1. The applicant has applied for the registration of the commercial unit, shop, Showroom and Office with knowledge and subject to all the laws, notifications and rules applicable to this area, and this project which have been explained by the developer and understood by him.
2. The applicant has fully satisfied himself about the interest and title of the developer in the said land and understands all limitations and obligations in respect of it, and there are no objections by the intending applicant in this respect.
3. The applicant has accepted the plans, designs, specifications hereby agree that the developer may affect such variations, additions, alterations, deletions and modifications therein as it may, without any prior notice to applicant and in its sole discretion deem appropriate and fit, or as may be done by any competent authority and the intending applicant hereby gives consent for such variations / addition / alteration / deletion and modifications and the developer shall be entitled to do so without any objection or claim from the applicant.
4. Company Can Change the Plan, Layout & unit if required.
5. The Applicant is fully satisfied with the title of the land in the name of the Licensee Company in the Project where the plot is located. Further, the Applicant has examined and is satisfied with the nature of rights, titled and interest of the Licensee Company in the project, which is being developed by the Licensee Company as per the applicable laws. The applicant agrees and accepts to abide by the terms and conditions of all the permissions, sanctions, directions etc. issued by DTCP and/or by any other competent authorities in this regard to the Licensee Company.
6. The Applicant has inspected the site where the Plot is proposed to be allotted. The Applicant has not merely rely or be influenced by any architect's plan, sales plan, sales brochures, advertisement, representations, warrantees, statements or estimates of any nature whatsoever, whether written or oral, made by the Licensee Company and has made his personal judgment prior to booking the Plot.
7. The Applicant shall before taking the possession of the Plot, clear all the dues towards the Plot and have the conveyance deed for plot executed before the concerned sub registrar office in his favour by the Licensee Company after paying applicable stamp duty, registration fee and other charges/expenses. Decision of the Licensee Company shall be final in this regard.
8. The Applicant undertakes to abide by all applicable laws, bye laws, rules and regulations including the Real Estate Regulations and Development Act 2016 ("RERA Act") and the rules framed thereunder.
9. The Applicant may avail loans from financial institutions to finance the plot. However, if a particular financing institution or bank refuses to extend financial assistance on any ground, the Applicant shall not make such refusal an excuse for non-payment of further instalments/ dues. In case there is delay in processing the loan in favour of the Applicant due to any reason what-so-ever and consequently payments of instalments are delayed by the Applicant to the Licensee Company the Applicant agrees and accepts to make the payment of accrued interest to the Licensee Company, unconditionally or the company can cancel the plot and forfeit the booking amount of 10% on its own discretion.
10. The Applicant, on becoming an allotee in the manner as provided in this Application, shall be liable to pay the "Total Price" for the Plot based on its area as per attached Payment Plan towards the total cost of Plot Rupees......... ..............only ("Total Price") The Total Price above includes the Booking Amount paid by the Applicant to the Licensee Company towards the aforesaid Plot.
11. The Total Price above includes the Booking Amount paid by the Applicant to the Licensee Company towards the aforesaid Plot.
12. At the outset, it is clarified by the Licensee Company that after allotment of the Plot in favour of the applicant, all retrospective/prospective fees/taxes/charges/demands, etc., if any, charged/demanded/paid by Licensee Company by virtue of any order/circular etc. by the Government or Court, it shall be fully recoverable from the Applicant/Allottee on actual basis. Further, in case there is any change or modification in the rate of any applicable taxes/fees/charges/levies etc., the subsequent amount payable by the Applicant/Allottee to the Licensee Company shall be increased or decreased based on such change or modification. Provided further that GST is applicable on interest, late fees and penalty on delayed payment. Pursuant to foregoing, interest, late fees and penalty on delayed payment, along with GST applicable thereon will be computed as and when the Applicant will make such payments to the Licensee Company on account of delayed payment. The Licensee Company shall periodically intimate, in writing, to the Applicant, the amount payable as stated above, and the Applicant, shall make payment demanded by the Licensee Company within the time and in the manner specified therein. In addition, the Licensee Company shall provide to the Applicant, the details of the taxes/fees/charges/levies etc. paid or demanded along with the acts/rules/notifications together with dates from which such taxes/fees/charges/ levies etc. have been imposed or become effective.
13. The Total Price of the Plot includes recovery of price of land and other charges as described by the Licensee Company in Schedule I of this Application. Any additional payment made by the Licensee Company over and above the same shall be attributed to the Applicant and recoverable from him as part of the Total Price.
