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(Authoritative English text of this Department Notification No. TCP-A(3)-1/2016- Loose dated 28-09-2017 as required under clause (3) of arti

rules · 2016 · State unknown

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Parent: The Real Estate (Regulation and Development) Act, 2016. (2016) (5d73f769bab287bc9d9fbab2632d34a0b3163e2a)

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(Authoritative English text of this Department Notification No. TCP-A(3)-1/2016- Loose dated 28-09-2017 as required under clause (3) of article 348 of the Constitution of India) GOVERNMENT OF HIMACHAL PRADESH TOWN AND COUNTRY PLANNING DEPARTMENT NO.TCP-A(3)-1/2016-loose Dated; Shimla-2, 28-09-2017 NOTIFICATION In exercise of the powers conferred by section 84 of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016), the Governor of Himachal Pradesh is pleased to make the following rules for carrying out the purposes of the Act, namely: SCHAPTER [ PRELIMINARY 1 Short title and Commencement: These rules may be called the Himachal Pradesh Real Estate (Regulation and Development) Rules, 2017. (2) They shall come into force from the date of their publication in the Official Gazette. 2_ Definitions.- (1) In these rules, unless the context otherwise requires; (a) ~Act" means the Real Estate (Regulation and Development) Act; 2016 (No. 16 of 2016); association of allottees" means a collective of the allottees of a real estate project; by whatever name called, registered under any law for the time being in force, acting as a group to serve the cause of its members, and shall include the authorised representatives of the allottees; authenticated copy" means a self-attested copy of any document; ~Form' means a Form appended to these rules; "Government" or "State Government" means the Government of Himachal Pradesh: "section means a section of the Act: Words and expressions used herein but not defined in these rules, shall have the same meanings as have been assigned to them in the Act. CHAPTER II REAL ESTATE PROJECT 3 Information and documents to be furnished by promoter for registration of real estate project:-(1) Every promoter shall furnish the following inform

Rule TOC

3 · Information and documents to be furnished by promoter for registration of real estate project:-(1) Every promoter shall furnish the following information and documents, alongwith those specified under section 4 of the Act; for registration of the project with the Authority, namely: - (a) authenticated copy of the PAN card of the promoter; b annual report including audited profit and loss account, balance sheet, cash flow statement; directors report and the auditors report of the promoter for the immediately preceding three financial years; and where annual report is not available, the audited profit and lost account; balance sheet; cash flow statement and the auditors report of the promoter for the immediately preceding three financial years; Or as case may be the number of open parking areas and the number of covered parking areas available in the real estate project; authenticated copy of the legal title deed reflecting the title of the promoter to the land on which development of project is proposed along with legally valid documents for claim of title with authentication of such title; details of encumbrances on the land on which development of project is proposed including details of any rights, title, interest; dues, mortgage litigation in Revenue Courts and name of party in O over such land o non encumbrance certificate from an advocate having experience of atleast ten years Or from the revenue authority not below the rank of Tehsildar/ Naib Tehsildar; as the case may be; where the promoter is not the owner of the land on which development of project is proposed details of the consent of the owner of the land along with a copy of the collaboration agreement; development agreement, joint development agreement O any other agreement, as the case may be, entered into between the promoter and such owner and copies of title and other documents reflecting the title of such owner o the land on which project is proposed to be developed; name, photograph, contact details and address of the promoter if it is an individual and the name, photograph, contact details and address of the chairman, partners, directors, as the case may be, and the authorised person in case of other entities
3 · The promoter shall pay a registration fee at the time of application for registration by way of a demand draft or through online payment mode, as the case may be, for a sum calculated at the rate of, (a) in case of group housing project,- two rupees per square meter for project land (excluding area under roads, paths and other civic amenities _ where the area of land proposed to be developed does not exceed 2500 square meters; O rupees five per square meter for projects where the area of land proposed to be developed exceeds 2500 square meters (excluding area under roads, paths and other civic amenities), but shall not be more than five lakhs rupees; in case of mixed development (residential and commercial) project; five rupees per square meter for project land where the area of land proposed to be developed does not exceed 2500 square meters (excluding area under roads, paths and other civic amenities ); o ten rupees per square meter for projects where the area of land proposed to be developed exceeds 2500 square meters (excluding area under roads, paths and other civic amenities), but shall not be more than seven lakhs rupees; in case of commercial projectss- ten rupees per square meter for project land where the area of land proposed to be developed does not exceed 2500 square meters (excluding area under roads, paths and other civic amenities ); 0 fifteen rupees per square meter for projects where the area of land proposed to be developed exceeds 2500 square meters (excluding area under roads, paths and other civic amenities), but shall not be more than ten lakhs rupees; in case of plotted development projects - two rupees per square meter of project land (excluding area under roads, paths and other civic amenities), but shall not be more than two lakhs rupees.
