundantly clear to cannot be divided or separated, the Apartment Allottee that he/she shall the Allottee shall use the be entitled to the ownership rights and Common Areas and Facilities rights of usage only as per details given within the GHS Belaire below: harmoniously along with other occupants, maintenance staff etc., (i) The Apartment allottee without causing any shall hav....
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....rice is charged, the Apartment Allottee shall have the ownership of undivided proportionate share/interest in the land underneath the said Building only (i.e. the land which is the foot print of the Building in which the said Apartment is situated). The undivided proportionate share/interest of land underneath the said Building shall be calculated in the ratio of super area of the said Apartment to the total super area of all the apartments within the said Complex only. It is made abundantly clear and agreed by the Apartment Allottee that no other land (s) is/are forming part of this Agreement, and the Apartment Allottee shall have no right, no title, no interest of any kind whatsoever on any other land(s) except to the extent of using only such general common areas and facilities within the said Complex, DLF City, Phase V limited to and precisely listed in Part-C of Annexure IV subject, however, to the timely payment of maintenance charges by the Apartment Allottee. It is made clear by the Company and specifically understood by the Apartment Allottee that the Company may at its sole discretion and for the purpose of complying with the provisions of Haryana Apartment Ownership Act,....
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....tc. including but not limited to lighting arrangements, parties/get together, tournaments and other activities of the DLF Golf and Country Club which may be carried through out the year at the sole discretion of the management of the DLF Golf and Country Club or any other recreational and sporting activities including golf and tennis etc. It is further made clear that the area earmarked for the DLF Golf and Country Club and its facilities, various community facilities like school, recreational and sporting activities including golf, tennis, hotels, other clubs, hospitals and the like shall not be a part of the complex where the said apartment/said Building is proposed to be located and the Apartment Allottee will be required to pay separate deposits/charges for securing admission and usage to the DLF Golf and Country Club or any other recreational and sporting activities including golf and tennis etc. and other community facilities, the acceptance or rejection of which shall be at the sole discretion of the management of the DLF Golf and Country Club or any other recreational and sporting activities including golf and tennis etc. and other community facilities and the Apartment All....
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....ts which the Apartment Allottee undertakes to faithfully comply with without raising any objections. It is understood that the entire operating cost of the said Club/community facility, improvements/up gradations to be carried out over a period of time, direct usage charges for the facilities used and the items consumed by the Apartment Allottee from time to time, shall in no way constitute any portion of the sale price of the said Apartment and shall be paid extra and are outside the scope of this application, payment plan of the Apartment Buyers' Agreement. (viii) That the company has made it specifically clear to the Apartment allottee and after -do- having satisfied himself/themselves, the Apartment allottee has understood and agreed that the computation of the price of the said Apartment does not include any element of recovery or payments towards land, construction, running and operation of community buildings/sites, other recreational and sporting activities including golf and tennis etc. as well as recovery of payment towards maintenance charges of any kind by the Company from the Apartment Allottee in any manner. Further, the Apartment Allotttee understa....
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....acilities and amenities within the said Building, the said Portion of Land or any where in Phase V. The Apartment Allottee hereby gives an irrevocable undertaking to the Company that he/she shall never claim any rights, title nor any interest in these land(s), areas, facilities and amenities, including but not limited to those listed in Annexure IV, Part-E, as they are specifically excluded from the scope of this Agreement and are not included in the computation of super area in any manner, and for which the Apartment Allottee has not paid any money to the Company in any form or manner whatsoever and that the Apartment Allottee agrees that he/she shall not, at a later date, after execution of this Agreement, raise any claim or create any dispute in respect of such land(s), areas, facilities and amenities. The Company, its Associates, its subsidiary companies as the owner of such lands, areas facilities and amenities shall have sole right and absolute authority to deal with the same in any manner including but not limited to creation of rights in favour of any other party by way of sale, transfer, lease, joint venture, collaboration or any other mode including transfer to Government....
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....n account of convenience, if any, which may allege to be suffered by him/her due to such development/construction or its incidental/related activities. It is made clear by the Company and agreed by the Apartment Allottee that all rights including the rights of ownership of land (s), facilities and amenities (other than those within the said Building and the land underneath the said Building only) shall vest solely with the Company, its Associate companies, its subsidiary companies who shall alone have the sole and absolute authority to deal in any manner with such land(s), facilities and amenities including but not limited to creation of further rights in favour of any other party by way of sale, transfer, lease, collaboration, joint venture, operation and management or any other mode including transfer to Government, Semi- Government, any other Authority, Body any Person, Institution, Trust and /or any Local Body(ies) which the Company may deem fit in its sole discretion. The Company relying in good faith on this specific undertaking of Apartment Allottee in this Agreement has agreed to accept the application and allot the said Apartment and this undertaking shall survive througho....
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....upon the Apartment Allottee. The Apartment Allottee has assured the Company to faithfully abide by such declaration. The common areas and facilities within the said Building (as listed in Part A of Annexure IV) and the general common areas and facilities within the said Complex (as listed in Part B of Annexure IV) shall be available for use by the Apartment Allottee subject to the timely payment of maintenance charges and the Apartment Allottee agrees that in the event of failure to pay maintenance charges on or before due date, he/she shall not have the right to use such common areas and facilities and such general common areas and facilities. It is further clarified by the Company and agreed to by the Apartment allottee that the company may at its sole discretion make The Belair project a part of any other adjacent project that has already come into existence or maybe constructed in future at any time or keep it separate as an independent estate and the Apartment allottee shall not raise any objection for such formation. In the event of any such formation, the common areas and facilities and the \undivided interest of each apartment owner shall be specified by the Company in the ....
