Cover Panchkula Plot - DLF The Valley, Panchkula

Transcription

PLOT BUYERS AGREEMENT
BETWEEN
DLF HOMES PANCHKULA PRIVATE LIMITED
And
FIRST ALLOTTEE
First Name
Middle Name
Last Name
ADDRESS
City
State
Pincode
SECOND ALLOTTEE
First Name
Middle Name
Last Name
ADDRESS
City
Pincode
State
Important Instructions to the Allottee
Kindly read carefully………..
The Allottee who has been provisionally allotted a residential plot will be required to execute two (02) copies of
the Plot Buyers' Agreement (hereinafter referred to as the “Agreement”) for each residential plot allotted by the
Company. The Agreement sets forth in detail the terms and conditions of sale with respect to the said plot and
should be read carefully by the Allottee. Signed copies of the Agreement will not be accepted from the Allottee for
seven (7) consecutive days following dispatch/handing over by the Company of the copies of the Agreement
along with all its annexure attached therewith. The Company expects that during the time given, as mentioned
above, the Allottee shall have read each and every clause of the Agreement carefully, understood the legal
implications thereof, and understood his /their obligations and liabilities and the Company's obligations and
limitations as set forth in the Agreement.
As the Agreement is a legal document, the Company advises the Allottee to take advice of competent legal
counsel/advocates interpreting the provisions of the Agreement. The Allottee shall, thereafter, if he/they so
decide(s) to enter into this Agreement, execute, sign and deliver to the Company, within thirty (30) days from the
date of dispatch/handing over of the Agreement, both copies of the Agreement with all Annexures together with
amounts due and payable as set forth in the Payment Plan attached as Annexure-III. If the Allottee fail(s) to
execute and deliver to the Company this Agreement duly signed within the time given, as mentioned above, then
the Application of the Allottee and this Agreement shall be treated as cancelled and the Earnest Money and other
charges, brokerage, delayed interest, taxes, etc. paid by the Allottee shall stand forfeited without any notice or
reminders and the Allottee shall be left with no right whatsoever in the plot booked by the Company.
The Agreement will not be binding on the Company until executed by the Company through its authorised
signatory. The Company will have the option to either accept or reject the Agreement within thirty (30) days after
receiving the same from the Allottee. If the Company accepts the Agreement, then a signed copy of the
Agreement will be returned to the Allottee for his/their reference and record and the other copy shall be retained
by the Company. If the Agreement is not executed by the Company and a copy is not dispatched by registered
post to the Allottee within thirty days (30) from the date of its receipt from the Allottee by the Company, then the
Application and this Agreement shall be deemed to have been rejected by the Company and all sums deposited
by the Allottee shall be refunded by the Company without any interest or compensation whatsoever and the
Allottee shall be left with no right, title or interest whatsoever in the said plot.
The Company reserves the right to request identification, financial and other information as it may so desire
concerning any allottee. The Company shall reject and refuse to execute this Agreement wherein the Allottee
has/have unilaterally made any corrections/cancellations/alterations/modifications in the Company's
standard printed format.
I/We confirm that I/We have read and understood the above instructions and each and every clause of the
Agreement, its annexures etc., and I/we now execute this Agreement without any reservations, being fully
conscious of my/our rights and obligations and limitations of the Company and undertake to faithfully abide by
all the terms and conditions of this Agreement.
_______________________ Signature(s)
X_____________________
(Sole/First Allottee)
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 1
X_____________________
DLF
(Authorised Signatory)
Instructions for execution of the Plot Buyers' Agreement
1.
Kindly sign along with joint Allottee, if any, on all places marked (x) on all pages in the Agreement
including all annexures.
2.
Kindly paste at the place provided, colour photographs of all the allottee and sign across the
photographs.
3.
Signed copies of this Agreement with all the annexures in original form shall be returned to the Company
by registered post (AD)/ hand delivery within the time stipulated.
4.
Witnesses should sign only on page ____ as directed.
5.
Copy of the Partnership Deed and resolution signed by all Partners required, in case the Allottee is a
Partnership Firm.
6.
Copy of Board Resolution along with a certified copy of Memorandum & Articles of Association
required, in case the Allottee is a Company.
7.
The para marked with ' *' shall be filled up in case of joint allottees.
8.
The para marked with '**' shall be filled up in case the Allottee is a Company or a Partnership Firm.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 2
X_____________________
DLF
THE VALLEY, PANCHKULA (HARYANA)
PLOT BUYERS' AGREEMENT
THIS AGREEMENT made at _______________________ on this_________________day of_____________2013.
BETWEEN
DLF HOMES PANCHKULA PVT. LIMITED, a Company incorporated under the Companies Act, 1956, and
having its Registered Office at 2nd floor, Gateway Tower, DLF Phase-III, Gurgaon, Haryana and Corporate office
at SCO- 190-192, Sector-8C, Chandigarh(UT) (hereinafter referred to as the 'Company', which expression shall,
unless excluded by or repugnant to the subject or context be deemed to include its executors and permitted
assigns) through its duly Authorized Signatory __________________________ authorized vide its Board
resolution dated _______________of the One Part;
AND
I.
Please
affix your
photograph
here
Mr./Mrs./Ms.
:
Son/Wife/Daughter of
:
Nationality
:
Age
:
Profession
:
Residential Status
: Resident / Non-Resident / Foreign National of Indian Origin
Years
: __________________________________________________________________
Passport No.
: __________________________________________________________________
Income Tax Permanent Account No: _______________________________________________________________
Ward / Circle / Special range and place where assessed to income tax :______________________________
Mailing Address (Document
: __________________________________________________________________
proof required)
: __________________________________________________________________
: __________________________________________________________________
Mobile No.
: __________________________________________________________________
Telephone No.
: __________________________________________________________________
Fax No.
: __________________________________________________________________
Office Name & Address
: __________________________________________________________________
__________________________________________________________________
Telephone No.
: ________________________ E-Mail ID:________________________________
Permanent Address
: __________________________________________________________________
__________________________________________________________________
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 3
X_____________________
DLF
II.
Please
affix your
photograph
here
Mr./Mrs./Ms.
:
:
Nationality
:
Age
:
Profession
:
Residential Status
Years
: __________________________________________________________________
Passport No.
: __________________________________________________________________
: __________________________________________________________________
proof required)
: __________________________________________________________________
: __________________________________________________________________
Mobile No.
: __________________________________________________________________
Telephone No.
: __________________________________________________________________
Fax No.
: __________________________________________________________________
: __________________________________________________________________
__________________________________________________________________
Telephone No.
: ________________________ E-Mail ID:________________________________
Permanent Address
: __________________________________________________________________
__________________________________________________________________
III.
Please
affix your
photograph
here
Mr./Mrs./Ms.
:
:
Nationality
:
Age
:
Profession
:
Residential Status
Years
: __________________________________________________________________
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 4
X_____________________
DLF
Passport No.
: __________________________________________________________________
: __________________________________________________________________
proof required)
: __________________________________________________________________
: __________________________________________________________________
Mobile No.
: __________________________________________________________________
Telephone No.
: __________________________________________________________________
Fax No.
: __________________________________________________________________
: __________________________________________________________________
__________________________________________________________________
Telephone No.
: ________________________ E-Mail ID:________________________________
Permanent Address
: __________________________________________________________________
__________________________________________________________________
OR
** M/s. _________________________________________________________________________ a partnership firm
duly registered under the Indian Partnership Act, 1932 acting through its partner authorized by resolution
dated_________________Shri / Smt. _________________________________________________________________.
OR
** M/s. _______________________________________________________________________ a Company registered
under the Companies Act, 1956, having its registered office at ____________________________ and Corporate
Identification Number ___________________________________ acting through its duly authorized signatory
Shri/Smt. _________________________________________ authorized by Board resolution dated______________.
(hereinafter referred to as the ‘Allottee’ which expression shall, unless excluded by or repugnant to the subject or
context be deemed to include his/their heirs, executors, administrators, legal representatives, nominees, and
assigns of the Other Part.
Company’s Representations
WHEREAS certain companies and individuals owned and possessed various parcels of land comprising total
175.593 Acres of land or thereabouts falling in the revenue estate of Villages Bhagwanpur and Islam Nagar, Tehsil
Kalka District Panchkula (Haryana) (hereinafter referred to as “Land Owners” for the purpose of this
Agreement).
AND WHEREAS Director General Town & Country Planning, Haryana, Chandigarh granted licenses(s) (herein
after referred to as “Said Licenses”) to develop the said 175.593 acres into a residential colony to the aforesaid
individuals and companies (Land Owners) whose names are set out in the Said License.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 5
X_____________________
DLF
AND WHEREAS the Company entered into arrangements / collaborations with the Land Owners to develop,
market and sell plots in the residential colony named as “THE Valley” in Pinjore Kalka Urban Complex, Sector-3
& 4, Villages Bhagwanpur, Islam Nagar, Tehsil Kalka, District Panchkula, Haryana being developed by the
Company on the aforesaid land (hereinafter referred to as the “Said Colony”).
AND WHEREAS by virtue of such arrangements / collaborations, the Company is entitled to and is competent
to develop, market and sell plots in the Said Colony, receive monies, give receipts, execute conveyance, other
documents etc., as may be necessary and expedient to give effect to the aforesaid purpose.
AND WHEREAS the Said Colony is proposed to be set up in accordance with the terms and conditions of the Said
Licenses and layout plan presently approved as given in Annexure-II and as may be approved in future by the
competent authority. List of approvals/sanctions obtained for the Said Colony are attached herewith as
Annexure-I.
Allottee’s Representations
AND WHEREAS the Allottee has applied for purchase and the Company has agreed to sell to the Allottee plot
no.___________, admeasuring _____________sq.mtr (_______________sq.yd.) (hereinafter referred to as the
“Said Plot”)in the Said Colony and on the terms and conditions appearing hereinafter.
AND WHEREAS the Allottee hereby confirm(s) and represent(s) that he/they is/are executing this Agreement
with the full knowledge that the demarcation and zoning plans for the Said Plot/Said Colony are sanctioned by
the Competent Authority and that the presently approved layout plan attached as Annexure–I, may further be
changed and substituted by other layout plan(s) as and when sanctioned/approved by the Competent Authority
in which event the number of the Said Plot, its location, size as provisionally allotted to the Allottee may change
and be substituted by a new number, location, size etc; to which the Allottee has/have confirmed that he/they
shall have no objection having been informed of this eventuality. The Allottee also agrees to abide by the terms
and conditions of this Agreement including those relating to payment of Total Price, Govt. Charges including but
not limited to External Development Charges (EDC), Infrastructure Development Charges(IDC) /Infrastructure
Augmentation Charges (IAC) and other charges, forfeiture of Earnest Money and other amounts including
delayed interest, brokerage, taxes, etc. as laid down herein.
AND WHEREAS the Allottee hereby represents that the Allottee has no objection to the condition of the
Company that the Said Plot shall not be transferable or assignable or be eligible for nomination for a period of six
(06) months from the date of execution of this Agreement and also subject to payment of monies due and payable
as laid down in the payment plan annexed hereto as Annexure-III.
AND WHEREAS the Allottee represents and confirms that the Allottee has satisfied himself about the
competence of the Company to execute this Agreement, seen all relevant documents, title deeds, License(s),
approved layout plan etc., and has also familiarized himself with the dimensions and other details of the Said Plot
and also understood all limitations and obligations of the Company and the Allottee in respect thereof and the
Allottee has confirmed that his investigations are complete in all respects.
AND WHEREAS the Allottee has further represented and confirmed that the Allottee has examined/considered
all other similar property options available with other builders/developers in the area, Panchkula in particular,
and also elsewhere and that the Allottee has found the Said Plot to be of the Allottee’s choice and requirement for
residential purpose. The Allottee has considered all the legal terms set out in this Agreement and consulted his
Counsel about the legal implications and that the Allottee has no reservation about the terms and conditions set
out in this Agreement and accordingly the Allottee has now expressed his desire to enter into this Agreement.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 6
X_____________________
DLF
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED BY AND
BETWEEN THE PARTIES HERETO AS FOLLOWS:
Details of Price Payable for the Said Plot
1.
The Allottee has agreed to purchase from the Company and the Company has agreed to sell to the
Allottee, the Said Plot in the Said Colony as per details given below at the rate of Rs._____________ per sq.
mtr. (Rs.__________________ per sq.yd. approx.) being the Basic Selling Price (hereinafter referred to as
‘BSP’) exclusive of other payments mentioned in the payment plan attached as Annexure-III.
DETAILS OF PRICING:
Plot Area :__________________ sq. mtr. ( __________________sq. yd. approx.)
Plot No:__________________Block No.__________________;
Total BSP : Rs. __________________ (Rupees______________________________________________only)
Preferential Location Charges (‘PLC’). Preferential Location attributes are described as under:
Preferential Location Attribute(s)
1.
East facing:
2.
Green /Park Facing/Adjoining:
3.
Corner Plots:
4.
Wide road 45 mtr facing:
CHARGES FOR PLC
1.