14. The Total Price is escalation free, save and except increases which the Applicant 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. The Licensee Company undertakes and agrees that while raising a demand on the Applicant for increase in development charges, cost/charges impose by the competent authorities, the Licensee Company shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Applicant which shall only be applicable on subsequent payments. Provided that if there is any new imposition or increase of any development charges after the expiry of the scheduled date of completion of the Project for the aforesaid Plot/as per registration with the competent authority, which shall include the extension of the registration, if any, granted to the said Plot/by the competent authority, as per applicable laws, the same shall not be chargeable from the Applicant.
15. The Applicant has to deposit payment of the Total Price which includes amount paid along with the Application as per the agreed payment plan. Any default in payment by the Applicant shall attract an interest @10% or MCLR (Marginal Cost of Lending Rate) +2% or as may be defined in HRERA rules from time to time computed on and from the due date or prescribed under the policy. The Applicant(s) shall make all payment only through cheques/demand drafts and any other mode as approved by department issued in favour of company. The Applicant must specify their name, address and project name on the back side of cheque/demand draft accept by the Licensee Company and the Licensee Company shall be deemed to have accepted such cheque/demand draft, subject to their realization.
16. Subject to Force Majeure circumstances, receipt of Completion Certificate/ Part Completion Certificate and Allottee having timely complied with all its obligations, formalities or documentation, as prescribed by the Licensee Company in terms of this Application Form, Allotment Letter or Agreement and not being in default under any part hereof including but not limited to the timely payment of installments as per the Payment Plan, stamp duty and registration charges, the Licensee Company shall offer possession of the Said Plot to the Allottee by July 2029. Upon receipt of the Part Completion Certificate in respect of the Plot, the company shall issue a written notice offering the possession of the Plot ("Possession Notice"), to the Applicant to be taken within three months from the date of above approval in terms of the Agreement. Upon receiving the Possession Notice from the Licensee Company, the Applicant shall take possession of Plot/from the Licensee Company by executing necessary indemnities, undertakings and such other documentation as prescribed in the Agreement, and the Licensee Company shall give possession of the Plot to the Applicant. In case the Applicant fails to take possession within the time provided in the Possession Notice, such Applicant continue to be liable to pay maintenance charges and holding charges in terms of the Agreement.
17. The Licensee Company reserve its right to immediately terminate or suspend the allotment of unit with/ without any advance notice, if the allottee is found to be involved in or participating in violation of the Anti-money Laundering Laws (laws pertaining to the prevention of money laundering, and the rules/ regulations thereunder and guideline issued by competent Government Authority).
18. The Plot shall be used only for residential purpose by the Applicant after handing over the possession of the Plot by the Licensee Company, the Applicant shall himself be responsible for construction of his house thereof as per the applicable laws and approved norms from the appropriate authority. Applicant shall never make any changes in said plot and common area without prior permission of the appropriate authority.
19. The Applicant shall be entitled only to the area of Plot. Applicant shall not keep any material in the common areas of the Project except as pe the applicable laws in this regard. Applicant shall be entitled to use the common areas of the project along with other allottees for such purpose for which such common areas have been developed.
20. The Applicant shall have no objection in case the Licensee Company creates a charge on the Project land during/prior to the execution of the course of development of the project by raising loan from any bank/financial institution. In the event any loan facility has been availed by the Allottee, the Conveyance Deed shall be executed only upon receipt of the no-objection certificate from such bank/financial institution/entity.
21. All payments are to be made by A/c payee Cheque/Banker's Cheque/Pay order/Demand Draft payable at Gurugram only or through electronic transfer mode (as permissible under applicable law) drawn in favour of/to the account of "M/S CELLULAR CONSULTANTS PRIVATE LIMITED". The Application would be considered for provisional allotment subject to realization of the booking amount. The date of clearing of the instrument/receipt through permissible electronic transfer mode shall be deemed to be the date of payment. Bank charge for outstation cheques shall be to the Applicant's account and credit shall be granted from the date of actual receipt of funds.
22. The Allotment shall be valid only subject to clearance of amounts tendered by the Applicant/Allottee and subject to future payments on time. Upon issuance of the Allotment Letter, the Applicant shall be liable to pay the agreed consideration value and the other charges as specified in Schedule of Payment together with the applicable government taxes and levies as per the Schedule of Payments specified in 'Schedule-Il' hereunder, time being of all essence.
