The Allotee(s) have full knowledge of laws, notifications, rules as applicable to this area and has fully satisfied himself/herself about the interest, rights and title of the Company in the land where the Project is proposed to be developed.
The Company shall, in its sole discretion and in accordance with applicable law, determine the Zoning Plan, specifications, quantity, standard and quality of material to be used in development/construction of Project and nature of facilities to be provided in the Project.
The Applicant understands and agrees that the License of the said Project is granted by the competent authority, the Company shall confirm the area of the Plot at the time of offer of possession of the Plot and:
In the event of reduction in the area of the Plot as mentioned in the Application, the Company shall refund the excess amounts paid by the Applicant without interest within 90(ninety) days from the date when such excess amount was paid.
In the event of any increase in the area of the Plot, which shall not be more than 5% (five percent) of the area of the Plot as mentioned in the Application, the Company shall be entitled to demand the payable amounts along with the next due instalment as per the Payment Plan. All such adjustments in the amounts payable or refundable as the case may be shall be made at the same rates as agreed herein.
The Applicant is fully satisfied with the title of the Company in the Project where the Plot is located. Further, the Applicant has examined and is satisfied with the nature of rights, title and interest of the Company in the Project, which is being developed by the Company as per terms of collaboration with Landowners and as per the applicable laws. The Applicant agrees and accepts to abide by the terms and conditions of all the permissions, sanctions, directions issued by DTCP and/or by any other competent authorities in this regard, to the Company.
The Applicant has inspected the site of the Project where the Plot is proposed to be located. The Applicant has not merely rely upon the Site Plan/Zoning Plan or any architect’s plan, sales plan, sales brochures, advertisement, representations, warrantees, statements or estimates of any nature whatsoever, whether written or oral, made by the Company and has made his personal independent judgment prior to booking the Plot.
The Applicant shall before taking possession of the Plot, clear all the dues towards the Plot as per payment plan opted by him/her and have the conveyance deed for the Plot registered in his/her/its favour after paying stamp duty, registration fee and other charges/expenses, as applicable, at the concerned sub registrar office.
The Applicant undertakes to abide by all applicable laws including any bye laws, laws, rules and regulations including the RERA Act and HRERA Rules framed thereunder.
The Applicant may avail loans from financial institutions to finance the purchase of the said Plot. However, if a particular financing institution or bank refuses to extend financial assistance on any ground, the Applicant shall not make such refusal an excuse for non-payment of further installments / dues. In case there is delay in processing the loan in favour of the Applicant due to any reason what-so-ever and consequently the payments of installments are delayed by the Applicant to the Company, the Applicant agrees and accepts to make the payment of accrued interest to the Company, unconditionally.
The Applicant, on becoming an allotee in the manner as provided in this Application, shall be liable to pay the Consideration for the Plot as per agreed payment plan. The Consideration includes the Booking Amount/Earnest Money paid by the Applicant to the Company towards booking/allotment of the Plot.
In case there is any change or modification in the rate of any applicable EDC/IDC/GST/ taxes/ fees/ charges/ levies etc., the subsequent amount payable by the Applicant (successful allottee) to the Company shall be increased or decreased based on such change or modification. Provided further that GST is applicable on interest, late fees and penalty on delayed payment. Pursuant to foregoing, interest, late fees and penalty on delayed payment, along with GST applicable thereon will be computed as and when the Applicant will make such payments to the Company on account of delayed payment. Provided further that if there is any increase in the rate of taxes / fees/ charges/ levies etc. after the expiry of the scheduled date of completion of the Project as per registration with the competent authority, which shall include the extension of registration, if any, granted to the Project by the competent authority, as per the RERA Act and or HRERA Rules, the same shall not be charged from the Applicant (successful allottee).
The Company shall periodically intimate, in writing, to the Applicant, the amount payable as stated above and the Applicant, shall make payment demanded by the Company within the time and in the manner specified therein. In addition, the Company shall provide to the Applicant, the details of the GST/ taxes/ fees/ charges/ levies etc. paid or demanded along with the acts/rules/notifications together with dates from which such taxes/ fees/ charges/ levies etc. have been imposed or become effective.
The Consideration of the Plot includes recovery of price of land, development/construction of the common areas, where applicable cost of providing electric wiringupto the Plot, electrical connectivity point upto the Plot, water line and plumbing connection point upto the Plot, finishing any other infrastructure or utility based charges etc. and includes cost for providing all other facilities, amenities and specifications to be provided at the Plot, as may be applicable, and the Project. Further, external development charges and taxes, as applicable, shall be payable/recoverable over the above-mentioned Consideration, as per applicable laws.
Except as otherwise provided, the Consideration is escalation free, save and except increases which the Applicant hereby agrees to pay, due to increase on account of development charges payable/taxes 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 Company undertakes and agrees that while raising a demand on the Applicant for increase in development charges, cost/charges/taxes and/or any other applicable charges imposed by the competent authorities, the Company shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Applicant 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 for the Project/Plot as per registration with the competent authority, which shall include the extension of the registration, if any, granted to the said Plot by the competent authority, as per applicable laws, the same shall not be chargeable from the Applicant.