One PLC: Rs._______/-per sq. mtr.(Rs._______per sq.yd.)
2.
Two PLC’s: Rs._______/-per sq. mtr.(Rs._______per sq.yd.)
3.
Three or more PLC’s: Rs._______/-per sq. mtr.(Rs._______per sq.yd.)
Total PLC : Rs _________________ /- (Rupee_______________________________________________Only)
PLC shall be applicable and payable by the Allottee for the sum total of each and every applicable
attribute mentioned above, in addition to BSP as mentioned in the Payment Plan attached as
Annexure- III.
Total Price (Total of BSP+PLC) : Rs.____________/-(Rupees__________________________________only)
In addition to the Total Price as mentioned above, the Allottee will be liable and agrees to pay other
amounts, charges, security amounts as and when demanded by the Company including but not limited
to:
1)
A non-refundable Interest Bearing Maintenance Security (hereinafter referred to as “IBMS”) @ Rs. 598/per sq.mtr (Rs. 500/- per sq. yd approx.) payable for the Said Plot in accordance with the Payment Plan to
secure the Allottee’s obligations of payment of maintenance bills and which shall bear interest as more
elaborately described in clause no.13(b) till it is transferred to any nominee of the Company (including
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 7
X_____________________
DLF
maintenance agency) / other body who would be entrusted with the maintenance work of the Said
Colony.
2)
Stamp duty and registration charges, legal charges etc. which shall be at actuals.
3)
External Development Charges as and when demanded by Company/ as per the attached Payment Plan.
4)
Infrastructure Development Charges/Infrastructure Augmentation Charges and any other Government
levies / charges as and when demanded by Company/ as per Payment Plan.
5)
Holding charges as more elaborately described in clause 11(b).
6)
Late construction penalty as more elaborately described in clause 12(b).
7)
Club charges, as applicable and more elaborately described in clause 3(d).
8)
Municipal tax, property tax, wealth tax, service tax, fees, levies and charges by whatever name called and
increases thereof.
9)
All kind of taxes and cesses including but not limited to value added tax, state sales tax, central sales tax,
works contract tax, service tax, one time building tax, luxury tax, building and other construction workers
welfare fund, education cess and any other Taxes and Cesses by whatever name called paid or payable by
the Company and/or its contractors (including sub-contractors), suppliers, consultants, in connection
with the development/construction of the Said Plot/Said Colony.
10)
Cost for providing power back up including that of equipments, DG set, cabling, installation etc.
11
All deposits and charges paid/payable by the Company to Haryana State Electricity Board
(HSEB)/UHBVNL or any other body.
12)
Proportionate share towards the cost incurred by the Company for construction/ installation of substation/ power house/transformers/ equipments, etc.
13)
Charges / deposits / costs for creating HT feeder for tapping electricity from State Electricity Board’s
source up to receiving point of the Said Township/Colony.
14)
Charges / costs for providing connection from feeder pillars upto the Said Plot including any deposits
and costs for meter installation.
15)
Charges/cost of providing sewer, storm water and water connection to the Said Plot from the main line
serving the Said Plot.
16)
The aforementioned charges shall be paid as and when demanded by the Company and the
determination of the proportionate share by the Company shall be final and binding upon the Allottee.
The Allottee agrees that in case of failure of the Allottee to pay any of the aforementioned charges, the
same shall be treated as un-paid sale price of the Said Plot and the Company shall have the discretion to
withhold the registration of the Said Plot and/ or resume the Said Plot.
2.
Mode of Payment
The Allottee hereby agrees to make all payments by A/c Payee cheque(s)/Demand Draft(s) payable at
Chandigarh drawn in favour of “DLF Homes Panchkula Pvt. Ltd.-Collection Account”.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 8
X_____________________
DLF
3
Restrictions on the ownership rights of the Allottee, construction activities outside the Said Colony,
Club etc.
(a)
The Company has calculated the Total Price payable by the Allottee for the Said Plot on the basis
of the total area of the Said Plot only. The Allottee confirms and represents that the Allottee has
not made any payment to the Company in any manner whatsoever and that the Company has
not indicated / promised / represented / given any impression of any kind in any explicit or
implicit manner whatsoever, that the Allottee shall have any right, title or interest of any kind
whatsoever in any lands, buildings, common areas, facilities and amenities falling outside the
Said Plot/Said Colony.
(b)
The Company has made clear to the Allottee that the Company shall be carrying out extensive
developmental/construction activities for many years in future in the entire area falling inside/
outside the Said Colony in which Said Plot is located and that the Allottee on being made aware
of this fact by the Company has confirmed that the Allottee shall not raise any objections or make
any claims or default in any payments as demanded by the Company on account of
inconvenience, if any, which may be suffered by the Allottee due to such developmental/
construction or its incidental/related activities.
(c)
It is made clear by the Company and agreed by the Allottee that all rights including the
ownership thereof of land(s), facilities and amenities (other than those specifically earmarked as
common areas and facilities for common use of the occupants within the Said Colony) shall vest
solely with the Company and the Company shall have the sole and absolute authority to deal
with the same in any manner including but not limited to creation of further rights in favour of
any other party by way of sale, transfer, lease, collaboration, joint venture, operation and
management or any other mode including transfer to any person, institution, trust, government,
semi-government, any other authority, body and/or any local body(ies) which the Company
may deem fit in its sole discretion. It is made clear by the Company to the Allottee that the
Company has not at any time made any commitment or charged any price from the Allottee for
the ownership of any amenities/facilities which are specifically earmarked by the Company for
the Company’s ownership, though the Company may permit the occupants of the Said Colony
to use such amenities and facilities upon payment of applicable charges, fees, subscription
charges, security deposit etc. as may be decided by the Company/management of such
amenities and facilities from time to time.
The Company relying on these specific undertakings of the Allottee has agreed to allot the Said
Plot and the Allottee confirms that these undertakings shall survive throughout the occupancy
of the Said Plot by the Allottee, Allottee’s legal representatives, successors, administrators,
executors, assigns, nominees, subsequent transferees, etc., and accordingly the Allottee agrees to
incorporate these conditions in the sale deed with the subsequent transferee(s).
(d)
The Allottee further agrees that the Allottee shall have no objection to common services such as
sewerage, storm water drainage, water connection, power supply etc. passing through the said
plot, adjacent to the rear boundary. The Allottee agrees that they will allow the unobstructed
access of maintenance staff for the periodical maintenance of the above said services.
(e)
In addition to the Total Price and other charges mentioned in the Agreement, the Allottee shall
also be required to pay Rs. 1,00,000/- as club membership fees for 5 years, annual club charges at
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 9
X_____________________
DLF
Rs. 6,000/- per annum and a refundable security deposit of Rs. 20,000/- more clearly described
in the Payment Plan attached as Annexure-III. Additional club membership fees and related
charges/deposits(collectively referred to as “Club Charges”) will be charged for each additional
family even if residing in the same plot, for use of the club which may be located anywhere inside
or outside the Said Colony. The residents/occupants of the Said Colony shall have an assured
membership of the club subject to payment of aforesaid charges. The total number of
memberships will be limited to four per plot. The Company reserves the right to grant additional
membership. The Company’s decision in this regard shall be final and binding on the Allottee.
The members shall abide by the terms and conditions laid down by the management of the club.
The Allottee shall be liable to pay the usage charges in accordance with the usages and services
availed by the Allottee. The Allottee shall be required to sign and execute necessary documents
for membership of the club which shall contain terms and conditions of membership and
Allottee shall be bound by the same. The membership of the Allottee shall automatically
extinguish upon sale of the Said Plot by the Allottee and the same shall stand transferred in the
buyer’s name subject to payment of such fees as may be prescribed by the management of the
club/Company.
4.
Zoning Plan Restrictions
It is abundantly made clear to the Allottee that in the zoning plan as may be approved by the Competent
Authority(ies), there would be restrictions including but not limited to, on the number of floors and area
to be constructed by the Allottee in each plot and other norms as may be imposed by the Competent
Authority(ies). The construction by the Allottee shall not exceed the number of floors or violate any other
norm as may be stipulated in the zoning plan. The Allottee specifically agrees that the Said Plot shall not
be partitioned / sub-divided / fragmented / remodeled / additionally constructed in any manner to
create more dwelling units as this will be a clear breach of the conditions as may be contained in the
zoning plan/building plan to be approved by the Competent Authority. Further the Allottee specifically
undertake(s) to strictly abide by all norms and conditions of the zoning plan/layout plan/building plan,
notifications, rules, bye-laws and/or any other approvals granted by the competent authority(ies) in
respect of the Said Plot/Said Colony, as may be applicable from time to time.
It is made clear to the Allottee that it is not permissible to join and make contiguous the plots which are
located behind each other and the Allottee hereby undertake(s) to abide by this condition. Similarly it is
made clear that it may be permissible, subject to the approval of the Competent Authority(ies), to join and
make contiguous the plots which are next to each other and are lying side by side in a row (not behind
each other). It is specifically made clear to the Allottee that the approval of the building plan(s),
occupation certificate etc., shall be at the sole cost and responsibility of the Allottee and the Company
shall have no role in the same whatsoever.
5.
Preferential Location Charges
The Allottee hereby agree(s) to pay in addition to BSP, preferential location charges for preferential
attribute(s) as described in this Agreement which are to be paid in a manner and within the time as stated
in the Payment Plan. However, the Allottee has specifically agreed that:
(i)
If due to any reason including the change in the layout plan, any of the preferential location
attribute(s) get(s) deleted then the Company shall be liable to refund only the amount applicable
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 10
X_____________________
DLF
for such preferential location attribute(s) if already paid by the Allottee, without any interest and
such refund shall be adjusted in the next pending installment due from the Allottee immediately
upon such determination being done.
(ii)
6.
If due to any reason including the change in the layout plan, the Said Plot acquires an additional
preferential location attribute(s) then the Allottee shall be liable and agrees to pay for such
additional preferential location charges as may be decided by the Company, within 30 days of
demand made by the Company.
Govt. Charges and Taxes
While calculating the Total Price of the Said Plot, the Company has not taken into account the External
Development Charges (EDC) and Infrastructure Development Charges (IDC), and other charges
including but not limited to Infrastructure Augmentation Charges (IAC) as levied by Government of
Haryana. The Allottee accordingly agree(s) to pay to the Company, Govt. Charges (EDC, IDC, IAC etc.
collectively herein referred to as Govt. Charges) and all increases thereof as may be levied by the
Government of Haryana, from time to time and as and when demanded by the Company. The amount
payable by the Allottee towards EDC and IDC as presently calculated as per the data available with the
Company is stated in the Payment Plan attached as Annexure-III. However, it is made clear by the
Company and understood by the Allottee that this amount is only an estimate based on the data
presently available with the Company and will actually be known only when the demand is raised by the
Government of Haryana. It is also made clear to the Allottee that all such levies/ increases may be levied
by the Government of Haryana with prospective or retrospective effect, effective from the date of
License(s) of the Said Colony. The Company makes it clear that if it is required to pay such levies, Govt.
Charges, interest and other charges etc.; in such prospective /retrospective manner from the date of
License(s), then the Company shall demand, and the Allottee undertake(s) to pay the same
proportionately in the manner and in the ratio of the area of the Said Plot to the total area of the Said
Colony as calculated by the Company. It is made abundantly clear that all the Govt. Charges, are solely to
the account of the Allottee and the Company shall have no liability in this regard. Further it is made
known to the Allottee that the Government of Haryana may also levy other charges at any stage
including upon the completion of the Said Colony or thereafter, the demand for which will be raised by
the Company and the Allottee undertake(s) to pay the same on demand to the Company. Apart from the
above demand as stated, for the sake of clarity, it is emphasized and understood by the Allottee that there
could be future levies/ increases in the Govt. Charges, levies, during the occupation of the Said Plot and
the same shall be charged and the Allottee agree(s) to be liable and pay all such future levies/ increases as
and when demanded by the Company and this undertaking by the Allottee shall always survive the
conveyance of the Said Plot in favour of the Allottee. The Allottee has agreed that having understood this
position the Allottee undertake(s) not to default on the payment of such prospective/ retrospective
increases in Govt. Charges, levies, as and when demanded by the Company. The Allottee specifically
recognize(s) that such demand when made will constitute unpaid sale price and agree(s) that even if such
Govt. Charges, levies, etc. are demanded by the Company after the sale deed is executed in favour of the
Allottee, the Company shall have lien on the Said Plot to the extent of such unpaid sale price and the
Allottee hereby confirm(s) that the Allottee shall not object to the same and agree(s) to cooperate if the
Company resumes the possession and ownership of the Said Plot and / or take all legal measures to
recover such unpaid sale price upon the Allottee defaulting on such payment.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 11
X_____________________
DLF
In addition, the Allottee also agree(s) to pay fees, levies, rates, Cesses including labour cess, charges,
wealth tax, property tax, service tax or taxes of all and any kind by whatever name called, whether levied,
or leviable now or in future, as the case may be from the date of the Application with regard to the area of
the Said Plot in the Said Colony prior to the execution of the sale deed. If such charges are increased or
levied (including with retrospective effect) after the sale deed has been executed, then these charges shall
be treated as unpaid sale price of the Said Plot and the Company shall have lien on the Said Plot of the
Allottee for the recovery of such charges and the Allottee hereby confirms that the Allottee would not
object and agree(s) to cooperate if the Company resumes the possession and ownership of the Said Plot
and / or take all legal measures to recover such unpaid sale price.
