|
MODEL FORMAT OF CONSTRUCTION AGREEMENT |
THIS CONSTRUCTION
AGREEMENT (“AGREEMENT”)
ENTERED INTO AT --------
ON THIS --- DAY OF -------- , 20--:
BY AND BETWEEN
------- APARTMENTS & BUILDINGS CO., (PAN No.--------) (Registered Partnership Firm
under Partnership Act 1932 Vide
Registration No. FR/-------/---/20--),
having office at “-------”, ---/--, ---- Road,
------, -------, duly represented
herein by its Partner, Mr. --------,
Son of Mr. -------, aged about -- years,
at ‘------’, No.---/--, -------- Road, ----------, --------, hereinafter referred to as
the "PARTY OF THE FIRST
PART" which term shall wherever the context so permit mean and
include his heirs, Executors, administrators,
legal representatives and assigns, hereinafter referred to as
the "PROMOTER" which
term shall wherever the context so permit mean and include his heirs, executors,
administrators, legal representatives and assigns
AND
Ms. ------- daughter of Mr. -----, aged about -- years and Mr.
------, son of Mr. ----------, aged about -- years, both residing at No. --/--, ------- Villa, ------- Nagar, --- Street, -----, ------, hereinafter referred to as
the “ALLOTTEE” which term
shall wherever the context so permit mean and include his heirs, executors,
administrators, legal
representatives and assigns.
WHEREAS
A. The
Promoter is the absolute and lawful owner of the piece and parcel of land being
-- Villas measuring -- cents in S.No.--/-, --.-- cents in S.No.--/---, -- cents
in S.No.--/--, -- cents in S.No.--/--, --.--
cents in S.No.--/---- --.-- cents in
S.No.--/--, -- cents in S.No.--/--, --.---
cents in S.No.--/-, --.--- cents in
S.No.--/----, --.- cents in S.No.--/--, --.---
cents in S.No.-- /--, -- cents in S.No.--/-,
-- cents in S.No.--/-, -- cents
in S.No.--/-, -- cents in S.No.--/-, -- cents in S.No.--/-, -- cents in S.No.--/-, --.-- cents in S.No.--/--, measuring in all
Acre -.--.--- cents (--------- sq.ft), situate at No.--, --------Village, -------, -------
Taluk, ------- District, more fully described in Schedule A hereunder (Said
Land), and the Promoter purchased the same under Sale Deeds dated --/--/----, --/--/----,
--/--/----, --/--/----, --/--/---- and --/--/---- registered as Document Nos.------
of 20--, ------ of 20--, ----- of 20--, ---- of 20--, --- of 20--, and ------
of 20-- respectively in the office of the Sub Registrar, ----------; and
Settlement Deeds dated --/--/---- and --/--/---- registered as Document Nos.-----
of 20-- and ---- of 20-- in the office of the Sub Registrar, -----------------.
B.
The Promoter has formulated
a scheme for developing the Said Land. The Said Land is earmarked for the
purpose of constructing Villas with amenities and facilities (“Project”).
C. The
Promoter has obtained requisite sanctions, authorizations, consents, no
objections, permissions and approvals from the appropriate authorities for
construction and development of the Project vide Planning Permit Letter No.----
of 20-- dated --/--/---- issued by Deputy Director (i/c), Town and Country
Planning, ------ and the proceedings of --------- Village Panchayat dated --/--/-----
(Building Permit No.-- of 20-- - 20--).
D. The
Promoter has registered the Project under the provisions of the Act with the
Real Estate Regulatory Authority at ------ on --/--/---- under registration No. TN/--/Building/----/20--.
E.
The Allottee has already
scrutinized / verified all sanctions, authorizations, consents, no objections,
permissions and approvals issued by the appropriate authorities and is
satisfied with the title and statutory compliance with regards to the Project.
F.
The Allottee desirous of
owning a Villa in the Project has entered into an Agreement for Sale to purchase the land bearing Plot No. -- with the Owner (Promoter) measuring
---- square feet together with --- square feet of undivided share of
land in the Said Land, which is more
fully described in Schedule B hereunder and secured the right to appoint
Promoter to construct a Villa as per the scheme formulated by the Promoter.
G. The
Allottee has now applied for construction of a Villa in the Project to the
Promoter and the Promoter has agreed to construct and allot Villa No.-- having carpet area of ----- square feet,
along with exclusive car parking and proportionate share in the constructed common
area, more fully described in Schedule “C” hereunder (“Villa‟) to the Allottee.
H. The
Promoter is fully competent to enter into this Agreement and all the legal
formalities with respect to the right, title and interest of the Promoter
regarding the Said Land on which Project is to be constructed have been
completed;
I.
The Parties have decided to
reduce the terms and conditions mutually agreed upon into writing through these
presents.
NOW THEREFORE THIS
AGREEMENT WITNESSETH AS FOLLOWS:
The
Promoter and the Allottees mutually agree and covenant as follows:
1.
