9911796707
TMI Blog2013 (1) TMI 736X X X X Extracts X X X X X X X X Extracts X X X X ..... modifications were to be made in the said agreement by the allottees. The Commission in para 12.95 had observed regarding commencement of project without sanction/approval, increase in number of floors midway, increase of Floor Area Ratio(FAR) and density per acre(DPA), inordinate delay in completion and possession, forfeiture of amounts, etc. etc. The Commission found that the clauses of the agreement were biased in favour of DLF Ltd. In para 12.101, the Commission observed that certain clauses in the agreement gave DLF a sole discretion in respect of making changes in zoning plans, usage pattern, super area, carpet area and for alteration of structure and even a case of change of location of apartment and if a refund became due, no interest was payable by the builder. No rights had been given to buyers for raising objections. Even if the buyers had paid full amount, the builder could create mortgage on the property of the buyers for raising finance for its own purpose. DLF Ltd. inserted such clauses which made exit next to impossible for buyers. In case of delay by the builder, DLF Ltd. was to pay compensation of Rs. 5 per sq. feet per month equivalent to about 1% per annum inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all requisite clearances which it had obtained at the time of entering agreement. It was also expected that it shall state the cost of the product/service to the buyers with no hidden and indirect charges and it shall also clearly lay down the delivery schedule stage wise. It was also expected that one sided clauses shall be suitably modified so as to remove the abuse of dominance. 3. Against 12.8.2011 decision of the Commission, DLF preferred an appeal before Competition Appellate Tribunal (COMPAT). COMPAT vide its order dated 29/03/2012 remitted the matter, along with the draft modified terms & conditions submitted by the parties, to the Commission directing the Commission to pass an order under section 27(d) specifying the extent and manner in which the terms and conditions of the Agreement need to be modified. Further, COMPAT in its order dated 21.05.2012 observed that in order to carry out suitable modifications in terms and conditions of the Agreement, it would be imperative to first determine the manner and extent of such modifications in terms of the order dated 12.08.2011 and only then such modifications could actually be carried out. It was further observed that the dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /stopping abuse of dominance and to indicate the extent and manner of modification of an agreement governing their inter se rights and obligations. 6. The main Act which governs development of group housing colonies by a coloniser in Haryana is the Haryana Development and Regulation of Urban Areas Act, 1975 (Act of 1975) coupled with the Haryana Development and Regulation of Urban Area Rules, 1976( Rules of 1976). Under section 3 of the Act of 1975, an owner of land desirous of converting it into a colony /group housing, can make an application to the Director, Town & Country Planning, Haryana(the Director) for grant of a licence to develop it as such. All the provisions of the Act of 1975 and the Rules of 1976 are, therefore, applicable, whenever a group housing colony like the one which is subject matter of this case is sought to be developed in the State of Haryana. Apart from this, after the development of group housing, all the residential units are to be transferred to the allottees under the Haryana Apartment Ownership Act, 1983 (Act of 1983) and thus this Act and Rules thereunder are also equally applicable to the builders as well as to the apartment owners. Since the Grou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 76, the builder after development of roads, drainage, sewage, water supply and electricity inside the colony has to maintain it only for a period of five years or till the association of plot owners takes the responsibility and release the builder of the maintenance responsibility. Similarly, the builder is supposed to pay EDC proportionate to the area of the colony/dwelling group housing unit to the Govt. for development of main lines of road, drainage, sewage, water and electricity. A builder is to give undertaking to construct, at his own cost or get constructed by any institution or individual, schools, hospitals, community centres and community buildings on the land set apart for this purpose or undertake to transfer to the Govt. or the local authority, free of cost, at any time, such land earmarked for constructing community buildings.(in case they are not constructed) and the Govt. would be at liberty to transfer such land to any persons or institution. (vii) It is specifically provided under the Act and the Rules that the internal development of the colony shall include markets, road and paved foot paths and properly turfed open spaces with plantation of trees, stree ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statutory taxes. In case the net profit exceeds 15% after completion of the project, the surplus amount either has to be deposited with the State Govt. treasury within two months of the completion or he has to spend this money on further amenities /facilities in the colony for the benefit of residents. Further, the Act of 1983 was enacted to provide for ownership of individual apartments and make ownership rights as transferable for the promotion of group housing in the State of Haryana. As per Section 5 of the Act, owner of every apartment, as defined in the Act, is required to execute and get registered a conveyance deed. 'Apartment' in the Act of 1983 has been defined in section 2(a) as a part of a property intended for any type of independent use, as may be prescribed, with a direct exit to a public street, road or highway or to a common area leading to such street, road or highway. 'Apartment owner' has been defined as the person or persons owning an apartment and having undivided interest in the common areas and facilities in the percentage specified and established in the declaration. 7.1 Under the Act of 1983, 'common areas and facilities', ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le, Management and Transfer) Act, 1963 (MOFA). Open to sky-parking area or stilted portion usable as parking space was not garage within the meaning of Section 2(a-1) of the Act and not sellable independently as flat or along with flat. However, promoter was entitled to charge price for common areas and facilities from each flat purchaser in proportion to carpet area of flat. Further, the Act mandated the promoter to describe common areas and facilities in advertisement as well as agreement with flat purchaser and indicate price of flat including proportionate price of common areas and facilities. Stilt parking space could not cease to be a part of common areas and facilities merely because promoter had not described the same as such in advertisement and agreement with flat purchaser. Promoter had no right to sell any portion of such building which was not 'flat' within the meaning of section 2(a-1) of the Act. He had no right to sell stilt parking spaces as these were neither flat nor apartments or attachment to flat. Hon'ble Supreme Court also observed in this Judgment that the rights arising from the Agreement signed under the MOFA between the promoter and the flat p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e agreement was confined and limited in its scope only to this Group Housing Complex (Belaire) to be constructed by the company on the portion of land delineated in Annexure I and IA of the agreement. However, neither Annexure I nor I A gives the area of land of Belaire Complex, nor the area of 6.67 acres given in agreement is in conformity of FAR norms. Every Group Housing Scheme/Complex has to comply with all Rules and Regulations in respect of Group Housing Complex. These Rules and Regulations are mandatorily required to be followed by the coloniser/ builder. The recitals have been framed in such a manner as if the company was not bound by the Rules and Regulations concerning Belaire Group Housing Complex and only allottee was bound by the Acts, Rules and Regulations. The rights vested in the allottees cannot be taken away by DLF unilaterally as mentioned in the recitals of the agreement. The Commission consider that the recitals be modified as given in the annexed modification. The reference to phase V be limited only for information purpose. The layout plans etc. should refer to Belaire Project. The recitals should specify title of company over project level and obtaini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nable and all such clauses in the agreement put by the company giving it a claim/ right over the open areas/ common areas, etc. amounted to abuse of dominance and this abuse can be removed by modifying the abusive clause and providing in the agreement about the obligation of the company to abide by the Laws, Rules and Regulations as applicable to a Group Housing Complex. It would be worthwhile to mention that for making a Group Housing Complex, the maximum FAR applicable in 2009 was 175%. The restriction on number of storeys /floors was, however, removed. The company on removal of this restriction raised the height of the building from 19 floors to 29 floors using the same footprint and same Belaire area. However, since the FAR was only 175%, the land area/open area for the Complex would have to be commensurate with total super area of all the apartments in all 29 floors. As per the calculations made by the informant, which have not been disputed by the company (and the company has not come up with its own calculations) the total land area on which the Bellaire Complex of 29 floors could be constructed as per FAR was 20.885 acres. 14. The allottees of Belaire Complex jointly would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pay additional amount or accept the reduction in area. When the construction of a multi storey building is envisaged, the plans are drawn on drawing board. Most of the group Housing Complexes are sold on the basis of the plans drawn on drawing board. Super area and the actual apartment area are two different concepts. The apartment area is the area which is exclusively enjoyed by the apartment owner. It includes carpet area plus area under the walls of the apartment, while super area is the sum of apartment area and common areas which the allottee enjoys along with other apartment owners. This area is inclusive of lift area, staircase area and other entrance areas, etc. Most of the times, the actual building and the drawing board plans match with each other and the building is constructed in accordance with the construction plan as approved by authorities in advance. However, there may be instances where at the time of actual construction, certain minor changes are required to be made in some of the drawing board plans and the building is constructed slightly different from the drawing board plan but it, more or less, conforms to the drawing board plan. In such a case, there may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p in air by increasing the number of floors and reserving to itself terrace rights. This is totally contrary to the law and imposition of this condition on the allottee by DLF is because of its dominance and amounts to gross abuse. All relevant clauses depriving allottee of his lawful rights need to be modified to bring them in conformity with Law, Rules and Regulations so as to remove the abuse vis-a-vis the allottee. Modified clauses are given in the table below. 