TMI Blog2013 (1) TMI 736X X X X Extracts X X X X X X X X Extracts X X X X ..... une 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 can be on the part of the company as well on the part of the allottees and the agreement should provide for defaults of both the parties and the agreement must be equitable in dealing with both the sides and levy of interest /penalty should of equal level on both sides. The Commission also considers that Force Majeure in clause 39 should be defined as understood in common parlance of law. The consequent modifications are suggested in the clauses 35 & 39. In view of the modified clauses/sub clauses as suggested above in the agreement, certain clauses/sub clauses of the agreement have become superfluous. The Commission has suggested deletion of these clauses. Cer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n above case had held DLF Ltd. as a dominant enterprise in the geographic area of Gurgaon in the relevant market. The Commission found that DLF Ltd. had abused its dominant position and violated the provisions of Section 4 of the Competition Act, 2002(the Act) as DLF had made the flat owners i.e. members of the Informant association to sign a highly abusive apartment buyers agreement. In para 12.90 of its order, the Commission had noted a number of clauses of the agreement as examples of abusive nature. The Commission observed in para 12.91 that DLF Ltd. had made it clear 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fied agreement shall be finalized by DLF in consultation with buyers keeping in view of the findings and observations of the Commission. The exact terms and conditions of the agreement were not formulated as it involved specific contract with each buyer in respect of service/goods to be provided by the DLF and freedom was given by Commission to the parties to enter into mutually agreed contract. It was expected that in each such agreement DLF shall properly define the product/service as it was having exact spaces/carpet areas/common areas/dimensions etc. applicable in 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 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent in the final order dated 12.08.2011 of the Commission. He even argued that since the project stands completed and possession given, no modification in the agreement was at all necessary. 5. Before considering the modifications to be made in the clauses of the agreement, it is necessary to know relevant provisions of applicable laws for the development of a housing project in Gurgaon, Haryana and the place and role of a builder and buyer under the law. It is quite necessary to have a clear view of the laws applicable to both the parties and their respective rights 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or, Town and Country Planning, Haryana Government has discretion to reduce this percentage to 35% if in his opinion the planning requirement and size of the colony justify the same. However, he has to record reasons for reducing this percentage. (vi) The coloniser/ builder only acts as a developer. Once he has developed a Group Housing Complex and the apartment owners have paid the cost of External Development Charges (EDC), price of apartment and other charges, the builder is not supposed to have any right or concern left in the property. 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 instit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommon areas and facilities. Common areas of the plot of land on which Group Housing Colony is developed, in fact, belong to and are meant for the common use of apartment owners and once the apartments are sold, all the common areas and facilities vest jointly in apartment owners and are to be maintained by apartment owners by forming an association in terms of the laws laid down by Haryana Govt. (ix) The coloniser has to sign an agreement with the Haryana Govt. that he shall derive maximum net profit only of 15% of 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 execut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Rules, Regulations and Norms and annexures to the Rules in the form of bilateral agreement to be executed between colonizer and Govt., and the control to be exercised under the Act by the Director. 9. Judgment of Supreme Court in 'Nihal Chand Lallu Chand Pvt. Ltd. vs. Pancholi Cooperative Housing (AIR 2010 SC 3607)' also has bearing. In the judgment, it was held that garage is not an independent unit by itself, but is an appurtenant or attachment to flat within the 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 parki ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their consent to the company for the purpose of making necessary changes in the lay out plan of Phase V as and when new areas are included in the lay out plan as annexed to the agreement and the same shall stand automatically changed and the new lay out plan as drawn by the company and approved by the Haryana Govt. shall form part of the agreement. Admittedly, the rights of the allottees have been restricted to Belaire Group Housing Complex only. The reference to phase V Belaire 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by them. The company is not to bear burden of any State Tax or Central Tax in respect of the GH complex. The company cannot claim ownership of even an inch of the open area of the land of the complex. The entire land area of the complex falls under joint ownership of the allottees. The ownership is indivisible and the allottees have a right to manage the same by forming an association and can tell the company to move out of the area with lock stock and barrel. Thus, the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erest from the date of the payment of the amount till the date amount is returned to the allottee. The rate of interest should be commensurate with rate of interest being charged by the company from allottee on delayed payments. If the amount is adjusted against the balance payment payable by the allottee, it should be adjusted alongwith interest. The suggested modification is given in clause 1.5. 