ALLOTMENT:
The Promoter hereby agrees to construct, allot and deliver the Villa No. --, as per the specifications
mentioned in the Annexure hereunder, to the Allottee at the cost of the
Allottee.
2.
CONSTRUCTION
COSTS AND OTHER RELATED PAYMENTS:
a.
The Construction Cost for the Villa based on the carpet area is Rs.-----------/- (Rupees -------------- only). The Construction
Cost includes the following
|
Villa
No.-- |
Amount |
|
|
Rs.--------------/- ** |
|
Proportionate
cost of common area |
|
|
Taxes |
Rs.
-------------/- |
|
Total |
Rs.-------------------/- |
** The above cost does not include the Corpus Fund of Rs.
--------/- payable separately before taking possession
Rupees
--------------------- only ("Construction
Cost):
The
Construction Cost above includes the booking amount paid by the Allottee to the
Promoter towards the Villa;
1.
The Construction Cost above includes Taxes (consisting of tax paid or payable
by the Promoter by way of GST, Value Added Tax, Service Tax, and Cess or any
other similar taxes which may be levied, in connection with the construction of
the Project payable by the Promoter) up to the date of handing over the
possession of the Villa:
2.
Provided that in case there is any change / modification in the existing taxes
and any other new Taxes, the subsequent amount payable by the Allottee to the
promoter shall be increased/reduced based on such change / modification.
3.
The Promoter shall periodically intimate to the Allottee, the amount payable as
stated in (1) above and the Allottee shall make payment within 7 days from the
date of such written intimation.
4.
The Construction Cost is escalation-free, save and except increases, which the
Allottee hereby agrees to pay, due to increase on account of development
charges payable to the competent authority and/or any other increase in
charges, which may be levied or imposed by the competent authority from time to
time.
5.
The Promoter undertakes and agrees that while raising a demand on the Allottee
for increase in development charges, cost/charges imposed by the competent
authorities, the Promoter shall quote the said
notification/order/rule/regulation to that effect along with the demand letter
being issued to the Allottee.
6.
The Allottee(s) shall make the payment as per the payment plan set out in
Schedule D (“Payment Plan”). The Allottee authorizes the Promoter to
adjust/appropriate all payments made by him/her under any head(s) of dues
against lawful outstanding, if any, in his/her name as the Promoter may in its
sole discretion deem fit and the Allottee undertakes not to object/demand/ direct
the Promoter to adjust this payment in any manner.
7.
A sum of Rs.---------/- (Rupees ------------ only) towards corpus fund to be utilized for major expenditure in
maintenance of the building and other infrastructural facilities and amenities
in the Project shall be paid at the time of handing over possession of the
Schedule “C” property. The Promoter shall transfer this amount after deducting
any expenses incurred, for the purpose of maintenance of the buildings; without
interest to the agency to be appointed by them or the Association / Society to
be formed by the Allottees.
3.
MODE OF PAYMENT:
(a) The Allottee has paid a sum of Rs.---------/- (Rupees ----------
only), to the Promoter, through NEFT on --/--/----, as booking amount at the
time of allotment of the Villa;
(b)
The Allottee shall pay the balance consideration amount as per the schedule of
payments detailed in the SCHEDULE– “D” hereunder;
(c)
The Allottee hereby undertake/s and assure/s that based on the stage intimation
letters issued / to be issued by the Promoter to the Allottee, the above
payments shall be made by the Allottee within the due date and without any
further demand, as time for payment of the above said sums being the essence of
the contract and the Allottee is fully informed by the Promoter that any
default in payment of the above said amount would affect the completion of the
Project;
(d)
All payments shall be made by Cheques or Demand Drafts or through RTGS. The
date of credit of the amount into the account of the Promoter will be
considered as the date of payment made by the Allottee and the delayed payment
charges will become payable from the due date;
(e)
The Allottee shall not delay, withhold or postpone the payments due as
mentioned in SCHEDULE-“D”, on whatever reason and in that event, Allottee shall
be responsible for any consequential sufferance or damages and they shall
adhere to clause 5(a)(1) mentioned herein.
(f)
The Allottee, if resident outside India, shall be solely responsible for
complying with the necessary formalities as laid down in Foreign Exchange
Management Act, 1999, Reserve Bank of India Act and Rules and Regulations made
thereunder or any statutory amendment(s) modification(s) made thereof and all
other applicable laws including that of remittance of payment
acquisition/sale/transfer of immovable properties in India etc. and provide the
Promoter with such permission, approvals which would enable the Promoter to
fulfill its obligations under this Agreement. Any refund, transfer of security,
if provided in terms of the Agreement shall be made in accordance with the
provisions of Foreign Exchange Management Act, 1999 or statutory enactments or
amendments thereof and the Rules and Regulations of the Reserve Bank of India
or any other applicable law. The Allottee understands and agrees that in the event
of any failure on his/her part to comply with the applicable guidelines issued
by the Reserve Bank of India, he/she shall be liable for any action under the Foreign Exchange Management Act,
1999 or other laws as applicable, as amended from time to time. The Promoter
accepts no responsibility in this regard. The Allottee shall keep the Promoter
fully indemnified and harmless in this regard. Whenever there is any change in
the residential status of the Allottee subsequent to the signing of this Agreement,
it shall be the sole responsibility of the Allottee to intimate the same in
writing to the Promoter immediately and comply with necessary formalities if
any under the applicable laws. The Promoter shall not be responsible towards
any third party making payment/remittances on behalf of any Allottee and such
third party shall not have any right in the application/allotment of the said Villa
applied for herein in any way and the Promoter shall be issuing the payment
receipts in favour of the Allottee only.