23. The Applicant shall, in relation to the Plot (so allotted), make all payments to the Licensee Company from his own bank account only and not from and through the bank accounts of any third party. The Applicant alone shall be responsible and liable in relation to the payments made by any third party. Notwithstanding the aforesaid, the receipts for the payments made in relation to the plot (so allotted) shall be issued in favour of the Allottee only. Payments from sources other than the Applicants (s) ("Third Party") is/are to be accompanied with requisite no objection certificate(s) as per the approved format of the Licensee Company failing which the Licensee Company may in its sole discretion reject the same and return directly to said Third Party.
24. If Allotment of the said plot is cancelled either by the Applicant or by the Licensee Company, the Allottee shall cease to have any claim against /upon the said plot and/or against the Licensee Company (except for their fund as stated herein) and the Licensee Company shall be free to deal with the said plot in any manner whatsoever without any further reference/intimation to the Applicant.
25. Please further note that the Agreement shall contain detailed terms and conditions of the sale of the Plot in favour of the Applicant/Allottee. Further, in the event of any contradiction between terms of either of the documents, the terms and conditions embodied in the Agreement for sale shall prevail.
26. The Payment of the refund amounts shall be subject to and after deducting thereon tax at source and/or other applicable government levies and taxes. For sake of clarity, the interest and/or taxes paid on the consideration Value shall not be refunded upon such cancellation/termination. In the event, the amount paid by the Applicant /Allottee towards Consideration value is less than the earnest money, the Applicant/Allottee shall be liable to pay to the Licensee Company the deficit amount. The payment of refund amount shall be made within a period of 90 (ninety) days from the date on which such refund becomes due, all as per the applicable Law.
27. The Applicant/Allottee understands and agrees that until the conveyance deed is executed, it shall not have any right to nominate/endorse/transfer/assign his allotment rights in favour of any other person. Notwithstanding the above restriction, the company may at its sole discretion permit such nominate/endorsement/assignment/transfer of his allotment rights in favour of a nominee of the Allottee, on a case to case basis, subject always to payment of the administrative charges and/or transfer charges in accordance with the Licensee Company's policy from time to time a well as the execution of appropriate collateral documentation by the Applicant/Allottee and the proposed nominee(s)/assignee(s)/Transferee(s)/ endorsee(s), to the complete satisfaction of the Licensee Company and in the format finalized by the Licensee Company.
28. Taxation particular of M/s CELLULAR CONSULTANTS PRIVATE LIMITED are as follows: (i) PAN No.: AAACC3821E
29.The development of the Project is subjected to any event or
combination of events or circumstances beyond the reasonable
control of the Licensee Company which cannot (a) by the
exercise of reasonable diligence, or (b) despite the adoption
of reasonable precaution and/or alternative measures, be
prevented, or caused to be prevented, and which adversely
affects the Licensee Company's ability to perform including
but not limited to the following:
a. Act of God i.e., fire, drought, flood, earthquake,
epidemics, natural disasters;
b. pandemic/epidemic;
c. explosions or accidents, air crashes, act or terrorism;
d. strikes of lock outs, industrial disputes;
e. non-availability of cement, steel or other construction/raw
material due to strikes(s) of manufacturers, suppliers,
transporters or other intermediaries or due to any reason
whatsoever;
f. war and hostilities of war, riots, band, act of terrorism
or civil commotion;
g. the promulgation of or amendment in any law, rule or
regulation or the issue of any injunction, court order or
direction from any governmental or statutory authority that
prevents or restricts the Developer from complying with any or
all the terms and conditions as agreed in the Agreement; or
h. any legislation, order or rule or regulation made or issued
by the Governmental Authority or if any Governmental Authority
refuses, delays, withholds, denies that grant of necessary
approvals /certificates for the Project/Plot/Building or if
any matters, issues relating to such approvals, Permissions,
notices, notifications by the Governmental Authority(s)
becomes subject matter of any suit/write before a competent
court or, for any reason whatsoever; i. Any event or
circumstances analogous to the foregoing. ("Force Majeure
Events").
The Applicant agrees and confirms that, in the event it
becomes impossible for the Licensee Company to implement the
project due to force Majeure Events and above-mentioned
conditions, then this allotment shall stand terminated and the
company shall refund to the Applicant the entire amount
received by the Licensee Company from the Applicant within
ninety days. The Licensee Company shall intimate the Applicant
about such termination at least thirty days prior to such
termination. After refund of the money paid by the Applicant,
the Applicant agrees that he/she shall not have any rights,
claims etc. against the Licensee Company and that the Licensee
Company shall be released and discharge from all its
obligations and liabilities.
