"The Scheme is promoted on the Residential Land as per the Mussoorie Dehradun Development Authority (MDDA) Master Plan 2005-2025, Approved by Government of Uttarakhand. That the Land / Project is -situated within the limits of Nagar Nigam, Dehradun and is beyond the purview of UP ZA & LR Act duly amended by Uttarakhand Amending Act 2003."
1. That the timely payment of installments as indicated in the Payment Plan is the essence of the scheme if any installment as per the schedule is not paid by the due date, the Company will charge 18% interest compounded p.a. on the delayed payment for the period of delay. However, if the same remains in arrears for more than three consecutive installments, the allotment will automatically stand cancelled without any prior intimation to the allottee's and the allottee Is will have no lien/claim on the unit. In , such a case, the amount deposited up to 10% of the cost of the unit, constituting the Earnest Money will stand forfeited and the balance amount paid, if any, will be refunded without any interest. However in exceptional and genuine circumstances the Company may, at its sole discretion, condone the delay in payment exceeding three months by charging interest @ 18% per annum compounded and restore the allotment in case it has not been allotted to someone else on the waiting list, In such a situation, an alternate unit,if available may be offered in lieu of the same.
2. That for preferentially located units, extra charges will be payable, if any.
3. That in case the applicant, at any time, desires for the cancellation of the allotment. It may be agreed to, though, in case, 10% of the sale price of the unit, constituting the Earnest Money, will be forfeited, and the balance, refunded without any interest.
4. That in case the allottee/s wants to avail of a loan facility from his employer or financial institution to facilitate the purchase of the unit applied for, the Company shall facilitate the process subject to the following terms and conditions:
5. That the specifications for the unit are shown in the specification sheet (As Per Annexure B). Any additional/ better specifications for individual unit requested for by the allottee/s well in time may be provided, if technically feasible, which will be charged for extra as demanded by the Company well in advance.
6. That the specifications shown in the specifications sheet are indicative only and that the Company may on its own provide additional I better specifications and/ or facilities other than those mentioned in the specifications sheet or sale brochures due to technical reasons including non-availability of certain materials of acceptable quality and price or due to popular demand or for reasons of overall betterment of the complex / individual unit. The proportionate cost of such changes will be borne by the allottee/s.
7. That the completion of the unit will be done as per the completion date subject to receiving the entire cost and other payments as per the terms of allotment. However, if the allottee/s opts to pay in advance of schedule, a suitable discount may be allowed but the completion schedule shall remain unaffected. In case, the allottee / a insists for early completion of the flat the company shall try do the same. In such a case, the discount offered on advance payment shall proportionately be reduced but early completion of the unit shall in any case not be binding on the company.
8. That the drawings shown in the sale documents are subject to changes by the architect / Company before or during the course of construction without any objection or claim from the allottee s. Within the agreed consideration cost, the Company shall complete all the civil work, plumbing, sanitary work, joinery, painting & polishing, internal electrification (excluding Fancy lights, geysers etc.) The unit shall, in particular, comprise of specifications as mentioned in the Specification Sheet.
9. That the following facilities will be provided by the Company on extra payment is specified in payment -'plan As Per Annexure A :
10. That on completion of complex / allotted unit / offer of possession, whichever is earlier, and Interest Free Maintenance Security (IFMS) towards the maintenance and upkeep of the complex shall be payable by the allottee/s to the Company. The date of commencement of maintenance and upkeep of the complex or part thereof shall be intimated by the company to the allottee/ s and maintenance charges will be reckoned from that date. The amount to be deposited, as 1FMS will be intimated to the allottee/s by the Company. Further, the monthly maintenance charges as intimated to the allottee/s by the Company shall be payable by the allottee/s within 30 days. In case of delay in depositing of monthly maintenance charges within this period an interest @ 18% shall be charged for the period of delay. Further, the Company can also recover the default in monthly maintenance charges from the IFMS of the allottee/s, Moreover, the Company / Allottee's Association will be entitled to effect disconnection of services to defaulting allottee/s that may include disconnection of water /sewer,power backup, cancellation of parking slot/space if any and debarment from usage of any or all common facilities within the complex. The Company reserves the right to enhance the maintenance amount if the monthly charges fall insufficient for the proper maintenance of the complex. The amount to be transferred as IFMS from the Company to the Association would be the original amount minus deductions towards any default in payment of recurring maintenance charges, if any. The Company may outsource any or all maintenance activities to outside agencies and authorize them to do all acts necessary in this regard. The allottee / s agree to sign the" Maintenance Agreement" if required with the Company or with the agency undertaking the maintenance activity.