7.
Earnest Money
The Company and the Allottee hereby agree(s) that the Earnest Money for the purpose of this Agreement
shall be the booking amount paid by the Allottee along with the Application as stated in the Company’s
Payment Plan. The Allottee hereby authorise(s) the Company to forfeit this Earnest Money along with
the interest on delayed payments, brokerage, other charges, and taxes, if any incurred by the Company,
etc., in case of non-fulfillment of the terms and conditions contained herein and/or in the event of failure
by the Allottee to sign and return to the Company this Agreement within 30 days from the date of its
dispatch/handing over by the Company to the Allottee.
8.
Essence of the Agreement
The payment on or before the due date, of Total Price and other amounts payable as per the Payment
Plan, as accepted by the Allottee or as demanded by the Company from time to time is the essence of this
Agreement.
9 (a)
Layout Plan Changes
The Company has informed the Allottee that the Said Colony is planned to be developed by the
Company in accordance with the layout plan sanctioned by the competent authority and as may be
changed from time to time by the competent authority. Any changes/ modifications/ amendments as
may be made by the competent authority in the layout plan for the Said Colony in future, shall
automatically supersede the present approved layout plan attached herewith and become binding on the
Company and the Allottee.
(b)
The Allottee hereby confirm(s) that the Allottee shall have no objection if the Company makes suitable
and necessary alterations in the layout plan, if found necessary, and such alterations may involve the
change in the position/number/dimensions/size or change in the area of the Said Plot etc. However, in
case of any major alterations/modifications resulting in ± 20% change in the area of the Said Plot, the
Company shall intimate to the Allottee in writing the change(s) thereof in the price of the Said Plot. The
Allottee agrees to inform the Company in writing, the Allottee’s consent or objections to the changes
within thirty (30) days from the date of such notice failing which the Allottee shall be deemed to have
given consent to such alterations/ modifications. The Allottee agree(s) that any increase or reduction in
the area of the Said Plot shall be payable by the Allottee or refundable by the Company as the case may be,
at the same rate per sq. mtr. as mentioned in this Agreement.
If the Allottee write(s) to the Company within thirty (30) days of intimation by the Company indicating
his non-consent/objections to such alteration(s)/modification(s), then the allotment shall be deemed to
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be cancelled and the Company shall refund the entire money received from the Allottee with simple
interest @ 6% per annum calculated from the date of realization of the said amounts by the Company.The
Allottee shall thereupon have no further claim against the Company with respect to the Said Plot and the
Company shall be free to deal with the Said Plot in any manner as it may deem fit.
10.
Failure to deliver possession due to Legislation, Orders, Rules, Regulations of the Govt.
The Allottee agree(s) that, if as a result of any legislation, orders or rules or regulations made or issued by
the Govt. and/or any other Authority or if Competent Authority(ies) refuses, delays, withholds, denies
the grant of necessary approvals for the Said Plot/Said Colony or if any matters, issues relating to such
approvals, permissions, notices, notifications by the Competent Authority(ies) become subject matter of
any suit/writ before a Competent Court or due to force majeure (clause 34) conditions, the Company,
after provisional and/or final allotment, is unable to deliver possession of the Said Plot to the Allottee
and the Company, if it decides, in its sole discretion, to abandon the development of the Said Colony,
then in that event the Allottee hereby authorize(s) the Company to refund the amounts received from the
Allottee without any interest and the Allottee hereby confirm(s) that he/they shall not make any other
claim on the Company whatsoever.
(b)
Abandonment
The Allottee agrees and acknowledges that the Company, in its sole discretion may abandon the
development of the Said Colony, without assigning any reason thereof and in such an eventuality other
than Force Majeure as mentioned hereinabove, the liability of the Company shall be limited only to
refund the amounts received from the Allottee, alongwith 6% simple interest per annum from the date of
receipt of such amounts by the Company and the Allottee shall have no other claim of any nature
whatsoever.
11(a)
Schedule for Possession
The Company shall endeavour to offer possession of the Said Plot, within Twenty Four (24) months from
the date of the Application (which date shall be the date of issue of receipt of the booking amount by the
Company) subject to timely payment by the Allottee of Total Price, Stamp Duty, Govt. Charges and any
other charges due and payable according to the Payment Plan.
(b)
Failure of Allottee to take Possession, Holding Charges
In the event of the Allottee’s failure to take possession of the Said Plot, within 90 (ninety) days from the
date of intimation in writing by the Company offering possession, then the same shall lie at the Allottees’
risk and cost and the Allottee shall be liable to pay to the Company, holding charges calculated at the rate
of Rs. 50/- per sq. mtr. (Rs.42/- per sq. yd approx.) per month on the total area of the Said Plot for the
entire period of such delay. If the Allottee fail(s) to come forward to take possession of the Said Plot for a
period of six (06) months from the date of offer of possession by the Company, then the Company shall be
entitled to cancel the allotment of the Said Plot and refund all monies paid by the Allottee after deducting
therefrom the Earnest Money along with the interest on delayed payments, brokerage, other charges and
taxes, if any incurred by the Company.
(c)
Payment of Holding Charges
The payment of holding charges shall be made by the Allottee prior to the conveyance of the Said Plot in
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favour of the Allottee. The holding charges shall be a charge for delay in taking over the possession of the
Said Plot by the Allottee and it shall be in addition to maintenance, and other charges, and not adjustable
or substitutable to any other charges as provided in this Agreement.
(d)
Failure of Company to offer Possession and Payment of Compensation
In the event the Company fails to offer possession of the Said Plot, within Twenty Four (24) months from
the date of Application, then after ninety (90) days from the expiry of Twenty Four (24) months, subject to
the Allottee having made all payments as per the Payment Plan, and subject to the terms and conditions
of this Agreement and barring force majeure circumstances, the Company shall pay compensation to the
first named Allottee and not to any one else, calculated at the rate of Rs. 50/- per sq. mtr. per month (Rs.
42/- per sq. yd. approx. per month) on the total area of the Said Plot which both parties have agreed is a
just and equitable estimate of the damages that the Allottee may suffer and the Allottee agrees that the
Allottee shall not have any other claims/rights whatsoever. The adjustment of compensation shall be
done at the time of execution of the sale deed in favour of the Allottee.
12 (a)
Completion of Construction by the Allottee
The Allottee shall complete the construction on the Said Plot within a period of four (4) years from the
date of offer of possession by the Company to the Allottee. In the event of the Allottee’s failure to
complete the construction and obtain a certificate for occupation and use from the Competent Authority
within four (4) years from the date of offer of possession by the Company then the Allottee hereby grants
right to the Company to resume the Said Plot, refund the monies paid by the Allottee after deducting
therefrom Earnest Money along with the interest on delayed payments, brokerage, other charges and
taxes, if any incurred by the Company and resell/reallot the Said Plot.
(b)
Late Construction Penalty
The Company may, at its sole discretion, accede to a written request of the Allottee to extend the
construction period but only upon the Allottee paying a late construction penalty to the Company
calculated at the rate of Rs. 50/- per sq. mtr. per month (Rs. 42/- per sq. yd. approx. per month) on the
total area of the Said Plot per month for the entire period of delay. This penalty may be escalated in case
the Company decides to grant further extension beyond 12 months where the delay continues beyond a
period of 12 months after the grant of first extension. A provision to this effect will also be incorporated in
the sale deed. The Allottee agree(s) with the Company that this provision is necessary to be incorporated
in this Agreement and the sale deed with a view to develop and habitate the Said Colony.
It is made clear to the Allottee that the holding charges and the late construction penalty are distinct and
separate charges payable by the Allottee to the Company.
13 (a)
Maintenance and upkeep of the Said Colony
The Allottee agree(s) to enter into a maintenance agreement draft of which is attached herewith as
Annexure-IV, with the Company/its nominee agency or any other body (hereinafter referred to as the
‘Maintenance-Agency’) as may be appointed by the Company from time to time for the maintenance
and upkeep of the Said Colony until these are handed over to local body or any government agency or
association. It is made clear to the Allottee that the Maintenance Agency shall render maintenance
services only with respect to the common areas falling within the Said Colony but outside the Said Plot
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and these shall mainly relate to services in respect to the public roads, landscaping, sewerage, drainage,
garbage clearance, water, street lights, pavements, horticulture etc. The Allottee undertake(s) to pay the
maintenance bills including water charges raised by the Maintenance Agency for maintaining various
services/facilities as described above, raised on a pro rata basis from the date of the offer of possession by
the Company irrespective whether the Allottee has taken possession or is in occupation of the Said Plot or
not, until the maintenance services are handed over to the government or any local body for
maintenance.
(b)
Interest Bearing Maintenance Security (IBMS)
In order to secure adequate provision of maintenance services and also to secure the due performance of
the obligations of the Allottee in paying promptly the maintenance bills and other charges as raised by
the Maintenance Agency, the Allottee agrees to deposit, as per the Payment Plan, and to always keep
deposited with the Company/Maintenance Agency an Interest Bearing Maintenance Security
(hereinafter referred to as the “IBMS”) calculated at the rate of Rs. 598/- per sq. mtr. (Rs.500/- per sq. yd.
approx.) on the total area of the Said Plot carrying simple yearly interest as applicable on one year fixed
deposit accepted by State Bank of India at the close of each financial year on 31st March calculated from
the date of realisation of the amount by the Company. The interest accrued on IBMS will not be paid to
the Allottee but will be retained as security/adjustment for payment of maintenance bills. In case of
failure of the Allottee to pay the maintenance bills, other charges on or before the due date, the Allottee, in
addition to permitting the Company to deny him the right to avail the maintenance services, also
authorises the Company to adjust in the first instance, the interest accrued on the IBMS against such
defaults in the payment of maintenance bills. In case such accrued interest falls short of the amount of the
default, the Allottee further authorize(s) the Company to adjust the principal amount of the IBMS against
such defaults. If due to such adjustment in the principal amount, the IBMS falls below the agreed sum of
Rs.598/- per sq. mtr. (Rs. 500/- per sq. yd. approx.) then the Allottee hereby undertake(s) to make good
the resultant shortfall within fifteen (15) days of demand by the Company/Maintenance Agency. The
interest accrued on IBMS will not be paid to the Allottee but will be retained as security/adjustment for
payment of the maintenance bills.
(c)
Increase in Interest Bearing Maintenance Security
The Company/Maintenance Agency reserves the right to increase the IBMS from time to time in keeping
with the increase in the cost of maintenance services and the Allottee agrees to pay such increases within
fifteen (15) days of demand by the Company/Maintenance Agency. If the Allottee fails to make good the
shortfall as aforesaid on or before its due date then the Allottee authorises the Company/ Maintenance
Agency to have first charge/lien on the Said Plot in respect of any such non-payment.
(d)
Transfer of Interest Bearing Maintenance Security
The Company may transfer to the Maintenance Agency, the accrued value of the IBMS of the Allottee,
after adjusting there from any outstanding maintenance bills and/or other outgoings of the Allottee at
any time and thereupon the Company shall stand completely absolved/discharged of all its obligations
and responsibilities concerning the IBMS. The Maintenance Agency upon transfer of the IBMS or in case
fresh IBMS is sought from the Allottee as stipulated hereinabove, reserves the sole right to modify/revise
all or any of the terms of the IBMS including but not limited to the amount/interest rate of IBMS, etc.
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14(a)
Power Backup
The Company may provide power back up in / to the Said Colony. The power back up for plot size
ranging between 100 to 225 sq. mtr shall be upto 20 KW, for plot size more than 225 sq mtr ranging upto
325 sq mtr shall be upto 25 KW, and for plot size above 325 sq mtr upto 30 KW, at a load factor of 70% and
overall diversity of 70%. The power back up may be made available through DG sets of suitable capacity
installed within the Said Colony or anywhere else.
(b)
Charges for Power Backup
The Allottee would be charged on monthly basis for all the costs of power consumed by the Allottee
(power backup and UHBVNL supply) as indicated in the meter which may be installed by the
Company/its nominee/ Maintenance Agency at the cost of the Allottee. The Maintenance Agency shall
charge for the power consumed based on the expenditure incurred for diesel, spares, depreciation, other
wear and tear, repairs, other consumables etc.; at cost plus 20% and the same would be billed as a part of
the maintenance bills which will also include other maintenance charges for maintenance and upkeep of
the Said Colony as described above. Failure to pay the maintenance bills including the cost of power back
up as described above, shall entitle the Company/its nominee (including Maintenance Agency) to
withhold the provision of maintenance services including the back up /electricity supply and the
provision to this effect shall also be incorporated in the sale deed.