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....all be paid by the Allottee either buildings in the said Complex. The pro directly to the concerned authorities or if rate share of External Development paid by the Company on behalf of the charges as levied by the Govt. of Allottee or demanded from the Company, Haryana up to the date of issue of pay the same to the Company on pro-rata licenses originally paid by the company basis as specified in clause 38 of this as applicable to the said apartment is Agreement 2. In case such IDC are levied/ already taken into account by the demanded by the government from the Company while determining the total Company with retrospective effect, the price payable by the Apartment Allottee Allottee shall be liable to pay the same on for the said Apartment. The Apartment demand being raised by the Company on allottee undertakes to additionally pay to pro-rata basis as stated hereinabove. The the Company, on demand, any increase Company assures the Allottees that the in the External Development charges Company had paid the requisite IDC and levied, (over and above the rate originally EDC till the date of execution of the paid by the company and included in the Agreement. sale price on which EDC is ....
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....d to the Intending Allottee that the said Infrastructure Development Charges shall be payable by the Intending Allottee in addition to the External Development Charges mentioned in Clause 1.11 (a) hereinabove. In case such Infrastructure Development Charges are levied/demanded by the government from the Company with retrospective effect for any reason whatsoever, the Intending Allottee shall be liable to pay the same on demand being raised by the Company on retrospective basis from the date of this Application on pro-rata basis as stated hereinabove. In case the Sale Deed has already been executed in favour of the Intending Allottee by the Company and the demand of Infrastructure Development Charges has been made by the concerned Authority after the execution of such Sale Deed, then in that event the pro-rate demand made by the Company on the Intending Allottee shall be treated as unpaid sale price of the said apartment and the Company shall have a lien on the apartment to the extent of such unpaid amount. 1.12 The Apartment Allottee agrees that the The Allottee agrees that the [] covered/open Two (02)/Three (03)/Four (04) parking space allotted to him/her for covered/open....
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....plicable. the said Site for the purpose of the declaration to be filed by the Company under Haryana Apartment Ownership Act, 1983. The Apartment Allottee agrees and confirms that the parking space allotted to him/her shall automatically be cancelled in the event of cancellation, surrender, relinquishment, resumption, re- possession etc. of the said Apartment under any of the provisions of this Agreement. A tentative parking plan is given in Annexure-IV. All clauses of this Agreement pertaining to use, possession, cancellation etc. mutatis mutandis to the said parking spaces wherever applicable. 1.13 The total price of the said Apartment The Total Price of the Apartment includes mentioned in the schedule of payments in the cost of providing electric wiring, fire Annexure III of this Agreement is detection and fire fighting equipment in the inclusive of the cost of providing electric Common Areas and Facilities within the wiring, fire detection and fire fighting GHS Belaire as prescribed in the Fire equipment in the common areas within Fighting Code/Regulations under National the said Building/said Complex as Building Code 1983, amendment No.3 of prescribed in the fire fight....
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....ttee at his/her own cost. If, before the deemed necessary by the Company or handing over possession, due to any any of its nominees at its sole discretion, change or enactment of any legislation, additional fire safety measures are laws, bylaws or Govt. orders, directives, undertaken, then the Apartment Allottee guidelines or change /amendments in Fire undertakes to pay within thirty (30) days Code including the National Building Code, from the date of written demand by the any additional fire safety measures are Company, the additional expenditure required to he installed, the Company shall incurred thereon along with other install the same and the said liability, after Apartment Allottees proportion to the the handing of possession, shall be of the super area of his/her Apartment to the Allottees who shall pay on pro rata basis. total super area of all the Apartments in the said Building/said Complex as determined by the Company. 1.14 The Apartment allottee has agreed and To be deleted. understood that the company or its agents may at their sole discretion and subject to such government approvals as may be necessary, enter into the arrangement of generating and/or supply....
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....Apartment Allottee further specifically agrees not to raise any dispute with regard to such arrangement either with regard to installation of power generating equipment or payment of tariff at any time whatsoever during the period of Apartment Allottee's ownership of the said Apartment. This clause shall survive the conveyance of the said apartment or any subsequent sale/resale or conveyancing thereof. 2 Payment for taxes, wealth-tax, cesses by Payment for taxes on land, wealth-tax, Apartment Allottee cesses by Allottee That the Apartment Allottee agrees to pay The Allottee agrees to pay directly, or if paid directly or if paid by the Company then by the Company, then reimburse to the reimburse to the Company on demand, Company on demand, Govt. rates, property Govt. rates, property taxes, Wealth Tax, taxes, wealth tax, taxes of all and any kind taxes of all and any kind by whatever by whatever name called, whether levied or name called, whether levied or leviable leviable now or in future on the GHS Belaire now or in future on the said Complex /or building(s) constructed on the Said Land and/or building(s) constructed on the said or the Apartment, as the case may be, a....