4 · Additional disclosure by the promoters of ongoing projects.-(1)The promoter of an ongoing project which has not received completion certificate shall make an application to the Authority as provided in rule 3.
5 · Grant or rejection of registration of project:-(1) Upon the registration of a project as per section 5_ the Authority shall issue a registration certificate with a registration number in Form 'C to the promoter: In case of rejection of the application as per section $, the Authority shall inform the applicant in Form D' _
8 · Application for registration by the real estate agents -(1) Every real estate agent required to register as per sub-section (2) of section 9 shall make an application in writing to the Authority in Form 'G' , until the application procedure is made web based, along with the following documents, namely: the brief details of his enterprise including its name, registered address, type of enterprise (proprietorship, societies, partnership, company etc.); the particulars of registration (whether as a proprietorship, partnership, company, society etc ) including the Bye-laws, Memorandum Of Association (MOA) and Articles Of Association (AOA) etc. as the case may be; name, address, contact details and photograph of the real estate agent; if it is an individual and the name, address, contact details and photograph of the partners, directors etc. in case of other entities; the authenticated copy of the PAN card of the real estate agent; the authenticated copy of the address proof = of the place of business.
10 · Renewal of registration of real estate agents.-(1) The registration granted to a real estate agent under the Act; may be renewed, on an application made by the real estate agent in Form *J , which shall not be less than three months prior to the expiry of the registration granted: The application for renewal of registration shall be accompanied with a demand draft or through online payment, as the case may be, for a sum of rupees two thousand and five hundred in case of the real estate agent being an individual or rupees ten thousand in case of the real estate agent other than an individual.
11 · Revocation of registration of real estate agents.-The Authority may, due to reasons specified under sub-section (7) of section 9 revoke the registration granted to the real estate agent or renewal thereof; as the case may be, and intimate the real estate agent of such revocation in Form `T .
12 · Books of accounts, records and documents.-The real estate agent shall maintain and preserve its books of account, records and documents in accordance with the provisions of the Income Tax Act, 1961 (43 of 1961) and the rules made thereunder.
13 · Other functions of a real estate agents.-The real estate agent shall provide assistance to enable the allottee and promoter to exercise their respective rights and fulfil their respective obligations at the time of booking and sale of any plot, apartment or building, as the case may be.
14 ·
15 · Interest payable by promoter and allottee: The rate of interest payable by the promoter to the allottee or by the allottee to the promoter, as the case may be, shall be the State Bank of India highest Marginal Cost of Lending Rate plus two per cent as mentioned under section 12,18 and 19 of the Act:
16 · Timelines for refund. _ Any refund of monies along with the applicable interest and compensation, if any, payable by the promoter in terms of the Act or the rules and regulations made thereunder; shall be payable by the promoter to the allottee within sixty days from the date on which such refund along with applicable interest and compensation, as the case may be, becomes due.
17 · Agreement for sale,-(1) For the purpose of sub-section (2) of section 13 of the Act; the agreement for sale shall be in the form as per Form ' .
3 · The Selection Committee shall select two persons for each vacancy and recommend the same to the State Government:
19 · Salary and allowances payable and other terms and conditions of service of Chairperson and other Members of Authority:-(1) The salaries and allowances payable to the Chairperson and other Members of the Authority shall be as specified by way of notification by the State Government: 2 The Chairperson and other Member shall be entitled to thirty days of earned leave for every completed year of service.
20 · Administrative powers of the Chairman of the Authority - (1) The Chairman of the Authority with prior approval of the State Government shall exercise the administrative powers in respect of-
21 · Salary and allowances payable to and the other terms and conditions of service of the officers and of the employees of the Authority - The conditions of service of the officers and employees of the Authority in the matter of pay, allowances, leave, joining time, joining time pay, age of superannuation and other conditions of service, shall be regulated in accordance with such rules and regulations as are, from time to time, applicable to officers and employees of the State Government and drawing the corresponding scales of pay:
22 · Recovery of interest, penalty and compensation.-The recovery of the amounts due such as interest, penalty or compensation shall be recovered as arrears of land revenue in the manner provided under applicable local laws
23 · Filing of complaint with the Authority and inquiry by Authority.-(1) Any aggrieved person may file a complaint with the Authority for any violation under the Act or the rules and regulations made thereunder, save as those provided to be adjudicated by the adjudicating officer; in Form 'M' , which shall be accompanied by a fees of rupees five hundred in the form of a demand draft or in favour of Authority and payable at the branch of that bank at the station where the seat of the said Authority is situated O1 through online payment, as the case may be.