(c)
Bulk supply of Electrical Energy
In the event the Company (or its nominee) decides to apply for and thereafter receives permission, from
Uttar Haryana Bijli Vitran Nigam Ltd. (UHBVNL)/Haryana Electricity Regulatory Commission (HERC)
or from any other body/commission/regulator/licensing authority constituted by the Government of
Haryana for such purpose, to receive and distribute bulk supply of electrical energy in the Said Colony,
then the Allottee undertakes to pay on demand to the Company (or its nominee) proportionate share as
determined by the Company (or its nominee) of all deposits and charges paid/ payable by the Company
(or its nominee) to UHBVNL/HERC any other body/commission/regulatory /licensing authority
constituted by the Government of Haryana, failing which the same shall be treated as unpaid portion of
the sale price payable by the Allottee for the Said Plot and the conveyance of the Said Plot shall be
withheld by the Company till full payment thereof is received by the Company (or its nominee) from the
Allottee. Proportionate share of cost, incurred by the Company (or its nominee) for creating
infrastructure like HT Feeder, EHT Sub station etc. shall also be payable by Allottee on demand. Further
the Allottee agrees that the Company (or its nominee) shall be entitled in terms of the Maintenance
Agreement to withhold electricity supply to the Said Plot till full payment of such deposits and charges is
received by the Company (or its nominee). Further in case of bulk supply of electrical energy, the Allottee
agrees to abide by all the conditions of sanction of bulk supply including but not limited to waiver of the
Allottees’ rights to apply for individual/direct electrical supply connection directly from UHBVNL or
any other body responsible for supply of electrical energy. The Allottee agrees to pay any increase in the
deposits, charges for bulk supply of electrical energy as may be demanded by the Company (or its
nominee), from time to time.
(d)
Generation and/or supply of Power to the Said Colony
The Allottee agrees and understands that the Company or its agents/subsidiaries/ associates/affiliates
or sister concerns may, at its sole discretion and subject to such Government approvals as may be
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necessary; enter into an arrangement of generating and/or supplying power to the Said Colony and any
other project/complex which the Company (or its nominee/affiliates) may develop in future. In such an
eventuality the Allottee fully concurs and confirms that the Allottee shall have no objection to such
arrangement for generating and/or supply of power and the Allottee gives complete consent to such an
arrangement including it being an exclusive source of power supply to the Said Colony directly and the
Allottee has noted the possibility of it being to the exclusion of power supply from UHBVNL/ State
Electricity Boards (SEBs)/ any other source. The Allottee further agrees that this arrangement could be
provided within the Said Colony/future project/colonies by the Company or its agents directly or
through the respective association of owners. It is further agreed by the Allottee that the Company (or its
nominee/affiliates) or its agents shall have the sole right to select the site, capacity and type of the power
generating and supply equipment/ plant as may be considered necessary by the Company (or its
nominee/affiliates) in its sole discretion from time to time. The said equipment/plant may be located
anywhere as may be decided by the Company (or its nominee/affiliates) in its sole discretion.
It is further agreed and confirmed by the Allottee that the Company (or its nominee/ affiliates) or its
agents shall have the right to charge tariff for providing /supplying the power at the rate as may be fixed
from time to time by the Company (or its nominee/affiliates) which may or may not be limited to the rate
then charged by the UHBVNL /State Electricity Boards (SEBs). The Allottee agrees and confirms that the
Allottee shall pay the amount based on the tariff to the Company (or its nominee/affiliates) or its agents
directly for consuming the power so supplied but shall have no ownership right, title or interest in the
equipment so installed by the Company (or its nominee/affiliates) or its agents. The Allottee also
confirms that the Allottee has understood that such power generating and/or supplying equipment may
during its operation cause inconvenience to the Allottee and the Allottee shall have no objection to the
same. The Allottee shall be liable to pay the consumption charges during the time of Allottee’s ownership
of the Said Plot. This clause shall survive the conveyance of the Said Plot or any subsequent sale/resale or
conveyancing thereof.
15.
Aesthetics
In case the Company provides standard design options for individual plots for construction of boundary
wall/fence/grill as the case may be and the gate, then the Allottee undertake(s) to choose one of the
options and adhere to the same in the best interest of maintaining the aesthetics of the Said Colony.
16.
Registration of Sale Deed
The Allottee shall pay, as and when demanded by the Company, the Stamp Duty, registration charges, as
applicable, and all other incidental and legal expenses for execution and registration of sale deed of the
Said Plot in favour of the Allottee which shall be executed and got registered after receipt of the full sale
price and other charges as set out in this Agreement.
17.
Compliance of the terms of Payment and Interest on Late Payments
It shall be incumbent on the Allottee to comply with the terms of payment and/or other terms and
conditions of this Agreement failing which Allottee shall forfeit to the Company the entire amount of
Earnest Money, interest on delayed payment, brokerage, other charges and taxes, if any incurred by the
Company etc. and this Agreement shall stand cancelled. The Allottee shall be left with no lien, right, title,
interest or any claim of whatsoever nature in the Said Plot. The Company shall thereafter be free to
resell/re-allot and/or deal with the Said Plot in any manner whatsoever at its sole discretion. The
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amount(s), if any, paid over and above the Earnest Money, processing fee, interest on delayed payment,
brokerage, other charges and taxes, if any incurred by the Company etc. would be refunded to the
Allottee by the Company only after realising such amounts to be refunded on resale/re-allotment of the
Said Plot but without any interest or compensation of whatsoever nature. The Company shall have the
first lien and charge on the Said Plot for all its dues payable by the Allottee to the Company.
Without prejudice to the Company’s aforesaid rights, the Company may at its sole discretion waive the
breach by the Allottee in not making payments as per the Payment Plan, but on the condition that the
Allottee shall pay to the Company, interest which shall be charged for the first ninety (90) days from the
due date @ 15 % per annum and for all periods exceeding first ninety (90) days after the due date @ 18 %
per annum with quarterly rests.
18.
Nominations
It is made clear to the Allottee and the Allottee agrees that the Company shall not permit any transfer or
nomination till 6 (Six) months from the date of execution of this Agreement. However, subsequent to the
6 (Six) months period, the Company may, at its sole discretion, upon payment of monies and transfer
charges as applicable from time to time, and subject to applicable laws and notifications or any
directions/orders, etc. of any Government/or statutory authority as may be in force and upon receiving
a written request from the Allottee, permit the Allottee to get the name of the Allottee/ any of the
Allottee’s nominees’/transferees’, substituted in the Allottee’s place subject to such terms and
conditions as the Company may impose. The Allottee shall be solely responsible and liable for all legal,
monetary or any other consequences that may arise from such nominations. It is specifically made clear
to the Allottee that, as understood by the Company, at present there are no restrictions imposed by the
competent authority(ies) to restrict any nomination / transfer / assignment of allotted plots. However,
in the event of any imposition of any restrictions at any time after the date of this Agreement restricting
the nomination/ transfer / assignment of allotted plot by any authority, the Company will have to
comply with the same and the Allottee has specifically noted the same.
19(a)
Company’s right to raise finance
The Allottee hereby authorize(s) and permits the Company to raise finance/loan from any Financial
Institution/Bank by way of Mortgage/charge/securitization of receivables of the Said Plot subject to the
Said Plot being free of any encumbrances at the time of execution of sale deed. The Company/financial
institution/bank shall always have the first lien/charge on the Said Plot for all its dues and other sums
payable by the Allottee or in respect of the loan granted for the purpose of construction.
(b)
No objection certificate from the Banks and Financial Institutions for execution of Sale Deed
In case of the Allottee who has made arrangement with any Financial Institutions/Banks, the conveyance
of the Said Plot in favour of the Allottee(s) shall be executed only upon the Company receiving No
Objection Certificate from such Financial Institutions/Banks.
(c)
In case the Allottee wants to avail of a loan facility from financing bodies to facilitate the purchase of
the Said Plot then:(I)
The terms of the financing agency shall be binding and applicable upon the Allottee.
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(II)
20.
The responsibility of getting the loan sanctioned and disbursed as per the Company’s Payment
Plan will rest exclusively on the Allottee. In the event of the loan not being sanctioned or the
disbursement getting delayed, the payment to the Company, as per schedule, shall be ensured
by the Allottee.
Indemnification
The Allottee hereby covenants to the Company to pay from time to time and at all times, the amounts
which the Allottee is liable to pay as agreed and to observe and perform all the covenants and conditions
of sale and to keep the Company and its agents and representatives, estate and effects, indemnified and
harmless against the said payments and observance and performance of the said covenants and
conditions and also against any loss or damages that the Company may suffer as a result of nonpayment, non-observance or non performance of the said covenants and conditions by the Allottee.
21.
Compliance with Laws, Notifications etc.
The Allottee confirms that he has entered into this transaction with the full knowledge and
understanding of this Agreement and subject to all the laws and notifications and rules applicable to this
area, including terms and conditions of the Licence(s) granted by the Director General Town and
Country Planning, Government of Haryana, for setting up the Said Colony and the undertakings given
by the Company/Land Owners to the Director General Town and Country Planning, Government of
Haryana, in this regard and that the Allottee has familiarised himself with all the aforesaid and other
applicable agreements, arrangements, undertakings, conditions on inspection of the documents with the
Company.
22.
Cancellation of License
The Allottee(s) confirms that he has satisfied himself about the competency of the Company to undertake
the development, marketing and sale of the plots in the Said Colony and that he has fully understood all
limitations and obligations in respect of it and there shall not be any further investigation or objection by
the Allottee in this behalf. If for any reason whatsoever, the Said License(s) to establish the Said Colony or
any part of it granted to the Company hereinabove mentioned, is or are cancelled by any authority, then
the Company shall be entitled to challenge its validity and efficacy before appropriate Courts, Tribunals
and Authorities, and in such an event, during the pendency of the proceedings and until their final
determination by the highest Court or Tribunal or Authority, the money(ies) paid by the Allottee in
pursuance of this Agreement shall continue to remain with the Company and the Allottee shall not
require of the Company the specific performance of the terms of this Agreement and this Agreement
shall remain in abeyance until the final determination, as aforesaid. In the event of such cancellation
order becoming final, if any compensation is paid or promised by the Authorities then the Allottee will be
entitled to claim and receive from the Company along with other allottees such compensation on pro rata
basis as and when the same is finally determined and received by the Company. If no compensation is
paid or promised to be paid then the Company shall refund to the Allottee the amount(s) paid by him in
four equal yearly installments without any interest, less the pro-rata expenses incurred by the Company
for development of the land, brokerage paid, marketing expenses, other charges and taxes incurred by
the Company. Save as aforesaid, the Allottee will have no other claim of any nature whatsoever against
the Company.
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23.
Compliance with Foreign Exchange Management Act (FEMA), 1999
It is abundantly made clear that in respect of all remittances, acquisition/ transfer of the Said Plot it shall
be the sole responsibility of non-resident/foreign national of Indian origin to comply with the provisions
of Foreign Exchange Management Act (FEMA), 1999, and rules and regulations made there-under or
statutory enactments or amendments thereof and the rules and regulations of the Reserve Bank of India
or any other applicable law and provide the Company with such permissions, approvals which would
enable the Company to fulfill its obligations under this Agreement. Any refund, transfer of security if
provided in terms of this Agreement shall be made in accordance with the provisions of FEMA, and rules
and regulations made there under or statutory enactments or amendments thereof and the rules and
regulations of the Reserve Bank of India or any other applicable law. The Allottee understand(s) and
agrees that in the event of any failure on Allottees’ part to comply with the prevailing exchange control
guidelines issued by the Reserve Bank of India, Allottee shall be liable for any action under the FEMA,
and rules and regulations made there-under as amended from time to time. The Allottee(s) shall keep the
Company fully indemnified and harmless in this regard. The Company accepts no responsibility in this
regard.
24.
Notices and Communications
The Allottee shall inform the Company in writing any change in the mailing address mentioned in this
Agreement failing which all demands, notices etc. by the Company shall be mailed to the address given
in this Agreement and deemed to have been received by the Allottee. In case of joint allottees, all
communications shall be sent to the first named allottee in this Agreement which shall for all purposes be
considered as service on all the allottee(s) and no separate communication will be necessary to the other
named allottee(s) and the Allottee has agreed to this condition of the Company.
25.
Appropriation of Total Price
The Company may, in its sole discretion, appropriate towards the Total Price of the Said Plot, the
amounts received from the Allottee in any head/account and the appropriation so made shall not be
questioned by the Allottee. The sale deed shall, however, be executed only after the outstanding amounts
under all the heads are paid in full.
26.
Binding Effect
The execution of this Agreement will be complete only upon its execution by the Company through its
authorised signatory at the Company’s office in Panchkula/Chandigarh after the copies duly executed
by the Allottee are received by the Company. Hence this Agreement shall be deemed to have been
executed in Panchkula even if the Allottee has executed this Agreement at any place(s) other than
Panchkula.
27.