11. Operation and maintenance of various common services and facilities inside the Complex shall be managed by the Company or any other nominated Agency.
12. The Allottee(s) shall and hereby agrees to enter into a Maintenance Agreement with the aforesaid Agency for managing and maintaining the Common services and facilities till the welfare association of resident comes into take such responsibilities. Further, the Maintenance Agreement inter alia shall contain the following:-
13. That the maintenance of the residential unit including all walls and partitions, sewers, drains, pipes, attached lawn and terrace areas shall be the exclusive responsibility of the allottee /s from the date of the possession. Further, the allottee/s will neither himself do not permit anybody to undertake any work which damages any part of the building, the staircase, shafts, common passages, adjacent units/ etc. or violates the rules or bye - laws of the local Authorities or the Association of allottee. The allottee/s shall be liable to rectify such damages to the satisfaction of the parties concerned, failing which the Company may recover the expenditure incurred in the rectification of damages from the allottee/s security deposit.
14. That the IFMS shall become payable within 30 days from the date of offer of possession by the Company, whether or not the allottee/s takes possession of his unit, in case of delay in payment of IFMS within this period, interest 4' 18% p.a. shall be charged for the period of delay.The allottee shall `take the possession of the flats within 30 days from the date of offer of possession offered by the first party failing which holding charges Rs. 250/- per day will be charged for the delay of first month and Rs.500/-per day will be charged for delay during second month on wards from the date of expiry of the possession date.
15. That the central green lawns and other common areas shall not be used for conducting personnel functions such as marriages, birthday parties etc. if any common space is provided in any block for meetings and small functions, the same be used on cost sharing basis.
16. That the allottee/s will allow the complex maintenance teams to have full access to and through his unit and terrace area for the periodic inspections, maintenance and repair of service conduits and the structure.
That the operation and maintenance of the Power Backup Systems shall be the responsibility of the concerned maintenance agency and the Company shall not be liable for any default on their part to provide the same. The Liability of the Company in respect of Power Supply and Power Backup is limited to installation of requisite equipment only.
17. That the project is being executed by the company on Freehold property purchased directly from their respective owner via a valid sale deed for development of group housing project on the said land. The Sale Deed of the unit will be executed in favor of the allottee/s by the company directly . That upon the execution of the Sale deed the allottee/s will be bound by the terms of the own welfare society.
18. That all taxes, development charges and statutory levies presently payable in relation to land comprised in apartments have been included in the price of the Flats. However, in case, any further tax/charges are imposed, by the Govt. or other Statutory Authorities, the same shall be payable by the allottee(s) proportionately on demand by the Company, service tax present or future shall be borne by the allottee/s.
19. That the Company shall be responsible for providing internal services within the complex, which include lying of roads, water lines, sewer lines, electric lines and horticulture. However, external services like water supply network, sewer, storm water drains, roads, and electricity outside the complex to be connected' to the internal services are to be provided by respective government authorities/departments.
20. That all terms and conditions of allotment of EWS between the Company and MDDA will be mutatis mutandis applicable to the allottee/s.
21. That the Sale deed of the unit shall be executed in favor of the allottee /s by the Company after the entire payment and dues in respect of the allotment are cleared by the allottee/s.
22. That all charges, expenses, stamps duty, official fees etc. toward Sale Deed including documentation, will be done by the allottee/s, If the Company incurs any expenditure towards the registration of the unit, the same will be reimbursed by the allottee/s to the Company, in case the stamp duty or other charges payable by the allottee/s to the Authority/ government at the time of registration is discounted due to reason of prior payment of some / all charges by the Company, such discount availed by the allottee /s shall be reimbursed to the company prior to registration.
23. That the possession of the unit will be given only after execution of the Sale deed.
24. That the allottee/s shall get exclusive possession of the built - up area of his unit and the title of this area will be transferred along with proportionate undivided share in the land under his block through a Sale deed. The allottee/s shall have no right, interest or title in the remaining part of the complex such as club, parking, park, etc. except the right of ingress and egress in the common areas like corridors, staircase, lobby, lift area and approach road. The right of usage of common facilities is subject to observance by allottee/s of covenants herein and up to date payments of all dues.
