Haryana Commercial Complex
Terms & Conditions
- The applicants(s) has/have made this application for the allotment of commercial unit with full knowledge of all the laws/notifications and rules applicable to the area where the commercial unit is proposed to be developed which have been fully explained by the company and understood by the applicant.
- The Applicants(s) acknowledges and the company has fully disclosed that the title and requisite approvals including but not limited to license application by the company in respect of the commercial complex being known as “114 Avenue”
- The drawing/plans displayed in the office of the company or through our authorized agents showing the proposed projects hereinafter referred to as „the project‟ are provisional and tentative. The Company can carry out such additions, alterations, and deletions in the layout plan, building plans, and floor plans as the company may consider necessary or as directed by any competent authority while sanctioning the building plans or at any time without any objection by the intending allottee.
- That I/We do acknowledge that the Company has not finalized any agreement with the Operator for the serviced apartments and agree and undertake that the Company shall be entitled to enter into the agreement with any Operator at its own discretion and choice on such terms and conditions as may be agreed to with such Operator. In case, any agreement/understanding if any, with such Operator is not entered before allotment of serviced apartments, the Company shall be at its liberty to refund the provisional registration amount without any interest.
- It is clearly understood by the Intending Allottee that the Commercial space/serviced apartment is being sold to the Intending Allottee with the clear understanding that the Intending Allottee shall lease back the said space allotted, to the Operator or any other agency/third party that may be appointed by the Company in this respect for such period and on such terms and conditions including initial lock in period 6. That confirmed registration/allotment for a Retail/office space in the project shall be made available to me/us within 6 months form the date of Advance Provisional Registration, and the said deposit made by me/us will be adjusted in the money payable by me/us if and when confirmation of registration/allotment for a commercial space is made to me/us.
- The timely payment of installments as per the opted payment plan shall be of the essence. In case of default the earnest money would be forfeited and the balance, if any, would be refundable without interest. In exceptional circumstances, the Company may, in their sole discretion, condone the delay in payment by charging interest on the rate to be decided by the company on the amounts in default.
- That the Commercial space/serviced apartments will be allotted to me/us at the basic discounted rate as herein below. The Preferential Location Charges (PLC), , Power Back up, Car Park ( for right to use only), EDC, IDC and any enhancement thereof, value added service tax, stamp duty, registration fee and other charges of any other statutory levies shall be borne by me/us. It is further understood by the applicant that the calculations of all the charges as applicable shall be more clearly defined in the Buyers Agreement and upon execution of Buyers agreement, the method of payment stated therein shall become binding upon parties to Buyer‟s Agreement.
- The Applicant (s) agree(s) that he/she/they shall pay the consideration of the commercial unit and such other charges calculated on the basis of super area, which is understood to include pro rata share of the common areas in the project and proportionate share of the other common facilities, specifically provided in the Buyer‟s Agreement, which may be located anywhere in the said project, at the sole discretion of the company. It is further understood by the Applicant(s) that the calculation of super area of the commercial unit shall be more clearly defined in Buyer‟s Agreement and up on execution of the said Buyer‟s Agreement , the method of definition of super area, as stated therin, shall become binding on both parties. The the intending allottee shall not raise any dispute/claim in the manner in which the calculation of super area is done That the final area and measurement of Commercial space/serviced apartments may vary at the time of allotment and/or on completion of the project and accordingly, difference amount will be paid by me/refunded to me.
- The amount paid to the extent of 10% of the basic sale price of the unit shall constitute the earnest money which shall stand forfeited in case of delay in payment and/ or breach of any of the terms & conditions of allotment as also in the event of the failure by the intending allottee to sign the Unit Buyers Agreement/Allotment Letter within 45 days of booking.
- The intending allotee(s) shall reimburse to the Company and pay on demand all taxes, levies or assessments whether levied now or leviable in future, on land and/or the building as the case may be, from the date of allotment, proportionately till the unit is assessed individually.
- The Company on completion of the construction/ development shall issue final call notice to the intending allottee, who shall within 30 days thereof, remit all dues & take possession of the unit. In the event of his/her failure to take possession for any reason whatsoever, he/she shall be deemed to have taken possession of the allotted unit and shall bear all maintenance charges and any other levies on account of the allotted unit.
- The intending allottee(s) shall pay proportionate charges for maintenance and upkeep of common areas and services of the project to the company/its nominated agency. This agreement shall remain fully effective until the services are handed over to a body corporate or society or association of the buyers. The Company/Maintenance Agency shall be entitled to withdraw from maintenance of the project without assigning any reasons. The intending allottee(s) agree(s) and consent(s) to this arrangement. The intending allottee shall sign a separate maintenance agreement with the Company/Maintenance Agency; make an interest free security deposit for the timely payment of the maintenance charges and contribution to the Replacement & Sinking Fund as determined by the Company/ Maintenance Agency.
- The conveyance deed shall be executed in favour of the intending allottee on receipt of all payments as may be due. The intending allottee shall pay the Stamp Duty, Registration Charges and all other incidental charges for execution of conveyance deed in favour of the intending allottee.
- The intending allottee shall get his/her complete address registered with the Company at the time of booking and it shall be his/her responsibility to inform the Company by registered A/D letter about all subsequent changes, if any, in his/her address.
- The intending allottee shall not be entitled to get the name of his/her nominee substituted in his/her place without the prior approval of the Company, Such approval shall be granted on payment to administrative charges as prescribed 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 would be refunded in full within 30 days.
- The registration amount 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.
- In case there are joint intending allottees, all communications shall be sent by the Company to intending allottee whose name appears first and at the address given by him/her for mailing and which shall for all purpose be considered as served on all the intending allottees and no separate communication shall be necessary to the other named intending allottee.
- If as a result of any rules or directions of the Government or any Authority or if competent authority delays, whithholds, denies the grant of necessary approvals for Project or due to force majeure conditions, the Company after provisional and / or final allotment is unable to deliver the unit to the intending allottee the Company shall be liable only to refund the amounts received from him/her without interest.
- It is specifically understood by the intending allottee that the Company may incorporate additional terms and conditions in the Unit Buyers Agreement/ Allotment Letter over and above the terms and conditions of allotments set out in this application
- That I/We will have to take prior permission to transfer my/our Advance Provisional Registration from the Company and will have to pay processing fees & transfer charges as decided by the Company from time to time.
- The company reserves its right to cancel the Provisional Registration. Registration /Allotment if the future payments are delayed by two months from its due date. In case of continuance of Registration/Allotment, I/We shall be liable to pay interest and other penal charges as decided by the company from time to time.
- That District Court in Gurgaon and High Court at Chandigarh alone shall have the jurisdiction in all matters arising out of and /or concerning this transaction