24 · Appeal and the fees payable:-(1) Every appeal filed under sub-section (1) of section 44 shall be accompanied by a fees of rupees one thousand in the form of a demand draft in favour of the Appellate Tribunal and payable at the branch of that Bank at the station where the seat of the said Appellate Tribunal is situated or through online payment, as the case may be. 2) Every appeal shall be filed in Form 'N> along with the following documents, namely: - a true copy of the order against which the appeal is filed; copies of the documents relied upon by the appellant and referred to in the appeal; and an index of the documents. (3) Every appeal shall be either filed at the filing counter of the Registry of the Appellate Tribunal o through a registered post or through online system;
25 · Selection of Members of Appellate Tribunal - (1) As and when vacancy of a Member in the Appellate Tribunal exists or arises, or is likely to arise, the State Government may make a reference to the Selection Committee in respect of the vacancy to be filled. a_ The Selection Committee may, for the purpose of selection of the Member of the Appellate Tribunal, follow such procedure as deemed fit including the appointment of Search Committee consisting of such persons as the Selection Committee considers appropriate to suggest a panel of names for appointment as Member of the Appellate Tribunal. b_ The Selection Committee shall select two persons for each vacancy and recommend the same to the State Government. C The Selection Committee shall make its recommendation to the State Government within period of sixty days from the date of reference made under sub-rule (1). d. The State Government shall within thirty days from the date of the receipt of the recommendation by the Selection Committee, appoint one of the two persons recommended by the Selection Committee for the vacancy of the Member:
26 · Salary and allowances payable and other terms and conditions of service of Chairperson and Members of Appellate Tribunal.-(1) The salaries and allowances payable to the Chairperson and Members of the Appellate Tribunal shall be as specified by way of notification by the State Government:
2 · The Chairperson and every other Member shall be entitled to thirty days of earned leave for every completed year of service.
27 · Inquiry of the charges against Chairperson or Member of Authority 0r Appellate Tribunal-(1) The State Government shall on the occurrence of any of the circumstances specified sub-section (1) of section 49 in case of a Chairperson or Member of the Appellate Tribunal, either on receipt of a complaint in this regard or suo motu, as the case may be, make a preliminary scrutiny with respect to such charges against the Chairperson or any Member of the Authority or Appellate Tribunal, as the case may be.
28 ·
29 · Administrative powers of the Chairperson of the Appellate Tribunal -
30 ·
2 · The promoter; allottee or real estate agent; as the case may be, shall comply with the orders of the Authority or the Appellate Tribunal, within the period specified by the court, which shall not be more than thirty days from the date of compounding of the offence.
31 ·
1 · The requisite particulars are as under:-
2 · [IWe] enclose the following documents, namely: -
3 · [IWe] enclose the following additional documents and information regarding ongoing projects, as required under rule 4, and under other provisions of the Act or the rules and regulations made thereunder, namely:
5 · In case of plotted development, the promoter shall disclose the area of the plot being sold to the allottees as per the layout plan:
1 · That [I promoter] [have has] legal title to the land on which the development of the project is proposed. OR [have/has] a legal title to the land on which the development of the proposed project is to be carried out and a legally valid authentication of title of such land along with an authenticated copy of the agreement between such owner and promoter for development of the real estate project is enclosed herewith.
2 · That the said land is free from all encumbrances. OR That details of encumbrances_ including details of any rights, title, interest; dues, litigation and name of any party in or over such land.
3 · That the time period within which the project shall be completed by [me the promoter] is_
4 · That seventy percent of the amounts realised by [me the promoter] for the real estate project from the allottees, from time to time, shall be deposited in a separate account to be maintained in a scheduled bank to cover the cost of construction and the land cost and shall be used only for that purpose. 5 . That the amounts from the separate account, to cover the cost of the project; shall be withdrawn by [me the promoter] in proportion to the percentage of completion of the project.