Payment of Taxes
The Allottee shall bear and pay taxes of all and any kind whatsoever (or his share of it) whether levied or
leviable now or in future on the lands and/or building(s) as the case may be, from the date of Application
and so long as each plot is not separately assessed for such taxes for the land and/or building(s).The same
shall be payable and be paid by the Allottee in proportion to the total area of the Said Plot. Such
apportionment shall be made by the Company or any other agency as the case may be and the same shall
be conclusive, final and binding upon the Allottee.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 20
X_____________________
DLF
28.
Ownership with the Land Owners and exclusive possession with the Company till the execution of
Sale Deed
The Allottee agrees that unless a sale/conveyance deed is executed in the Allottee’s favour, the Land
Owners shall continue to be the owners of the Said Plot and the Company as a developer shall have the
exclusive possession of the Said Colony and this Agreement shall not give any right, title or interest in the
Said Plot to the Allottee.
29.
Provisions Binding on future Buyers/Assignees
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 Said Plot shall equally be applicable to and
enforceable against any and all future Buyers/assignees of the Said Plot, as the said obligations go along
with the Said Plot for all intents and purposes, subject to the provisions mentioned in clause 18 herein
above.
30.
Execution of other Documents/Instruments
The Allottee and the persons to whom the Said Plot is transferred, assigned or given possession shall
execute, acknowledge and deliver to the Company such instruments and take such other actions, in
addition to the instruments and actions specifically provided for herein, as the Company may reasonably
request 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.
31.
Company’s Lien
The Company shall have the first lien and charge on the Said Plot for all its dues and other sums payable
by the Allottee to the Company as per the terms and conditions of this Agreement and the Payment Plan.
32.
Clear Title
Subject to the Allottee’s timely fulfilling all his obligations herein and there being no bar from any
Government or any other Competent Authority, the Company covenants that it shall pass on a clear title,
free from any encumbrance, in respect of the Said Plot in favour of the Allottee.
33.
Right to join as an affected party
The Allottee agree(s) that the Company shall have right to join as an affected party in any appropriate
Court if the Company’s rights under this Agreement are likely to be affected/prejudiced in any manner
by the decision of the Court on such suit/complaint in which the Allottee is a party. The Allottee agrees to
keep the Company fully informed at all times in this regard.
34.
Force Majeure
It is agreed between the parties that the sale of the Said Plot is subject to force majeure conditions which
shall mean any event or combination of events or circumstances beyond the control of the 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 Company’s ability to perform obligations under this Agreement, which shall include but not
be limited to:
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 21
X_____________________
DLF
(a)
acts of God i.e. fire, drought, flood, earthquake, epidemics, natural disasters;
(b)
explosions or accidents, air crashes and shipwrecks, act of terrorism;
(c)
strikes or lock outs, industrial dispute;
(d)
non-availability of cement, steel or other construction material due to strikes of manufacturers,
suppliers, transporters or other intermediaries or due to any reason whatsoever;
(e)
war and hostilities of war, riots, bandh, act of terrorism or civil commotion;
(f)
the promulgation of or amendment in any law, rule or regulation or the issue of any injunction,
court order or direction from any Governmental Authority that prevents or restricts a party
from complying with any or all the terms and conditions as agreed in this Agreement;
(g)
any legislation, order or rule or regulation made or issued by the Govt. or any other Authority or
if any Governmental Authority(ies) refuses, delays, withholds, denies the grant of necessary
approvals for the Said Complex/ Said Building or if any matters, issues relating to such
approvals, permissions, notices, notifications by the Governmental Authority (ies) become
subject matter of any suit / writ before a competent court or; for any reason whatsoever;
(h)
any event or circumstances analogous to the foregoing.
If the possession of the Said Plot is delayed due to Force Majeure conditions, then the Company shall be
entitled to extension of time for delivery of possession of the Said Plot. The Company during the
continuance of the Force Majeure, reserves the right to alter or vary the terms and conditions of this
Agreement or if the circumstances so warrant, the Company may also suspend the development of the
project for such period as is considered expedient, the Allottee agrees and consents that the Allottee shall
have no right to raise any claim, compensation of any nature whatsoever for or with regard to such
suspension.
The Allottee agrees and understands that if the Force Majeure condition continues for a long period, then
the Company alone, in its own judgment and discretion, may terminate this Agreement and in such case,
the only liability of the Company shall be to refund the amounts without any interest or compensation
whatsoever. The Allottee agrees that the Allottee shall have no right or claim of any nature whatsoever
and the Company shall be released and discharged of all its obligations and liabilities under this
Agreement.
35.
Supercession of the Application upon execution of this Agreement
It is specifically understood by the Allottee that upon execution, the terms and conditions as set out in this
Agreement shall supersede the terms and conditions as set out in the Application.
36.
Waiver not a limitation to enforce
That, failure of either party to enforce at any time or for any period of time the provisions hereof shall not
be construed to be a waiver of any provision or of the right thereof to enforce each and every provision.
37.
Captions/Headings
The captions/headings in this Agreement are for easy reading and convenience and are of indicative
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 22
X_____________________
DLF
nature only and in no way define, limit or describe the scope of this Agreement or the intent of any
provision hereof. The true interpretation of any matter/clause in this Agreement shall be done by
reading the various clauses and the Agreement as a whole and not in isolation or in parts or in terms of
captions provided.
38.
Laws of India
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.
39.
Brokerage
In case the Allottee has to pay any commission or brokerage to any person for services rendered by such
person to the Allottee whether in or outside India for acquiring the Said Plot for the Allottee, in that event
the Company makes it clear that it shall in no way whatsoever be responsible or liable thereof and no
such commission or brokerage shall be deductible from the amount of Total Price agreed to be payable to
the Company for the Said Plot. Further the Allottee undertakes to indemnify and hold the Company free
and harmless from and against any or all liabilities and expenses in this connection.
However, if the Company has paid commission to a broker on behalf of the Allottee, then the company
shall retain the amount of brokerage as part of non refundable amounts in case of cancellation of
allotment or otherwise.
40.
Execution of Agreement
Two copies of this Agreement shall be executed and the Company shall retain the one copy of this
Agreement and send the other executed copy to the Allottee for his reference and record.
41.
Entire Agreement
This Agreement constitutes the entire agreement between the parties and revokes and supersedes all
previous agreements between the parties concerning the matter concerned herein whether oral, written
or implied and variation in any of the terms hereof, except under the signature of the authorised
signatory of the Company, shall not be binding on the Company.
42.
Joint Allottee(s)
In case there are Joint Allottee(s), all communications shall be sent by the Company to the Allottee whose
name appears first and at the address given by him which shall for all purposes be considered as service
on all the allottee(s) and no separate communication will be necessary to the other named Allottee and
the Allottee has agreed to this condition of the Company.
43.
Transfer of Ownership of the Said Colony
The Allottee agrees that the Company shall have the right to transfer ownership of the Said Colony in
whole or in parts to any other entity such as any partnership firm, body corporate(s) whether
incorporated or not, association or agency by way of sale / disposal /or any other arrangement as may be
decided by the Company without any intimation, written or otherwise to the Allottee and the Allottee
shall not raise any objection in this regard.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 23
X_____________________
DLF
44.
Certain References
For all intents and purposes and for the purpose of the terms and conditions set out in this Agreement,
singular includes plural and masculine includes the feminine gender and the words ‘it, they, its,’ and
such like words as may be occurring in this Agreement shall carry the same meaning and purpose as the
word ‘Allottee’ so far as the context may permit.
45.
Right to amend terms and Conditions
The Allottee agrees and understands that the terms and conditions of the Agreement may be
modified/amended by the Company in accordance with any directions/order of any court of law,
Governmental Authority, in compliance with applicable law and such amendment shall be binding on
the Allottee.
The Company further reserves the right to correct, modify, amend or change all the annexures attached
to this Agreement and also annexures which are indicated to be tentative at any time prior to the
execution of the Sale Deed of the Said Plot.
46.
Dispute Resolution by Arbitration
All or any disputes arising out or touching upon or in relation to the terms 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
arbitration. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996
or any statutory amendments/modifications thereof for the time being in force. The arbitration
proceedings shall be held at an appropriate location at Chandigarh by a sole arbitrator who shall be
appointed by the Company. The Allottee hereby confirms that the Allottee shall have no objection to
such appointment by the Company or have any doubts about the impartiality of the sole arbitrator,
appointed by the Company. The Courts at Panchkula alone and the Punjab & Haryana High Court at
Chandigarh alone shall have the jurisdiction in all matters arising out of/ touching and/or concerning
this Agreement regardless of the place of execution of this Agreement which is deemed to be at
Chandigarh.
IN WITNESS WHEREOF, the parties hereto have set and subscribed their respective hands at the places and on
the day, month and year mentioned under their respective signatures.
SIGNED AND DELIVERED BY THE WITHIN NAMED
Allottee: (including joint Allottees)
(1)
________________________________
(2)
________________________________
at___________________on _____________in the presence of:
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 24
X_____________________
DLF
WITNESSES:
1.
Signature _____________________________________
Name ________________________________________
Address ______________________________________
______________________________________________
(to be completed by the Allottee)
2.
Signature _____________________________________
Name ________________________________________
Address ______________________________________
______________________________________________
SIGNED AND DELIVERED BY THE WITHIN NAMED_________________________________________________
For and on behalf of Company____________________________________________________________________
at________________________________________________on_____________________________________________
In the presence of:
WITNESSES:
1.
Signature _____________________________________
Name ________________________________________
Address ______________________________________
______________________________________________
FOR AND ON BEHALF
DLF HOMES PANCHKULA PVT. LTD.
2.
Signature _____________________________________
Name ________________________________________
Address ______________________________________
______________________________________________
_____________________________
(AUTHORISED SIGNATORY)
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 25
X_____________________
DLF
ANNEXURE-I
LIST OF APPROVALS
1.
License No 11 of 2010 dated 2/2/1010 & License No 114 of 2011 dated 23/12/2011.
2.
Layout Plan for an area of 175.593 Acres vide Drg No DGTCP 4090 dated 5/9/2013.
3.
Environment Clearance by MOEF, N. Delhi letter no 21-868/2007-IA.III dated 12/11/2008.
4.
Central Ground Water Authority, Ministry of Water Resources, GOI vide letter No. 214(461)/NWR/CGWA/2011-1516 dated 12 Oct 2011.
5.
Letter No AirHQ/S 17726/4/ATS (PC-CCXLVIII)/32/F/08-D (Air-II), Government of India, Ministry
of Defence, N.Delhi dated 24/01/2008.
6.
Consent to Establish vide letter No HSPCB/TAC(HQ)/2010/2981 dated 01/10/2010 and Letter No
HSPCB/TAC/2012/1913 dated 15/11/2012
7.
Consent to Establish vide letter No HSPCB/TAC/2013/449 dated 01/05/2013
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 26
X_____________________
DLF
ANNEXURE-III
PAYMENT PLAN
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 31
X_____________________
DLF
ANNEXURE-IV
MAINTENANCE AGREEMENT
This Agreement is made at________________on this day_________________ of________________________.
AMONGST
1)
DLF ______________________________, a Company registered under the Companies Act, 1956 having
its registered office at _______________________________________________ (hereinafter referred to as
the “Company”, which expression shall, unless repugnant to the context or meaning thereof, be
deemed to mean and include its successors and assigns) through its authorised signatory
Shri ______________________________________________, S/o ___________________________________,
R/o________________________________________________________________________________, of the
First Part;
AND
2)
______________________________, registered under the Societies Registration Act, 1860 (hereinafter
referred to as the “Association” which expression shall, unless repugnant to the context or meaning
thereof, be deemed to mean and include its successors and assigns) through its authorized signatory
Shri ____________________________________________, S/o _____________________________________,
R/o________________________________________________________________________________, of the
Second Part;
AND
3)
1.
Shri/ Smt._____________________________________________________
Son/Daughter/Wife of Shri ______________________________________
Resident of ____________________________________________________
______________________________________________________________
*2.
Shri/ Smt._____________________________________________________
Son/Daughter/Wife of Shri ______________________________________
Resident of ____________________________________________________
______________________________________________________________
(* to be filled up in case of joint purchasers)
(Hereinafter singly/jointly, as the case may be, referred to as the “User” which expression shall, unless repugnant
to the context or meaning thereof, include his/her heirs, executors, administrators, legal representatives and
successors) of the Third Part;
OR
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 32
X_____________________
DLF
** M/s. _____________________________________________________________________________ a partnership
firm duly registered under the Indian Partnership Act, 1932 (hereinafter referred to as “User” which expression
shall, unless repugnant to the context or meaning thereof, include all the partners of the partnership firm and their
heirs, legal representatives, administrators, executors and successors) of the Third Part acting through its partner
authorised by resolution dated______________ Shri / Smt. ______________________________________________.
OR
** _____________________________________________________________________________________ a Company
registered under the Companies Act, 1956, having its registered office at ____________________________ and
Corporate Identification Number __________________ (hereinafter referred to as “User” which expression shall,
unless repugnant to the context or meaning thereof, include its successors and assigns) of the Third Part acting
through its duly authorised signatory Shri/Smt. _____________________________________________ authorised
by Board resolution dated__________________ Of the Other Part.
