Haryana Affordable Shop
Terms & Conditions
- The applicant(s) has applied for allotment of Shop in “Spring Walk" at “Landmark The Homes 81", Sector 81, Gurugram, an affordable group housing being developed by the Company with full knowledge of Laws, Notifications, rules as applicable.
- The applicant(s) has fully satisfied himself/herself/itself about the interest and title of the Company in the land of the present project.
- The applicant(s) has fully examined and have satisfied himself about the nature of rights, title and interest of the Company in the said project, which is being developed/constructed by the Company as per the prevailing bye-laws/guidelines of the Director, Town & Country Planning (DTCP), Chandigarh, Haryana, and/or any other concerned authority and has fully understood all limitations and obligations in this context thereof. The applicant(s) further agrees and accepts to abide by the terms and conditions of all the permissions, sanctions, directions etc. issued by DTCP, Chandigarh, Haryana and/or by any other authorities in this regard to the Company.
- All the applicable Govt. charges, rates, tax or taxes, statutory levies whatever name called payable in relation to land, sale of the Commercial Complex including but not limited to GST, levies, Cess etc. whether levied now or in future, imposed by the Government or any other Statutory Authorities, shall be payable on Demand and the applicant(s) agree, accept to make said payments timely without any dispute. If such charges, taxes are not assessed separately; the same shall be paid by applicant(s) on the basis as demanded by the Company. In the event of any increase in such charges, taxes, levies or in the event of introduction of any other/fresh levy/Taxes/ charges by the Govt./authority(s); the difference so calculated shall be payable whether prospectively or retrospectively and even after the Conveyance/Sale Deed has been executed, then these charges/taxes/shall be solely paid by the applicant(s) and upon failure to pay such charges/demands the same shall be treated as unpaid sale price of the Shop and the Company shall have the lien on the Shop of the applicant(s) for recovery of such charges/taxes/levies. This clause shall survive post execution of the Conveyance/Sale Deed to be executed between the Company and applicant(s). The applicant(s) have fully understood this clause and have agreed and accepted.
- Apart from the basic sale price; the company would also recover Preferential location Charges (PLC) for some particular Shop/Shop(s) in the Complex and if the applicant(s) opts for the allotment of any such Shop/Shop(s), he/she/they shall also be liable to pay for the said charges. The applicant(s) hereby agree and accepts to make timely payment of such demands as and when raised by the company.
- The Allotment made by the Company shall be deemed to be provisional and the Company shall have the right to create suitable alterations in the layout plan, after complying the Real Estate Act 2016. Such alterations may include change in the Area, Layout Plan, Floors, Block and number of the Shops, number of towers, and Increase/decrease in the area of Shops. That the opinion of Company's Architect on such changes will be final and binding on applicant(s). Further, if there is any increase/decrease in the Carpet Area /Super Area of the Shop or in case if a Shop becomes preferentially located, Basic Sale Price and/or PLC shall be payable/adjustable at the original rate at which such Shop/Shop(s} has been requested for allotment. The applicant(s) hereby agree and unconditionally accept the area increase/decrease and undertakes to make due payments if any and would accept the adjustments upon decrease if any, unconditionally without any dispute of any nature whatsoever.
- The applicant(s) shall before taking possession of Shop(s), must clear all the dues towards the shop and have the Conveyance Deed against the allotted shop(s) executed in his favour by the Company after paying stamp duty, registration fee and other charges/expenses.
- Earnest money shall mean 10% of the total cost of shop/unit booked together with the interest on unpaid installments and interest on delayed payments. In case applicant(s), at any time opts for cancellation of the allotment, the Company would cancel such Allotment after forfeiting 10% of the total cost of the shop/unit together with the interest on unpaid installments and interest on delayed payments, constituting the Earnest Money, and thereafter the balance if any would be refunded. Applicant(s) hereby accepts and authorizes the Company to forfeit, out of the amounts paid/payable by him/her/it, the earnest money as aforementioned together with the processing fee, any Interest due or payable, any other amount of a non-refundable nature in the event of the failure of applicant(s) to perform his/her/its obligations or fulfill all the terms and conditions mentioned in the application form/Agreement for sale and User Charges cum Operating Cost Agreement and such other documents as may be required by the Company to be executed by the applicant(s) or in the event of failure of the applicant(s) to sign and return the Agreement for Sale in its original form to the Company within Seven days from the date of its receipt by the applicant(s) and further not being turned up for registration of the said Agreement for Sale within 7days from date of request to do so.
