TERMS AND CONDITIONS OF ALLOTMENT

  1. Any person can apply but person which includes his/her spouse or his/her dependent children who do not own any flat/plot in any Huda developed colony/sector or any licenced colony in any of the Urban Area in Haryana, UT of Chandigarh and NCT Delhi shall be given first preference in allotment of flat/apartment. An applicant in a specific colony shall make only one application. Any successful applicant under the affordable housing policy 2013 of Town and Country Planning Department, Haryana shall not be eligible for allotment of any other flat/apartment under this policy in any other colony. In case he/she is successful in more than one colony, he/she will have choice of retain only one flat. All such applicant shall submit an affidavit to this effect.
  2. The intending applicant(s) has applied for allotment of residential unit/flat/apartment with full knowledge and subject to all the laws / notifications and rules applicable to this area in general which have been explained by the company and understood by him/her.
  3. The intending applicant(s) has fully satisfied himself / herself about the interest and the title of the company in the said land on which the unit/flat/apartment will be constructed and has understood all limitations and obligations in respect thereof and there will be no more investigation or objection by the intending applicant(s) in this respect.
  4. The intending applicant(s) has accepted the plans, designs, specifications and are kept at the company's offices and agrees that company may effect such variations, additions, alterations, deletions and modifications therein as it may in its sole discretion deem appropriate and fit or as may be done by any competent authority and the intending applicant(s) hereby gives his/her consent to such variations / additions / alterations / deletions and modifications.
  5. The company shall have the right to effect suitable and necessary alterations in layout plan, if and when necessary which may involve all or any of the changes, namely change in the position of unit/flat/apartment change in its number, dimensions, height, size, area layout or change of entire scheme.
  6. The unit/flat/apartment allotted under the scheme is prohibited for transfer / sale upto one year after getting the possession of the unit/flat/apartment. Breach of the condition will attract penalty equivalent to 200% of the selling price of the unit/flat/apartment. The penalty amount will be deposited in the "fund" administered by the Town and Country Planning Department. The transfer of the property through execution of irrevocable General Power of Attorney (GPA) where the consideration amount has been passed to the executor or anyone on his behalf will be considered as sale of the property and same will be counted as breach of terms and conditions of policy penal proceedings as per the prescribed provisions shall be initiated.
  7. Upto 5% of total numbers of flat/apartment as approved in the building plans may be allotted by a company to its employees / associates / friends etc.
  8. Super built up area mean and include the covered area, Balcony (ies) lofts plus proportionate common area such as projections, corridors, passages, staircases underground / overhed water tanks, mumties, entrance lobbies, electric sub station, pump house, shafts, guard rooms, lifts, lift rooms and other common facilities etc. The covered/built up area of the flat shall include entire carpet area, areas under toilets. Kitchen, internal circulation, internal walls, proportionate area under external walls, areas under balconies, lofts, cupboards etc. The carpet area shall mean the net useable covered floor area bound within the walls of the apartment but excluding the area covered by the walls and any balcony which is approved free of FAR but including the area forming part of kitchen, toilet, bathroom, store and built-in cupboard/almirah/shelf, which being useable covered area shall form part of the carpet area.
  9. The timely payment of the installments is the essence of this contract. It shall be incumbent on intending applicant(s) to comply with the terms of payment and other terms and conditions of sale, falling which the intending applicant(s) shall have to pay interest @ 15% per annum. If any successful applicant fails to deposit the installment within the time period as prescribed in the allotment letter/agreement, a reminder may be issued to him/her for deposing the due installments within a period of 15 days from the date of issue of such notice, if the allottee still defaults in making the payments the list of such defaulters may be published in one regional Hindi News Paper for payment of due amount within 15 days from the date of publication of such notice, falling which allotment may be cancelled. In such cases, an amount of Rs.25,000/- (Rupees Twenty five thousand only) may be deducted by the company and the balance amount shall be refunded to the applicant.
  10. The intending applicant(s) agrees to reimburse to the Company and to pay on demand all taxes including GST, vat, cess levies or assessments whether levied now or leviable in future on land and/or the buildings as the case may be from the date of application.
  11. (i) The attending Applicant(s) shall be eligible for an interest at the rate of 10% per annum on the booking amount received by company for a period beyond 90 days from the dates of booking till the date of allotment of flat or refund of booking amount as the case may be. (ii) he Scrutiny of applications received as per the parameters prescribed in the "affordable housing policy 2013" for allotment of flat in aforesaid colony shall be completely by the company under the overall monitoring of concerned District Town Planner (DTP). The scrutiny of applications by the joint team of company and the concerned DTP shall be completed within three months from the last date of receipts of applications, as indicated in the advertisement. Applications found to be incomplete shall be retuned within one month of completion of scrutiny by the company along with the 5% booking amount received from such applicant(s). No interest shall be paid in such cases. (iii) The Allotment