6 · That the amounts from the separate account shall be withdrawn by [me the promoter] after it is certified by an engineer, an architect and a chartered accountant in practice that the withdrawal is in proportion to the percentage of completion of the project: 7_ That [I the promoter] shall get the accounts audited within six months after the end of every financial year by a chartered accountant in practice, and shall produce a statement of accounts duly certified and signed by such chartered accountant and it shall be verified during the audit that the amounts collected for a particular project have been utilised for the project and the withdrawal has been in compliance with the proportion to the percentage of completion of the project. 8. That [I the promoter] shall take all the pending approvals o time, from the competent authorities. 9_ That [I the promoter] [have has] furnished such other documents as have been prescribed by the Act and the rules and regulations made there under: 10. That [I the promoter] shall not discriminate against any allottee at the time of allotment of any apartment; plot o building; as the case may be
1 · [In the case of an individual] Sh /Smt: of Sh Village/Town_ State_ OR
2 · Namelstyle of the project: 3_ Licence No. issued by the Competent Authority. Validity of licence. 4 This registration is granted subject to the following conditions, namely:
5 · If the above mentioned conditions are not fulfilled by the promoter; the Authority may take necessary action against the promoter including revoking the registration granted herein, as per the Act and under the rules and regulations made thereunder:
1 · . The requisite particulars are as under: -
3 · [IWe] enclose the following documents along with, namely:-
4 · [IWe] solemnly affirm and declare that the particulars given in herein are correct to [my /our] knowledge and belief and nothing material has been concealed by [melus] there from:
1 · This registration is granted under section 9 with registration certificate bearing No. to
2 · This registration is granted subject to the following conditions, namely:- The real estate agent shall not facilitate the sale O purchase of any plot; apartment or building, as the case may be; in a real estate project O part of it, being sold by the promoter which is required but not registered with the Authority; (ii) The real estate agent shall maintain and preserve such books of account,
3 · .
4 · If the above mentioned conditions are not fulfilled by the real estate agent, the Authority may take necessary action against the real estate agent including revoking the registration granted herein, as per the Act and the rules and regulations made thereunder.
1 · As required [I/We] submit the following documents and information, namely: - A demand draft no_ dated for rupees_ in favour of drawn on bank as renewal fee as per sub-rule (2) of rule 10 or through online payment as the case may be_ (give details of online payment such as date paid, transaction no. etc.);
2 · [IWe] solemnly affirm and declare that the particulars given in herein are correct to [my /our] knowledge and belief and nothing material has been concealed by [melus] therefrom:
1 · This renewal of registration is granted under section 9 to [in the case of an individual] Mr MMs. [Mr.MMs: Tehsil_ State/Union Territory
2 · This renewal of registration is granted subject to the following conditions, namely:-
4 · If the above mentioned conditions are not fulfilled by the real estate agent, the Authority may take necessary action against the real estate agent including revoking the registration granted herein, as per the Act and the rules and regulations made thereunder.
1 · . Vide G.S.R 1026 (E), dated 31 October; 2016, published on the Gazette of India, Extra, Pt.II, Sec. 3(i), No. 760, dated 31 st October; 2016. 2 . Came into force on 31.10.2016.
1 · TERMS: 1.1 Subject to the terms and conditions as detailed in this Agreement, the Promoter agrees to sell to the Allottee and the Allottee hereby agrees to purchase, the [Apartment [Plot] as specified in para G.
1 · 2 The Total Price for the [Apartment /Plot based on the carpet area is Rs. (Rupees_ only (Total Price") (Give break up and description): Block/Building/Tower no Rate of Apartment per Apartment no_ square feet* Type_ Floor
1 · 4 The Allottee(s) shall make the payment as per the payment plan set out in Schedule € (Payment Plan").
1 · 5 The Promoter may allow, in its sole discretion; a rebate for early
1 · 6 It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described herein at Schedule D and Schedule E' (which shall be in conformity with the advertisement; prospectus etc on the basis of which sale is effected) in respect of the apartment; plot o building; as the case may be; without the previous written consent of the Allottee aS per the provisions of the Act Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act:
1 · 7 [Applicable in case of an apartment] The Promoter shall confirm to the final carpet area that has been allotted to the Allottee after the construction of the building is complete and the occupancy certificate Or such other certificate by whatever name called/ issued by the competent authority is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter: If there is reduction in the carpet area then the Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate prescribed in the Rules, from the date when such in excess amount was paid by the Allottee: If there is any increase in the carpet area, which is not more than three percent of the carpet area of the apartment, allotted to Allottee, the Promoter may demand that from the Allottee as per the next milestone of the Payment Plan as provided in Schedule C. All these monetary adjustments shall be made at the same rate per square feet as agreed in para 1.2 of this Agreement.