4.
PERIOD OF COMPLETION AND HANDING OVER OF
POSSESSION:
(a)
The Promoter shall endeavor to complete the construction of the Villa within --
(-----------) months with grace period of -- (----) months from the date of
this Agreement. The Promoter agrees and understands that timely delivery of
possession of the Villa is the essence of the Agreement. The Promoter, based on
the approved plans and specifications, assures to hand over possession of the Villa
as committed, unless there is delay or failure due to war, flood, drought,
fire, cyclone, earthquake or any other calamity caused by nature affecting the
regular development of the real estate project (“Force Majeure”). If, however,
the completion of the Project is delayed due to the Force Majeure conditions
then the Allottee agrees that the Promoter shall be entitled to the extension
of time for delivery of possession of the Villa, provided that such Force
Majeure conditions are not of a nature, which make it impossible for the
contract to be implemented. The Allottee agrees and confirms that, in the event
it becomes impossible for the Promoter to implement the project due to Force
Majeure conditions, then this allotment shall stand terminated and the Promoter
shall refund to the Allottee the entire amount received by the Promoter from
the allotment within ---- days from that date of determination of impossibility
of performance. After refund of the money paid by the Allottee, Allottee agrees
that he/ she shall not have any rights, claims etc. against the Promoter and
that the Promoter shall be released and discharged from all its obligations and
liabilities under this Agreement
(b)
The Promoter, upon completion of construction of the Villa shall intimate to
the Allottee of the same at the last known address of the Allottee by letter
and the Allottee shall take possession of the Villa within -- days of receipt
of such intimation. The Promoter shall not be liable in any manner whatsoever,
for failure of the Allottee to take over possession of the Villa.
(c)
Upon receiving a written intimation from the Promoter as per clause 4 (b), the
Allottee shall take possession of the Villa from the Promoter by executing
necessary indemnities, undertakings and such other documentation as prescribed
in this Agreement, and the Promoter shall give possession of the Villa to the
Allottee. In case the Allottee fails to take possession within the time
provided in clause 4(b), such Allottee shall continue to be liable to pay
maintenance charges as applicable
(d)
The Promoter shall hand over possession of the Villa to the Allottee as
committed subject to receipt of the entire consideration including the other
payments as per Schedule D. It is made abundantly clear that the obligation of
the Promoter to handover the Villa to the Allottee does not arise until the
Promoter receives the entire payment/s as mentioned in Schedule D.
(e)
The Allottee shall not do or permit any agent / workers to carry out any work
in the Villa, until possession is handed over to the Allottee.
5.
BREACH OF TERMS AND ITS REMEDY:
(a)
ALLOTTEE’S COVENANT: 1. In the event
of the Allottee failing to pay the aforesaid sums, in the manner provided in
Schedule D or cancel/withdraw from the Project except for the default of the
Promoter, then the Promoter at his discretion after giving -- days notice to
the Allottee is entitled to cancel this Agreement and re-allot the Villa, to
the another party and the Allottee shall thereafter have no right, interest or
claim over the Villa. Consequent to such termination, subject to deduction of
the booking amount, the Promoter shall refund the monies collected from the
Allottee within (--) days of such cancellation without interest, simultaneous
to the Allottee executing necessary cancellation and registration of the
Agreement and/or sale deed by the Allottee.
2.
The Allottee hereby agrees that the assignment of the Allottee‟s right under
this agreement to any third party is subject to the prior written permission of
the Promoter and further agrees to pay to the Promoter an Assignment fee of --%
of Construction Cost (“Assignment Fee‟).
3.
The Parties hereby confirm that this Agreement and the Agreement for Sale of
even date entered into by the Allottee shall co-exist or co-terminate.
4.
It is specifically agreed by the Allottee that the Allottee shall bear all
statutory charges from the date of intimating the readiness of the Villa for
handover by the Promoter
(b)
PROMOTER’S COVENANT: Subject to the
Force Majeure clause, the Promoter shall be considered to be on default, in the
following events:
1.
Promoter fails to provide ready to move in possession of the Villa to the
Allottee within the time period specified. For the purpose of this clause,
'ready to move in possession' shall mean that the Villa shall be in a habitable
condition which is complete in all respects;
2.
Discontinuance of the Promoter‟s business as a developer on account of
suspension or revocation of his registration under the provisions of the Real
Estate Regulatory Authority Act or the rules or regulations made there under;
3.