of apartments shall be done through draw of lots. Date of draw of lots shall be fixed by the concerned Senior Town Planner. The draw for allotment of flats shall be held under the supervision of a committee consisting of deputy commissioner or his representative (at least of the cadre of Haryana Civil Services), Senior Town Planner (Circle office), DTP of the concerned district and the representative of company. (iv) Only such applications shall be considered for draw of lots which are complete and which fulfill the criteria laid down in Affordable Housing Policy 2013. (v) A waiting list for a maximum of 25% of the total available number of flats available for allotment may also be prepared during the draw of lots who can be offered the allotment in case some of the successful allottees are not able to remove the deficiencies in their application within the prescribed period of 15 days. In case of surrender of flats by any successful applicant, an amount of Rs.25,000/- (Rupees Twenty five thousand only) may be deducted by the company. Such flats may be considered by the committee for offer to those applicant(s) failing to the waiting list. However, Non-removal of deficiencies by any successful application shall not be considered as surrender of flat, and no such deduction of Rs.25,000/- shall be applicable on such case. If any wait listed candidate does not want to continue the waiting list, he/she may seek withdrawal and the company shall refund the booking amount within 30 days, without imposing any penalty. The waiting list shall be maintained for a period of 2 years, after which the booking amount shall be refunded back to the waitlisted applicant(s), without any interest. All non-successful applicant(s) shall be refunded back the booking amount within 15 days of holding the draw of lots. (vi) If any successful applicant(s) fails to deposit the installments within the time period as prescribed in the allotment letter issued by the company, a reminder may be issued to him/her depositing the due installments within a period of 15 days from the date of issue of such notice. If the allottee still defaults in making the payment, the list of such defaulters may be published in one regional Hindi newspaper having circulation of more than ten thousand in the state for payment of due amount within 15 days from the date of publication of such notice, failing which allotment may be cancelled. In such case also an amount of Rs.25000/- (Rupees Twenty five thousand only) may be deducted by the company and the balance amount shall be refunded to the applicant. Such flats may be considered by the committee for offer to those applicants failing in the waiting list.
  12. The rates of apartments have been fixed in accordance with the "affordable housing policy 2013". in case the government allows increase in the rates the allottee shall have to pay according to the increased rates.
  13. The proportionate cost of the external electrification charges (EEC) (including proportionate security deposit of the electricity department) cost of electrical meter for the flat and Fire Fighting charges (FFC) for the complex shall be borne and paid by the applicant(s) as and when demanded by the company.
  14. Incase authorities decides to enhance the external development charges (EDC) / Infrastructure development charges (IDC) or impose any new levy/charges in future during the period of construction of the project or thereafter the same shall be payable by the applicant(s) as an when demanded by the company proportionately along with interest there on if any.
  15. There will be no power back facility in the apartment. However, if the power back up is required to be provided, the cost of the equipment and installation charges thereof shall be borne by the applicant(s) separately.
  16. The company shall have the right to raise finance from any Bank/financial institution/body corporate and for this purpose create equitable mortgage against the construction or on the proposed built up area in favour of one or more financial institutions and for such act the applicant shall not have any objection and the consent of the applicant shall be deemed to have been granted for creation of such charge during construction/development of the said complex. Notwithstanding the foregoing, the company shall ensure to have any such charge, if created, vacated on completion of the said complex and in any case before execution of the Conveyance Deed of the Flat to the applicant.
  17. (i) Only one two-wheeler parking site of the size of 0.8m X 2.5m shall be earmarked for each flat. (ii) No car parking space shall be allotted to any apartment owner in the project. The balance available parking space, if any, beyond the allocated two wheeler parking sites, can be earmarked by the company as free visitor parking space. (iii) The applicant agrees not to park their vehicle(s) on the pathway or open spaces of the building/complex except the space exclusively allotted for this purpose. (Signature of First Applicant) (Signature of Second Applicant) (iv) Two - Wheeler parking spaces shall be integral part of the flat and cannot be dealt independently. No construction is permitted on the allotted spaces, nor can it be used for any storage or similar purposes.
  18. The following community sites shall be provided and shall form part of the common areas and facilities as defined under Haryana Apartment Ownership Act. (i) One Built-up Community Hall of approximately 2000 Sq.ft. size or equivalent to 185.80 Sq.mt. approx. (ii) One Built-up Anganwadi-cum Creche of approximately 2000 Sq.ft. size or equivalent to 185.80 Sq.mt. approx. these facilities shall be common for all the residents of the Complex.