18. In the order, the Commission observed that the covenant in clause 1.7(viii) of the agreement, giving right to DLF of having full and absolute rights in the community buildings/sites/recreational and sporting activities sites including maintenance of those, was abusive. As per applicable Laws, Rules and Regulations discussed above, site for community buildings are compulsorily required to be set apart by the coloniser and these sites, if not constructed either at the cost of coloniser or if not handed over and constructed by others, were to be given to the Govt. of Haryana, free of cost. This simply shows that the cost of these sites is recovered from the Allottees and clause 1.7(viii) makes a false representa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iven in the table below. 19. In the order, the Commission observed that DLF's sole discretion to link one project to another was abusive in nature. Interlinking of projects for the purpose of mobility of residents and for ingress egress is one thing, but interlinking projects for any other purpose without giving equivalent rights to allottee is altogether different. When Belaire Complex apartments were agreed to be sold to allottees, the FAR was 175%. If, in future, FAR is increased, only owners of apartments will have collective right to use or not to use increased FAR and the company cannot club the project with its other projects for this purpose. Accordingly, different clauses of the agreement need to be modified and reference to phase V need to be deleted. It should be retained only where rights of allottees are not adversely affected. The modified clauses 1.9 & 1.10 are given in table below. 20. In the order, the Commission observed that clause 1.11 of the agreement was abusive. EDC is charged by Government for development of main lines of roads, drainage, sewage, water and electricity. EDC is proportional to the land area of the project and may be linked with number of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to continue with the service providers engaged by the company or to enter into fresh contracts with some service provider or engage new service provider. Also since the Company marketed and sold Belaire Complex as govt. approved residential project and govt. charging heavy amount as EDC, providing of DHBVN connection by the state is mandatory and the company has to ensure DHBVN connection for each allottee. The relevant clauses 1.13 and 1.14 be modified as suggested in the table. 22. In the order, the Commission found clause 4 of the agreement abusive as it provided arbitrary forfeiture of earnest money by the company without even a notice to the allottee. The company provided for forfeiture of amounts of allottee for non- fulfillment of the conditions of agreement by the allottee, but there is no corresponding clause in respect of non-fulfillment of clauses of agreement on the part of company. Clause 5,8,10 and 12 of the agreement are highly one-sided and should be modified. Modified clauses are given in the table below. 23. The delivery of possession of the apartment by the company is governed by clause 10 and clause 11 of the Agreement. However, clauses 11.1, 11.2, 11.3 and c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the expiry of the said period of three years or extended period of terminating the agreement. Even in that event the company was not liable to refund the amount deposited by the allottee along with interests to him. In such an eventuality, the company on receipt of notice, was at liberty to sell/dispose of the apartment to any other party and without accounting for the sale proceeds of the apartment to the allottee within 90 days of the realisation of the price was to refund to the apartment allottee his amount without interest, after deduction of brokerage paid by the company to the broker/sale organiser (in case booking was done through broker /sale organiser) the allottee thereafter could make no claim against the company. If the allottee failed to exercise his/her right of termination within the period as provided in this clause by delivering a written notice to the company then he was not to be entitled to terminate the agreement and was to continue to be bound by the terms of the agreement. In similar way, clause 11.4 provided that in case of abandonment of the project/scheme by the company or if the company failed to give possession within three years of the execution of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve. 24. Clause 13 is regarding execution of conveyance deed in favour of apartment allottee who has paid full consideration amount to company. The transfer of ownership has to be in accordance with the Act of 1983. However, clause is totally one sided putting no obligation on company to execute the conveyance deed once stamp duty papers are sent to the company after paying entire price as per the agreement. Clause 14 of the original agreement is concerning maintenance and it does not recognise the right of allottees to manage the common services of the complex through RWA, as provided in the Act of 1983. Clause 13 & 14 can be made non abusive by suggested modifications given in table below. 25. In para 12.90, the Commission observed that under the agreement DLF had sole authority to make addition and alteration in the building with all benefits flowing to DLF and the allottee having no say in this regard. The abusive provisions are contained in clauses 20, 22 and other clausesof the agreement, excerpts of which were re-produced in the main order of 12th August, 2011. Clause 20 gives unfettered right to company to make any addition, alteration, improvements, repair whether structu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lottees over common areas and land and the apartment ownership rights of the allottees go together. The company cannot take away these rights from the allottees. Once the company had utilized FAR available at the relevant time in respect of the land over which the complex is to be developed, any subsequent increase in FAR would belong to the allottees and not to the company and it is only the allottees association which will have right to put additional construction with consent of all the allottees. The company shall have no right to have additional construction if subsequently FAR is increased. As such, clause 20 & clause 22 and other such clauses are highly abusive, should be modified as suggested in the table. 28. In para 12.90, the Commission had observed that creation of 3rd party rights by the company without allottees consent was to the determinant of allottees interest and was abusive. A reference was made to clause-23 of the agreement. Clause 23 of the Agreement gives right to the company to raise finance, loan for its own purpose from any financial institution, bank by way of mortgage or creating charge over the building/apartment/portion of building or by any other mod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayed payment. While in case of company, the company for itself has reserved so many excuses for non delivery of possession and for scrapping the contract altogether or for delaying the project. It has given itself the powers to extend the period of delivering possession but for the allottee, the sole discretion lies with the company to cancel the flat in case of delayed payment. In case of condoning delay, the Company could be charging interest to the tune of 15% for 1st 90 days and thereafter 18%. However, for the default of the company, the company was liable to pay only 9% interest to the allottee on only such amount which the company deemed refundable to the allottee. That makes the clause abusive, one sided and shows blatant abuse of dominance. In clause 12, the company has given events of defaults and consequences for the allottee. The company has nowhere given in the entire agreement the events of defaults for itself. The Commission considers that the defaults 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 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Reps A. Whereas the Company, its Company's Representation A-M Associate companies, its subsidiary companies presently A. WHEREAS the Company, its own individual respective portions associate/subsidiary companies of land in a site presently presently own various parcels of land admeasuring 527.9435 acres or admeasuring 6.67 acres (hereinafter thereabouts more fully described in referred to as the "Said Land") in Annexure-I (hereinafter referred to Phase V in DLF City (earlier known as "Phase-V") in DLF City (earlier as DLF Qutab Enclave Complex), in known as DLF Qutab Enclave Tehsil & District Gurgaon, Haryana. Complex), in Tehsil & District The copies of the title deeds Gurgaon, Haryana. reflecting the ownership of the Said Land is annexed herewith as B. And whereas the Company has Annexure []. The Said Land is acquired some lands and will be earmarked for the purpose of building acquiring some more lands in the a group housing scheme ("hereinafter neighbourhood of Phase-V and referred to as the "GHS Belaire"), such lands as and when licensed comprising of 5 multistoried and approved by the competent residential apartment buildings of up authority(ies), shall be deemed to to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . AND WHEREAS the Company has the proposed tentative layout plan obtained the final layout plan as given in Annexure-I hereto approvals for the GHS Belaire from and/or previously approved layout DTCP that are annexed hereto as plan(s), as the case may be, and Annexure []. The Company agrees shall automatically form a part of and undertakes that it will not make this Agreement as Annexure-I in any changes on its own to these place of persently attached layout layout plans unless mandated by plan as Annexure-I or previously DTCP, and such changes shall be approved layout plan(s) as the communicated to the Allottees in case may be. writing. The Company has also obtained the layout plan approvals for D. And whereas the Company has the entire Phase V in DLF City, which further clarified to the Apartment are annexed herewith as Annexure Allottee that the proposed tentative []. It is understood by the Parties that layout plan of Phase-V as given in except the layout plans for GHS Annexure-I of this Agreement Belaire, the remaining layout plans comprises of both group housing for Phase V are tentative in nature and plotted areas, but however, and are being provided to the the