In case of Default by Promoter under the conditions listed above, Allottee is
entitled to the following:
(i)
Stop making further payments to Promoter as demanded by the Promoter. If the
Allottee stops making payments, the Promoter shall correct the situation by
completing the construction milestones and only thereafter the Allottee be
required to make the next payment without any penal interest; or
(ii)
The Allottee shall have the option of terminating the Agreement in which case
the Promoter shall be liable to refund the entire money paid by the Allottee
under any head whatsoever towards the purchase of the Villa, along with
interest at the rate specified in the Rules within -- days of receiving the
termination
notice, simultaneous to the execution of cancellation agreement and
registration thereof, if required Provided that where an Allottee does not
intend
to withdraw from the project or terminate the Agreement, he/she shall be paid,
by the promoter, interest at the rate specified in the Rules, for every month
of delay till the handing over of the possession of the Villa.
6.
MAINTENANCE OF COMMON AREAS AND
AMENITIES IN THE PROJECT:
(a)
The Promoter shall provide essential maintenance services to common areas /
amenities / facilities from the date of completion of the Project at reasonable
cost, by themselves or through any other agency appointed by the Promoter.
(b)
The Parties may mutually agree to execute an independent maintenance agreement
at the time of handover of the Villa with the Promoter or nominated maintenance
agency. The rights, duties and obligation of maintenance of the Common Areas
and amenities provided in the Project may be captured in the said maintenance
agreement (“Maintenance Agreement‟). The Promoter shall deduct the monthly
maintenance charges from the Maintenance Advance, if any collected.
(c)
Any capital expenditure for providing additional amenities shall be met out by
the Promoter from and out of the Corpus Fund with the consent of the association
of allottees.
(d)
The capital expenditure spent of the Corpus Fund shall be replenished by
raising pro-rate demand and collection from each Allottee, if the Allottee
defaults in making the proportionate Corpus Fund the Promoter shall be entitled
to collect the prescribed interest for the due payments.
(d)
The Allottee along with the other allottees of the Project shall ensure that
the owners welfare association is formed as per the provisions of the Tamil
Nadu Villa Ownership Act, 1994 (“Owners Association‟). The Promoter shall
render its co-operation and facilitate in formation of the Owners Association.
(e)
The Promoter shall render proper accounts to the Owners Association at the time
of handover of the maintenance with respect to the spending from Advance
Maintenance charges and Corpus Fund collected.
(f)
Subsequent to the taking over of maintenance by the Owners Association, the
Allottee shall continue to pay the all costs, charges, expenses, relating to
the management, maintenance and upkeep of common areas and common facilities /
amenities including but not limited to Sewerage Treatment Plant/Effluent
Treatment Plant, Water Treatment Plant, RO Plants, Lifts, Motors, pumps, bio
metric systems, dish antennas, net work cablings etc., etc., within the Project
on pro-rata basis or in another manner as deem fit by the Association. The
Promoter shall not be liable for any shortcomings or deficiency thereof, in any
manner whatsoever.
(g)
It is specifically agreed by the Allottee that the Allottee shall pay their
pro-rata maintenance charges for the common areas, common amenities /
facilities in the Project in time and without any delay and in the event of the
Allottees inability to pay the maintenance charges or any default or delay in
payment of maintenance charges and deposits if any, the Allottee may be
deprived of his/her/its/their rights to enjoy the common facilities and
amenities. In addition to that, such defaults will be displayed in the notice
board within the Project.
7.
SANCTIONS AND APPROVALS:
(a)
The statutory approvals, including State and Central Government
approvals/permissions including amendments / modifications / alterations, its
departments, local bodies, authorities, Chennai Metropolitan Development
Authority, Tamil Nadu Electricity Board, Corporation of Chennai, and all other
concerned authorities, may mandate the Promoter to handover certain percentage
of land to the statutory authorities concerned, as a condition for granting
approval. The Promoter shall have absolute discretion to determine and identify
the portion of the land to be handed over for complying with the terms and
conditions of statutory approvals
(b)
The Promoter hereby covenants that the Project shall be constructed as per the
approved building plan.
(c
) The Allottee is aware that the present plans sanctioned by the competent
authority is valid for specific term, the promoter shall be responsible to get
the approvals duly renewed, the Allottee hereby give their specific consent and
empower the promoter to file necessary renewal application with the appropriate
authority and to comply with any statutory requirement for such renewal.
8.
DEFECTS LIABILITY:
The
Promoter shall rectify any structural defects with respect to the Villa (normal
wear and tear is exempted), which shall not be as the result of any commission
or omission of the Allottee, any damages caused due to the acts of god or
natural calamities or fire accidents, any willful or accidental damages caused,
any damages caused due to tampering by the Allottee, any product that has been
installed by the Promoter brought to the notice of the Promoter within -- years
from the date of intimating the readiness to handover of the Villa and
thereafter no claim shall be entertained against the Promoter in respect of any
alleged defective work in the Villa and/or Project under any circumstances. The
above liability of the Promoter shall be restricted only to rectify / repair
the above defects and any consequential damages will not be covered under this
Agreement. Structural defects shall not include plastering hairline crack.