  19. (i) For the period of five years from the date of grant of occupation certificate, the maintenance works and services in relation to the common areas shall be provided by the Company through itself or through its appointed maintenance agency. However, the Company may charge as per Policy, on proportionate basis for the electricity consumed in running of lifts, pumps, Lighting of common area etc., Insurance charges for the complex, Salary for the watch and ward, Safai Karamchari Staff, if provided and required, AMC for lifts and charges for other consumable items consumed in running the common services lifts, STP, Running of Pumps for water supply etc. the applicants(s) shall pay the above charges as per actual on pro-rata basis. The internal maintenance of the respective apartment shall be the sole responsibility of the applicant only. The developer shall not be responsible for the internal maintenance of the apartment in any circumstance. After the aforesaid period of 5 years the said project shall be transferred to the "Association of Apartment Owners" constituted under the Haryana Apartment Ownership Act, 1983. Which shall overtake the providing of the maintenance to the project and thereafter the Company shall have no further obligation to provide any maintenance services in the said project. (ii) It is mandatory for every flat owner to become the member of the Association of the Apartment Owner constituted under the Haryana Apartment Ownership Act, 1983 as and when asked for.
  20. The Company shall endeavor to give the possession of the unit/flat/apartment to the intending applicant(s) within 4 years from the date of allotment subject to force majeure circumstances and on receipt of all payments as per installment plan and on receipt of complete payment of the sale price and other charges due, if any and payable up to the date of possession according to the payment plan applicable to him/her. The Company on completion of the construction shall issue final call notice to the intending applicant(s) who shall within 30 days thereof remit all dues and take possession of the unit/flat/apartment but in the event of his/her failure to take possession for any reason whatsoever, he/she shall be deemed to have taken possession of the allotted unit/flat/apartment and shall bear all charges and any other levies on account of the allotted unit/flat/apartment.
  21. The conveyance deed / Sale Deed shall be executed and got registered in favour of the intending applicant(s) within the reasonable time after the completion of development work / construction at the site and after receipt from him/her full price and other connected charges, if any. Cost of stamp duty and registration / mutation, documentation charges etc., as applicable will be charged extra and shall be borne by the intending applicant(s). The intending applicant(s) shall pay as and when demanded by the Company, stamp duty and registration charges / mutation charges and all other incidental and legal expenses for execution and registration of conveyance deed / sale deed / mutation of the unit/flat/apartment in favour of the intending applicant(s).
  22. The intending applicant(s) shall get his/her complete address registered with the Company at the time of booking and it shall be his/her responsibility to inform the Company by registered A/D letter about all subsequent changes, if any in his/her address, failing which all demand notices and letters posted at the first registered address will be deemed to have been received by him/her at the time when those should ordinarily reach such address and the intending applicant(s) shall be responsible for any default in payment and other consequences that might occur there from. In all communications, the reference of property booked must be mentioned clearly.
  23. The company shall have the first lien and charge on the said unit/flat/apartment for all its dues and other sums payable by the intending applicant(s) to the Company.
  24. Unless a conveyance deed is executed and registered, the Company shall for all intents and purposes continue to be the owner of the land and also the construction thereon and this agreement shall not give to the intending applicant(s) any right or title or interest thereon.
  25. The intending applicant(s) undertakes to abide by all the laws, rules and regulations or any law as may be made applicable to the said property.
  26. This project will be governed through the Haryana Apartment Ownership Act, 1983.
  27. Delhi / Haryana Courts shall have jurisdiction in all matters arising out of/touching and/or concerning this transaction.
  28. In case there are joint intending applicant(s), all correspondences shall be sent by the Company to the intending applicant whose name appears first and at the address given by him/her for mailing and which shall for all purposes be considered as served on all the intending applicant(s) and no separate communication shall be necessary to the other named intending applicant(s). The intending applicant(s) has agreed to this condition of the Company.
  29. The intending applicant(s) agrees that the sale of the unit/flat/apartment is subject to force majeure clause which interalia include delay on account of non-availability of steel, cement or other building materials or water supply or electric power or slow down strike or due to a dispute with the construction agency employed by the Company, civil commotion or by reason of war or enemy action or earthquake or any act of god, delay in certain decisions / clearances from statutory body(ies) or if non delivery of possession is as a result of any notice, order, rules or notification of the Government and/or any other public or competent authority or for any other reason beyond the control of the Company and in any of the aforesaid event the Company shall be entitled to a reasonable corresponding extension of the time of delivery of possession of the said premises of the said premises on account of force majeure circumstances. The Company as a result of such a contingency arising reserves the right to alter or vary the terms and conditions of allotment or if the circumstances beyond the control of the Company so warrant, the Company may suspend the scheme for such period as it may consider expedient and no compensation of any nature whatsoever can be claimed by the applicant(s) for the period of delay / suspension of scheme. In consequence of the Company abandoning the scheme, the Company's liability shall be limited to the refund of the amount paid by the intending applicant(s) without any interest or compensation whatsoever. I/We have fully read and understood the above mentioned terms and conditions and agree to abide by the same.