**Strike out whichever is not applicable
WHEREAS the User has entered into the Agreement (hereinafter defined) for the purchase of the Said Plot
(hereinafter defined) in the Said Project (hereinafter defined) and has taken possession / is in process of taking
possession.
AND WHEREAS the Agreement contained a stipulation for the provision of the Maintenance Services
(hereinafter defined) by the Company/Association on the payment of charges thereof by the User.
AND WHEREAS the User has, in accordance with the Agreement, deposited / in the process of depositing IBMS
(hereinafter defined) with the Company/Association.
AND WHEREAS the Company/ Association/ User wants the Common Areas and Facilities (hereinafter
defined) and services to be maintained by the Maintenance Agency (hereinafter defined) and the Maintenance
Agency is agreeable to maintain the Common Areas and Facilities and services on the terms and conditions
contained hereinafter.
AND WHEREAS the Company /Association has handed over the maintenance of the assets and equipments
installed for providing Maintenance Services within the Said Building (hereinafter defined) and Said Project and
the Common Areas and Facilities situated within the Said Project/ Said Building to the Maintenance Agency for
the Maintenance Services.
AND WHEREAS on the User's undertaking to abide by the terms and conditions of this Maintenance
Agreement and subject to the other terms and conditions of this Maintenance Agreement, the Maintenance
Agency has agreed to provide the Maintenance Services.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED
BY AND AMONGST THE PARTIES HERETO AS FOLLOWS:
Definitions and Interpretation:
In this Maintenance Agreement, the following words and expressions when capitalized shall have the meaning
assigned herein. When not capitalized, such words and expressions shall be attributed their ordinary meaning.
“Agreement” shall mean the Plot buyer's agreement dated _____________ entered into between the Company
and the User for the sale of the Said Plot to the User.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 33
X_____________________
DLF
“Common Areas and Facilities” shall mean such common areas and facilities within the Said Building/ Said
Project which are earmarked for common use by the residents/occupants of the Said Building/Said Project
including items as mentioned in Annexure IV of the Agreement.
“IBMS” means an amount of Rs.50/- per sq. ft. of the super area of the Said Plot, to be paid by the Allottee as
security for the payment of the Maintenance Charges, payable as per the payment plan, to the Company/
Maintenance Agency, which shall carry a simple yearly interest as per the applicable rates on fixed deposits
accepted by State Bank of India at the close of each financial year on 31st March of each year, to be adjusted in the
manner to be stated in the Agreement.
“Maintenance Agency” means the person (s) responsible for providing the Maintenance Services within the Said
Project, which includes any person, body corporate, association, sole proprietorship, corporation, joint venture,
trust, any government agency or any other organisation that may be appointed by the Company for carrying out
maintenance and upkeep of the Said Project.
The Maintenance Agency reserves the right to modify, revise all or any of the terms of the maintenance security
including but not limited to amount/ rate of the maintenance security.
“Maintenance Agreement” shall mean this maintenance agreement along with all annexures, schedules, terms
and conditions attached thereto.
“Maintenance Charges” shall mean the charges payable by the User to the Maintenance Agency for the
Maintenance Services but this does not include the charges for actual consumption of utilities in the Said Plot
including but not limited to electricity and water charges which shall be charged on monthly basis as per actual
consumption/ usage and also does not include any statutory payments/taxes with regard to Said Project/ Said
Building/ Said Plot. The maintenance charges will be calculated on the basis of actual cost of Maintenance
Services.
The Maintenance Charges with respect to the Said Plot will be computed as under:
(Total cost of Maintenance Services/ Total super area of all the Plot) X The super area of the Said Plot.
“Maintenance Services” shall mean such services for the maintenance of Common Areas and Facilities and for
providing utilities including but not limited to as specified under clause ______ hereof, to be rendered by the
Maintenance Agency.
“Said Plot” shall mean the plot applied for by the Applicant, details of which has been set out in the Application
and includes any alternative plot, if allotted to the Applicant in lieu of the Said Plot.
“Said Building” means the building in the Said Project, in which the Said Plot may be located.
“Said Project” shall mean proposed residential project to comprise of plots, affordable housing, apartment
buildings, club, community centre, convenient shopping centers, schools, etc. to be developed on the Said Land
under the name and style of “_____________” in which the Said Plot shall be constructed and developed as more
appropriately described in the layout plans approved by the DTCP.
“Said Land” shall mean the land admeasuring 175.593 Acres (approximately), situated at Village Bhagwanpur
& Islam Nagar, Tehsil Kalka, District ____________, _______, as per licence no. 11 of 2010 & 114 of 2011 issued by
DGTCP, Haryana, Chandigarh;
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 34
X_____________________
DLF
For all intents and purposes and for the purpose of the terms and conditions set out in this Application, singular
includes plural and masculine includes feminine gender.
1.
MAINTENANCE SERVICES AND THEIR SCOPE
Subject to the terms and conditions of this Maintenance Agreement and User's compliance of the terms of
the Agreement/conveyance deed executed by the Company for the Said Plot and subject to the timely
payment of the Maintenance Charges, the Maintenance Agency shall ensure provision of the
Maintenance Services in accordance with the Maintenance Agreement during the term of this
Maintenance Agreement.
The Maintenance Services shall include the following :
A.
For the Said Project/ Said Building:
i)
Maintenance of the Common Areas and Facilities as specified in Annexure IV to the Agreement,
ii)
Maintenance of open spaces ,compound wall, landscaping, roads, paths and such other spaces
within the boundary wall of the Said Project including maintenance of equipment for providing
utilities,
iii)
Operation and Maintenance of electrification equipments and ancillaries installed within the
Said Project/ Said Building under bulk electric supply scheme, power back-up and sub-stations
connected with supply of electrical energy and equipments installed in the Said Building/ Said
Project for filtration, water supply, sewerage, sewage treatment plant, water treatment plant in
the Said Project.
iv)
Security services for the Said Building/Said Project.
v)
Insurance of the Said Project/Said Building including any structure, equipments installed in the
Said Building/ Said Project.
vi)
Repairing, renewing or replacing any component, structure etc., falling within or not in the
Common Areas and Facilities, as the Maintenance Agency may deem fit.
vii)
Provide such other maintenance services as the Maintenance Agency may deem fit with regard
to the maintenance of the Said Project/ Said Building.
For the avoidance of doubt, it is clarified that Maintenance Agency may add, withhold or vary any of the
Maintenance Services if the Maintenance Agency considers the addition, withholding or variation of
such services to be necessary or desirable for the upkeep and maintenance of the Said Project or part
thereof which may have the effect of increase, or if so required by lawful authority, in the Maintenance
Charges.
2.
MAINTENANCE CHARGES:
The User agrees and undertakes to pay, on quarterly basis, the Maintenance Charges in advance, as per
the bills raised by the Maintenance Agency in this regard, at the beginning of every quarter. The User
understands that as per the Agreement, the Maintenance Charges are to be levied from the date of grant
of occupation certificate by the competent authority for the Said Project.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 35
X_____________________
DLF
At the end of each financial year, Maintenance Agency shall get its account audited and the expenses
incurred would form basis of estimate for billing in the subsequent financial year. If there shall be any
surplus/deficit arising at the end of the financial year after audit, the same shall be adjusted in the bills
raised in the subsequent financial year in a manner that the amount may be refunded/recovered from
subsequent bills to the User.
The basis for the Maintenance Charges to be billed to the User shall be as under:
3.
A.
Maintenance Services:
i)
The Maintenance Charges shall be calculated by taking into account the entire cost incurred by
the Maintenance Agency for rendering total services and the bills for the same shall be raised
quarterly in advance.
ii)
The Maintenance Agency shall also bill the charges relating to the operation and maintenance of
various services in _____ in which the Said Project/ Said Plot is located.
B.
Utilities:
i)
The Maintenance Agency shall bill, monthly, for the consumption of electrical energy inside the
Said Plot based on number of units consumed as indicated by the meter(s) installed in the Said
Plot at pre-determined rates (which for want of a more suitable standard / rate shall correspond)
to the rates charged by Uttar Haryana Bijli Vitran Nigam Limited (UHBVNL) to its direct
consumers) falling in the schedule of tariff as applicable from time to time to the Said Plot. The
bill shall also include meter hire charges and a minimum demand charge if the consumption falls
below the minimum demand.
ii)
The cost of electrical energy paid by Maintenance Agency to UHBVNL and/or the cost of
operating (including fuel etc.) and maintaining standby DG Set(s) and deducting therefrom,
actual receipts from billing of electrical energy to all the Users of the Said Project on account of
electrical energy consumed, monthly, inside their respective Said Plot. The resultant net
expenditure shall be treated as common maintenance charges and billed to individual Users in
proportion to the super area of their respective apartments. It is clarified and understood by the
Users that Maintenance Charges are inclusive of cost incurred in arranging electrical energy
from UHBVNL and/or from standby DG Set(s) net of the receipts from bills paid by the Users
shall have automatically and accurately reflected the net income or loss incurred with regard to
bulk supply of electrical energy in the hands of Maintenance Agency.
Procedure of billing and payment:
i)
The Maintenance Agency shall, at the beginning of each quarter, raise the bill for Maintenance
Charges as mentioned in clause 2A on the User. The User undertakes to pay the entire amount of
Maintenance Charges as stated in the bill on or before the due date specified. No part payment
shall be accepted and even if the Maintenance Agency accepts it, the same shall, nevertheless
constitute default by the User.
ii)
The Maintenance Agency shall raise bills for utilities as per clause 2B on the User for actual
consumption of utilities including but not limited to electricity and water charges. The User
undertakes to pay the entire amount of as stated in the bill on or before the due date specified. No
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 36
X_____________________
DLF
part payment shall be accepted and even if the Maintenance Agency accepts it, the same shall,
nevertheless constitute default by the User.
iii)
All payments shall be made by the User through Crossed Cheque/ Demand Draft only, drawn in
favour of the Maintenance Agency payable at _________ and shall be deemed to have been paid
only when the amounts are credited to the accounts of the Maintenance Agency.
iv)
In the event of delay/default by the User in payment of the Maintenance Charges/ utilities
bills by the due date mentioned in the bills, the Association/Maintenance Agency shall have
the right to adjust the unpaid amount, in the first instance from the interest accrued on the
IBMS and if such accrued interest falls short of the unpaid Maintenance Charges, the
Association/Maintenance Agency shall have the right to adjust the same from the principal
amount of IBMS.
v)
In case due to the aforesaid adjustment, the principal amount of IBMS falls below the required
amount, then the User shall be liable to make good such short fall within fifteen (15) days failing
which the User shall be liable to pay interest @ 18% p.a. on the unpaid amount for the period of
delay in payment after the due date. If the User defaults in making the shortfall within a further
period of fifteen (15) days, the Maintenance Agency shall have the right to withhold/
discontinue the Maintenance Services/ utilities for the Said Plot, at any time, without any further
notice.
Notwithstanding anything contained herein, the Maintenance Agency shall have the first charge
on the Said Plot for the recovery of the aforesaid unpaid amounts (including interest thereon).
Without prejudice to the right to the Maintenance Agency to recover the Maintenance Charges/
utilities bills in the aforesaid manner and to charge interest for the period of delay, the unpaid
bill shall be deemed to be a notice to the User to the effect that if the amounts stated in the bill is
not paid by the due date, the Maintenance Agency shall have the right to discontinue the
provision of Maintenance Services/utilities/ to run and operate the equipments of utilities to
the User till the date of payment of the unpaid amount along with interest.
vii)
All returned/dishonoured cheques shall be subject to legal action under the provisions of
Negotiable Instrument Act, 1881 or any modification thereof apart from civil action for recovery
of the amount. The Maintenance Agency shall be entitled to recover bank charges in addition to
bill amount, interest at the rate of 18% p.a. and other charges as provided in this Agreement in
case of dishonoured cheques.
(viii)
The payment of bill shall not be held up/ delayed even if there are any differences or disputes as
to its accuracy. Any such difference or disputes regarding accuracy of the bill shall be separately
settled as provided in Clause 7 of this Agreement.
ix)
Notwithstanding any clause of this Agreement, the liability of the Maintenance Agency to
provide Maintenance Services is conditional on the Maintenance Agency getting the
Maintenance Charges/utilities bills within the stipulated time from all the users, in no event less
than 75-80% of the actual users. In the event there is a default by more than 20-25% of the
apartment owners to pay the Maintenance Charges/ utility bills the Maintenance Agency shall
not be obliged to provide any Maintenance Services and/or run or operate the utilities
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 37
X_____________________
DLF
equipments to any of the apartment owners till the date the unpaid amounts are received,
irrespective of the Maintenance Charges paid by any apartment owner.
(x)
4.