16. In the order, the Commission observed that DLF enjoyed unilateral 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 are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompany has stated that it may, at its own discretion for the purpose of complying with the Haryana Apartments Ownership Act, 1983 or other applicable Laws, substitute the method of calculating the proportionate share in the ownership of the land beneath the building/common areas or facilities. The company in so many words stated that the allottee will only have proportionate ownership rights in the land underneath the building i.e. the land which is the footprint of the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Particulars Remarks 1. DG Room/DG sets 2. Underground domestic and fire water tanks and pump room and pumps with May be located under any building or any other accessories suitable location in the 3. Electric sub-Belaire/zone-8, DLF City,station/transformers/electrical panels Phase V 4. Fan rooms 5. Laundromat 6. Maintenance stores and circulation areas 7. Sewerage treatment plant 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 m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given in the table below. 21. In the order, the Commission observed that clause 1.14 of the agreement was abusive since it gave sole discretion to DLF regarding arrangement for power supply and rates levied for the sale of power to the allottees. By this clause, the company takes away the right of Allottees' Association to get competitive offers from other players. DLF has arbitrarily foisted compulsory payments for another service- provider on the allottee. Clause 1.13 and 1.14 of the agreement are interconnected. Clause 1.13 is about power backup whenever the supply of DHBVN (State Electricity Board) is not there. Clause 1.14 envisages a situation when DHBVN fails to supply electricity to the complex. So long as Resident Welfare Association of the Complex does not take charge of services 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 sol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the fault of the allottee, the company was not even liable to return the amount actually paid by the allottee to the company with interest but the company, out of the amount paid by the allottee was to deduct the interest paid by the allottee and the interest due towards allottee on delayed payment as well as to deduct amount of non refundable nature. The company had not specified as to what was the amount of non-refundable nature to be deducted. Similar provision is there in clause 11.2 towards refund of amount attributable to the agreement without interest in case of the project getting scrapped altogether. Clause 11.3 provides that if for the reasons other than clause 11.1, 11.2 and clause 39, the company fails to deliver the possession to the allottees within three years from the date of 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to extend the period of delivery of possession on self serving grounds like non availability of material, non availability of work force, any govt. notifications, orders or litigations in the Court, which may even have been invited by the company itself, without any penalty on the company for such extended period of delivery. The allottee in case of delay in payment of the instalment had to pay interest to the company @ 15% within 1st 90 days and 18% thereafter. Even where the company failed to deliver the possession within the extended period, a written notice is to be given by the allottee with duly acknowledge receipt of the company whereas the company unilaterally, without any prior notice could terminate the agreement even in case of default in payment of instalment by the allottee. The abuse 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 acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riefly narrated above. These laws make it abundantly clear that once the plan for Group Housing Complex is approved by the competent authority as per the applicable FAR and these apartments are sold on the basis of such approved plans, the company is left with no rights either in the sold apartments or in the common areas. Once the apartments of the complex are sold for considerations or agreed to be sold, the company cannot change the plans without approval of the allottees since the allottees are charged not only for the apartment but for all internal and external developments including common areas, open areas, external and internal infrastructure. The allottees while entering into the agreement had before them the complex as promised to be developed by the developer and they put their hard 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 ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ottee is also joint owner of all the open areas, common facilities etc. within the complex. Therefore, when the complex is ready and conveyance deeds are executed with the allottees, the whole complex has to be free from all encumbrances and of mortgage, charges or any kind of loan from financial institutions or banks over the complex. If the company has any unpaid loan of the banks /financial institution after the apartments are sold, the banks etc. can have lien only over unsold apartments for recovery of dues of the company. Clause 23, 24 25 should be modified as given in the table below to remove this abuse. 29. The Commission, in its order, observed that while heavy penalties were imposed in the agreement for default of allottee, there were insignificant penalties on DLF for its own defaults. 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 delay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t from the applicants/buyers, this agreement was forced upon the allottees and the allottee had no option but to sign the agreement, as otherwise the agreement provided for heavy penalties and deduction from the money already deposited by the allottees with the company, which itself was an abuse of dominance. The appropriate procedure would have been that a copy of the agreement which DLF proposed to enter with the allottee should have been made available to the applicants at the time of inviting applications. The agreement should be signed within a reasonable time from the date of allotment and all additional amounts should be demanded from the allottee only when the agreement has been signed. Any allottee, who was not agreeable to the terms of agreement, should have liberty to withdraw his application 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 respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... demands, losses etc caused imposed by Director, Town due to any discrepancy/dispute in the Country Planning, haryana, right, title or interest of the Company Chandigarh, at any stage, while in the Said Land on which the GHS approving the proposed tentative Belaire is to be constructed. layout plans, shall be binding on both the Apartment Allottee and C. AND WHEREAS the Director the Company and the Apartment General Town Country Planning, Allottee hereby agrees that it shall Haryana, Chandigarh, (hereinafter not be necessary on the part of the referred to as the DTCP ) has Company to seek consent of the granted a license to develop housing Apartment Allottee for the purpose project vide License No. [.]