Third party warranty on products shall be governed by the terms and conditions
provided by the manufacturer of the respective products.
9.
LOANS AND FINANCIAL ASSISTANCES:
(a)
The original Sale Deed relating to the SCHEDULE “B” PROPERTY will be under the
custody of the Promoter till such time all / last payment including cost of
construction and extra amenities are paid / settled by the Allottee to the
Promoter. However, if the Allottee prefers/s to avail loan, the original Sale
Deed in respect of SCHEDULE “B” PROPERTY will be released directly to the
mortgagee / Banks / Financial Institutions, after obtaining a commitment letter
from the mortgagee / banks / financial institutions. The Promoter undertakes to
furnish one set of photocopies of title deeds pertaining to the SCHEDULE “A”
PROPERTY to the Allottee. In the event of foreclosure of the loan by the
Allottee prior to handing over the SCHEDULE “C” PROPERTY by the Promoter to the
Allottee, the Allottee shall hand over the original Sale Deed to the Promoter
and the Promoter will have the custody of the documents till such time all /
last payment including cost of construction and extra amenities are paid /
settled by the Allottee to the Promoter
(b)
All the payments to be paid under this Agreement by the Allottee to the
Promoter, apart from the loan amount, shall be paid directly by the Allottee to
the Promoter.
(c)
All the loan amount/s, availed by the Allottee, shall be directly disbursed /
released by the bank / financial institution to the Promoter and the same shall
be treated as payments made on behalf of the Allottee;
(d)
Not withstanding whether the loan is obtained or not, the Allottee shall still
be liable to pay to the Promoter on the due dates the relevant instalments and
all other sums due under this Agreement and in the event, if there is any delay
and or default is made in payment of such amount/s, the Allottee shall be
liable for the consequences including payment of interest @ 18% per annum on
the outstanding payment as provided in this agreement.
10.
RIGHTS AND DUTIES OF THE ALLOTTEE:
(a)
While the Allottee would have absolute and exclusive ownership / possession /
enjoyment of the Villa, after handing over, the Allottee‟s right, title and
interest in the common areas shall be enjoyed in concurrence with other owners
/ residents of other Villas in the Project, who would be equally entitled to
the common amenities / facilities / easements available in the Project, all
costs of repairs / maintenance of which common enjoyments shall be shared by
all the owners, including the Allottee as per the articles / regulations /
bye-laws of the Association to be formed by all the Villa owners in the
Project;
(b)
It is abundantly made clear that all the service lines, ducts, watercourses and
other facilities passing through the Said Land shall be treated as common to
all the owners, which shall be maintained by the Association. The owners of the
Villas shall not object to the common services passing through their respective
Villas and allow the service persons to do the maintenance services in the
areas through which the services are passing through;
(c)
The Allottee shall adhere to the maintenance and usage guidelines provided by
the Association to maintain harmonious community living and ensure that rights
and enjoyment of other Villa owners are not affected;
(d)
The Allottee covenants not to make any alteration in the structure of the Villa,
which may affect directly or indirectly, the structural safety & stability
and the aesthetic elevation of the building complex;
(e)
The Allottee or their tenants (Occupants) and/or Association shall not, at any
time, encroach and carry on in the common areas or within the SCHEDULE “A”
PROPERTY, any commercial trade or business or use it for storage of anything
which is offensive in nature, hazardous or inflammable or is likely to be a
nuisance or danger or diminish the value or the utility of the other portions
of the building in the Project in occupation of the owners of other Villas or
their successors in title and further shall not do or commit any activity which
is unlawful and anti–social;
(f)
The Allottee shall either in his/her/its/their individual capacity or as a
member of the Association/Society, after its formation, come to an
understanding with the other owners of the Villa shall operate and maintain all
the essential amenities like STP, RO, Genset, fire fighting equipments,
elevator, piped gas, Rain water harvesting etc either individually or through
the Association whenever required and in good running condition. It is the
responsibility of the Allottee and or the Association to ensure proper
assistance to the government officials concerned during periodical inspection.
(g)
The Allottee shall not either in his/her/its/their individual capacity or as a
member of the Association, after its formation, come to an understanding with
the other owners of the Villa to utilize the common areas for commercial
purposes or for earning income from outsiders;
(h)
The Allottee agrees to sign from time to time all papers and documents and to
do all things as the Promoter may require, for the effective completion of the
construction and in matters connected with obtaining, erecting and providing
the infrastructural facilities like water, sewerage, electricity, etc.
(i)
The Allottee shall not encroach upon the common areas.
(j)
The Allottee shall not decorate the exterior of the proposed buildings in the
Project otherwise than in a manner agreed to by the majority of the Villa
owners with the prior permission of the Association.