In the event the User has paid the IBMS in favour of the Association and the Association has
appointed another maintenance agency for maintaining the Said Project/Said Building then in
that event, the User may be required to issue a fresh cheque towards IBMS in favour of the said
Maintenance Agency. However, that would be subject to the User receiving a refund cheque of
the IBMS amount paid earlier to the Association.
USER'S OBLIGATIONS:
The User undertakes to comply with the provisions of this Agreement.
i)
The User further agrees that the User's right to use the Common Areas and Facilities, shall be
subject to regular and prompt payment of Maintenance Charges as billed by the Maintenance
Agency. In case of failure to do the same, the User shall lose the right to use any of the Common
Areas and Facilities and to obtain the supply of utilities and other services, the Maintenance
Agency shall have the right to recover the amounts due as per law.
ii)
The User shall be responsible for insuring the contents within the Said Plot at the User's own cost,
risk and responsibility. Further, the User shall not do or permit to be done any act or thing which
may render void or voidable insurance of any building or any part of the Said Building/Said
Project or cause increased premium to be payable in respect thereof. Such increase in the
premium due to the above default, shall be borne and paid by the User only.
iii)
The User shall maintain the Said Plot at the User's own cost, in a good repair and condition and
shall not do or suffer to be done anything in or to the Said Plot, or to the Said Building, or to the
Common Areas and Facilities which may constitute violation of any law or rules of any
authority or cause detriment to occupants of the Said Building/Said Project or change or alter or
make additions to the Said Plot and keep the Said Plot, its walls and partitions, sewers, drains,
pipes and appurtenances thereto or belonging thereto, in good and tenantable repair and
maintain the same in a fit and proper condition and ensure that the support, shelter etc. of the
Said Building is not in any way damaged or jeopardized. The User further undertakes, assures
and guarantees that the User would not put any sign-board / name-plate, neon-light, publicity
material or advertisement material etc. on the face / facade of the Said Building or anywhere on
the exterior of the Said Building or common areas. The User shall also not change the colour
scheme of the outer walls or painting of the exterior side of the doors and windows etc. or carry
out any change in the exterior elevation or design. Further the User shall not store any hazardous
or combustible goods in the Said Plot or place any material in the Common Areas and Facilities
including the common passages or staircase of the Said Building. The User shall also not
remove any wall, including the outer and load bearing wall of the Said Plot. The User shall plan
and distribute the User's electrical load in conformity with the electrical systems installed by the
Company. The non-observance of the provisions of this clause shall entitle the Maintenance
Agency, without prejudice to other rights and remedies which it may have, to enter the Said Plot,
if necessary and remove all non-conforming fittings and fixtures at the cost and expense of the
User. The User agrees to keep the Maintenance Agency indemnified and harmless against any
loss or damage that may be caused to the Maintenance Agency in this regard.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 38
X_____________________
DLF
iv)
5.
6.
The User shall also be liable to pay the cost (in addition to) Maintenance Charges/utilities, as and
when any plant & machinery within the Said Project/Said Building as the case may be, including
but not limited to lifts, DG sets, electric sub-stations, pumps, fire fighting equipment, any other
plant/equipment of capital nature etc. require replacement, upgradations, additions etc. the cost
thereof on pro-rata basis. The User acknowledges that the Maintenance Agency shall have the
sole authority to decide the necessity of such replacement, upgradation, additions etc. including
its timings or cost thereof.
Limit on the Responsibility of the Maintenance Agency
i)
The User understands that the Maintenance Agency may engage other agencies/contractors to
provide one/more/ all Maintenance Services under separate agreements. The Maintenance
Agency's responsibility will be limited only to the extent of supervision of these agencies' work
and to ensure that their operation is in conformity with the agreement executed by them and to
replace an agency if its performance is not upto the desired standards. The Maintenance Agency
accepts no legal liability whatsoever arising from acts of omission, commission, negligence,
defaults of the aforesaid agencies in providing the Maintenance Services. The Maintenance
Agency shall not be liable for any delay, loss or damage caused by agencies' failure or refusal to
timely provide services.
ii)
The Maintenance Agency shall in no way be responsible or liable for any fire, electrical,
pollution, structural or any kind of hazard originating from the Said Plot/Said Building/Said
Project including those or due to electrical devices installed in the Said Plot. The hazards
aforesaid originating from the Said Plot /Said Building/Said Project shall not impose any kind
of legal or financial liability on the Maintenance Agency and the User(s) agrees to keep the
Maintenance Agency indemnified and harmless against any loss or damage that may be caused
to the Maintenance Agency in this regard. The User shall ensure that the internal airconditioning and electrical systems and any other work or thing done internally within the Said
Plot or externally, shall not pose any fire, electrical, structural, pollution and health hazard for
which the User shall solely be responsible for all legal and financial consequences arising
thereon.
GENERAL
i)
The Maintenance Agency shall have the right to assign this Agreement or any part thereof to any
other person/entity as it may deem fit.
ii)
All costs, charges and expenses payable on or in respect of this Agreement and on all other
instruments and deeds to be executed, if any, pursuant to this Agreement, including stamp duty
on this Agreement, legal fees, if any, shall be borne and paid solely by the User.
iii)
The Maintenance Agency shall retain the original of this Agreement and the User shall be
provided with a duplicate copy thereof.
iv)
The failure of the Maintenance Agency to enforce at any time or for any period of time any
provision(s) hereof shall not be construed to be waiver of any provision(s) or of the right
thereafter to enforce any or each and every provision(s) of this Agreement.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 39
X_____________________
DLF
7.
v)
If any provision of this Agreement shall be determined to be void or unenforceable under any
law such provision shall be deemed amended or deleted to the extent necessary to conform to
applicable law and the remaining provisions of this Agreement shall remain valid and
enforceable.
vi)
This Agreement is in consonance and not in derogation to the Agreement and the conveyance
deed.
vii)
Any notice, letter or communication to be made, served or communicated under these presents
shall be in writing and shall be deemed to be duly made, served or communicated only if the
notice or letter or communication is addressed at the aforesaid address and sent by registered
post.
viii)
It is clearly understood and agreed between the parties that all the provisions contained herein
and the obligation arising there under shall equally be applicable to and enforceable against any
and all occupiers, tenants/employees of the User and/or subsequent purchasers of the Said Plot,
as the said obligations go along with the Said Plot for all intents and purposes.
ix)
Neither party shall be liable in damages or have the right to terminate this Agreement for any
delay or default in performing hereunder if such delay or default is caused by conditions beyond
its control including, but not limited to Acts of God, Government restrictions (including the
denial or cancellation of any export or other necessary license), wars, insurrections and/or any
other cause beyond the reasonable control of the party whose performance is affected.
xii)
Any User in breach of any of the terms and conditions of this Agreement shall be liable to pay
outstanding dues and liquidated damages equivalent to the amount paid as Maintenance
Charges during the last twelve (12) months, which the User agrees are fair, just and reasonable.
Dispute Resolution by Arbitration:
In the event of any differences or disputes arising between the parties herein in connection with or arising
out of this Agreement including matters connected with the accuracy of bills, supply of Maintenance
Services or interpretation of any of the terms and conditions hereof, which cannot be determined
amicably, or settled through an agreement between the parties herein, the matter shall be referred to
arbitration of sole arbitrator to be appointed by the Maintenance Agency and whose decision shall be
final and binding upon the parties. The User hereby confirms that the User shall have no objection to this
appointment even if the person so appointed, as the arbitrator, is an employee or advocate of the
Maintenance Agency or is otherwise connected to the Maintenance Agency and the User confirms that
notwithstanding such relationship/connection, the User shall have no doubts as to the independence or
impartiality of the said arbitrator. Reference to arbitration shall be without prejudice to the right of the
Maintenance Agency
to effect recovery of arrears of dues (through disconnection of supply or
otherwise). The arbitration proceedings shall be held at an appropriate location in to be decided by the
arbitrator and shall be in accordance with the Arbitration and Conciliation Act, 1996 or statutory
modifications thereto. The Courts at Panchkula alone and/or High Court of Punjab and Haryana at
Chandigarh alone shall have the jurisdiction.
IN WITNESS WHEREOF the parties have set their hands to this Agreement at the place and on the day, month
and year first above written.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 40
X_____________________
DLF
In the presence of
For and on behalf of
WITNESSES
M/s ___________________________
1.
Signature______________________________
Name_________________________________
Address_______________________________
______________________________________
2.
Signature______________________________
Name_________________________________
M/s _______________ LTD. DD
Address_______________________________
______________________________________
Mr./Mrs./M/s___________________
[User(s)]
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 41
X_____________________
DLF
ANNEXURE-I (of Annexure-IV)
APPLICATION FOR SUPPLY OF ELECTRICAL ENERGY
NO.
DATE:
CONNECTION NO.:
To
The Manager,
____________________________,
____________________________,
The Allottee agrees to take from HPSEB, (hereinafter called “_______________”) at the Said Plot stated below,
supply of Electrical Energy not exceeding the connected load/contract demand of the Allottee's installation as
below. The Allottee hereby further agrees to pay for the said supply in accordance with the rates and charges laid
down in the Schedule of tariff, prescribed by _________________ from time to time. The Allottee assures that the
Allottee shall when required by ___________________ to do so, lodge with its office a security deposit and charges
as mentioned in Schedule of tariff.
The Allottee hereby declares that the Terms and Conditions of supply of Electrical Energy including Schedule of
tariff as stated in this Application, have been signed and understood by the Allottee and the Allottee agrees to be
bound by them strictly in accordance with these Terms and Conditions, which form an integral part of this
Application.
Schedule of Energy Electrical Load
Type of Load
Quantity
Wattage Each
Total Watts
Light Points
Fan Points
Light Plug Points
Power Plug Point
Air Conditioners
Room Coolers
Water Heaters
Heating Equipments
Motors
Refrigeration
Others
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 42
X_____________________
DLF
Total connected load not to exceed _______________ KVA
Contract Demand Load – Not to exceed _______________ KVA
Supply required single phase
……………………………………….
Signature of Applicant
(Name and Address)
For Use of
Contract of supply is______________________________KW subject to the Terms and Conditions and schedule of
Tariff accepted on behalf of ____________________.
AUTHORISED SIGNATORY
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 43
X_____________________
DLF
TERMS AND CONDITONS OF SUPPLY OF ELECTRICAL ENERGY
_______________ shall, after receiving permission for bulk supply of electrical energy from HPSEB or any other
licensing and/or Regulatory Authority, and also having standby captive generator sets along with the
operational and maintenance responsibility of the electrical system, agrees to supply/distribute the electrical
energy to Mr./Mrs./Ms_______________________________________________(hereinafter referred to as “User”)
based on the following terms and conditions;
1.
Definitions:
(a)
“Act” means the Indian Electricity Act, 1910 as amended from time to time.
(b)
“User” means Mr./Mrs./Ms._________________________________________________________
(c)
“______” means the ___________________., being the distributing agency and its nominees,
assignees, administrators, successors, etc.
(d)
“Connected Load” means the sum of the rated capacities of all the energy consuming apparatus
in the User's installation.
(e)
“Contract Demand” means the maximum demand load projected by the User at the time of
Application.
(f)
“Electrical Energy Charges” shall mean charges for energy consumed by the User whether
supplied by ______ from HPSEB source or through standby DG Set(s) etc. and is applicable to the
units consumed by the User in any month.
(g)
“Month” shall mean a Calendar month.
(h)
“Supply Act” shall mean The Electricity (Supply) Act 1948, as amended from time to time.
(i)
“Said Plot” shall mean the said plot applied for by the Allottee, details of which have been set out
in the Agreement and includes any alternative said plot, if allotted to the Allottee in lieu of the
Said Plot.
(j)
2.
“Rules” shall mean the Indian Electricity Rules, 1956 as amended from time to time.
Acceptance of Application:
(a)
After the application is accepted by Maintenance Agency, the User shall pay a security deposit as
may be demanded by Maintenance Agency which may correspond to the deposit paid/payable
to HPSEB by Maintenance Agency. The User also undertakes to make deposit towards hire of
the electricity meter to be provided by Maintenance Agency.
(b)
As Maintenance Agency shall, on behalf of the occupants of the Said Complex, including the
User, apply for permission to distribute the electrical energy to the Said Plot. The User in
pursuance to the requirements of HPSEB and that of this Application, undertakes not to apply to
HPSEB directly for supply of any electrical energy to the Said Plot.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 44
X_____________________
DLF
3.
Point of Supply:
Maintenance Agency shall give the supply of energy to the User at one point as Maintenance Agency may
decide and the switch board and meters etc. on the Said Plot for the reception of Maintenance Agency's
supply shall be erected by Maintenance Agency. The User undertakes to pay on demand to Maintenance
Agency, installation charges, testing charges, meter charges, as set out in the schedule of tariff annexed to
this Agreement. All the installations of Maintenance Agency shall be maintained in good condition by
the User.
4.
Approval of User's installation:
Before any wiring apparatus is connected to Maintenance Agency supply lines, it shall be subjected to
the inspection and approval by Maintenance Agency's representative and no connection shall be made
from Maintenance Agency's supply line by any person other than authorized representative of
Maintenance Agency.