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....eby agree to pay Allottee shall and doth hereby agree to the remaining price of the Apartment as pay the remaining price of the Apartment prescribed in schedule of payments as prescribed in Schedule of Payments (Annexure []) attached with this Agreement (Annexure-III) attached with this along with all other charges, securities etc. Agreement along with all other charges, as may be demanded by the Company securities etc. as may be demanded by within the time and in the manner specified the Company within the time and in the therein. manner specified therein. 4 Earnest Money Earnest Money The Apartment Allottee has entered into The Allottee has entered into this this Agreement on the condition that out Agreement on the condition that, out of the of the amount(s) paid/payable by him/her amount(s) paid/payable by him/her for the for the said Apartment and the parking Apartment alongwith the parking spaces spaces allotteed to him/her, the Company allotted to him/her, the Company shall treat shall treat 10% of the sale price of the 10% of the sale price of the Apartment Apartment amounting to Rs.---------- amounting to Rs.[] (Rupees [] as earnest (Rupees ........)as earnest mone....
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....nstruction, despite having been issued conditions for forfeiture of earnest money notice in that regard. shall remain valid and effective till the execution and registration of the The Parties agree that the conditions for conveyance deed for the said Apartment forfeiture of earnest money shall remain and that the Apartment Allottee hereby valid and effective till the execution and authorises the Company to effect such registration of the conveyance deed for the forfeiture without any notice to the Apartment. Apartment Allottee and the Apartment allottee has agreed to this condition to indicate his/her commitment to faithfully abide by all the terms and conditions contained in his/her application and this Agreement. 5 Mode of Payment Mode of Payment That the Apartment Allottee shall make all Subject to the Company abiding by the payments in time in terms of Schedule of construction milestones, the Allottee shall Payments as given in Annexure-III make all payments, on demand by the annexed to this Agreement and as may Company, within the stipulated time as be demanded by the Company from time mentioned In the schedule of payments as to time and without any reminders from an....
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....lines issued by Act, 1999 as amended from time to time. the Reserve Bank of India, he/she shall The company accepts no responsibility in be liable for any action under the Foreign this regard. The Allottee shall keep the Exchange Management Act, 1999 as Company full indemnified and harmless in amended from time to time. The company this regard. Whenever there is any change accepts no responsibility in this regard. in the residential status of the Allottee The Apartment Allottee shall keep the subsequent to the signing of this Company full indemnified and harmless in Agreement, it shall be the sole responsibility this regard. Whenever there is any of the Allottee to intimate the same in writing change in the residential status or the to the Company immediately and comply Apartment Allottee subsequent to the with necessary formalities if any under the signing of this Agreement it shall be the applicable laws. The Company shall not be sole responsibility of the Apartment responsible towards any third party making Allottee to intimate the same in writing to payment/remittances on behalf of any the Company immediately and comply Allottee and such third party shall not have with necessar....
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.... and also to by the Company. It is clarified that the perform or observe all the other Allottee shall be liable to make the payment obligations of the Apartment Allottee of the installment only after the under this Agreement. It is clearly agreed corresponding construction stage being and understood by the Apartment Allottee completed and the cogent and independent that it shall not be obligatory on the part evidence of actual work and progress done of the Company to send demand being provided along with certificate of proof notices/reminders regarding the from an independent registered architect payments to be made by the Apartment about the actual progress of the building Allottee as per Schedule of Payments (with the actual site photographs. (Annexure III) or obligations to be performed by Apartment Allottee. In case the Allottee fails and/or neglects to However, in case of any default / delay in make timely payments of the installments the payments b the Appartment Allottees, and defaults in payment for three the Company may take such actions as consecutive installments, the Company shall may be permitted within the scope of this have the right to cancel the Apartment and agree....
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....rised the Company to carry plans or Annexures and breach of this term out, on his/her behalf, such additions, by the Company shall constitute a material alterations, deletions and modifications in breach of the Agreement. the building plans, floor plans, Apartment plans, change in specification etc. including the number of Apartments/floors as the company may consider necessary or as directed by any competent authority while sanctioning the building/layout plans or at any time thereafter till the grant of an occupation certification. The Company may increase the proposed number of floors in the said building and shall be seeking necessary approvals for the same. The Apartment Allottee hereby agrees that the Company is fully entitled to increase the number of floors in the said building and/or the height of the said building and the apartment allottee has no objection to the same. In case the Company is able to obtain the necessary approvals for increasing the number of floors and /or increase the height of the said building then in such case, the company shall inform the Apartment allottee about whether the Apartment allottee wishes to move to a higher floor. If the Apartment Allot....
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....s of intimation in writing by the Company indicating his/her non-consent/objections to such alterations/modifications as intimated by the company to the Apartment allottee then in such case alone the Company may at its sole option and discretion decide to cancel this agreement without further notice and in such event the company shall refund the entire money received from the Apartment Allottee with interest @9% per annum within ninety (90) days from the date of intimation received by the Company from the Apartment allottee and upon dispatch of such refund by registered post, the company shall be released and discharged from all its obligations and liabilities under this Agreement and the Apartment allottee agrees and authorises the company to resell or deal with the said apartment and the parking space thereafter in any manner whatsoever at the company's sole discretion. 10.1 Schedule for Possession of the said Schedule for Possession of the said Apartment Apartment The Company based on its present plans The Company agrees and understands that and estimates and subject to all just timely delivery of possession is the essence exceptions, contemplates to complete of the....
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....etent occupation and use from the competent authority(ies) shall offer in writing to the authority shall offer in writing the possession Apartment Allottee to take over, occupy of the Apartment, to the Allottee in terms of and use the said Apartment in terms of this Agreement to be taken within 30 days this Agreement within thirty (30) days from the date of issue of such notice and the from the date of issue of such notice and Company shall give possession of the the Company shall hand over the said Apartment to the Allottee. The Company Apartment to the Apartment Allottee for agrees and undertakes to indemnify the his/her occupation and use subject to the Allottee in case of failure of fulfillment of any Apartment Allottee having complied with of the provisions, formalities, documentation all the terms and conditions of this on part of the Company. The Allottee Agreement and is not in default under any agree(s) to pay the maintenance charges as of the provisions of this Agreement and determined by the Company/RWA as the has complied with all provisions, case may be. formalities, documentation etc. The Apartment Allottee shall be liable to pay the levy of maintenance charges from t....