plotted areas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to enter into this residential apartments in a specific Agreement on the terms and group housing complex to be conditions appearing hereinafter. named as The Belair (hereinafter referred to in this Agreement as the "said Complex") consisting of Five (05) multi storeyed residential apartment buildings to be constructed on a portion of land presently admeasuring 6.67 Acres or thereabout earmarked and delineated in, Zone 8, Phase-V (hereinafter referred to in this Agreement as the "said Portion of Land") in accordance with the building plan(s) approved by the Director, Town & Country Planning, Haryana, Chandigarh. The proposed tentative layout plan is given in Annexure IA of this Agreement. The area of the said Portion of Land 6.67 Acres or thereabout may stand modified in future to the extent as may be required pursuant/consequent to any directions/approvals by the Director, Town & Country Planning Haryana, Chandigarh. G. And whareas the Company has explained to the Apartment Allottee that the purpose of description of entire phase-V given in Annexure-I is merely to acquaint the Apartment Allottee with the overall picture of the development that may take place in Phase-V, and tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relied upon and is not influenced by any architect's plan, sales plans, sale brochures, advertisements, representations, warranties, statements or estimates of any nature whatsoever whether written or oral made by the Company, its selling agents/brokers or otherwise including but not limited to any representations relating to the description or physical condition of the property, the building or the Apartment or the size or dimensions of the Apartment or the rooms therein or any other physical characteristics thereof, the services to be provided to the Apartment Allottees, the estimated facilities/amenities to be made available to the Apartment Allottee(s) or any other data except as specifically represented in this agreement and application and that the apartment allottee has relied solely on his/her own judgment and investigation in deciding to enter into this agreement and to purchase the said Apartment (having specifications set out in Annexure- V to this agreement). No oral or written representations or statements shall be considered to be a part of this agreement and this Agreement is self contained and complete in itself in all respects. L. And whereas the Apartment allo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all the Apartments escapes and entrances and exit of the in the said Building; and exclusive use of building; the two(02)/ three(03)/ four(04) reserved iii. The basements, cellars, yards, gardens, car parking spaces. parking area and storage spaces; Tower No/Apartment No. Type: Super Area Sq. Mts/Sq.ft. Approx. (Rs.) : iv. The premises for the lodging of janitors Rate (Rs.per sq. mt./sq.ft of super area or persons employed for management of (Rs.): property; Preferential Location Charges (Rs.): Price for car Parkings (Rs.): v. Installation of central services such as Total sale Price: power, light, gas, hot and cold water, heating, refrigeration, air conditioning and Parking : Nos. (1)-------(2)--------(3)---------- incinerating; (4)------ Price payable Rs............ vi. The elevators, tanks, pumps, motors, Any tax paid or payable by the Company fans, compressors, ducts and in general all and/or its Contractors by way of Value apparatus and installations existing for Added Tax, State Sales Tax, Central common use; Sales Tax, Works Contract Tax, Service vii. Such community and commercial Tax, and Education Cess or any other facilities as may be provided for in the ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he GHS along with the parking spaces will be Belaire) payable by the Company up to the treated as a single indivisible unit for all date of handing over the possession of the purposes including but not limited to Apartment. Haryana Apartment Ownership Act, 1983 etc. (ii)The Allottee shall pay, in addition to the Total Price, a sum equal to the proportionate share of Taxes; the proportionate share will be calculated in the ratio of the Super Area of the Apartment to the total Super Area of all the Apartments in the GHS Belaire. (iii) The Company shall periodically intimate to the Allottee, on the basis of certificates from a chartered engineer and/ or a chartered accountant, the amount payable as stated in (ii) above and the Allottee shall make payment within 30 days from the date of such written intimation. In addition, the Company shall provide to the Allottee the details of the tax paid or demanded along with the acts/rules/notifications together with dates from which such taxes/levies etc have been imposed or become effective. (iv) The Total Price of an Apartment includes [] parking space (s) whether located in the open or covered as provided in the Agreement. An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounting such early payments @[]% 1 per payments @9% per annum for the period annum for the period by which the by which the respective installment has respective installment has been preponed. been preponed. The provision for The provision for allowing rebate and such allowing rebate and such rate of rebate rate of rebate shall not be subject to any shall be subject to revision/withdrawal, revision/withdrawal, once granted to an without any notice, at the sole discretion Allottee by the Company. of the Company 1.5 The Apartment Allottee hereby agrees to The Allottee has agreed to pay Preferential pay additionally as preferential location Location Charges as stated in para 1.1. charges a sum of Rs...../- (Rupees....only) However, if due to any change in the lay out calculated @ of Rs..../- per sq. ft. of the / building plan as directed by the DTCP on super area to be paid in a manner and its own, the Apartment ceases to be in the within the time as stated in the schedule preferential location, the Company shall be of payments given in Annexure III. liable to refund the entire amount of However the apartment allottee has Preferential Location Charges with interest specifically agre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... price payable for the said apartment floor plans has relevance to the Allottee and shall be recalculated upon confirmation thus all elements of all the floor plans by the Company of the final super area of included in Annexure [] must remain largely the said apartment and any increase or intact even after the changes in the Super reduction in the super area of the said Area. The Company shall confirm the final Apartment shall be payable or refundable, Super Area that has been allotted to the as the case may be, without any interest, Allottee after the construction of the Building at the same rate per square meter as is complete and the occupation certificate is agreed in Clause (1.1) of this Agreement granted by the competent authority (ies), by i.e. on the rate irrespective of any rebates furnishing details of the changes in the allowed/payment plan opted for. If there Super Area. shall be an increase in super area, the Apartment Allottee agrees and The total price payable for the Super Area undertakes to pay for the increase in shall be recalculated upon confirmation by super area immediately on demand by the Company. If there is any reduction in the the Company as and when such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the the said Building only and proportionate Haryana Apartment Ownership share of other common facilities, if any, Act 1983 (hereinafter referred to which may be located anywhere in the as "Apartment Act") in the GHS said Complex, The Belaire, at the sole Belaire. Since the share / interest discretion of the Company (as listed in of Allottee in the Common Areas Part A & B of Annexure IV). The and Facilities is undivided and Company makes it abundantly clear to cannot be divided or separated, the Apartment Allottee that he/she shall the Allottee shall use the be entitled to the ownership rights and Common Areas and Facilities rights of usage only as per details given within the GHS Belaire below: harmoniously along with other occupants, maintenance staff etc., (i) The Apartment allottee without causing any shall have ownership of the inconvenience or hindrance to said Apartment consisting of them. Further, the right of the the apartment area only. The Allottee over the Common Areas definition of apartment area is and Facilities shall be within the given in Annexure II. The GHS Belaire (as listed in apartment area is included in Annexure []) or outside the the computation o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the said Apartment to the total super area of all the apartments within the said Complex only. It is made abundantly clear and agreed by the Apartment Allottee that no other land (s) is/are forming part of this Agreement, and the Apartment Allottee shall have no right, no title, no interest of any kind whatsoever on any other land(s) except to the extent of using only such general common areas and facilities within the said Complex, DLF City, Phase V limited to and precisely listed in Part-C of Annexure IV subject, however, to the timely payment of maintenance charges by the Apartment Allottee. It is made clear by the Company and specifically understood by the Apartment Allottee that the Company may at its sole discretion and for the purpose of complying with the provisions of Haryana Apartment Ownership Act, 1983 or any other applicable laws substitute the method of calculating the proportionate share in the ownership of the land beneath the building and/or common areas and facilities as may be described by the Company in its sole discretion in any declaration by calculating the same in the ratio of his/her apartment's value to the total value of the said building(s) project ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LF Golf and Country Club and its facilities, various community facilities like school, recreational and sporting activities including golf, tennis, hotels, other clubs, hospitals and the like shall not be a part of the complex where the said apartment/said Building is proposed to be located and the Apartment Allottee will be required to pay separate deposits/charges for securing admission and usage to the DLF Golf and Country Club or any other recreational and sporting activities including golf and tennis etc. and other community facilities, the acceptance or rejection of which shall be at the sole discretion of the management of the DLF Golf and Country Club or any other recreational and sporting activities including golf and tennis etc. and other community facilities and the Apartment Allottee shall not raise any dispute/objection in this regard at any time during the occupancy of the said Apartment. It is further made clear to the Apartment Allottee that the running and operation of the DLF Golf and Country Club or any other recreational and sporting activities including golf and tennis etc. and other community