(k)
The Allottee shall not put up any temporary or permanent structure anywhere in
the Project nor change the elevation of the proposed buildings;
(l)
The Allottee shall not make any alterations in the structural feature of the
proposed building like R.C.C. Flooring, Roofing, columns and external walls
during \ after completion, including the parking space allotted;
(m)
The Allottee shall use the Villa only for residential purposes and not to use
for any other purposes and for business prohibited by law;
(n)
The Allottee shall not cause any nuisance to the other occupants of proposed Villas
in the Project;
(o)
The Allottee shall have no right to hinder the progress of construction of the
residential Villa buildings in the Project or any part thereof under any
circumstances whatsoever, and at whatever stage of construction;
(p)
The Allottee shall give all necessary support, assistance to the other Villa
owners /Association. The supporting common walls and roofs and all common areas
of the buildings in the Project shall be maintained and repaired in common by
all the owners of the Villas in the Project;
(q)
The Allottee shall park their cars / vehicles only at their Villa car parking
space allotted to the Allottee and not at any other place around the building
and shall use the Car Parking space only for parking their vehicles and shall
not use the parking space for other purposes including storage of materials;
11.
RIGHTS AND DUTIES OF THE PROMOTER:
(a)
The Promoter undertakes to develop the Project with good workmanship using
standard materials, through its own labour, materials, tools, machineries and
other equipment for the purpose of construction, or by appointing contractors /
sub – contractors, engineers and supervisors at their choice and to take steps
to complete the SCHEDULE “C” PROPERTY within the time stipulated for completion
of the same;
(b)
The Promoter shall be responsible and liable to pay the land tax in respect of
the Said Land up to the date of execution and registration of Sale Deed in
respect of SCHEDULE “B” PROPERTY or delivery of possession of the SCHEDULE “C”
PROPERTY to the Allottee, whichever is earlier. From the date of intimating the
readiness to hand over possession, the Allottee is solely responsible and
liable for property tax and other relevant taxes / charges and duties to the
respective authorities with respect to the SCHEDULE “B & C” PROPERTY;
(c)
The Promoter will provide only electrical points. The cost of all electrical
fixtures and consumables like bulbs, fans, fittings etc., will be borne by the
Allottee;
12.
NAME OF THE PROJECT:
The
Project to be developed by the Promoter in the SCHEDULE “A” PROPERTY is named
as “---------------”, which shall not be changed / altered by the Allottee at
any point of time. The Promoter is expressly permitted to display, at all
times, the name and logo of the Project along with the name of the Promoter or
their group companies, upon the Project in such location and in the style and
format of the Promoter’s choice. The Promoter shall have exclusive proprietary
and other rights, title and interest on such name.
13.
RIGHT TO ENTER INTO THE VILLA FOR
REPAIRS
The
Promoter / maintenance agency /association of allottees shall have rights of
unrestricted access of all Common Areas, garages/closed parking‟s and parking
spaces for providing necessary maintenance services and the Allottee agrees to
permit the association of allottees and/or maintenance agency to enter into the
Villa or any part thereof, after due notice and during the normal working
hours, unless the circumstances warrant otherwise, with a view to set right any
defect.
14.
USAGE
Use of Basement and Service
Areas:
The
basement(s) and service areas, if any, as located within the (project name),
shall be earmarked for purposes such as parking spaces and services including
but not limited to electric sub-station, transformer, DG set rooms, underground
water tanks, pump rooms, maintenance and service rooms, fire fighting pumps and
equipment‟s etc. and other permitted uses as per sanctioned plans. The Allottee
shall not be permitted to use the services areas and the basements in any
manner whatsoever, other than those earmarked as parking spaces, and the same
shall be reserved for use by the association of allottees formed by the
Allottees for rendering maintenance services.
15.
COMPLIANCE OF LAWS, NOTIFICATIONS ETC.,
BY ALLOTTEE
The
Allottee is entering into this Agreement for the allotment of a Villa with the
full knowledge of all laws, rules, regulations, notifications applicable to the
Project in general and this project in particular. That the Allottee hereby
undertakes that he/she shall comply with and carry out, from time to time after
he/she has taken over for occupation and use the said Villa, all the
requirements, requisitions, demands and repairs which are required by any
competent Authority in respect of the Villa/ at his/ her own cost.
16.
ADDITIONAL CONSTRUCTIONS
The
Promoter undertakes that it has no right to make additions or to put up
additional structure(s) anywhere in the Project after the building plan has
been approved by the competent authority(ies) except for as provided in the
Act.
17.
APARTMENT OWNERSHIP ACT
The
Promoter has assured the allottees that the project in its entirety is in
accordance with the provisions of the Tamil Nadu Apartment Ownership Act, 1994
and Allottee shall comply with the compliance as required under the Villa
Ownership Act.
18.
ENTIRE AGREEMENT
This
Agreement, along with its schedules, constitutes the entire Agreement between
the Parties with respect to the subject matter hereof and supersedes any and
all understandings, any other agreements, allotment letter, correspondences,
arrangements whether written or oral, if any, between the Parties in regard to
the said Villa/plot/building, as the case may be.