1 · 8 Subject to para 9.3 the Promoter agrees and acknowledges, the Allottee shall have the right to the [Apartment Plot] as mentioned below:
1 · 9 It is made clear by the Promoter and the Allottee agrees that the [Apartmentl Plot] along with_ garage covered parking shall be treated as a single indivisible unit for all purposes. It is agreed that the Project is an independent, self-contained Project covering the said Land and is not a part of any other project Or zone and shall not form a part of and or linked combined with any other project in its vicinity or otherwise except for the purpose of integration of infrastructure for the benefit of the Allottee. It is clarifies that Project's facilities and amenities shall be available only for use and enjoyment of the Allottees of the Project:
1 · 10 The Promoter agrees to pay all outgoings before transferring the physical possession of the apartment to the Allottees, which it has collected from the Allottees, for the payment of outgoings (including land cost; ground rent, municipal Or other local taxes, charges for water Or electricity, maintenance charges, including mortgage loan and interest 0 mortgages or other encumbrances and such other liabilities payable to competent authorities, banks and financial institutions, which are related to the project). If the Promoter fails to pay all or any of the outgoings collected by it from the Allottees or any liability, mortgage loan and interest thereon before transferring the apartment to the Allottees, the Promoter agrees to the liable, even after the transfer of the property, to pay such outgoings and penal charges, if any, to the authority or person to whom they are payable and be liable for the cost of any legal proceedings which may be taken therefore by such authority O person.
1 · 11 The Allottee has paid a sum of Rs. (Rupees only as booking amount being part payment towards the Total Price of the [Apartment Plot] at the time of application the receipt of which the Promoter hereby acknowledges and the Allottee hereby agrees to pay the remaining price of the [Apartment Plot} as prescribed in the payment Plan [Schedule C] as may be demanded by the Promoter within the time and in the manner specified therein:
2 · MODE OF PAYMENT:
3 · COMPLIANCE OF LAWS RELATING TO REMITTANCES:
3 · 1 The Allottee, if resident outside India, shall be solely responsible for complying with the necessary formalities as laid down in the Foreign Exchange Management Act; 1999, the Reserve Bank of India Act, 1934 and the 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 fulfil 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 the Foreign Exchange Management Act; 1999 or the 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; helshe may be liable for any action under the Foreign Exchange Management Act; 1999 O other laws as applicable, as amended from time to time.
3 · 2 The Promoter accepts no responsibility in regard to matter specified in para 3.1 above. The Allottee shall keep the Promoter fully indemnified and harmless in this regard. Whenever there is any change in the residential
5 · TIME IS ESSENCE:
7 · POSSESSION OF THE APARTMENT PLOT:
7 · 1 Schedule for possession of the said [Apartment Plot] The Promoter agrees and understands that timely delivery of possession of the [ Apartment
7 · 2 Procedure for taking possession The Promoter, upon obtaining the occupancy certificate or such other certificate by whatever name called/ issued by the competent authority from the competent authority shall offer in writing the possession of the [Apartment Plot], to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that; in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]: The Promoter agrees and undertakes to indemnify and Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoterl association of allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment plot, as the case may be, to the allottee at the time of conveyance of the same
7 · 3 Failure of Allottee to take Possession of [Apartment Plot] Upon receiving a written intimation from the Promoter as per para 7.2 the Allottee shall take possession of the [Apartment Plot] 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 [Apartment Plot] to the allottee. In case the Allottee fails
7 · 4 Possession by the Allottee After obtaining the occupancy certificate O such other certificate by whatever name called/ issued by the competent authority and handing over physical possession of the [Apartmentl Plot to the Allottees, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of Allottees or the competent authority, as the case may be, aS per the local laws. [Provided that; in the absence of any local law, the promoter shall handover the necessary documents and plans, including common areas, to the association of allottees or the competent authority, as the case may be, within thirty days after obtaining the completion certificate]:
7 · 5 Cancellation by Allottee- The Allottee shall have the right to cancell withdraw his allotment in the Project as provided in the Act:
7 · 6 Compensation - The Promoter shall compensate the Allottee in case of any loss caused to him due to defective title of the lan; on which the project is being developed or has been developed, in the manner as provided under the Act and the claim for interest and compensation under this provision shall not be barred by limitation provided under any law for the time being in force. Except for occurrence of a Force Majeure event, if the promoter fails to complete or is unable to give possession of the [Apartment Plot]:
8 · REPRESENTATIONS AND WARRANTIES OF THE PROMOTER
9 · EVENTS OF DEFAULTS AND CONSEQUENCES:
9 · 1 Subject to the Force Majeure clause, the Promoter shall be considered under a condition of Default; in the following events:
9 · 2 In case of Default by Promoter under the conditions listed above, Allottee is entitled to the following:
9 · 3 The Allottee shall be considered under a condition of Default; on the occurrence of the following events:
10 · CONVEYANCE OF THE SAID APARTMENT:
11 · MAINTENANCE OF THE SAID BUILDING/ APARTMENT PROJECT:
12 · DEFECT LIABILITY:
13 · RIGHT TO ENTER THE APARTMENT FOR REPAIRS:
14 · USAGE:
15 · GENERAL COMPLIANCE WITH RESPECT TO THE APARTMENT:
15 · 1 Subject to para 12 above, the Allottee shall, after taking possession, be solely responsible to maintain the [Apartment Plot] at hishher own cost; in good repair and condition and shall not do Or suffer to be done anything in to the building or the [Apartment Plot], of the staircases, lifts, common passages, corridors, circulation areas, atrium o the compound which may be in violation of any laws 0 rules of any authority O change 0 alter to make additions to the [Apartment Plot] and keep the [Apartment Plot], its walls and partitions, sewers, drains, pipe and appurtenances thereto or belonging thereto, in good and
15 · 2 The Allottee further undertakes, assures and guarantees that hel she would not put any sign-board name-plate, neon light, publicity material or advertisement material etc. on the face facade of the Building o anywhere on the exterior of the Project; buildings therein or Common Areas. The Allottees shall also not change the colour scheme of the outer walls o painting of the exterior side of the windows Or carry out any change in the exterior elevation Or design. Further the Allottee shall not store any hazardous O combustible goods in the [Apartment Plot] or place any heavy material in the common passage Or staircase of the Building: The Allottee shall also not remove any wall, including the outer and load bearing wall of the [Apartment Plot]:
15 · 3 The Allottee shall plan and distribute its electrical load in conformity with the electrical system installed by the Promoter and thereafter the association of allottees and or maintenance agency appointed by association of allottees. The Allottee shall be responsible for any lose or damages arising out of breach of any of the aforesaid conditions.
16 ·
17 ·
18 · PROMOTER SHALL NOT MORTAGAGE OR CREAT A CHARGE:
19 · APARTMENT OWNERSHIP ACT (OF THE RELEVANT STATE):
20 · BINDING EFFECT:
21 · 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 apartment plot / building, as the case may be
22 · RIGHT TO AMEND: This Agreement may only be amended through written consent of the Parties.
23 · PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE/ SUBSEQUENT ALLOTTEES: It is clearly understood and s0 agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the [Apartment Plot] and the Project shall equally be applicable to and enforceable against and by any subsequent Allottees of the [Apartment Plot], in case of a transfer; as the said obligations go along with [Apartment Plot] for all intents and purposes.
24 · WAIVER NOT A LIMITATION TO ENFORCE:
24 · 1 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
24 · 2 Failure on the part of the Parties to enforce at any time or for any period of time the provision hereof shall not be construed to be a waiver of any provisions OT of the right thereafter to enforce each and every provision:
25 · SEVERABILITY
26 · METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT:
27 · FURTHER ASSURANCES:
28 · PLACE OF EXECUTION:
29 · NOTICES:
30 · 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.
31 · SAVINGS: Any application letter, allotment letter, agreement; or any other document signed by the allottee, in respect of the apartment, plot or building, as the case may be prior to the execution and registration of this Agreement for Sale for such apartment, plot o building as the case may be, shall not be construed to limit the rights and interests of the allottee under the Agreement for Sale or under the Act or the rules or the regulations made thereunder:
32 · 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 Act and the Rules and Regulations made thereunder including other applicable laws of India for the time being in force.