facilities including nearby governmental installations/statutory rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the sale price of the said Apartment and shall be paid extra and are outside the scope of this application, payment plan of the Apartment Buyers' Agreement. (viii) That the company has made it specifically clear to the Apartment allottee and after -do- having satisfied himself/themselves, the Apartment allottee has understood and agreed that the computation of the price of the said Apartment does not include any element of recovery or payments towards land, construction, running and operation of community buildings/sites, other recreational and sporting activities including golf and tennis etc. as well as recovery of payment towards maintenance charges of any kind by the Company from the Apartment Allottee in any manner. Further, the Apartment Allotttee understands and fully agrees that the Company is free to deal with community buildings/sites/recreational and sporting activities including golf and tennis etc. in any manner as the Company may deem fit and as regards payment of maintenance charges the Apartment Allottee shall not raise any claim against payment of maintenance charges payable by the Apartment Allottee to the Association of apartment allottees/the main ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and are not included in the computation of super area in any manner, and for which the Apartment Allottee has not paid any money to the Company in any form or manner whatsoever and that the Apartment Allottee agrees that he/she shall not, at a later date, after execution of this Agreement, raise any claim or create any dispute in respect of such land(s), areas, facilities and amenities. The Company, its Associates, its subsidiary companies as the owner of such lands, areas facilities and amenities shall have sole right and absolute authority to deal with the same in any manner including but not limited to creation of rights in favour of any other party by way of sale, transfer, lease, joint venture, collaboration or any other mode including transfer to Government, Semi Government, any other Authority, Body, any Person, Institution, Trust and/or any Local Body(ies) which the Company may deem fit in its sole discretion. All land(s) [ other than usage of land(s) earmarked in the layout plan as may be approved from time to time as public roads only for use by general public in Phase-V and in DLF City.] falling outside the periphery/boundary of the said Portion of Land are clear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssociate companies, its subsidiary companies who shall alone have the sole and absolute authority to deal in any manner with such land(s), facilities and amenities including but not limited to creation of further rights in favour of any other party by way of sale, transfer, lease, collaboration, joint venture, operation and management or any other mode including transfer to Government, Semi- Government, any other Authority, Body any Person, Institution, Trust and /or any Local Body(ies) which the Company may deem fit in its sole discretion. The Company relying in good faith on this specific undertaking of Apartment Allottee in this Agreement has agreed to accept the application and allot the said Apartment and this undertaking shall survive throughout the occupancy of the Apartment by the Apartment Allottee, his/her legal representative, successors, administrators, executors, assigns etc. 1.9 It is made clear by the Company and the It is made clear by the Company and the Apartment Allottee agrees that the said Allottee agrees that the Apartment along Apartment along with two02)/three with [] car parking spaces will be treated as (03)/four (04) car parking spaces will be a single ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agrees that in the event of failure to pay maintenance charges on or before due date, he/she shall not have the right to use such common areas and facilities and such general common areas and facilities. It is further clarified by the Company and agreed to by the Apartment allottee that the company may at its sole discretion make The Belair project a part of any other adjacent project that has already come into existence or maybe constructed in future at any time or keep it separate as an independent estate and the Apartment allottee shall not raise any objection for such formation. In the event of any such formation, the common areas and facilities and the \undivided interest of each apartment owner shall be specified by the Company in the declaration which may be filed by the Company in compliance of the Haryana Apartment Ownership Act, 1983 which shall be conclusive and binding upon the apartment owners and the Apartment allottee agrees and confirms that his/her right, title and interest in the said Apartment/said Building/said Complex as specified in the said declaration shall be acceptable to him/her without any objection/dispute against the Company/Association of the Apartme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment 2. In case such IDC are levied/ already taken into account by the demanded by the government from the Company while determining the total Company with retrospective effect, the price payable by the Apartment Allottee Allottee shall be liable to pay the same on for the said Apartment. The Apartment demand being raised by the Company on allottee undertakes to additionally pay to pro-rata basis as stated hereinabove. The the Company, on demand, any increase Company assures the Allottees that the in the External Development charges Company had paid the requisite IDC and levied, (over and above the rate originally EDC till the date of execution of the paid by the company and included in the Agreement. sale price on which EDC is charge up to the date of issue of license by the Govt. of Haryana), by whatever name called or in whatever form and with all such conditions imposed, by the Haryana Govt. and /or any competent authority and such increase in external development charges shall be borne and paid by the Apartment Allottee in proportion to the super area of his/her Apartment to the total super area of all the Apartments in all the buildings in the said Complex as determined by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ective basis from the date of this Application on pro-rata basis as stated hereinabove. In case the Sale Deed has already been executed in favour of the Intending Allottee by the Company and the demand of Infrastructure Development Charges has been made by the concerned Authority after the execution of such Sale Deed, then in that event the pro-rate demand made by the Company on the Intending Allottee shall be treated as unpaid sale price of the said apartment and the Company shall have a lien on the apartment to the extent of such unpaid amount. 1.12 The Apartment Allottee agrees that the The Allottee agrees that the [] covered/open Two (02)/Three (03)/Four (04) parking space allotted to him/her for covered/open parking space allotted to exclusive use shall be understood to be part him/her for exclusive use shall be of the the Apartment and the same shall not understood to be together with the have independent legal entity detached from Apartment and the same shall not have the said Apartment. As the parking spaces independent legal entity detached from are an integral amenity of the Apartment the said Apartment. As the parking and the parking spaces form one single spaces are a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Agreement pertaining to use, possession, cancellation etc. mutatis mutandis to the said parking spaces wherever applicable. 1.13 The total price of the said Apartment The Total Price of the Apartment includes mentioned in the schedule of payments in the cost of providing electric wiring, fire Annexure III of this Agreement is detection and fire fighting equipment in the inclusive of the cost of providing electric Common Areas and Facilities within the wiring, fire detection and fire fighting GHS Belaire as prescribed in the Fire equipment in the common areas within Fighting Code/Regulations under National the said Building/said Complex as Building Code 1983, amendment No.3 of prescribed in the fire fighting January, 1997. code/regulations under National Building Code 1983, amendment No.3 of January, The Company undertakes to provide 1997. Power back-up may be provided residential electricity connection through subject to timely payment of maintenance Dakshin Haryana Bijli Vitran Nigam charges, not exceeding 7.5 KVA load per (DHBVN) or State Electricity Boards (SEB) Apartment in Building A, B & C and 10 with sufficient capacity as defined in KVA load per Apartment in Buildings D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... additional fire safety measures are Company, the additional expenditure required to he installed, the Company shall incurred thereon along with other install the same and the said liability, after Apartment Allottees proportion to the the handing of possession, shall be of the super area of his/her Apartment to the Allottees who shall pay on pro rata basis. total super area of all the Apartments in the said Building/said Complex as determined by the Company. 1.14 The Apartment allottee has agreed and To be deleted. understood that the company or its agents may at their sole discretion and subject to such government approvals as may be necessary, enter into the arrangement of generating and/or supplying power to the various complexes with or outside the DLF City, Gurgaon (Haryana) including the Belair Complex in which the Apartment allottee may be owning the said apartment. In such an eventuality the apartment allottee fully concurs and confirms that he /she shall have no objection to such arrangement for generating and/or supply of power but also gives complete consent to such arrangement including it being an exclusive source of power supply to the said complexes or to the Apart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtment Allottee cesses by Allottee That the Apartment Allottee agrees to pay The Allottee agrees to pay directly, or if paid directly or if paid by the Company then by the Company, then reimburse to the reimburse to the Company on demand, Company on demand, Govt. rates, property Govt. rates, property taxes, Wealth Tax, taxes, wealth tax, taxes of all and any kind taxes of all and any kind by whatever by whatever name called, whether levied or name called, whether levied or leviable leviable now or in future on the GHS Belaire now or in future on the said Complex /or building(s) constructed on the Said Land and/or building(s) constructed on the said or the Apartment, as the case may be, as Portion of Land or the said Apartment, as assessable/applicable from the date of the case may be, as application of the Allottee and the same assessable/applicable from the date of shall be borne and paid by the Allottee in application of the Apartment Allottee and proportion to the Super Area of the said the same shall be borne and paid by the Apartment to the Super Area of all the Apartment Allottee in proportion to the Apartments in the GHS Belaire. Further the Super Area of the said Apartment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e time and in the therein. manner specified therein. 