. The of making any changes in order to license agreement(s) entered into by comply 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 previou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the total Mutual Representations number of zones and their earmarked uses may be changed G. AND WHEREAS the Parties hereby as per the directions of the confirm that they are signing this competent authority(ies) or at the Agreement with full knowledge of all sole discretion of the Company. the laws, rules, regulations, notifications, etc., applicable to the F. And whereas the Company has Said Land/GHS Belaire and the further clarified to the Apartment terms and conditions contained in Allottee that the proposed tentative this Agreement. layout plan as given in Annexure-I of this agreement may have H. AND WHEREAS the Parties relying plotted areas, commercial areas on the confirmations, representations and residential projects areas as and assurances of each other to may be earmarked in 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 (herei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one 8 and the said Portion of Land, tentative building plans, tentative location plan, ownership record of Phase-V including Zone 8 and the said Portion of Land and all other documents relationg to the title, competency and all other relevant details and the Apartment Allottee has confirmed that he/she is fully satisfied in all respects with regard to the right, title and interest of the Company, its Associate Companies, its subsidiary companies in the said portion of land on which the said complex/building is being constructed and has understood all the limitations and obligations of the Company in respect thereof. The Apartment Allottee has agreed that there shall be no further investigations or objections by him/her in this regard and further that he/she is fully satisfied of the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etailed below having a super area of Area of approximately [] sq. mtr. [] sq ft approximately......mts (.....Sq fit) (the including carpet area of approximately [] sq. definition of super area is given in mtr. [] sq ft. along with area of pro rata share Annexure II) which includes an apartment in the Common Areas and Facilities as area of approximately ....sq. mtrs. (....sq. defined under Section 3(f) of the Apartment ft.) (the definition of Apartment area is Ownership Act, 1983. The Common Areas given in Annexre II) along with undivided and Facilities include the following : proportionate share/interest in the land though not included in the computation of i. The land on which the building is located; super area only underneath the said Building in which the said Apartment 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 basemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... --------(3)---------- car parking spaces valued at Rs.... (4)------ (Rupees......only) per car parking space A sum of Rs [] which has been offered as aggregating to Rs..../- is included in the discount by the Company shall be deducted above sale price of the said apartment. from the aforesaid price. Any additional car parking space will be charged extra by the Company at the Explanation: then prevailing rate and will be offered subject to availability. (i) The Total price above does not include any Taxes (consisting of tax paid or payable The total price is Rs..... (Rupees.....only) by the Company and/or its Contractors by (inclusive of Rs.....) towards two way of Value Added Tax, State Sales Tax, (02)/three (03) /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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cost/charges, specifically provided for the Company shall enclose the said in this Agreement and/or any other notification/order/rule/regulation to that charges which may be levied or imposed effect along with the demand letter being by the Government/statutory authorities issued to the Allottee. from time to time. 1.3 The Apartment Allottee(s) shall make the The Allottee(s) shall make the payment as payment as per the payment plan set out per the payment plan set out in Annexure in Annexure III to this Agreement. The []. Taxes shall be payable as provided in additional price however shall be payable sub clause (iii) of the Explanation to Clause as provided in sub clause (iii) of 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 be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd where applicable only to one party, should be reasonable. calculated on the basis of its super area (as per the definition of super area given The Company shall, before making in Annexure II) and that the super area as variations, inform the Allottee about the stated in this Agreement is tentative and same in writing in advance about its is subject to change till the construction of intention to carry out minor changes and the said building is complete and thereafter the Company may carry out such occupation certificate is issued by the changes upto (+/- 2%).It is agreed that the competent authority (ies). The final super Company shall not make any variations area 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 Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confirms that he/she has read, understood and agrees to this definition and that he/she has no objection to the same and the Apartment Allottee has assured the Company that after having agreed to the definition of super area given in Annexure II as the basis for the purchase and payment of price of the said Apartment, he/she shall not raise any dispute or make 1.7 It is further clarified to the Apartment The Allottee shall have the right to the Allottee that the Company has calculated Apartment as mentioned below: the total price payable for the said Apartment on the basis of its super area (i) The Allottee shall have exclusive (as specifically