25. That in addition to the built-up area, the allottee/s, if and as mentioned in this allotment, may get exclusive usage rights to certain area (like terrace for certain upper floors). No construction, either permanent or temporary shall be allowed in such areas. The maintenance of these areas shall be the exclusive responsibility of the allottee/s.
26. That for computation purposes, the units area being allotted on the basis of super area, which includes built -up covered area of the unit plus proportionate share of area falling under corridors, stairs, passages, lobbies, projection and architectural features, lifts, wells and rooms, mumties, common lobbies and toilets, circulation and refuge areas, balconies, if any and other common spaces within the blocks of the complex. The build-up covered area of the unit includes the entire carpet areas of the unit, internal circulation area and proportionate area under internal and external walls and balconies. The built up area shall be measured from outer edge of the wall if it is not common and from the center of the wall if it is common. The method of calculation of super area shall be binding upon all the parties. Notwithstanding the fact that a portion of the common area has been included for the purpose of calculating saleable/ super area of the unit, it is reiterated and specifically made clear that it is only the covered area of the unit which has been agreed to be sold and to which the allottee Is will have exclusive right and the inclusion of the common areas in the computation does not give any title there to as such to the allottee/s.
27. That the final super area of flats will be intimated after final physical measurement after construction. In case of variation in actual super area / booked super area, necessary adjustment in cost, plus or minus, will be made at the rate prevalent at the time of booking. Super area may vary without any change in build-up area or dimensions of the flats. Similar measurement and calculations will be done for exclusive lawn and terrace areas also.
28. That the sizes and given areas are tentative which can be modified due to technical and other reasons, e.g. change in position or design of the unit, number of the unit, its boundaries, dimensions or its area. The company shall be liable only for cost adjustments arising out of super area variations.
29. That in case a particular unit is omitted due to change in the plan or the Company is unable to hand-over the same to the allottee/s for any reason beyond its control, the company shall offer alternate units of the same type and in the event of non-acceptability by the allottee/s or non-availability of alternate unit. The Company shall be responsible to refund only the actual amount received from the allottee/s till then and will not be liable to pay any damages or interest to the allottee/s. In case any preferentially located unit is not constructed, the Company shall be liable to refund extra charges paid by the allottee/s for such preferential location without any damages or compensation. Further, that the layout shown in the sales literature is tentative and is subject to change without any objection from the allottee/s.
30. That the possession period agreed upon is only indicative and the Company may offer possession before that date. In case of early possession, the balance installments shall become due immediately. The allottee/s has to take possession of the unit within 90 days of the written offer of possession from the Company failing which the unit shall lie at the risk and cost of the allottee/s. In case of delay in delivery of possession beyond the said date plus minus Six months which is attributable to the delay or negligence of the "Company", in that event the Company shall pay to the Allottee Rs. 05/- per sq.ft. per month as per super area for the period of delay. Likewise, the allottee/s shall be liable to pay holding charges, in addition to his proportionate share of all the other charges like maintenance and power back-up, to the company for the period of delay in taking over actual possession of the unit after the expiry of the said period of 90 days. The Possession delay penalty is not Payable to the defaulter member.
31. The allottee/s has to make payment of the balance amount and take possession of the unit within 90 days of the written offer of possession from the Company failing which the unit shall lie at the risk and cost of the allottee/s. Further, the allottee/s shall be liable to pay holding charges, at the rates to be intimated by the Company, in addition to his proportionate share of all the other charges to the Company for the period of delay in taking over actual possession of the unit after the expiry of the said period of 90 days.
32. That the allottee s after taking possession of the unit, shall have no claim against the Company in respect of any item of work in the unit, which may be said not to have been carried out or for non-compliance of any designs, specifications, buildings material or any other reason whatsoever.
33. That the intending allottee(s) has applied for registration for allotment of the said Super area flat at Lord Krishna Greens, Dehradun (more fully described in the Schedule of property - Annexure C) with full knowledge of laws, notifications and rules applicable to this area.
34. That the intending allottee(s) shall pay to the Company the total sale price consideration (Total Price Payable) as per the payment plan annexed A hereto.
35. That the basis of calculating the proportionate charges payable by the allottee/s will be the proportion of the built up area of his unit to the total built up area(i.e. super area) of all units affected by that charge.
36. That the intending allottee(s) shall pay in respect of the unit, the basic sale price and other charges on t1) basis of "Super Area" which shall mean and include the covered area, verandah and Balcony, ind Are of the area under periphery walls, area under the columns and walls, area utilized for staircases, walls, passages, mumty and utility areas.