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....edies as stipulated in Clause (12) of Company appropriate charges per month for this Agreement or the Company may, taking delayed possession of the Apartment without prejudice to its rights under any of for the entire period of delay. If the Allottee the clauses of this Agreement and at its fails to meet the above mentioned condition sole discretion, decide to condone the within 3 months from the date of the receipt delay by the Apartment Allottee in taking of the written intimation from the Company over the said Apartment in the manner as to take over possession, then the Company stated in this clause on the condition that may exercise the option of cancelling the the Apartment Allottee shall be liable to Agreement. pay to the Company charges @Rs.5/- per sq. ft. of the super area per month for If the Company elects to cancel this taking delayed possession of the Agreement, the Company shall have the Apartment for the entire period of delay right to retain the earnest money as and to withhold conveyance or handing specified in this Agreement and refund the over for occupation and use of the said balance amount to the allottee without Apartment till the entire charges/penalty intere....
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....a contingency arising reserves the right to alter or vary the terms and conditions of this Agreement or if the circumstances beyond the control of the company so warrant, the company may suspend the scheme for such period as it may consider expedient and the Apartment allottee agrees not to claim compensation of any nature whatsoever (including the compensation stipulated in Clause 11.4) of this Agreement during the period of suspension of the Scheme. The Apartment allottee confirms that he/she has authorised the company to treat this Apartment Buyers' Agreement executed by him/her as cancelled in consequence of the company abandoning the project the Apartment allottee confirms that he/she has given irrevocable authority to the Company that upon such cancellation/abandonment and subject to A0partment allottee not being in default under this Agreement and to refund by registered post, the amounts attributable to the said Apartment (after deducting interest on delayed payments, and interest paid, due or payable, any amount of non-refundable nature) that have been received from the Apartment allottee by the company without any interest or compensation of whatsoever nature....
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.... the by the court(s) / tribunal(s) / relevant Court(s)/Tribunal(s)/Authority(ies). authority (les). However the Allottee may, if However the Apartment Allottee may, if he/she so desires, become a party along he/she so desires, become a party along with the Company / RWA in such litigation to with the Company in such litigation to protect Allottee's rights arising under this protect Apartment Allottee's rights arising Agreement. In the event of Company under this Agreement. In the event of the succeeding in its challenge to the impugned Company succeeding in its challenge to legislation or rule, regulation, order or the impugned legislation or Rule, notification as the case may be, it is hereby Regulation, Order or Notification as the agreed that this Agreement shall stand case may be, it is hereby agreed that this revived and the Company and the Allottee Agreement shall stand revived and the shall be liable to fulfill all obligations as Apartment Allottee shall be liable to fulfill provided in this Agreement. During the all obligations as provided in this period the Agreement is in abeyance, the Agreement. It is further agreed that in the Company shall deposit the amount pa....
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....t and the parking space without deduction of earnest money but after deduction of brokerage paid by the Company to the broker/ sales organiser in case the booking is done through a broker/ sales organiser. The Apartment Allottee agrees that he / she shall have no other claim against the Company in respect of the said Apartment and parking space under this Agreement. If the Apartment Allottee fails to exercise his/her right of termination within the time limit as aforestated, by delivery to the Company of a written notice acknowledged by the Company in this regard then he/she shall not be entitled to terminate this Agreement thereafter and he/she shall continue to be bound by the provisions of the this Agreement. 11.4 Failure to deliver Possession : Remedy to To be deleted. the Company The Apartment Allottee agrees that in consequence of the Company abandoning the Scheme or becoming unable to give possession within three (03) years from the date of execution of this Agreement or such extended periods as permitted under this Agreement, the Company shall be entitled to terminate this Agreement whereupon the Company's liability shall be limited to the refund of the amounts....
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....possession' shall mean supply of electrical energy, taxes etc. as that the apartment shall be in a may be notified by the Company to the habitable condition which is Apartment Allottee under the terms of this complete in all respects. Agreement, and all other defaults of similar nature. In case of Default by Company under the conditions listed above, Allottee is entitled to Failure to perform and observe any or all the following: of the Apartment Allottee's obligations including those contained in {12(i)] above (i) Stop making any more payments as set forth in this Agreement or if the to Company as demanded by the Apartment Allottee fails to execute any Company. If the Allottee stops other making payments, the Company deed/document/Undertakings/indemnities shall correct the situation by etc. or to perform any other obligation, if completing the construction any, set forth in any other Agreement with milestones and only thereafter the the Company in relation to the said Allottee be required to make the Apartment. next payment without any penal interest or Failure to take over the said Apartment (ii) The Allottee shall have the option for occupation and use wit....
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....f event(s) of default under this Agreement including but not limited to those specified above, the Company may, at its sole discretion decide, by notice to the Apartment Allottee, to cancel this Agreement. If the Company elects to cancel this Agreement, the Apartment Allottee shall have thirty (30) days from the date of issue of notice of cancellation by the Company to rectify the default as specified in that notice. The Apartment Allottee agrees that if the default is not rectified within such thirty (30) days, this Agreement shall be liable to be cancelled/cancelled without any further notice and the Company shall have the right to retain, as and for liquidated damages, the entire earnest money as specified in this Agreement along with the interest on delayed payments, any interest paid, due or payable, any other amount of a non-refundable nature. The Apartment Allottee agrees that upon such cancellation of this Agreement, the Company will be released and discharged of all liabilities and obligations under this Agreement and the Apartment Allottee hereby authorises the Company that the said Apartment and the car parking space may be sold to any other party by the Company or dealt....