defined in 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 anywh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... area, the right of the Apartment Allottees to use the common areas and facilities shall be within the said Complex only (as listed in Part A B of Annexure IV) and shall always be subject to the timely payment of maintenance charges. It is further made abundantly clear and the Apartment Allottee has understood that he /she shall be entitled to undivided proportionate share/interest in no other common areas and facilities except the common areas and facilities within the said Complex only as listed in Part A B of Annexure IV. (iii) In addition to above, though not forming a part of computation of super area for which price 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/a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DLF Golf and Country Club or any other recreational and sporting -do- activities including golf and tennis etc., the Apartment Allottee shall have no right, title or interest in the ownership of the DLF Golf and Country club and its ancillary facilities, its membership, operation and running of the DLF Golf and Country club or any other recreational and sporting activities including golf and tennis etc. The Apartment Allottee shall not raise any dispute/objection to any activity(ies) of the DLF Golf and Country Club or any other recreational and sporting activities including golf and tennis etc. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns as stipulated in this application and Payment Plan. The Apartment Allottee authorises the Company to formulate at the Company's sole discretion appropriate management structure and policies, rules and regulations for the said Club/Community Centre and upon intimation of the formalities to be complied with by the Company, the Apartment Allottee undertakes to fulfil the same. It is understood that the Club/Community Centre usage shall be limited to only the occupants of the Complex and the Company may make suitable provision of convenants to this effect in the necessary documents 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 s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ited to those as listed in Annexure IV, Part C, or any other facility or amenity as may be provided at the sole option and sole discretion of the Company or as may be provided in accordance with the directions of any competent authority(ies) including but not limited to schools, shops, facilities, amenities etc. even if provided in the said Building, are specifically excluded from the scope of this Agreement and the Apartment Allottee shall have no ownership rights, no right of usage, no title, no interest or no claims whatsoever in such land(s), areas, facilities 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 agr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l be final, conclusive and binding on the Apartment Allottee. Further the Company has made clear to the Apartment Allottee that it shall be carrying out extensive development/construction activities now and for many decades in future in the entire area falling outside land underneath the said Building in which his/her Apartment is located and that the Apartment Allottee has confirmed that he/she shall not raise any objection or make any claims or fail to pay installments in time as stipulated in Schedule of Payments in Annexure III on 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing car parking spaces specifically allotted and assigned to the Apartment Allottee(s) but within the said Complex shall be limited to the areas within the said Complex as may be included in the Declaration which may be filed by the Company at its sole discretion in terms of the Haryana Apartment Ownership Act, 1983 or any other amendment(s) or statutory modification(s) or re-enactments thereof or under the provisions of any other applicable law(s) and the Apartment Allottee hereby agrees that such Declaration shall be binding 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xternal Development of the Agreement, or imposition/levy of charges shall always be solely to the additional levy(ies), fees, cesses, charges account of Apartment allottee to be borne etc. in the nature of infrastructure charges and paid by all the apartment allottees in and or by whatever name either existing or proportion to the super area of their leviable in future imposed/levied by the respective apartments to the total super Government of Haryana or any other area of all the Apartments in all the authority, shall 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 Allo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n that event, the Intending Allottee agrees to pay the same either directly to the concerned authorities paid by the Company or demanded from the company, reimburse the same to the Company on pro-rate basis on demand being raised by the Company on him in this regard. It is made clear that the said charges shall be levied on pro-rate basis pertaining to the said apartment in The Belaire Complex and the same shall be assessable/applicable/calculable from the date of this Application. It has further clarified 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 D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r etc. of the said Apartment under any of the vehicles. The Apartment Allottee agrees provisions of this Agreement. A tentative that all such car parking spaces allotted parking plan is given in Annexure []. All to the occupants of the building(s)/said clauses of this Agreement pertaining to use, Complex shall not form part of common possession, cancellation etc. shall apply areas and facilities of the said mutatis mutandis to the said parking spaces Apartment/any building constructed on wherever applicable. 