33 · DISPUTE RESOLUTION: AlL or any disputes arising out o touching upon O 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
2 · Particulars of the respondents: (i) Name(s) of respondent: (ii) Office address of the respondent: (iii) Address for service of all notices: (iv) Contact Details (Phone number; e-mail, Fax Number etc.):
3 · . Jurisdiction of the Authority: The complainant declares that the subject matter of the claim falls within the jurisdiction of the Authority:
4 · Facts of the case:
5 · Relief(s) sought: In view of the facts mentioned in paragraph 4 above, the complainant prays for the following reliefls)
6 · Interim order; if prayed for: Pending final decision on the complaint the complainant seeks issue of the following interim order: [Give here the nature of the interim order prayed for with reasons]
7 · Complainant not pending with any other court, etc:: The complainant further declares that the matter regarding which this complaint has been made is not pending before any court of law or any other authority O any other tribunal(s).
8 · Particulars of [demand draft bankers cheque or online payment] in respect of the fee in terms of sub-rule (1) of rule 31: Amount (ii) Name of the bank on which drawn (iii) [Demand draft number bankers cheque online payment transaction no
9 · List of enclosures: (i) Copies of the documents relied upon by the complainant and referred to in the complaint (ii) An index of documents (iii) Other documents as annexed along with the complaint Signature of the complainant(s) Verification
1 · Particulars of the appellants: (i) Name(s) of the appellant: (ii) Address of the existing office residence of the appellant: (iii) Address for service of all notices: (iv) Contact Details (Phone number; e-mail, Fax Number etc.):
3 · Jurisdiction of the Appellate Tribunal: The appellant declares that the subject matter of the appeal falls within the
4 · Limitation: The appellant declares that the appeal is within the limitation specified in sub- section (2) of section 44 OR If the appeal is filed after the expiry of the limitation period specified under sub- section (2) of section 44 specify reasons for delay
5 · Facts of the case: (give a concise statement of facts and grounds of appeal against the specific order of the Authority o the adjudicating officer, as the case may be, passed under section(s) or rule(s) or regulation(s)
6 · Relief(s) sought: In view of the facts mentioned in paragraph 5 above, the appellant prays for the following reliefls) [Specify below the relief(s) sought explaining the grounds of relief(s) and the legal provisions (if any) relied upon]
7 · . Interim order, if prayed for: Pending final decision on the appeal the appellant seeks issue of the following interim order: [Give here the nature of the interim order prayed for with reasons]
9 · Particulars of [demand draft bankers cheque or online payment] in respect of the fee in terms of sub-rule (1) of rule 23: Amount: (ii) Name of the bank on which drawn: (iii) [Demand draft number bankers cheque online payment transaction no]:
10 · List of enclosures: 1) An attested true copy of the order against which the appeal is filed (ii) Copies of the documents relied upon by the appellant and referred to in the appeal (iii) An index of the documents (iv) Other documents as annexed along with the complaint
2 · Every appeal shall be presented along with an empty file size envelope bearing full address of the respondent and where the number of respondents are more than one, then sufficient number of extra empty file size envelopes bearing full address of each respondent shall be furnished by the party preferring the appeal.
1 · _ Particulars of the complainant(s): (i) Name(s) of the complainant: (ii) Address of the existing office residence of the complainant: (iii) Address for service of all notices: (iv) Contact Details (Phone number; e-mail, Fax Number etc.): Details of allottees apartment, plot or building, as the case may be:
2 · Particulars of the respondents: (i) Name(s) of respondent: (ii) Office address of the respondent: (iii) Address for service of all notices: (iv) Contact Details (Phone number; e-mail, Fax Number etc.): Registration no_ and address of project:
3 · . Jurisdiction of the adjudicating officer: The complainant declares that the subject matter of the claim falls within the jurisdiction of the adjudicating officer:
4 · Facts of the case: [give a concise statement of facts and grounds of claim against the promoter]
5 · Compensation(s) sought: In view of the facts mentioned in paragraph 4 above, the complainant prays for the following compensation(s [Specify below the compensation(s) claimed explaining the grounds of claim(s) and the legal provisions (if any) relied upon]
7 · Particulars of [demand draft bankers cheque or online payment] in respect of the fee in terms of sub-rule (1) of rule 31 Amount: (ii) Name of the bank on which drawn: (iii) [Demand draft number bankers cheque online payment transaction no]:
4 · | 5 | 6 | 7 |
0 · Experts and consultants engaged: details of number of experts and consultants appointed in the year and of those who demitted office.