4 Earnest Money Earnest Money The Apartment Allottee has entered into The Allottee has entered into this this Agreement on the condition that out Agreement on the condition that, out of the of the amount(s) paid/payable by him/her amount(s) paid/payable by him/her for the for the said Apartment and the parking Apartment alongwith the parking spaces spaces allotteed to him/her, the Company allotted to him/her, the Company shall treat shall treat 10% of the sale price of the 10% of the sale price of the Apartment Apartment amounting to Rs.---------- amounting to Rs.[] (Rupees [] as earnest (Rupees ........)as earnest money to money to ensure fulfillment, by the Allottee, ensure fulfillment, by the Apartment of the terms and conditions as contained in allottee, of the terms and conditions as this Agreement. contained in the application and this agreement. The term sale price shall Earnest money shall not include any other include basic sale price, preferential charges such as Preferential Locations location charges, sale price of car parking Charges, brokerage charges etc. However, space (s), due or to be paid which form the earne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Allottee and the Apartment allottee has agreed to this condition to indicate his/her commitment to faithfully abide by all the terms and conditions contained in his/her application and this Agreement. 5 Mode of Payment Mode of Payment That the Apartment Allottee shall make all Subject to the Company abiding by the payments in time in terms of Schedule of construction milestones, the Allottee shall Payments as given in Annexure-III make all payments, on demand by the annexed to this Agreement and as may Company, within the stipulated time as be demanded by the Company from time mentioned In the schedule of payments as to time and without any reminders from annexed to this Agreement through A/ c the Company through A/c Payee Payee cheque/demand draft in favour of Cheque(s)/Demand Draft(s) in favour of 'MIs [] payable at New Delhi/Delhi. M/s DLF Limited' payable at New Delhi/Delhi. 6 Compliance of Laws relating to Compliance of Laws relating to remittances remittances The Allottee, if resident outside India, shall The Apartment Allottee, if resident solely be responsible for complying with the outside India, shall solely be responsible necessary formalities as laid down in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... full indemnified and harmless in Agreement, it shall be the sole responsibility this regard. Whenever there is any of the Allottee to intimate the same in writing change in the residential status or the to the Company immediately and comply Apartment Allottee subsequent to the with necessary formalities if any under the signing of this Agreement it shall be the applicable laws. The Company shall not be sole responsibility of the Apartment responsible towards any third party making Allottee to intimate the same in writing to payment/remittances on behalf of any the Company immediately and comply Allottee and such third party shall not have with necessary formalities if any under any right in the application/allotment of the the applicable laws. The Company shall said apartment applied for herein in any way not be responsible towards any third party and the Company shall be issuing the making payment/remittances on behalf of payment receipts in favour of the Allottee any Apartment Allottee and such third only. party shall not have any right in the application/allotment of the said apartment applied for herein in any way and the Company shall be issuing the payment receipts in favour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rding the from an independent registered architect payments to be made by the Apartment about the actual progress of the building Allottee as per Schedule of Payments (with the actual site photographs. (Annexure III) or obligations to be performed by Apartment Allottee. In case the Allottee fails and/or neglects to However, in case of any default / delay in make timely payments of the installments the payments b the Appartment Allottees, and defaults in payment for three the Company may take such actions as consecutive installments, the Company shall may be permitted within the scope of this have the right to cancel the Apartment and agreement. forfeit 10% of the sale consideration as provided in Cause 4 and refund the remaining amount to the Allottee without interest within 30 days from the date of termination. 9.1 Construction of the said Building/said Construction of the Building/ Apartment/said Complex Apartment/GHS Belaire The Apartment allottee has seen and The Allottee has seen and accepted the accepted the Schedule of Payments, (as Schedule of Payments, (as given in given in Annexure III) tentative typical Annexure []), apartment and floor plans, Apartment plans/tentative ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ease the proposed number of floors in the said building and shall be seeking necessary approvals for the same. The Apartment Allottee hereby agrees that the Company is fully entitled to increase the number of floors in the said building and/or the height of the said building and the apartment allottee has no objection to the same. In case the Company is able to obtain the necessary approvals for increasing the number of floors and /or increase the height of the said building then in such case, the company shall inform the Apartment allottee about whether the Apartment allottee wishes to move to a higher floor. If the Apartment Allottee conveys his desire to shift to a higher floor, the same may be permitted by the Company at its sole discretion. The Apartment allottee shall not claim any reduction in price of his Apartment due to increase in the number of floors in the said building. Accordingly, his application and this Agreement shall stand modified to this effect. The intimation of option to shift to a higher floor will be given to all the Apartment Allottees by way of a written notice. The issuance of the occupation certificate for the building/complex shall be the conclusive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed post, the company shall be released and discharged from all its obligations and liabilities under this Agreement and the Apartment allottee agrees and authorises the company to resell or deal with the said apartment and the parking space thereafter in any manner whatsoever at the company's sole discretion. 10.1 Schedule for Possession of the said Schedule for Possession of the said Apartment Apartment The Company based on its present plans The Company agrees and understands that and estimates and subject to all just timely delivery of possession is the essence exceptions, contemplates to complete of the Agreement. The Company, based on construction of the said Building/said the approved plans and estimates, assures Apartment within a period of three (03) to hand over possession of the Said Land/ years from the date of execution of this Apartment within a period of 3 years from Agreement unless there shall be delay or the date of execution of the Agreement there shall be failure due to reasons entered into by the Company for the present mentioned in Clauses (11.1), (11.2), project (GHS Belaire) unless there is delay (11.3) and Clause (39) or due to failure of or failure due ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undertakes to indemnify the his/her occupation and use subject to the Allottee in case of failure of fulfillment of any Apartment Allottee having complied with of the provisions, formalities, documentation all the terms and conditions of this on part of the Company. The Allottee Agreement and is not in default under any agree(s) to pay the maintenance charges as of the provisions of this Agreement and determined by the Company/RWA as the has complied with all provisions, case may be. formalities, documentation etc. The Apartment Allottee shall be liable to pay the levy of maintenance charges from the date of grant of the occupation certificate more fully described in Clause 14.4 mentioned hereinafter irrespective of the Apartment Allottee taking over possession of the said Apartment at a later 10.3 Failure of Apartment Allottee to take Failure of Apartment Allottee to take Possession Possession Upon receiving a written intimation from Upon receiving a written intimation from the the Company in terms of Clause (10.2) Company as per Clause 10.2, the Allottee above, the Apartment Allottee shall within shall, within the time stipulated by the the time stipulated by the Company in the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in this clause on the condition that may exercise the option of cancelling the the Apartment Allottee shall be liable to Agreement. pay to the Company charges @Rs.5/- per sq. ft. of the super area per month for If the Company elects to cancel this taking delayed possession of the Agreement, the Company shall have the Apartment for the entire period of delay right to retain the earnest money as and to withhold conveyance or handing specified in this Agreement and refund the over for occupation and use of the said balance amount to the allottee without Apartment till the entire charges/penalty interest within 30 days. with applicable over due interest., if any, at the rates as prescribed in this agreement are fully paid. It is made clear and the Apartment Allottee agrees that the charges/penalty as stipulated in this clause shall be a distinct charge and payable till such time the said Apartment is put in use by self or on lease and is not related to (but in addition to) maintenance or any other charges as provided in this Agreement. Further the Apartment Allottee agrees that in the event of his/her failure to take over the said Apartment within the time stipulated by the Company in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elled in consequence of the company abandoning the project the Apartment allottee confirms that he/she has given irrevocable authority to the Company that upon such cancellation/abandonment and subject to A0partment allottee not being in default under this Agreement and to refund by registered post, the amounts attributable to the said Apartment (after deducting interest on delayed payments, and interest paid, due or payable, any amount of non-refundable nature) that have been received from the Apartment allottee by the company without any interest or compensation of whatsoever nature and upon dispatch of such refund by registered post, the Apartment allottee 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. 