Any default in payment by the Applicant shall attract an interest of Bank MCLR+2% per annum or as prescribed under the HRERA Rules. The Applicant shall make all payment only through cheques/demand drafts/RTGS/NEFT issued in favor of Company and/or any other mode as approved by the Company.
That the Company shall complete the development work of the Plot and offer possession to the allotteeon or before31.10.2027. Upon receipt of the completion certificate/part completion certificate in respect of the Project/Plot, the Company shall issue a written notice offering the possession of the Plot (‘Notice of Possession’), to the Applicant offering the possession of the Plot to be taken within 3 (three) months from the date of issue of the completion certificate/part completion certificate. Upon receiving the Possession Notice from the Company, the Applicant shall pay the due amounts as per demand raised with Notice of Possession, take possession of the Plot from the Company by executing necessary indemnities, undertakings and such other documentation as prescribed in the Agreement for Sale, execute and register the conveyance deed and thereafter the Company shall handover possession of the Plot to the Applicant/allottee(s). In case the Applicant fails to take possession within the time provided in the Notice of Possession, in such event the Applicant shall continue to be liable to pay the delayed payment interest, maintenance charges and holding charges in accordance with the terms of Agreement for Sale.
If the offer of possession of the Plot is delayed due to Force Majeure, the time period for offering possession shall stand extended automatically to the extent of the delay caused under the Force Majeure circumstances. The Applicant shall not be entitled to any compensation for the period of such delay in offer of possession of the Plot. The Applicant agrees and confirms that, in the event it becomes impossible for the Company to implement the Project due to Force Majeure conditions, then the Agreement For Sale and the allotment of the Plot shall stand terminated and the Company shall refund to the Applicant the entire amount received by the Company from the Applicant within 90 (ninety) days from that date on which Company confirms that it has become impossible for the Company to implement the Project. The Company shall intimate the Applicant about such termination at least 30 (thirty) days prior to such termination of the Agreement. After refund of the money paid by the Applicant, the Applicant agrees that he/ she shall not have any rights, claims etc. against the Company and that the Company shall be released and discharged from all its obligations and liabilities under the Agreement for Sale. ‘Force Majeure’ shall have the meaning as ascribed to it in Explanation to section 6 of the Real Estate (Regulation and Development) Act 2016, as amended from time to time, which as of the date reads as a case of war, flood, drought, fire, cyclone, earthquake, lock down declared by the competent govt., or any other calamity caused by nature affecting the regular development of a real estate project.
The Plot shall be used only for construction of residential building purposes only, by the Applicant. After handing over of the possession of the Plot by the Company, the Applicant shall himself/herself be responsible for construction, repairs and maintenance of building thereof.
The Applicant shall be entitled only to the area enclosed within the boundary of the of the Plot. Applicant shall not keep any material in the common areas of the Project. Applicant shall be entitled to use the common areas of the Project alongwith other allottees for such purposes for which such common areas have been developed.
The applicant understands that if this application is selected and the Plot is allotted to him/her/it then Applicant shall raise construction on the Plot only after obtaining necessary approvals/sanctions including but not limited to approval of building plan from the competent authorities and in compliance of The Haryana Building Code 2017 as amended from time to time.
The Applicant shall pay/bear costs of consumption of electricity and water for the Plot as well as the proportionate running cost (i.e. electricity, water, manpower & consumables) for providing common services and facilities in the Project with effect from the date of offer of possession of Plot by the Company.
After the provisional allotment if any applicant wishes to withdraw then the applicant needs to visit the site office and submit a written application for the same. After the application is received the registration amount of INR 21,000/- would be refunded in full within 30 days.
The registration amount INR 21,000/- would be refunded within 30 days to the unsuccessful applicants and the applicants not interested after the provisional allotment.
After the provisional allotment the applicants can choose/book units of any size subjected to availability, on first come first serve basis.
The Company through a maintenance service agency shall maintain and upkeep of all roads, open spaces, public parks and public health services till handover of the Project to the association of the allotteesunless relieved of this responsibility and thereupon to transfer all such roads, open spaces, public parks and health services free of cost to the association of the allotteesGovt. or the local authority, as the case may be, in accordance with the provisions of section 3(3)(a)(iii) of the Haryana Development and Regulation of Urban Areas Act, 1975.
The Applicant(s) shall have no objection in case the Company creates any charge on the Project or the land on which it is situated during the period of development of the Project for raising loan from any bank/financial institution. However, such charge, if created, shall be vacated before registration of the conveyance deed/ handling over possession of the Plot to the Applicant.
The Applicant hereby undertakes to inform the Company of any change in his address or in any other particular/information, given above, in writing, failing which the particulars available in the Application shall be deemed to be correct and all the letters or any kind of communication sent at the recorded address by the Company, shall be deemed to have been received by the Company and shall not be subject to any dispute of any nature. In case of any default in communication due to incorrect information the Applicant(s) shall be liable to borne all the cost and expenses.