30. Event of Default:
(i) Subject to the Force Majeure Events, Court orders,
Government policy/Guidelines, decisions the Licensee Company
shall be considered under a condition of default, in the
following events:
a. The Licensee Company fails to provide the Plot to the
Applicant(s) within the time period specified above or fails
to complete the Project within the Stipulated time disclosed
at the time of registration of the Project within concerned
authority;
b. Discontinuance of the Licensee Company's business as a
Developer on account of suspension or revocation of his
registration under the provisions of the RERA Act or the rules
or regulations made thereunder.
(ii) In case of default by Licensee Company under the
conditions listed above, Applicant(s) is entitled to the
reliefs as provided under RERA Act or the rule or regulations
made there under.
(iii) The Applicant(s) shall be considered under a condition
of default in the conditions including but not limited to the
following events:
(a) In case the applicant fails to make payments for any
demand made by the Licensee Company, despite having been
issued notice in that regard the Applicant shall be liable to
pay MCLR+2% per annum to the Licensee Company on the unpaid
amount;
(b) Dishonour of any cheque(s), including post-dated cheques,
given by the Applicant(s) to the Licensee Company, for any
reason whatsoever;
(c) Failure to execute the Agreement, conveyance deed,
maintenance agreement and/or any other document by the
Licensee Company, within such timelines as stipulated by the
Licensee Company and in terms of the Agreement/Application;
(d) Applicant(s) fails to take possession of the Plot/within
the time provided herein above;
(e) Failure to pay any taxes and other charges including stamp
duty, legal charges, registration charges, in terms of the
Agreement/Application;
(f) Any other breach of a provision under
Agreement/Application/Policy by the Applicant(s)
(iv) In case of an event of default committed by an
Applicant(s) in terms of sub Clause (iii) Above, the company
options (exercisable individually or jointly), at the sole
discretion of the Licensee Company:
(a) The Applicant(s) shall be liable to pay interest at the
rate of 10% or SBI MCLR+2% per annum for the period provision
for payment of interest, in the event the Applicant fails to
make the payment of any of the instalments or any other
amounts falling due within the stipulated time, the Licensee
Company may issue a notice to the payment of the due amount
within a period of 15 (fifteen) days from the date of issue of
such notice. If the Applicant still defaults in making payment
of the amount due along with interest within the period of
said 15 (fifteen) days. Upon the failure of the Applicant to
clear the entire due amount within this additional period of
15 (fifteen) days, the allotment of the plot shall be deemed
cancelled without the need for the Licensee Company to do or
undertake any more steps. In case of such cancellation, the
Allottee shall have no lien or claim on the Plot, the company
will be entitled to sell, convey or transfer the Plot/to any
one at its sole discretion. In such and event, the amount
received from the Applicant until the date of cancellation of
the allotment Plot/by the Licensee Company, shall be refunded
to the Applicant after deducting/ forfeiting the Earnest
Money, in terms of the Application/Agreement.
(b) In case of payment of delayed instalment as per the
payment plan, the payment so made by the Applicant shall first
be adjusted towards interest accrued on previous outstanding
amounts and only thereafter the balance payment shall be
adjusted towards current outstanding amounts.
31. The Applicant hereby undertakes to inform the Licensee Company of any change in his address or in any other particular/information, above, in writing, failing which the particulars available in the Application shall be deemed to be correct and all the letters or of communications sent at the record address by the Licensee Company, shall be deemed to have been received by me/us and shall not be subjected to any dispute of any nature. In case of any default in communication due to incorrect information the Applicant(s) shall be liable to bear all the cost and expenses.
32. The Applicant shall get his complete address registered with the Licensee Company at the time of booking and it shall be his responsibility to inform the Licensee Company in writing by registered post AD for any change in his mailing or permanent address, failing which, all demand notices and letters posted at the first registered address will be deemed to have received by him at the time when those should ordinary reach at such address and he shall be responsible for any default in payment and other consequences that might occur there from.
33. In case of joint Applicant(s), the Licensee Company shall send all letters/notices and communications to the sole/first Applicant at his given registered address in the Application form through registered/speed post or through courier. All such letters/notices/communication to the sole/first Applicant Shall be deemed to have been duly received be all Applicants within 5 days from the date of dispatch. Licensee Company shall not be liable to send separate communication, letters/notices to the second applicant(s) or to Applicant (other than the first Applicant).
34. That the rights and obligations of the Applicant and the Licensee Company under or arising out of this Application shall be constructed/enforced in accordance with the applicable laws of India.
35. All or any disputes arising out or touching upon or in relation to the terms and conditions of this Application/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 Haryana Real Estate Regulatory Authority Act.