- The applicant(s) shall use/cause to be used the said shop for commercial purpose only. This is a condition precedent and non-compliance thereof may invite cancellation of allotment of the shop and forfeiture of the earnest money.
- Timely payment of installments of total sale price and allied charges pertaining to the shop is the essence of the term of the allotment. However, in the event of breach of any of the terms and conditions of the allotment by the applicant(s), the allotment will be cancelled at the discretion of the Company and the earnest money shall stand forfeited. The balance amount shall be refunded to the applicant(s).
- The applicant(s) shall get his/her/their complete address registered with the Company at the time of submitting the Application Form requesting the Allotment and it shall be his/her/their responsibility to inform the Company in writing by Registered AD letter for any change in their Mailing or Permanent Address. If he fails to do so then failing which, all demand notices and letters posted at the first Registered Address will be deemed to have been received by him at the time when those should ordinarily reach at such address and he shall be responsible for any default in making payment and other consequences that might occur there from. All interest accrued during such delay would be borne by applicant(s) and applicant(s} Agree and accept to pay for such accrued interest.
- The applicant(s) undertakes to abide by all Bye laws, laws, rules and regulations including the Shops and Commercial Establishment Act applicable in the state of Haryana, or any other law as may be made applicable to the said Shop Complex. Any lapse on account of this if results in any financial implications that would be to applicant(s) account.
- Loans from financial institutions to finance the said shop may be availed by the applicant(s). However, if a particular institutional Bank refuses to extend financial assistance on any ground; the applicant(s) shall not make such refusal an excuse for non-payment of further Installments/dues. In case there is delay in processing the loan from the bank side due to any reason whatsoever and consequently the payments of installments are delayed by the applicant(s) to the company the applicant(s) agrees and accepts to make the payment of accrued interest to the company, unconditionally.
- The applicant(s) shall have no objection in case the Company creates a charge on the project land during the course of development of the Project for raising loan from any bank/financial institution. However, such charge, if created, shall get vacated before execution of the conveyance deed of the shop.
- After the provisional allotment if any applicant wishes to withdraw then the applicant needs to visit the site office and submit a written application for the same. After the application is received the registration amount would be refunded in full within 30 days.
- The registration amount would be refunded within 30 days to the unsuccessful applicants and the applicants not interested after the provisional allotment.
- After the provisional allotment the applicants can choose/book units of any size subjected to availability, on first come first serve basis.
- The applicant(s) undertakes to abide by and comply with all the laws, rules and regulations, terms and conditions applicable/made applicable to the said shop and Commercial Complex.
- Detailed terms and conditions shall form integral part of the Agreement for sale which the applicant(s) shall execute.
- To settle any confusion regarding any matter herein or anything being not covered/clarified herein, it is agreed by the applicant(s) that reference shall be made to the detailed terms of the Allotment Letter/Agreement for sale, the terms whereof have been seen, read and understood/accepted by the applicant(s).
- In case there are joint applicant(s), all communications shall be sent by the Company to the applicant(s) whose name appears first, at the address given by him for mailing and which shall for all purposes be considered as served on all the applicant(s) and no separate communication shall be necessary to the other named applicant(s). All the applicant(s) agrees and accepts.
- If any misrepresentation/concealment/suppression of material facts are found to be made by the applicant(s), the allotment will be cancelled and the earnest money as mentioned herein above shall be forfeited and the applicant(s) shall be liable for such misrepresentation/concealment/suppression of material facts in all respects.
- Flooring in mix design of marble, granite and tile. Accordingly variations in shade and/or size and/or colour and/or design of the tiles, motifs, mica etc may occur for the common areas.
- The Courts at Gurugram alone shall have jurisdiction in case of any dispute.