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....l full in this Agreement or as demanded by the and final settlement of all dues and stamp Company from time to time prior to the duty and registration charges to the execution of the Conveyance Deed. In Company is made by the Allottee. case the Apartment Allottee fails to deposit the stamp duty, registration The Allottee shall be solely responsible and charges and all other incidental and legal liable for compliance of the provisions of expenses etc. so demanded within the Indian Stamp Act, 1899 including any period mentioned in the demand letter, actions taken or deficiencies/penalties the Company shall be free to appropriate imposed by the competent authority(ies). the part of sale price paid by the Apartment Allottee towards the said charges and expenses and the Apartment Allottee shall forth with deposit the shortfall in the sale price so caused together with interest for the period of delay in depositing the sale price so appropriated according to payment plan at the rate and in the manner mentioned in the Schedule of Payment (Annexure III) hereof. If the Apartment Allottee is in default of any of the payments as set forth in this Agreement then the Apartment Allottee authoris....
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.... any other nominee/ agency or the Company shall handover the other body/ association of apartment maintenance of the GHS Belaire in all owners as may be appointed by the respects to a legally constituted association Company from time to time for the of apartment owners (hereinafter referred to maintenance and upkeep of the said as the "RWA") on the date of filing of the portion of land/ the said Building/ the said Deed of Declaration and shall give an Complex. This Agreement shall not be undertaking and affidavit to that effect in deemed to be executed till the draft favor of the RWA. Tripartite Maintenance Agreement is signed and returned with this agreement. The Allottee undertakes to pay maintenance The Apartment allottee further undertakes charges at a rate to be determined by the to abide by the terms and conditions of RWA for each Apartment and proportionate the Tripartite Maintenance Agreement undivided share in the Common Areas and and to pay promptly all the demands, Facilities. The entire Common Areas and bills, charges as may be raised by the Facilities (as listed in Annexure []) shall be maintenance agency from time to time. available for use and ownership by the The co....
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....ilding/said shall not be deemed to be executed till the Complex, however, if at any time, after draft Tripartite Maintenance Agreement is having taken over the said Building/said signed and returned with this agreement. Complex, the said association of The Allottee further undertakes to abide by apartment owners, condominium of the terms and conditions of the Tripartite association decides to modify, alter, add, Maintenance Agreement and to pay delete any one or more of the terms and promptly all the demands, bills, charges as conditions of the Draft Tripartite may be raised by the Maintenance Agency Maintenance Agreement, the Apartment from time to time. The Company reserves Allottee shall not have any objection to the right to change modify, amend, impose the same and shall execute the Tripartite additional conditions in the Tripartite Maintenance Agreement as may be Maintenance Agreement at the time of its required by the said Maintenance Agency final execution. The maintenance charges or Association of Apartment Owners or shall become applicable/ payable from the Association of Condominium or its date the Maintenance Agency commences nominees or assigns. The payment of the main....
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....ailure of the Allottee to pay the March calculated from the date of maintenance bills, other charges on or realization of the amount by the before the due date, the Allottee in addition Company. In case of failure of the to permitting the Company to deny him/ her Apartment Allottee to pay the the right to avail the maintenance services maintenance bills, other charges on or also authorises the Company to adjust in before the due date, the Apartment the first instance, the interest accrued on the Allottee in addition to permitting the interest bearing maintenance security Company to deny him/ her the right to against such defaults in the payment of avail the maintenance services also maintenance bills and in case such accrued authorises the Company to adjust in the interest falls short of the amount of the first instance, the interest accrued on the default, the Allottee further authorises the interest bearing maintenance security Company to adjust the principal amount of against such defaults in the payment of the interest bearing maintenance security maintenance bills and in case such against such defaults. If due to such accrued interest falls short of the amount adjustment in th....
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....his Agreement. It is made specifically clear and it is so agreed by and between the parties hereto that this part of the Agreement relating to interest bearing maintenance security as stipulated in this clause shall survive the conveyance of title in favour of the Apartment Allottee and the Company/ the maintenance agency shall have first charge/ lien on the said Apartment in respect of any such non-payment of shortfall/ increases as the case may be. The Company shall at its sole discretion have the right to refund/ offer to refund at its sole option in full and final settlement of the IMBS, after adjusting therefrom any outstanding maintenance bills and/ or other outgoings of the Apartment Allottee at any time including upon execution of the conveyance deed and thereupon the Company shall stand completely absolved/ discharged of all its obligations and responsibilities concerning the IBMS, including but not limited to issues of repayment, refund and/ or claims, if any, of the Apartment Allottee on account of the same. In the alternative, the Company shall have the sole right to transfer to the Maintenance Agency the IBMS of the Apartment Allottee, after adjusting....