11.2 Failure to deliver possession due to Failure to deliver possession due to Government Rules, Orders, Notifications Government Rules, Orders, Notifications etc etc. If the Company is unable to construct/ That if as a result of any law that may be continue or complete the construction of the passed by any legislature or Rule, GHS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned legislation or Rule, notification as the case may be, it is hereby Regulation, Order or Notification as the agreed that this Agreement shall stand case may be, it is hereby agreed that this revived and the Company and the Allottee Agreement shall stand revived and the shall be liable to fulfill all obligations as Apartment Allottee shall be liable to fulfill provided in this Agreement. During the all obligations as provided in this period the Agreement is in abeyance, the Agreement. It is further agreed that in the Company shall deposit the amount paid by event of the aforesaid challenge of the the Allottees (who choose to continue with Company to the impugned the agreement) in a Bank and the interest Legislation/Order/Rule/Regulation/Notific accrued on the said amount shall be divided ation not succeeding and the said between the Allottees on pro rata basis. legislation/order/rule/regulation becoming final, absolute and binding, the Company will, subject to provisions of law/court order, refund to the Apartment Allottee, the amounts attributable to the said Apartment (after deducting interest on delayed payments, and interest paid, due or payable, any amount of non-r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd he/she shall continue to be bound by the provisions of the this Agreement. 11.4 Failure to deliver Possession : Remedy to To be deleted. the Company The Apartment Allottee agrees that in consequence of the Company abandoning the Scheme or becoming unable to give possession within three (03) years from the date of execution of this Agreement or such extended periods as permitted under this Agreement, the Company shall be entitled to terminate this Agreement whereupon the Company's liability shall be limited to the refund of the amounts paid by the Apartment Allottee with simple interest @ 9% per annum for the period such amounts were lying with the Company and to pay no other compensation whatsoever. However, the Company may, at its sole option and discretion, decide not to terminate this Agreement in which event the Company agrees to pay only to the Apartment Allottee(s) and not to any one else and only in cases other than those provided in Clause (11.1.), (11.2), (11.3) and Clause (39) and subject to the Apartment Allottee not being in default under any term of this Agreement, compensation @ Rs. 5/- per sq. ft. of the super area of the said Apartment per month for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... execute any Company. If the Allottee stops other making payments, the Company deed/document/Undertakings/indemnities shall correct the situation by etc. or to perform any other obligation, if completing the construction any, set forth in any other Agreement with milestones and only thereafter the the Company in relation to the said Allottee be required to make the Apartment. next payment without any penal interest or Failure to take over the said Apartment (ii) The Allottee shall have the option for occupation and use within the time of terminating the Agreement in stipulated by the Company in its notice. which case the Company shall be immediately liable to refund the Failure to execute the conveyance deed entire money paid by the Allottee within the time stipulated by the Company under any head whatsoever in its notice. towards the purchase of the apartment, along with simple Failure to execute Tripartite Maintenance interest @ []% per annum within Agreement and/or to pay on or before its 30 days of receiving the due date the maintenance charges, termination notice. maintenance security deposits, deposits/charges for bulk supply of In case the Allottee issues a letter of electri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... money as specified in this Agreement along with the interest on delayed payments, any interest paid, due or payable, any other amount of a non-refundable nature. The Apartment Allottee agrees that upon such cancellation of this Agreement, the Company will be released and discharged of all liabilities and obligations under this Agreement and the Apartment Allottee hereby authorises the Company that the said Apartment and the car parking space may be sold to any other party by the Company or dealt in any other manner as the Company may in its sole discretion deem fit as if this Agreement had never been executed and without accounting to the Apartment Allottee for any of the proceeds of such sale. In the event of the Company electing to cancel this Agreement, any amount which is found to be refundable to the Apartment Allottee over and above the amounts retained as and for liquidated damages such as the earnest money, interest on delayed payments, any interest paid, due or payable, any other amount of non- refundable nature, brokerage, if any, paid, etc. shall be refunded by the Company only after realizing such refundable amount on further sale/resale to any other party and shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Apartment Allottee towards the said charges and expenses and the Apartment Allottee shall forth with deposit the shortfall in the sale price so caused together with interest for the period of delay in depositing the sale price so appropriated according to payment plan at the rate and in the manner mentioned in the Schedule of Payment (Annexure III) hereof. If the Apartment Allottee is in default of any of the payments as set forth in this Agreement then the Apartment Allottee authorises the Company to withhold registration of the Conveyance Deed in his/her favour till full and final settlement of all dues to the Company is made by the Apartment Allottee. The Apartment Allottee undertakes to execute conveyance Deed within the time stipulated by the Company in its written notice failing which the Apartment Allottee authorises the Company to cancel the allotment and terminate this Agreement in terms of Clause (12) of this Agreement and to forfeit out of the amounts paid by him/her the earnest money, delayed payment interest, any interest paid, due or payable, any other amount of a non- refundable nature and to refund the balance amount without any interest in the manner prescribed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Apartment allottee further undertakes charges at a rate to be determined by the to abide by the terms and conditions of RWA for each Apartment and proportionate the Tripartite Maintenance Agreement undivided share in the Common Areas and and to pay promptly all the demands, Facilities. The entire Common Areas and bills, charges as may be raised by the Facilities (as listed in Annexure []) shall be maintenance agency from time to time. available for use and ownership by the The company reserves the right to Allottee subject to timely payment of change modify, amend, impose additional maintenance charges to the RWA. The conditions in the Tripartite Maintenance Allottees agree that in the event of failure to Agreement at the time of its final pay maintenance charges on or before due execution. The maintenance charges date as demanded by RWA, he/she shall shall become applicable/ payable from not have the right to use such Common the date the maintenance agency Areas and Facilities commences the maintenance of the said complex/said building after the company The Company shall be responsible for has received the Occupation paying the maintenance charges for the Certificate/the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to the right to change modify, amend, impose the same and shall execute the Tripartite additional conditions in the Tripartite Maintenance Agreement as may be Maintenance Agreement at the time of its required by the said Maintenance Agency final execution. The maintenance charges or Association of Apartment Owners or shall become applicable/ payable from the Association of Condominium or its date the Maintenance Agency commences nominees or assigns. The payment of the maintenance of the said complex/said maintenance charges will be applicable building after the company has received the whether or not possession is taken by the occupation certificate/the date of allotment Apartment Allottee. whichever is later. It is further specifically clarified that the Draft Tripartite Maintenance Agreement, set out at Annexure [] to this Agreement is merely an indicative agreement that is proposed to be entered into with the Allottee for maintenance and upkeep of the Building/said complex. However, if at any time, after having taken over the GHS Belaire, the RWA decides to modify, alter, add, delete any one or more of the terms and conditions of the Draft Tripartite Maintenance Agreement or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses the Company to adjust in the interest falls short of the amount of the first instance, the interest accrued on the default, the Allottee further authorises the interest bearing maintenance security Company to adjust the principal amount of against such defaults in the payment of the interest bearing maintenance security maintenance bills and in case such against such defaults. If due to such accrued interest falls short of the amount adjustment in the principal amount, the of the default, the Apartment Allottee interest bearing maintenance security falls further authorises the Company to adjust below the agreed sum of Rs. 100/- per the principal amount of the interest square ft. of the Super Area of the bearing maintenance security against Apartment, then the Allottee hereby such defaults. If due to such adjustment undertakes to make good the resultant in the principal amount, the interest shortfall within 15 days of demand by the bearing maintenance security falls below Company. The Company reserves the right the agreed sum of Rs. 100/- per square ft. to increase the interest bearing of the super area of the said Apartment, maintenance security from time to time in then the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecution of the conveyance deed and thereupon the Company shall stand completely absolved/ discharged of all its obligations and responsibilities concerning the IBMS, including but not limited to issues of repayment, refund and/ or claims, if any, of the Apartment Allottee on account of the same. In the alternative, the Company shall have the sole right to transfer to the Maintenance Agency the IBMS of the Apartment Allottee, after adjusting therefrom any outstanding maintenance bills and/ or other outgoings of the Apartment Allottee at any time including upon execution of the conveyance deed and thereupon the Company shall stand completely absolved/ discharged of all its obligations and responsibilities concerning the IBMS including but not limited to issues of repayment, refund and/ or claims, if any, of the Apartment Allottee on account of the same and all clauses dealing/ concerning the IBMS of this Agreement and the Conveyance Deed as far as they are applicable to the Company shall cease to be valid