19.
RIGHT TO AMEND
This
Agreement may only be amended through written consent of the parties.
20.
PROVISIONS OF THIS AGREEMENT APPLICABLE
ON Allottee / SUBSEQUENT ALLOTTEES
It
is clearly understood and so agreed by and between the Parties hereto that all
the provisions contained herein and the obligations arising hereunder in
respect of the Project shall equally be applicable to and enforceable against
any subsequent Allottees of the Villa, in case of a transfer, as the said
obligations go along with the Villa for all intents and purposes.
21.
WAIVER NOT A LIMITATION TO ENFORCE
a)
The Promoter may, at its sole option and discretion, without prejudice to its
rights as set out in this Agreement, waive the breach by the Allottee in not
making payments as per the Payment Plan including waiving the payment of
interest for delayed payment. It is made clear and so agreed by the Allottee
that exercise of discretion by the Promoter in the case of one Allottee shall
not be construed to be a precedent and /or binding on the Promoter to exercise
such discretion in the case of other Allottees.
b)
Failure on the part of the Promoter to enforce at any time or for any period of
time the provisions hereof shall not be construed to be a waiver of any
provisions or of the right thereafter to enforce each and every provision.
22.
SEVERABILITY
If
any provision of this Agreement shall be determined to be void or unenforceable
under the Act or the Rules and Regulations made thereunder or under other
applicable laws, such provisions of the Agreement 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 Act or the Rules and Regulations made
thereunder or the applicable law, as the case may be, and the remaining
provisions of this Agreement shall remain valid and enforceable as applicable
at the time of execution of this Agreement.
23. METHOD OF CALCULATION OF PROPORTIONATE
SHARE WHEREVER REFERRED TO IN THE AGREEMENT
Wherever
in this Agreement it is stipulated that the Allottee has to make any payment,
in common with other Allottee(s) in Project, the same shall be the proportion
which the carpet area of the Villa bears to the total carpet area of all the [Villas/Plots]
in the Project.
24.
FURTHER ASSURANCES
Both
Parties agree that they shall execute, acknowledge and deliver to the other
such instruments and take such other actions, in additions to the instruments
and actions specifically provided for herein, as may be reasonably required in
order to effectuate the provisions of this Agreement or of any transaction
contemplated herein or to confirm or perfect any right to be created or
transferred hereunder or pursuant to any such transaction.
25.
PLACE OF EXECUTION
The
execution of this Agreement shall be complete only upon its execution by the
Promoter through its authorized signatory at the Promoter‟s Office, or at some
other place, which may be mutually agreed between the Promoter and the
Allottee, in ------- after the Agreement is duly executed by the Allottee and
the Promoter or simultaneously with the execution the said Agreement shall be
registered at the office of the Sub-Registrar. Hence this Agreement shall be
deemed to have been executed at Chennai.
26.
NOTICES
That
all notices to be served on the Allottee and the Promoter as contemplated by
this Agreement shall be deemed to have been duly served if sent to the Allottee
or the Promoter by Registered Post/ e-mail/ courier at their respective
addresses specified below:
a) Name of Allottees : Ms.
-------- &
Mr. ----------
b)
Allottees Address : --------------
c)
Promoter’s Name: ------------
PARTNER:
M/s. ------------
APARTMENTS & BUILDINGS CO.
d)
Promoter’s address: ‘---------’,
--address--
It
shall be the duty of the Allottee and the promoter to inform each other of any
change in address subsequent to the execution of this Agreement in the above
address by Registered Post failing which all communications and letters posted
at the above address shall be deemed to have been received by the promoter or
the Allottee, as the case may be.
27.
JOINT ALLOTTEES
That
in case there are Joint Allottees all communications shall be sent by the
Promoter to the Allottee whose name appears first and at the address given by
him/her which shall for all intents and purposes to consider as properly served
on all the Allottees.
28.
GOVERNING LAW
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
for the time being in force.
30.
DISPUTE RESOLUTION
All
or any disputes arising out or touching upon or in relation to the terms and
conditions of this Agreement, including the interpretation and validity of the
terms thereof and the respective rights and obligations of the Parties, shall
be settled amicably by mutual discussion, failing which the same shall be
settled through the adjudicating officer appointed under the Act.
IN WITNESS WHEREOF
parties hereinabove named have set their respective hands and signed this
Agreement for sale at Chennai in the presence of attesting witness, signing as
such on the day first above written.
SCHEDULE - A
J.