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 mentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esidential connection electric and water meter etc. which shall as chargeable by DHBVN from time to time. be got installed by the Apartment Allottee at his/her own cost. If due to any The Total Price of the Apartment does not subsequent legislation/Govt. order, include the cost of electric fittings, fixtures, directives, guidelines or electric and water meter etc. within the change/amendments in Fire Code Apartment which shall be installed by the including the National Building Code or if Allottee 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 pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ower so supplied but shall have no ownership right, title or interest in the equipment so installed by the Company or its agents. The apartment allottee also confirms that he/she had understood that such power generating and/or supplying equipment may during its operation inconvenience the Apartment allottee and the apartment allottee has no objection to the same. The obligation to pay the tariff shall remain with the Apartment Allottee to be paid forthwith as per demand. The 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 C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation That the Apartment Allottee has paid a That the Allottee has paid a sum of Rs [] sum of Rs......(Rupees.....only) being part (Rupees [] only) being part payment towards payment towards the cost of the said the cost of the Apartment at the time of Apartment at the time of application the application the receipt of which the receipt of which the Company doth Company doth hereby acknowledge and the hereby acknowledge and the Apartment Allottee shall and doth hereby 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing that he shall be liable to pay Agreement or in the event of failure of the interest @ []% per annum on the earnest Apartment Allottee to sign and return this money so retained in case he fails to prove Agreement in its original form to the the breach. Company within thirty (30) days from the date of its dispatch by the Company. (ii) In case the Allottee fails to make payments for 3 consecutive stages of The Apartment allottee agrees that the construction, 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 M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and thereof and the Rules and Regulations of agrees that in the event of any failure on the Reserve Bank of India or any other his/her part to comply with the applicable applicable law . The Apartment Allottee guidelines issued by the Reserve Bank of understand and agrees that in the event India, he/she shall be liable for any action of any failure on his/her part to comply under the Foreign Exchange Management with the applicable guidelines 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 im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mp duty, registration fee, interest Similarly, the Allottee shall make timely bearing maintenance security and other payments of the installment and other dues charges, deposits stipulated under this payable by him/her and meeting the other Agreement to be paid on or before due obligations under the Agreement subject to date or as and when demanded by the the simultaneous completion of construction Company as the case may be 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s any direction from competent authority or and Controlled Areas (Restriction of due to force majure conditions or reasons Unregulated Development) Act 1963 and beyond control of the company and the the Apartment Act as amended from time to Apartment allottee hereby agrees to this time and shall not have an option to make condition. The Apartment Allottee has any variation/alteration/ modification in such further authorised 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent or objections to the changes within thirty (30) days from the date of dispatch by the company of such notice failing which the apartment allottee shall be deemed to have given his/her full and unconditional consent to all such alterations/modifications and for payments, if any to be paid in consequence thereof. It the written notice of Apartment Allottee is received by the company within thirty (30) days 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 apartme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lottee 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 this Agreement. 10.2 Procedure for taking possession Procedure for taking possession The Company, upon obtaining certificate The Company, upon obtaining certificate of for occupation use from the competent 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that in the event of However, before exercising the option of his/her failure to take over the said cancelling the Agreement, the Company Apartment in the manner as aforesaid, shall condone the delay by the Allottee in then the company shall have the option to taking over the Apartment on the condition cancel this Agreement and avail the that the Allottee shall be liable to pay to the remedies 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o such approvals, permissions, notices, notifications by the competent authority(ies) become subject matter of any suit/writ before a competent court or for any other reasons beyond the control of the Company then the Apartment allottee agrees that the company shall be entitled to the extension of time for delivery of possession of the said Apartment. The company as a result of such 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 A0part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ottee agrees not to move for or to this Agreement. Alternatively, the Allottee obtain specific performance of the terms may continue with the Agreement and in of this Agreement, it being specifically such a situation, this Agreement shall agreed that this Agreement shall remain remain in abeyance till final determination in abeyance till final determination by 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 revi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... em fit without accounting for the sale proceeds thereof to the Apartment Allottee. Thereafter the Company shall within ninety (90) days from the date of full realisation of the sale price after sale of said Apartment and parking space refund to the Apartment Allottee, without any interest, the amounts paid by him/her in respect of the said Apartment 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registration, any incidental charges, any move in possession of the increases in security including but not apartment to the Allottee within limited to interest bearing maintenance the time period specified. For the security as demanded by the Company, purpose of this clause, 'ready to any other charges, deposits for bulk move in 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emnity etc. or as demanded by the Company which in the opinion of the Company amounts to an event of default and