and effective. It is hereby specifically agreed to by the Apartment Allottee that such transfer of IBMS shall not be linked in any manner whatsoever to the implementation of the har ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es paid/ payable by the Company all deposits and charges paid/ payable by or the Maintenance Agency to DHBVN/ any the Company or the maintenance agency other body/ commission/ regulatory/ to DHBVN/ any other Body/ Commission/ licensing authority constituted by the Regulatory/ Licensing Authority Government of Haryana, failing which the constituted by the Government of same shall be treated as unpaid portion of Haryana, failing which the same shall be the Total Price payable by the Allottee for treated as unpaid portion of the total price the Apartment and the conveyance of the payable by the Apartment Allottee for the Apartment shall be withheld by the said Apartment and the conveyance of Company till full payment thereof is received the said Apartment shall be withheld by by the Company from the Allottee. the Company till full payment thereof is Proportionate share of cost incurred by the received by the Company from the company for creating infrastructure like HT Apartment Allottee. Proportionate share Feeder, EHT Sub station etc. shall also be of cost incurred by the company for payable by Allottee on demand. Further the creating infrastructure like HT Feeder, Allottee agrees th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sts to be incurred for incurred for the forthcoming financial the forthcoming financial year. year. Maintenance charges shall be levied from the date of issue of It is agreed by the Allottee that the payment occupation certificate and the Apartment of maintenance charges will be applicable Allottee undertakes to pay the same whether or not the possession is taken by promptly. It is agreed by the Apartment the Allottee. The estimates of the Allottee that the payment of maintenance Maintenance Agency shall be final and charges will be applicable whether or not binding on the Allottee. The maintenance the possession is taken by the Apartment charges shall be recovered on such Allottee. The estimates of the estimated basis on monthly/ quarterly maintenance agency shall be final and intervals as may be decided by the binding on the Apartment Allottee. The Maintenance Agency and adjusted against maintenance charges shall be recovered the actual audited expenses as determined on such estimated basis on monthly/ at the end of the financial year and any quarterly intervals as may be decided by surplus/deficit thereof shall be carried the maintenance agency and adjusted forward and adjusted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, Payment for replacement, up gradation, additions of Lifts, DG Sets, Electric Sub- additions of Lifts, DG Sets, Electric Sub- stations, Pumps, Fire Fighting Equipment stations, Pumps, Fire Fighting Equipment and other Capital Plants/ Equipments. and other Capital Plants/ Equipments. That as and when any Plant & Machinery As and when any plant & machinery within within the said Complex/ said Building/ the GHS Belaire, as the case may be, within Zone 8, as the case may be, including but not limited to lifts, DG sets, including but not limited to lifts, DG sets, electric sub-stations, pumps, firefighting electric sub-stations, pumps, fire fighting equipment, any other plant / equipment of equipment, any other plant/ equipment of capital nature etc. require replacement, capital nature etc. require replacement, upgradation, additions etc. the cost thereof upgradation, additions etc. the cost shall be borne by the Company till the date thereof shall be contributed by all the of handing over the maintenance of the Apartment Allottees in the said Building/ GHS Belaire to the RWA. After the RWA said Complex/ Zone 8, as the case may takes over the maintenance of the GHS be on pro-rata ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all payments envisaged under these presents are regularly paid, on or before due date and convenants are observed, the Apartment Allottee shall be entitled to use such common areas and facilities as listed in Part-A and Part-B of Annexure IV and the exclusive use of parking spaces as listed in Part D of Annexure-IV. 14.7 Right to enter the said Apartment for Right to enter the Apartment for repairs repairs The Company/ Maintenance Agency/RWA In addition to the Company's and the shall have rights of unrestricted access of all maintenance agency's rights of Common Areas and Facilities, and parking unrestricted usage of all common areas spaces for providing necessary and facilities as listed in Part-A and Part- maintenance services and the Allottee B of Annexure IV, and parking spaces as agrees to permit the RWA and/or listed in Part D of Annexure IV for Maintenance Agency to enter into the providing necessary maintenance Apartment or any part thereof, after due services, the Apartment Allottee agrees to notice and during the normal working' hours, permit the Company or the maintenance unless the circumstances warrant otherwise, agency to enter into the said Apartment wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Allottee shall payable in respect thereof for which the be solely responsible and liable Apartment Allottee shall be solely responsible and liable. 15 Use of Basement and service areas Use of Basement and Service Areas The basement(s) and service areas, if The basement(s) and service areas, if any, any, as may be located within the said as may be located within the GHS Belaire, Building/ said Complex, as the case may as the case may be, shall be earmarked as be, shall be earmarked by the Company parking spaces and services including but to house parking spaces and services not limited to electric sub-station, including but no limited to Electric Sub- transformer, DG set rooms, underground station, Transformer, DG set rooms, water tanks, pump rooms, maintenance and Underground water tanks, Pump rooms, service rooms, fire fighting pumps and Maintenance and Service rooms, Fire equipments etc. and other permitted uses Fighting Pumps and equipments etc. and as per zoning plans/building plans. The other permitted uses as per Zoning Plans/ Allottee shall not be permitted to use the Building Plans. The Apartment Allottee services areas and the basements in any shall not be permitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any change in the specified use shall be treated as a breach of this Agreement entitling the Company to cancel the allotment and forfeit the entire money deposited by the Agreement Allottee. Thereafter, the Apartment Allottee shall not have any right title or interest in the said Apartment applied herein. 17 Use of terraces Use of Terrace(s) The Company reserves the right to give The Allottees, to the exclusion of the on lease or hire any part of the top Company, shall have the title to the roof/terraces above the top floor, unless terrace(s) above the top floor of the otherwise reserved specifically, of any of Building(s) in the GHS Belaire and the RWA the buildings in the said Complex for formed by the Allottees shall have the right installation and operation of antenna, to use the roof top/terrace(s) above the top satellite dishes, communication towers, floor, for any purpose including installation other communication equipment or to and operation of antenna, satellite dishes, use/hire/lease the same for communication towers, other advertisement purposes and the communication equipment. Apartment Allottee agrees that he/ she shall not object to the same and make any claims ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the exterior of and windows etc. or carry out any change in the Building or common areas. The the exterior elevation or design. Further the Apartment Allottee shall also not change Allottee shall not store any hazardous or the color scheme of the outer walls or combustible goods in the Apartment or painting of the exterior side of the doors place any heavy material in the common and windows etc. or carry out any change passages or staircase of the Building. The in the exterior elevation or design. Allottee shall also not remove any wall, Further the Apartment Allottee shall not including the outer and load bearing wall of store any hazardous or combustible the Apartment. The Allottee shall plan and goods in the said Apartment or place any distribute its electrical load in conformity heavy material in the common passages with the electrical systems installed by the or staircase of the said Building. The Company and thereafter the RWA and/or Apartment Allottee shall also not remove maintenance agency appointed by RWA. any wall, including load bearing wall of The non-observance of the provisions of this the said Apartment. The Apartment clause shall entitle the RWA, to enter the All ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce with the said requirements, account of non-compliance with the said requisitions, demands and repairs. requirements, requisitions, demands and repairs. 20 Alterations of unsold units Alterations and Maintenance of Unsold Units The Company shall have right, without any approval from any Apartment Allottee The Company shall have the right, without in the said Building to make any any approval from any Allottee to make any alterations, additions, improvements or alterations, additions, improvements or repairs whether structural or non- repairs whether structural or non-structural, structural, interior or exterior, ordinary or interior or exterior, ordinary or extraordinary extra ordinary in relation to any unsold in relation to any unsold Apartment(s) within apartment(s) within the said Building and the Building and the Allottee shall have no the Apartment Allottee agrees not to raise right to raise objections or make any claims objections or make any claims on this on this account. However such alterations account. must be in accordance with sanctioned/approved lay out plans. 21 Flats/Dwelling Units, School(s), To be deleted. Commercial Premises/ Building, etc. If stipulated i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he part of the Apartment Allottees. The Apartment Allottee agrees that the company, at its cost, shall be entitled to connect the electric, water, sanitary and drainage fittings on the additional structures/stories with the existing electric, water, sanitary and drainage sources. The Apartment allottee further agrees and undertakes that he/she shall after taking possession of the said Apartment or at any time thereafter, not object to the company constructing or continuing with the construction of the other building(s)/block outside/adjacent to the said Building or inside the said Complex/said Portion of Land or claim any compensation or withhold the payment of maintenance and other charges, as and when demanded by the Company, on the ground that the infrastructure required for the said Complex is not yet complete. Any violation of this condition shall entitle the Company to seek remedies provided under this Agreement in cases of breach, non payment, defaults etc. The modification as proposed by the Informant may be accepted as once plans are final no additional structures should be allowed. 