Piece and parcel of Land
being owner of the piece and parcel of land being -- Villas measuring -- cents
in S.No.--/-, --.-- cents in S.No.--/---, -- cents in S.No.--/--, -- cents in
S.No.--/--, --.-- cents in S.No.--/---- --.-- cents in S.No.--/--, -- cents in S.No.--/--, --.--- cents in S.No.--/-, --.--- cents in S.No.--/----, --.- cents in S.No.--/--, --.--- cents in
S.No.-- /--, -- cents in S.No.--/-, --
cents in S.No.--/-, -- cents in S.No.--/-, -- cents in S.No.--/-, -- cents in S.No.--/-, -- cents in S.No.--/-, --.-- cents in S.No.--/--, measuring in all
Acre -.--.--- cents (--------- sq.ft), situate at No.--, --------Village, -------, -------
Taluk, ------- District, more fully described in Schedule A hereunder (Said
Land), and the Promoter purchased the same under Sale Deeds dated --/--/----, --/--/----,
--/--/----, --/--/----, --/--/---- and --/--/---- registered as Document Nos.------
of 20--, ------ of 20--, ----- of 20--, ---- of 20--, --- of 20--, and ------
of 20-- respectively in the office of the Sub Registrar, ----------; and
Settlement Deeds dated --/--/---- and --/--/---- registered as Document Nos.-----
of 20-- and ---- of 20-- in the office of the Sub Registrar, -----------------.
SCHEDULE “B”
All
that piece and parcel of land being Plot
No.--, measuring ----- sq.ft.
comprised in S.Nos.--/--
& --/-, in the DTCP Approval No.---- of 20-- dated --/--/----
and proceedings of the ------ Panchayat dated --/--/---- in Sanction No.--/20-- - -- situate at No.--, ------- Village, ------
Taluk, now ----- Taluk ------- District, bounded on the
North
by : Vacant Land of Community Hall.2
South by :Driveway
East by :
Villa Plot No.--
West by :
Villa Plot No.--
together
with ----- sq.ft. undivided shares
in the piece and parcel of land, measuring ------- sq.ft comprised in S.Nos. S.No.--/-, S.No.--/----, S.No.--/--, S.No.--/--, S.No.--/----,
S.No.--/--, S.No.--/--, S.No.--/-,
S.No.--/-----, S.No.--/--, S.No.--/--,
S.No.--/-, S.No.--/-, S.No.--/-, S.No.--/-,
S.No.—7/-- S.No.--/- and S.No.-- /-- situate at No.--, -------- Village, --------,
------ Taluk, now --------- Taluk, -------- District, situate within the Sub Registration District
of ------- and the Registration District of ---------.
SCHEDULE “C”
----- sq.ft. of built up area constructed in the Villa No.--
together with exclusive Balcony, car parking and proportionate share in
constructed common area as per the Sketch enclosed herewith.
SCHEDULE “D”
(Schedule of Payment)
Schedule
of payments to be paid by the Allottee to the Promoter for construction and
delivery of the SCHEDULE “C” PROPERTY:
|
Sl.No./Details of the period of payment |
Amount (Rs.) |
Percentage |
|
1.
At the time of Land
Registration Completion of Foundation Completion
of Concrete Structure
or --/--/20-- whichever is earlier |
Rs. ------------/- |
57.98% |
|
2.
Completion of Wall
Masonry or --/--/20--
whichever is earlier |
Rs. -----------/- |
12.30% |
|
3.
Completion of Plastering or --/--/20-- whichever is earlier |
Rs. -----------/- |
12.30% |
|
4.
Completion of Flooring or --/--/20--
whichever is earlier |
Rs. ------------/- |
8.20% |
|
5.
At the time of Handing Over or --/--/20--
whichever is later |
Rs.-------------/- |
8.20% |
ANNEXURE
(Features of the Villa)
|
a) |
STRUCTURE |
R.C.C.
framed structure with concrete blocks, masonry walls plastered smooth and cement painted |
|
b) |
FLOORING |
Vetrified
flooring with Rs.--/- per sq.ft as basic price. |
|
c) |
JOINERY |
Teak
wood frame with veneer skinned door for main door and country wood frames
with commercial flush shutter for inner doors. UPVC Windows with MS grills
and clear glass shutters |
|
d) |
KITCHEN |
Granite
platform with Carysil or equivalent single bowl sink |
|
e) |
GLAZED TILES |
Up
to Ceiling height in toilets and up to a
height of 2 feet above kitchen platform. |
|
f) |
WARDROBES |
In
bedrooms with open masonry, without shelves. |
|
g) |
PLUMBING AND SANITATION |
G.I./PVC
water lines and P.V.C waste water and
soil lines. Sump capacity – 6000 litres, 6
inches Bore well up to 60-100 feet
depth depending on the site condition, single over head tank capacity 1000
litres, septic tank capacity 1200 litres and leach pit capacity – 2000 litres |
|
h) |
SANITARY FITTINGS |
White
Sanitary Fittings. |
|
i) |
ELECTRICAL FITTINGS |
Concealed
PVC Conduit wirings with necessary
service points. PVC Conduits
for T.V. antenna and telephone. |
IN
WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS AND SIGNED THEIR NAMES
ON THIS CONSTRUCTION AGREEMENT ON ---th
DAY OF --------, 20--.
ALLOTTEE PROMOTER
WITNESSES:
1.
2.
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