the Apartment Allottee agrees and confirms that the decision of the Company in this regard shall be final and binding on the Apartment Allottee. Upon the occurrence of any one or more of 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 up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty, demanded within the period mentioned in registration charges, incidental expenses the demand letter, the Allottee authorises for registration, legal expenses, for the Company to withhold registration of the registration and all other dues as set forth conveyance deed in his/her favour till 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 de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and for such purpose may charge Company at its sole discretion hereby the Allottee reasonable maintenance agrees to execute Tripartite Maintenance charges. Agreement (draft given in Annexure VII to this Agreement) with the Maintenance As per the provisions of the Apartment Act, Agency or 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 Agreeme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minee/ agency or other body merely an indicative agreement that is as may be appointed by the Company from proposed to be entered into with the time to time for the maintenance and Apartment Allottee for maintenance and upkeep of the GHS Belaire. This Agreement upkeep of the said Building/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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rates on fixed the close of each financial year on 31st deposits (applicable to one year fixed March calculated from the date of realization deposit) accepted by State Bank of India of the amount by the Company. In case of at the close of each financial year on 31st failure 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 maintenan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid Apartment and the parking space and to refund to the Apartment Allottee the balance of the money realized from such sale after deducting there from the entire earnest money, interest on delayed payments, any interest paid, due or payable and all other dues as set out in this 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Electrical Energy supply of Electrical Energy If the Company or the maintenance If the Company or the Maintenance Agency agency decides to apply for and decides to apply for and thereafter receives thereafter receives permission, from permission, from Dakshin 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/ reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Allottees agrees to pay any increase in or any other body responsible for supply the deposits, charges for bulk supply, of of electrical energy. An Undertaking in electrical energy as may be demanded by this regard executed by the Apartment the Company from 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pay at a rate to be determined by the D E 18 company/Maintenance Agency for the utilization of the chilled water through BTU meters installed by the Company for each apartment and further agrees to pay the The Apartment Allottee undertakes to 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the right to exclusive use listed in Part A and Part B of Annexure IV of parking spaces shall be subject to timely and right to exclusive use of covered/ payment of total maintenance charges, as Open parking spaces 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 are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppointed by the RWA. Contents maintenance agency but contents inside inside each Apartment shall be insured by each Apartment shall be insured by the the Allottee at his/ her own cost. The cost of Apartment 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t over, below, adjacent to the Apartment or anywhere in the GHS the said Apartment or anywhere in the Belaire or in any manner interfere with the said Complex or in any manner interfere use thereof 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 A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me in a fit and proper condition and thereto, in good and tenantable repair ensure that the support, shelter etc. of the and maintain the same in a fit and proper Building 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 als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent Allottee hereby undertakes that he/she shall comply hereby undertakes that he/she shall with and carry out, from time to time after comply with and carry out, 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 Alterati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... community centre, etc. for the purpose of sale of such flats/ dwelling units, Shops Commercial premises/ buildings, club/ community centre, etc., and 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 draina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the constructions of the said . Building/said Complex. 24 This Agreement subordinate to mortgage This Agreement subordinate to mortgage 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 ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said Apartment to recover and receive the outstanding dues out of the sale proceeds thereo. 26 Purchase not Dependent 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 con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clear that the Company shall be the sole owner of the said lands, facilities, amenities and buildings outside 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of this Agreement shall be shall be deemed to have been rejected executed by the Company 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent to acquaint the Apartment be amended through written consent 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (90) days after the due date 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 provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evented, 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 Allottee if t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee 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 the third executed copy to the Apart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppears 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 of the GHS Belaire, to in whole or in parts to any other entity transfer ow ..... X X X X Extracts X X X X X X X X Extracts X X X X
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