23 Company's right to raise finance Company's right to raise finance The Apartmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re or hereafter made/ created by and any payments or expenses already the Company and any payments or made or incurred or which hereafter may be expenses already made or incurred or made or incurred pursuant to the terms which hereafter may be made or incurred thereof or incidental thereto or to protect the pursuant to the terms thereof or incidental security thereof, to the fullest extent thereof thereto or to protect the security thereof, and such mortgage(s) or encumbrances to the fullest extent thereof and such shall not constitute an objection to the title of mortgage(s) or encumbrances shall not the said Apartment or excuse the Allottee constitute an objection to the title of the from completing the payment of the price of said Apartment or excuse the Apartment the said Apartment or performing all the Allottee from completing the payment of Allottee's other obligations hereunder or be the price of the said Apartment or the basis of any claim against or liability of performing all the Apartment Allottee's the Company provided that at the time of other obligations hereunder or be the the execution of the conveyance deed the basis of any claim against or liability of sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ain financing for the purchase of the said Apartment. 27 Haryana Apartment Ownership Act, 1983 Haryana Apartment Ownership Act, 1983 The Apartment Allottee has confirmed The Company has assured the Allottees and assured the Company prior to that the project in its entirety is in entering into this Agreement that he/s she accordance with the provisions of the has read and understood the Haryana Apartment Act. Apartment Ownership Act, 1983 and its implications thereof in relation to the The Company showing compliance of various provisions of this Agreement and various laws/regulations as applicable in the Apartment Allottee has further Haryana undertakes to file a Deed of confirmed that he/ she is in full agreement Declaration within 90 days from the date of with the provisions of this Agreement in obtaining of the occupation certificate as relation to Haryana Apartment Ownership defined in Section 2 of the Apartment Act Act, 1983 and shall comply, as and when that will include the entire Said Land, all the applicable and from time to time, with theApartments and entire set of Common provisions of Haryana Apartment Areas and Facilities (as listed in Annexure Ownership Act, 1983 or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecessary by the Company for this purpose. An application form for enrolling the Apartment Allottee as a member of such Association is attached as Annexure VIII and the Apartment Allottee agrees to execute the same. 29 Binding effect Binding effect Forwarding this Agreement to the Forwarding this Agreement to the Allottee Apartment Allottee by the Company does by the Company does not create a binding not create a binding obligation on the part obligation on the part of the Company or the of the Company or the Apartment Allottee Allottee until, firstly, the Allottee signs and until firstly, the Apartment Allottee signs delivers this Agreement with all the and delivers this Agreement with all the annexures along with the payments due as annexures along with the payments due stipulated in the schedule of payments in as stipulated in the Schedule of Annexure [] within 30 days from the date of Payments in Annexure III within thirty (30) receipt by the Allottee and, secondly, a days from the date of dispatch by the copy of this Agreement executed by the Company and secondly a copy of this Company through its authorized signatory is Agreement executed by the Company delivered to the Allo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assignment, that may be made by the Company shall transfer, nomination and conveyance by the not be assigned, transferred, nominated Allottee. or conveyed by the Apartment Allottee in any manner without prior written consent of the Company which consent may be given or denied by the Company in its sole discretion and shall always be subject to applicable laws and notifications or any directions of the government in force and shall also be subject to the terms, conditions and charges as the Company may impose from time to time in this regard. The Apartment Allottee shall be solely responsible and liable for all legal, monetary or any other consequences that may arise from such nominations, if so permitted by the Company at its sole discretion. In the event of refusal or denial by the Company for giving permission to the Apartment Allottee for assignment, transfer, conveyance or nomination of the Apartment being allotted herein, the apartment Allottee has assure the Company and has undertaken not to raise any dispute or claim in any manner at any time based upon which the Company has agreed to make provisional/final allotment of the said apartment. 31 Entire Agreement Entire Agreem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 33 Agreement Specific only to this To be deleted. Apartment/Project It is clearly understood and agreed by the Apartment allottee that the provisions of this agreement, draft tripartite Maintenance agreement, and those contained in other annexures are specific and applicable to Apartments offered for sale in the Belaire only (the said Complex) and these provisions cannot be read in evidence or interpreted in any manner in or for the purpose of any suit or proceedings before any Court(s), Commission, Consumer Disputes Forum(s) or any other judicial forum involving any other Apartment(s)/ Building(s)/ Project(s) of the company/ its associates/subsidiaries, partnership firms in which the company is partner or interested. 34 Provisions of this Agreement applicable Provisions of this Agreement Applicable on on Occupiers/Subsequent Purchasers Allottee / Subsequent Purchasers It is clearly understood and so agreed by It is clearly understood and so agreed by and between the parties hereto that all and between the Parties hereto that all the the provisions contained herein and the provisions contained herein and the obligation arising hereunder in respect of obligations arising hereund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be a waiver of any provisions or of the right thereafter to enforce each and every provision. 36 Severability No change required If any provision of this Agreement shall be determined to be void or unenforceable under applicable law, such provisions shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to applicable law and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 37 Captions/Headings No change required The captions/headings in this Agreement are for easy reading and convenience and are of indicative nature only and in no way define, limit or describe the scope of this Agreement or the intent of any provision hereof. The true interpretation of any matter/clauses in this Agreement shall be done by reading the various clauses in this Agreement as a whole and not in isolation or in parts or in terms of captions provided 38 Method of calculation of proportionate Method of Calculation of Proportionate share where-ever referred to in the Share wherever Referred to in the Agreement Agreement Whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d party in any suit/complaint filed any suit/complaint filed before any before any appropriate court by the appropriate court by the Allottee if the Apartment Allottee if the Company's Company's rights under this Agreement are rights under this Agreement are likely to likely to be affected or prejudiced in any be affected/prejudiced in any manner by manner by the decision of the court on such the decision of the court on such suit/complaint. The Allottee agrees to keep suit/complaint. The Apartment Allottee the Company fully informed at all times in agrees to keep the Company fully this regard. informed at all times in this regard.No change required 41 Indemnification To be deleted The Apartment Allottee hereby covenants' with the Company to pay from time to time and at all times the amounts which the Apartment Allottee is liable to pay under this Agreement and to observe and perform all the covenants and conditions contained in this a Agreement and to keep the Company and its agents and representatives, estate and effects, indemnified and harmless against any loss or damages that the Company may suffer as a result of non-payment, no- observance or non-performance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... greement shall be executed and the Company shall retain the orginal and a copy of this Agreement and send the third executed copy to the Apartment Allottee for his/her reference and record. 45 Place of Execution Place of Execution The execution of this Agreement will be The execution of this Agreement will be complete only upon its execution by the complete only upon its execution by the Company through its Authorised Company through its authorized signatory at Signatory at the Company's head Office the Company's head Office in New Delhi in New Delhi after the copies duly after the copies duly executed by the executed by the Apartment Allottee are Allottee are received by the Company. received by the Company. Hence this Hence this Agreement shall be deemed to Agreement shall be deemed to have been have been executed at New Delhi even if executed at New Delhi even if the the Allottee has prior thereto executed this Apartment Allottee has prior thereto Agreement at any place (s) other than New executed this Agreement at any place (s) Delhi. other than New Delhi. 46 Notices Notices That all notices to be served on the That all notices to be served on the Allottee Apa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ownership of the GHS Belaire in such as Partnership firm, body corporate whole or in parts to any other entity such as (s) whether incorporated or not, partnership firm, body corporate(s) whether Association or Agency by way of incorporated or not, association or agency sale/disposal/or other arrangement as by way of sale/ disposal / or any other may be decided by the Company in its arrangement as may be decided by the sole discretion and the Apartment Allottee Company. The Company, however, shall agrees that he/she shall not raise any take an undertaking from the Transferee objection in this regard. assuring the Allottees that the Transferee shall abide by and conform to the terms and conditions laid out in this Agreement and obligations arising therefrom. 50 Laws of India No change required That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India. 51 Dispute Resolution by Arbitration Dispute Resolution by Arbitration All or any disputes arisin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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