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....hin Haryana Bijli Dakshin Haryana Bijli Vitran Nigam Ltd. Vitran Nigam Ltd. (DHBVN) or from any (DHBVN) or from any other body/ other body/ commission/ regulatory/ Commission/ Regulatory/ Licensing licensing authority constituted by the Authority constituted by the Government Government of Haryana for such purpose, of Haryana for such purpose, to receive to receive and distribute bulk supply of and distribute bulk supply of electrical electrical energy in the GHS Belaire, then energy in the said Complex, then the the Allottee undertakes to pay on demand to Apartment Allottee undertakes to pay on the Company proportionate share as demand to the Company proportionate determined by the Company of all deposits share as determined by the Company of and charges paid/ payable by the Company all deposits and charges paid/ payable by or the Maintenance Agency to DHBVN/ any the Company or the maintenance agency other body/ commission/ regulatory/ to DHBVN/ any other Body/ Commission/ licensing authority constituted by the Regulatory/ Licensing Authority Government of Haryana, failing which the constituted by the Government of same shall be treated as unpaid portion of Haryana, failing which ....
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....time to time. Allottee is attached as Annexure IX to this Agreement. The Apartment Allottees agrees to pay any increase in the deposits, charges for bulk supply of electrical energy as may be demanded by the Company from time to time. 14.4 Fixation of total Maintenance Charges Fixation of total Maintenance Charges The total maintenance charges as more The total maintenance charges, as more elaborately described in the Tripartite elaborately described in the Tripartite Maintenance Agreement (draft given in Maintenance Agreement (draft given in Annexure VII) will be fixed by the Annexure []), will be fixed by the maintenance agency on an estimated Maintenance Agency on an estimated basis basis of the maintenance costs to be of the maintenance costs to be incurred for incurred for the forthcoming financial the forthcoming financial year. year. Maintenance charges shall be levied from the date of issue of It is agreed by the Allottee that the payment occupation certificate and the Apartment of maintenance charges will be applicable Allottee undertakes to pay the same whether or not the possession is taken by promptly. It is agreed by the Apartment the Allottee. ....
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....o pay fixed and other charges for the central air- at a rate to be determined by the conditioning plant(s) which may form a part company/ association of apartment of the maintenance charges of the GHS allottee/ maintenance agency for the Belaire or may be billed separately by the utilization of the chilled water through Company/the Maintenance Agency at its/ BTU meters installed by the Company for their sole discretion. each apartment and further agrees to pay the fixed and other charges for the central air-conditioning plant(s) which may form a part of the maintenance charges of The Belaire or may be billed separately by the Company/ association of the apartment allottees/ the Maintenance Agency at its/ their sole discretion. 14.5 Payment for replacement, upgradation, Payment for replacement, up gradation, additions of Lifts, DG Sets, Electric Sub- additions of Lifts, DG Sets, Electric Sub- stations, Pumps, Fire Fighting Equipment stations, Pumps, Fire Fighting Equipment and other Capital Plants/ Equipments. and other Capital Plants/ Equipments. That as and when any Plant & Machinery As and when any plant & machinery within within the said Complex/ said Building/....
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....as listed in Part D determined and thereafter billed by the of Annexure IV shall be subject to timely Maintenance Agency or the RWA (or the payment of total Maintenance Charges as maintenance agency appointed by it) and billed by the maintenance agency and performance by the Allottee of all his/her performance by the Apartment Allottee of obligations in respect of the terms and all his/ her obligations under this conditions specified by the Maintenance Agreement and the tripartite Maintenance Agency or the RWA from time to time. Agreement. If the maintenance charges are not paid by the Apartment Allottee regularly and on or before its due date, then the Apartment Allottee agrees that he/ she shall have no right to use such common areas and facilities. But so long as the maintenance charges and all payments envisaged under these presents are regularly paid, on or before due date and convenants are observed, the Apartment Allottee shall be entitled to use such common areas and facilities as listed in Part-A and Part-B of Annexure IV and the exclusive use of parking spaces as listed in Part D of Annexure-IV. 14.7 Right to enter the said Apartment for Right to enter the Apartm....
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....t Allottee at his/ her own cost. insuring the Building structure shall be The cost of insuring the Building structure recovered from the Allottee as a part of total shall be recovered from the Apartment maintenance charges and the Allottee Allottee as a part of total maintenance hereby agrees to pay the same. charges and the Apartment Allottee hereby agrees to pay the same. The The Allottee shall not do or permit to be Apartment Allottee shall not do or permit done any act or thing which may render void to be done any act or thing which may or voidable insurance of any Apartment or render void or voidable insurance of any any part of the Building(s) / GHS Belaire or Apartment or any part of the said Building cause increased premium to be payable in or cause increased premium to be respect thereof for which the Allottee shall payable in respect thereof for which the be solely responsible and liable Apartment Allottee shall be solely responsible and liable. 15 Use of Basement and service areas Use of Basement and Service Areas The basement(s) and service areas, if The basement(s) and service areas, if any, any, as may be located within the said as may be located within the G....
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....reof or of spaces, passages, with the use thereof or of spaces, corridors or amenities available for common passages, corridors or amenities use. available for common use. The Apartment Allottee hereby agrees/ indemnifies the Company against any penal action, damages or loss due to misuse for which the Apartment Allottee/ occupant shall be solely responsible. If the Apartment Allottee uses or permits the use of the said Apartment for any purpose other than residential, then the Company shall be entitled to treat this Agreement as cancelled and to resume the possession of the said Apartment and the Apartment Allottee has agreed to this condition. The Apartment Allottee specifically agrees that the use for which the apartment is purchased shall not be altered without obtaining prior consent in writing from the Company and any change in the specified use shall be treated as a breach of this Agreement entitling the Company to cancel the allotment and forfeit the entire money deposited by the Agreement Allottee. Thereafter, the Apartment Allottee shall not have any right title or interest in the said Apartment applied herein. 17 Use of terraces Use of Terrace(....