In case of joint Applicant(s), the Company shall send all letters/ notices and communications to the sole/first Applicant at the address given in the application form through registered/speed post or through courier. All such letters/notices and communications so sent to the sole/first Applicant shall be deemed to have been duly received by all Applicant(s) within 5 days from the date of dispatch. The Company shall not be liable to send separate communication, letters and notices to the second Applicant(s) or to Applicant(s) other than the first Applicant(s).
General terms in respect of development of Project and construction on Plot:
The Company shall be entitled and have absolute right, at its sole discretion, to add / integrate any additional contiguous land adjacent to the Project Land or plan a new similar project in integration of this Project on additional contiguous land or launch a new phase of this Project on additional or adjacent / adjoining land, subject to compliance to applicable laws in this regard. In such case, the Company shall be entitled to get amended/sanctioned layout/zoning plan of the Project and get additional licenses/license from DTCP Haryana or any other competent authority in addition to the existing license for the Project as per the applicable laws. The allotte(s) of the extended project on additional contiguous land shall be entitled to similar rights to use the facilities, amenities & utilities of the Project as may be available to the allottee of this Project. Similarly, the allottees of this Project shall have similar rights to use the facilities, amenities & utilities, as may be available to the allottees of the new / integrated project on the additional contiguous land.
The Company shall be entitled to conjoint and connect various facilities and amenities such as roads, power/ electricity supply, water supply, drainage, sewerage etc. with the presently approved facilities and amenities of the Project for the future development and/ or expansion of the Project or any part or portion thereof and for the additional development to form part/phase of the Project and/or as may otherwise be permissible, as per the Applicable Laws and/ or as permitted by the Competent Authority(ies). The allottee shall not raise any objection for the same or claim any reduction in consideration of the said Plot and/or ask for any account or compensation or damages on the ground of inconvenience or withhold, refuse or delay the payment of maintenance charges and/ or on any other ground. The allottee(s) agrees and undertakes that he / she / it / they shall not raise any objection in this regard and provide any specific consent in writing to the Company as may be required under provision of RERA Act or any other applicable laws in this regard.
The allottee undertakes and agrees that the construction and development on the Plot including but not limited to any additions, alterations or changes shall be carried out strictly in accordance with the building/Zoning and other plans approved by the competent authorities.
The allottee shall give a prior notice to Company/ the Maintenance Agency, as may be applicable, about all construction/interior/ exterior works proposed to be undertaken inside the Plot/building to be constructed on Plot. In carrying out any such works and activities, the allottee shall duly adhere to all fire and other safety regulations and other applicable laws, and rules, regulations, bye laws and guidelines of the Association of allottees/ the Maintenance Agency and shall not exceed electrical loads beyond the allocated limits. The Company/ Association of allottees/ the Maintenance Agency shall have the right to inspect the building constructed/under construction on the Plot to ensure that all constructions and interior works are compliant with the provisions of sanctioned plans and applicable laws, in case any deviation found then may also direct and require the allottee to undertake such modifications or alterations as may be necessary to ensure compliance of sanctioned plans and applicable laws.
The allottee agrees and understands that no sub-division of the Plot and/or merger of two or more plots and building constructed thereupon shall be carried out without prior approval of the competent authority and as permitted under applicable bye-laws/ rules and regulations. All expenses (including cost, fee, levies, and charges) in this regard shall be paid by the allottee.
The allottee understand and agrees to undertake & complete the construction and development of residential building on the Plotand to obtain occupation certificate for the same at its own cost.
In the event the allottee breaches any or all of the above terms in respect of construction guidelines issued by the Company/competent authority, then the Company shall have all the rights to take appropriate legal action against the allottee as permissible in law.
The allottee agrees and undertakes that the if any damage caused by the allottee/its contractor/agent/employee etc., during construction/repairing work of the building on the Plot, to the common areas of the Project including but not limited to road, sewage line, water supply line, electricity line/pole(s)/electric station and other common services, facilities, open/green areas etc., then the allottee shall be liable for any such damages caused to the facilities, amenities, services, road, green/open areas of the Project during construction of building on the Plot and the allottee agrees either repair such damages caused at its own cost to the full satisfaction of the Maintenance Agency/Association of allotteesor pay for the cost borne by the Maintenance Agency for repairing such damages. In the event the allottee fails to repair the damages caused by the allottee/its contractor/agent/employee etc. to the full satisfaction of the Maintenance Agency/Association of allottees or to pay the cost of the same then the same shall be recovered in next due maintenance bill to be raised by the Maintenance Agency.
That the rights and obligations of the Applicant and the Company under or arising out of this Application shall be construed and enforced in accordance with the applicable laws of India.
All or any disputes arising out or touching upon or in relation to the terms and conditions of this Application/, including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the RERA Authority/adjudicating officer appointed under the RERA Act.