DISCLAIMER POLICY

  1. Any person can apply but person which includes his/her spouse or his/her dependent children who do not own any flat/plot in any Huda developed colony/sector or any licenced colony in any of the Urban Area in Haryana, UT of Chandigarh and NCT Delhi shall be given first preference in allotment of flat/apartment. An applicant in a specific colony shall make only one application. Any successful applicant under the affordable housing policy 2013 of Town and Country Planning Department, Haryana shall not be eligible for allotment of any other flat/apartment under this policy in any other colony. In case he/she is successful in more than one colony, he/she will have choice of retain only one flat. All such applicant shall submit an affidavit to this effect.
  2. The intending applicant(s) has applied for allotment of residential unit/flat/apartment with full knowledge and subject to all the laws / notifications and rules applicable to this area in general which have been explained by the company and understood by him/her.

PRIVACY POLICY

  1. The company shall have the right to effect suitable and necessary alterations in layout plan, if and when necessary which may involve all or any of the changes, namely change in the position of unit/flat/apartment change in its number, dimensions, height, size, area layout or change of entire scheme.
  2. The unit/flat/apartment allotted under the scheme is prohibited for transfer / sale upto one year after getting the possession of the unit/flat/apartment. Breach of the condition will attract penalty equivalent to 200% of the selling price of the unit/flat/apartment. The penalty amount will be deposited in the "fund" administered by the Town and Country Planning Department. The transfer of the property through execution of irrevocable General Power of Attorney (GPA) where the consideration amount has been passed to the executor or anyone on his behalf will be considered as sale of the property and same will be counted as breach of terms and conditions of policy penal proceedings as per the prescribed provisions shall be initiated.
  3. Upto 5% of total numbers of flat/apartment as approved in the building plans may be allotted by a company to its employees / associates / friends etc.

CANCELLATION & REFUND POLICY

  1. The timely payment of the installments is the essence of this contract. It shall be incumbent on intending applicant(s) to comply with the terms of payment and other terms and conditions of sale, falling which the intending applicant(s) shall have to pay interest @ 15% per annum. If any successful applicant fails to deposit the installment within the time period as prescribed in the allotment letter/agreement, a reminder may be issued to him/her for deposing the due installments within a period of 15 days from the date of issue of such notice, if the allottee still defaults in making the payments the list of such defaulters may be published in one regional Hindi News Paper for payment of due amount within 15 days from the date of publication of such notice, falling which allotment may be cancelled. In such cases, an amount of Rs.25,000/- (Rupees Twenty five thousand only) may be deducted by the company and the balance amount shall be refunded to the applicant.
  2. A waiting list for a maximum of 25% of the total available number of flats available for allotment may also be prepared during the draw of lots who can be offered the allotment in case some of the successful allottees are not able to remove the deficiencies in their application within the prescribed period of 15 days. In case of surrender of flats by any successful applicant, an amount of Rs.25,000/- (Rupees Twenty five thousand only) may be deducted by the company. Such flats may be considered by the committee for offer to those applicant(s) failing to the waiting list. However, Non-removal of deficiencies by any successful application shall not be considered as surrender of flat, and no such deduction of Rs.25,000/- shall be applicable on such case. If any wait listed candidate does not want to continue the waiting list, he/she may seek withdrawal and the company shall refund the booking amount within 30 days, without imposing any penalty. The waiting list shall be maintained for a period of 2 years, after which the booking amount shall be refunded back to the waitlisted applicant(s), without any interest. All non-successful applicant(s) shall be refunded back the booking amount within 15 days of holding the draw of lots.