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....ng is not in any way damaged or condition and ensure that the support, jeopardized. The Allottee further shelter etc. of the Building or pertaining to undertakes, assures and guarantees that the Building in which the said Apartment he/she would not put any sign-board / is located, is not in any way damaged or name-plate, neon light, publicity material or jeopardized. The Apartment Allottee advertisement material etc. on the face / further undertakes, assures and facade of the Building or anywhere on the guarantees that he/she would not put any exterior of the Building or Common Areas sign board/ name-plate, neon-light, and Facilities. The Allottees shall also not publicity material or advertisement change the colour scheme of the outer walls material etc. on the face/ facade of the or painting of the exterior side of the doors Building or anywhere on the exterior of and windows etc. or carry out any change in the Building or common areas. The the exterior elevation or design. Further the Apartment Allottee shall also not change Allottee shall not store any hazardous or the color scheme of the outer walls or combustible goods in the Apartment or painting of the exterior side of the ....
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....from time to he/she has taken over for occupation and time after he/she has taken over for use the said Apartment, all the occupation and use the said Apartment requirements, requisitions, demands and all the requirements, requisitions, repairs which are required by any demands and repairs which are required development authority/ municipal authority/ by any Development Authority/ Municipal Government or any other competent Authority/ Government or any other authority in respect of the Apartment/ Competent Authority in respect of the Building at his/ her own cost and keep the said Apartment/ Building at his/ her own Company indemnified, secured and cost and keep the Company indemnified, harmless against all costs, consequence secured and harmless against all costs, and all damages, arising on account of non- consequence and all damages, arising on compliance with the said requirements, account of non-compliance with the said requisitions, demands and repairs. requirements, requisitions, demands and repairs. 20 Alterations of unsold units Alterations and Maintenance of Unsold Units The Company shall have right, without any approval from any Apartment Allottee The Company sh....
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....the Apartment Allottee confirms that he/ she has specifically noted the same. 22 Right of the Company to make additional No additional constructions constructions The Company undertakes that it has no The Apartment allottee agrees and right to make additions or to put up authorises the Company to make additional structure(s) anywhere in the GHS additions to or put up additional structures Belaire after the building plan has been in/upon the said Building or Additional approved by the competent authority (ies) Apartment Buildings(s) and /or structures as enclosed in Annexure []. anywhere in the said Complex/Said portion of Land as may be permitted by the competent authorities and such additional Apartment Building(s)/structures shall be the sole property of the Company which the Company will be entitled to dispose off in any way it chooses without any interference on the part of the Apartment Allottees. The Apartment Allottee agrees that the company, at its cost, shall be entitled to connect the electric, water, sanitary and drainage fittings on the additional structures/stories with the existing electric, water, sanitary and drainage sources. The Apartment allottee further....
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....rtgage by by the Company the Company The Apartment Allottee agrees that no The Allottee agrees that no lien or lien or encumbrance shall arise against encumbrance shall arise against the said the said Apartment as a result of this Apartment as a result of this Agreement or Agreement or any money deposited any money deposited hereunder by the hereunder by the Apartment Allottee. In Allottee. In furtherance and not in furtherance and not in derogation of the derogation of the provisions of the provisions of the preceding sentence the preceding sentence, the Allottee agrees that Apartment Allottee agrees that the the provisions of this Agreement are and provisions of this Agreement are and shall continue to be subject and subordinate shall continue to be subject and to the lien of any mortgage heretofore or subordinate to the lien of any mortgage hereafter made/ created by the Company heretofore or hereafter made/ created by and any payments or expenses already the Company and any payments or made or incurred or which hereafter may be expenses already made or incurred or made or incurred pursuant to the terms which hereafter may be made or incurred thereof or incidental thereto or to ....
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....ent on financing Purchase not Dependent on financing contingency. contingency. The Apartment Allottee may obtain The Allottee may obtain finance from any finance from any financial institution/ bank financial institution/ bank or any other or any other source but the Apartment source but the Allottees' obligation to Allottees' obligation to purchase the said purchase the Apartment pursuant to this Apartment pursuant to this Agreement Agreement shall not be contingent on the shall not be contingent on the Apartment Allottee's ability or competency to obtain Allottee's ability or competency to obtain such financing and the Allottee will remain such financing and the Apartment Allottee bound under this Agreement whether or not will remain bound under this Agreement he/ she has been able to obtain financing for whether or not he/ she has been able to the purchase of the Apartment. obtain financing for the purchase of the said Apartment. 27 Haryana Apartment Ownership Act, 1983 Haryana Apartment Ownership Act, 1983 The Apartment Allottee has confirmed The Company has assured the Allottees and assured the Company prior to that the project in its en....
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....tside the land beneath the said building in which the said Apartment is located and the Company shall be entitled to sell, transfer, part with possession thereof or otherwise dispose of the same to any one and in any manner at its sole discretion and the apartment Allottee shall have no claim whatsoever of any sort therein. The Apartment Allottee undertakes to join any society/ association of the apartment owners and to pay any fees, charges thereof and complete such documentation and formalities as may be deemed necessary by the Company in its sole discretion for this purpose. 28 Association of Apartment Owners To be deleted. The Apartment Allottee agrees and undertakes that he/she shall join any Association/society of Apartment Owners as maybe formed by the Company on behalf of apartment owners and to pay any fees, subscription charges thereof and to complete such documentation and formalities as may be deemed necessary by the Company for this purpose. An application form for enrolling the Apartment Allottee as a member of such Association is attached as Annexure VIII and the Apartment Allottee agrees to execute the same. 29 Binding effect Binding effec....