37. That the address given in the application form shall be taken as final unless any subsequent change has been intimated under Regd. A/D letter. All demand notices, letters etc. posted at the given address shall be deemed to have been received by the allottee/s.
38. That the Company shall have the right to raise finance from any Bank/financial institution I Body Corporate and for this purpose create equitable mortgage against the construction or the proposed built up area in favor of one or more financial institutions and for such an act the allottee/s shall not have any objection and the consent of the allottee/s shall be deemed to have been obtained for doing the same during the construction of the complex. Not withstanding the fore going, the company shall ensure to have any such change, if created, vacated on completion of the complex and, in such a case, before transfer conveyance of the title of the unit to the allottee.
39. That the allottee is agree to furnish his Permanent Account Number (PAN) or Form 60, as the case may be, within 30 days from the date of execution of this Allotment Letter, if not furnished earlier.
40. That the allottee /s may undertake minor internal alterations in his unit only with the prior written approval of the Company. The allottee/s shall not be allowed to effect any of the following changes / alterations:
41. That allottee /s shall not use or allow to be used the unit for any non-residential purpose or any activity that may cause nuisance to other allottee/s in the complex.
42. That in case of transfer of allotment / ownership of unit, a transfer fee as prescribed by the Company shall payable by the allottee/s to the Company.
43. That the Development of the premises is subject to force-majeure clause, which includes delay for any reason beyond the control of the Company like non- availability of any building material due to market conditions, war or enemy action or natural calamities or any Act of God. In case of delay in possession as result of any notice, order, rule, notification of the Government Court of Law/Public/competent authority or any other reason beyond the control of the company & any of the aforesaid events, the Company shall be entitled to a reasonable extension of time. In case of non-availability of materials at reasonable cost including those materials mentioned in the specification sheet, the Company will be entitled to use alternative if substitute materials without any claim from the allottee/s.
44. That in case of NRI buyers, the observance of the provisions of the foreign exchange Management Act, 1999 and any other law as may be prevailing shall be the responsibility of the allottee/s.
45. That the amounts paid by the allottee/s to the Company to the extent of 10% of the sale price of the unit shall constitute the earnest money which may be forfeited in case of non-fulfillment of the terms of allotment.
46. That the allottee/s has fully satisfied himself / herself about the interest and the title of the Company in the said land on which the unit as part of a group housing scheme is being constructed and has understood all limitations and obligations in respect thereof and there will be no more investigation or objection by the allottee/s in this respect.
47. That the allottee/s agrees and undertakes that he shall, on taking possession of the unit or before, have no right to object to the Company constructing or continuing to construct other building adjoining the said residential unit. The allottee/s agrees that in case at any stage further construction in the complex becomes possible, the Company shall have sole right to undertake and dispose of such construction without any objection or claim from the allottee/s.
48. That all charge payable to various departments for obtaining service connections to the residential unit like electricity, telephone etc. including security deposits for sanction and release of such connections as well as informal charges pertaining thereto will be payable by the allottee/s.
49. That in case of joint application, the company may, at its discretion, without any claim from any allottee do the, correspondence with any one of the joint allottee/s sufficient for its record.
50. That for all intents and purposes, singular includes plural and masculine includes feminine.
51. That the intending allottee(s) undertakes to abide by all the laws, rules, regulations, bye-laws, guidelines & instructions issued by the Government or other authorities and made applicable to the said flat complex/colony/apartment.
52. That the intending allottee(s) shall solely be responsible for compliance with all applicable laws, notifications, guidelines, etc. for purchase of immovable property in India.
53.That the allottee(s) shall comply with all legal requirements for purchase of immovable property wherever applicable, after execution of the Buyers Agreement and sign all requisite applications, form, affidavits, undertakings etc. required for the purpose.
54. That all disputes or disagreements arising out of in connection with or in relation to this allotment shall be mutually discussed and settled between the parties.
55. That all disputes or disagreements arising out of in connection with or in relation to this allotment, which cannot be amicably settled, be finally decided by arbitration and the arbitration in such a case shall be the Architect of the Project.
56. That in case of any dispute between the co-allottee/s. the decision from the competent court shall be honored by the Company.
57. That the court at Dehradun alone shall have jurisdiction for adjudication of all matters arising out of or in connection with this agreement.
Lord Krishna Residency,
5/28 Teg Bahahdur Road,
Phone: (+91) 88 99 11 7171