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....pany and dispatched and cancelled and all sums deposited by to the Allottee within 30 days from the date the Apartment Allottee in connection of its receipt from the Allottee. therewith shall be returned to the apartment Allottee without any interest or compensation whatsoever. Upon such refund being made neither party shall have any further right, obligations or liabilities against the other. 30 Agreement not assignable. Agreement not assignable. It is specifically clarified by the company The Allottee shall have the option to assign, to the Apartment Allottee that the transfer, nominate, convey its right in the apartment in 'The Belaire' being allotted Apartment along with the pro rata share in herein by way of this Agreement is non- the Common Areas and Facilities in any transferable in nature by the apartment manner. The Company undertakes to Allottee and the provisional/final allotment facilitate in giving effect to such assignment, that may be made by the Company shall transfer, nomination and conveyance by the not be assigned, transferred, nominated Allottee. or conveyed by the Apartment Allottee in any manner without prior written consent of the Co....
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....nt of the Allottee with some of the terms and Parties. conditions as may be stipulated in this document as and when it is finally executed at the appropriate time as notified by the company. The Apartment Allottee hereby confirms that he/she consents to the terms and conditions contained in this draft which shall substantially be the same in the final document to be executed at the appropriate time as notified by the Company. The Apartment Allottee further agrees that the Company shall have the right to impose additional terms and conditions or to modify/amend/change the terms and conditions as stated in this draft in the final document to be executed at the appropriate time. The Company further reserves the right to correct, modify, amend or change all the annexures attached to this Agreement and also annexures which are indicated to be tentative at any time prior to conveyancing of the said Apartment, as deemed necessary by the Company at its sole discretion. 33 Agreement Specific only to this To be deleted. Apartment/Project It is clearly understood and agreed by the Apartment allottee that the provisions of this agreement, draft tripartite Maintenance....
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....ate exercise of discretion by the @15% per annum and for all Company in the case of one periods of delay exceeding first Allottee shall not be construed to ninety (90) days after the due date be a precedent and /or binding on an additional penal interest @3% the Company to exercise such per annum (total interest 18% per discretion in the case of other annum only). It is made clear and Allottees. so agreed by the Apartment Allottee that exercise of discretion (ii) Failure on the part of the by the Company in the case of one Company to enforce at any time Apartment Allottee shall not be or for any period of time the construed to be a precedent and provisions hereof shall not be /or binding on the Company to construed to be a waiver of any exercise such discretion in the provisions or of the right case of other Apartment Allottees. thereafter to enforce each and every provision. b) Failure on the part of the Company to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision. 36 Severability No change required If any provision of this Agre....
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....e prevented, and performance is prevented, delayed or which adversely affects and makes it hindered by an act of God, fire, flood, impossible to perform obligations under this explosion, war, riot, terrorist acts, Agreement, which shall include: sabotage, inability to procure or general A. Acts of God, i.e. fire, flood, earthquake, shortage of energy, labour, equipment, natural disasters or acts of like nature; facilities, materials or supplies, failure of B. Air crashes; transportation, strikes, lock outs, action of C. War and hostilities of war, riots or civil labour unions or any other cause commotion of a prolonged nature of atleast (whether similar or dissimilar to the 6 month(s); foregoing) not within the reasonable D. Any event or circumstance analogous to control of the Company. the foregoing. 40 Right to join as affected Party Right to join as affected Party The Apartment Allottee agrees that the The Allottee agrees that the Company shall Company shall have right to join as an have the right to join as an affected party in affected party in any suit/complaint filed any suit/complaint filed before any before any appropriate court by the appropriate court by the All....
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....urances The Apartment Allottee and the persons Both Parties agree that they shall execute, to whom the said Apartment or part acknowledge and deliver to the other such thereof is let, transferred, assigned or instruments and take such other actions, in given possession shall execute, additions to the instruments and actions acknowledge and deliver to the Company specifically provided for herein, as may be such instruments and take such other reasonably required in order to effectuate actions, in additions to the instruments the provisions of this Agreement or of any and actions specifically provided for transaction contemplated herein or to herein, as the Company may reasonably confirm or perfect any right to be created or request in order to effectuate the transferred hereunder or pursuant to any provisions of this Agreement or of any such transaction. transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 44 Copies of the Agreement No modification required Three copies of this Agreement shall be executed and the Company shall retain the orginal and a copy of this Agreement and send th....
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....o the Allottee whose name whose name appears first and at the appears first and at the address given by address given by him/her which shall for him/her which shall for all intents and all intents and purposes to considred as purposes to considered as properly served properly served on all the Apartment on all the Allottees. Allottees. 48 Certain References No modification required Any reference in this Agreement to any one gender, masculine, feminine or neuter includes the other two and the singular includes the plural and vice versa, unless the context otherwise requires. The terms "herein", "hereto", "hereunder", "hereof" or "thereof" or similar terms used in this Agreement refer to this entire Agreement and not to the particular provision in which the term is used unless the context otherwise requires. Unless otherwise stated all references herein to clauses, sections or other provisions are references to clauses, sections or other provisions of this Agreement. 49 Right to Transfer Ownership Right to Transfer Ownership The Company reserves the right to The Company reserves the right, during the transfer ownership of the said The Belaire period of construction ....