5.
Wiring Conditions:
(a)
The wiring and apparatus compressing the User's installation must always be in good order
and condition, so as not to affect injuriously the Maintenance Agency work or the use of
electrical energy by other users.
(b)
The wiring shall conform to the provisions of the Rules and the relevant ISI code and the
requirement of the particular Fire Insurance Company with which the Said Complex Plot may
be insured and with such wiring regulations of Maintenance Agency as may be in force from
time to time.
(c)
The User must in all cases provide linked, quick break main switches, and a main fuse on each
pole other than the earthed neutral which must be placed within three feet of Maintenance
Agency's meter or in such other position as shall be approved by Maintenance Agency.
(d)
No addition/alteration in the Electric Installation Work, no addition of load other than
contracted upto, shall be carried out by the User without the knowledge of Maintenance Agency.
The User cannot connect or sub-let the load, or permit connection from its sanctioned supply
to any other said plot.
6.
Extension to the User's Installation:
In the event of any unauthorized extension to the installation or of any unauthorized increase in
contracted demand or sub-letting by the User, Maintenance Agency shall be entitled do disconnect the
supply to the Said Plot and in the event of any damage to Maintenance Agency's system resulting from
such unauthorized extensions, the User shall pay to Maintenance Agency all expenses on account of and
connected with such damage as determined by Maintenance Agency.
7.
Defects in the User's Installation:
In the event of any defects being discovered in the User's wiring or apparatus connected to Maintenance
Agency's supply lines or of any earth or leakage occurring on any section of the circuits so connected, the
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 45
X_____________________
DLF
User in the absence of any of Maintenance Agency's
authorized employees, shall immediately
disconnect such part of the wiring or apparatus from the circuit and notify the Maintenance Agency.
Maintenance Agency shall reserve the right to disconnect at any time such sections from its supply
systems.
8.
Meters:
(a)
A correct meter shall be installed, sealed, maintained by the Maintenance Agency at each point of
supply at the Said Villa of the User and shall remain the property of Maintenance Agency so long
as the Contract of supply subsists. Maintenance Agency reserves to itself the right to fix the
position of the said meter.
(b)
The said meter, shall not be connected, disconnected or unsealed by any person other than
Maintenance Agency's authorized employees. The User shall ensure that meter seal is not
broken or tampered with.
(c)
The authorized employee of Maintenance Agency shall be allowed by the User have access to
and be at liberty to read, inspect, test and if considered necessary remove the meter for testing etc.
(d)
If the User requires the said meter to be removed, he/she shall give notice to that effect in
writing to Maintenance Agency, which may comply with such notice subject to the User paying
prescribed charges in advance.
(e)
Should the User dispute the accuracy of the said meter, it may upon giving notice in writing to
Maintenance Agency and paying in advance a prescribed fee, cause a test of the meter to be made
by Maintenance Agency and if on such test being made the meter should prove to be not correct,
Maintenance Agency may adjust the User's account with retrospective effect for a period of not
exceeding ____ months immediately preceding the date of such test or the date of removal of
such a meter for purpose of test as may be considered appropriate by Maintenance Agency in its
sole discretion. Should the meter prove to be correct, the amount paid by the User for the test
will stand forfeited.
(f)
In case Maintenance Agency, at any time, detects the meter at the Said Plot to be incorrect,
Maintenance Agency shall cause a test of the said meter carried out, and in case the meter proves
to be not correct, the User's account will be adjusted, as described above in sub-clause (e) above.
(g)
Subject to the provision of sub-clause (e) and (f) above, the supply consumed by the User as
indicated by the meter shall be binding on the User.
(h)
If Maintenance Agency at any time detect the meter at a User's Villa to be in-operative (or the
User so informs Maintenance Agency), it shall be replaced with a correct meter. The electricity
supplied to the User during the period in which the said meter had ceased to function shall be
determined by taking average consumption for the last three months preceding the period in
which the meter had ceased to function, or the average of the corresponding months of the
preceding year, whichever is higher.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 46
X_____________________
DLF
Provided that if the meter ceased to function within the first three months of commencement or
resumption of supply, the averages of the electricity supplied during the three months subsequent to the
replacement of the defective meter by a correct meter shall be taken as the basis of billing.
9.
Liability of the User for damage to Maintenance Agency's Apparatus:
The User shall be solely responsible, as determined by Maintenance Agency, for any loss or damage, to
any supply lines, main fuses, meters and/or other apparatus belonging to Maintenance Agency on the
Said Plot, whether caused maliciously or through culpable negligence or default on the part of the User.
10.
Prejudicial Use of Supply:
(a)
The User shall not keep connected to Maintenance Agency supply, any apparatus which
Maintenance Agency may deem to be likely to interfere with or affecting injuriously
Maintenance Agency's supply to other users.
(b)
The User shall not keep unbalanced loading on the three phases of the supply taken from
Maintenance Agency, the maximum permissible difference in current between any two phases
being five percent.
(c)
The User shall not make such use of the supply given by Maintenance Agency as to interfere with
the safety or efficient working of Maintenance Agency's supply lines or other works, or to act
prejudicially to Maintenance Agency in any manner whatsoever.
11.
Discontinuance of Supply:
(a)
Maintenance Agency reserves the right to discontinue supply to the User by giving seven (7)
days notice in writing if the User defaults in making payment of the bill on due date or there are
reasons to believe that the User is contravening any of the provisions of the Act or of these
conditions of supply or is committing a breach of this Agreement.
(b)
Theft of Energy: In case any representative of Maintenance Agency detects any theft/pilferage
of electrical energy on the Said Plot, its connection is liable to be disconnected immediately
without any notice.
©
Maintenance Agency is providing the User various maintenance services, inter alia street lights,
lifts, water supply, generator sets etc. which require and depend on electricity for its operation
and maintenance. Moreover, the electric connection provided in the Said Plot is possible and
maintained when the electrical installation/system are maintained well by Maintenance
Agency. For maintenance services Maintenance Agency raises separate charges every month in
addition to electricity consumption charges in the Said Plot and both form a part of total
maintenance services bill. Failure to pay amount of such maintenance services bill within seven
days of the notice after the due date as notified in the bill will entitle Maintenance Agency to
disconnect the electricity supply to the Said Plot under this Agreement.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 47
X_____________________
DLF
12.
Failure of Supply:
Maintenance Agency shall not be liable for any claims for loss, damage or compensation, whatsoever,
arising out of failure or shortage in supply due to, either directly or indirectly, war, mutiny, civil
commotion, riot, strike, lock-out, fire, flood, tempest, lightening earthquake or other force majeure
conditions or occurrence beyond the control of Maintenance Agency or inadequate or low quality of
supply from HPSEB to Maintenance Agency.
13.
Security Deposit:
Before commencement of supply of electrical energy to the Said Villa, the User shall be liable to pay to
Maintenance Agency, interest-free Security Deposit, Meter Hire Charges and other charges as set out in
the schedule of tariff attached as Annexure-II to this Agreement.
The User agrees to pay/reimburse to Maintenance Agency further deposits as may be demanded by
HPSEB from Maintenance Agency under the Bulk Supply Scheme applicable to the Said Complex.
The User agrees that he/she shall pay on demand such security deposits as may be demanded by
Maintenance Agency, if the User habitually defaults in the payment of his/her bills.
14.
Bills:
Maintenance Agency shall render bills to the User on monthly basis, which shall be payable on or before
the due date as mentioned in the bill.
If the bill is not paid in full on the due date and seven days thereafter the User shall, thereafter, render
himself/herself to have the electric supply to the Said Plot disconnected by Maintenance Agency,
without prejudice to the right of Maintenance Agency to recover the amount of the bill as arrears. After
full payment, the objection, if any, with regard to the accuracy of the bill shall be made in writing to
Maintenance Agency and the amount of such bill paid under protest within the aforesaid period will be
regarded as advance to the credit of the User's account until such time the objection is settled through
arbitration process. Should the Said Plot be so disconnected of supply, the connection shall not be
restored by Maintenance Agency, until full settlement shall have been made by the User of all
outstanding dues including interest for delay, Security Deposit, (if same was earlier adjusted) & the
charges for reconnection of supply as may be prescribed.
15.
Right of Maintenance Agency to nominate/assign/entrust the Work of Supply of Electrical Energy:
The User agrees that the User shall not object if Maintenance Agency at any time, in its sole discretion
hands over/nominates/assigns/entrusts work of supply of electrical energy to such nominee/assignee,
other body corporate, agency, Association/Society of said plot owners etc. as it may in its sole discretion
deem fit, and in the event this Agreement shall continue to be valid and enforceable between the
nominee/assignee, other body corporate, agency, society of occupants etc. and the User.
16.
Interpretation:
The conditions of supply shall be subject to this Agreement, Maintenance Agreement, the Act and the
Supply Act. However, nothing in these terms and conditions shall abridge or prejudice the rights of the
parties as may be available under any law in force in India.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 48
X_____________________
DLF
17.
Schedule of Tariff & Charges and Rights of Maintenance Agency to Revise the Schedule of Tariff and
Charges:
The Schedule of Tariff and Charges for supply of electrical energy is enclosed as Annexure-II.
Maintenance Agency reserves the right to amend, cancel or add to, at any time, to any of these Schedule &
Conditions of Tariff based on revision of tariff and condition of supply between HPSEB & Maintenance
Agency.
18.
Access to Said Plot:
The User shall not assign, transfer in whole or in part, with the benefit of this Agreement nor shall the
User in any manner part with or create any partial interest thereunder or sublet the same.
19.
Service of Notice:
(a)
Any notice by Maintenance Agency to the User shall be deemed to be duly given, served in
writing addressed to the User delivered by hand at, or sent by registered post to the address
specified in this Agreement or as subsequently notified to Maintenance Agency.
(b)
Any notice by the User to Maintenance Agency shall be deemed to be duly given if served in
writing addressed to Maintenance Agency and delivered by hand at or sent by registered post to
the registered office of Maintenance Agency.
20.
Disputes:
Excepting the cases of theft/pilferage of electric energy or interference with Meter etc., which are inter
alia offences in the event of any differences or disputes arising between Maintenance Agency and the
User in respect of any matter connected with the supply or interpretation of any of these terms and
conditions which cannot be determined amicably, or settled through an Agreement between
Maintenance Agency and the User, the matter shall be referred to arbitration of sole arbitrator to be
appointed by the Maintenance Agency . Reference to arbitration shall be without prejudice to the right of
Maintenance Agency to effect recovery of the arrears of dues (thorough disconnection of electricity
supply or otherwise). The decision of arbitrator shall be final and binding on the parties. The arbitration
proceedings shall be held at Chandigarh and shall be in accordance with the Arbitration and Conciliation
Act, 1996 and statutory modifications thereto. The Courts at Kharar and the Punjab and Haryana High
Court at Chandigarh alone shall have the jurisdiction for all matters or dispute arising out or touching
and/or covering this transaction.
_________________
Mr./Mrs./M/s__________________________________
_____________________
__________________________________
(User)
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 49
X_____________________
DLF
ANNEXURE – II (of Annexure IV)
SCHEDULE OF TARIFF (as applicable presently)
1.
ENERGY CHARGES:
a)
For billing purpose during the Financial Year
(On Prevalent HPSEB Charges to its direct users)
Current Rate/Unit
Rate
Elect. Duty
2.
:
Rs.____________________
:
Rs.____________________
:
Rs.____________________
:
Rs.____________________per KV
INTEREST-FREE SECURITY DEPOSITS:
a)
Service Connection Deposit
(Non-refundable)
b)
Advance Consumption Deposit
(Refundable)
c)
3.
Meter Security Deposit
MINIMUM DEMAND CHARGES
:
Rs.____________________
:
Rs.____________________per KV
of Contract Demand
4.
MISCELLANEOUS:
a)
Meter Installation Charges
:
Rs.____________________per meter
b)
Meter Testing Charges
:
Rs.____________________per meter
c)
Re-connection/Disconnection Charges :
Rs.____________________per meter
d)
Periodic Inspection Charges
:
Rs.____________________per meter
e)
Meter Hire Charges per month
:
Rs.____________________per meter
Note:
•
This Schedule of Tariff shall correspond to the Schedule of Tariff of HPSEB prevailing on the date of
execution of this Application. Any amendment, addition, alteration or modification in the Schedule of
Tariff of HPSEB shall be deemed to be automatically incorporated in this Schedule of Tariff without any
notice and shall be binding on the User.
•
Cost of the meter shall be recovered from the User in full if it is damaged due to excess power
consumption by the User, over and above the sanctioned load.
X_____________________
X_____________________
(Second Allottee)
X_____________________
(Third Allottee)
Page 50
X_____________________
DLF
Printed by: Universal Design & Prints : DLF/Version-I/Dec.-2013
Panchkula
PLOT BUYER’S AGREEMENT
Address : Ground Floor, DLF Centre, Sansad Marg, Delhi 110001
Toll Free : 1800 103 3534 | Email : [email protected] | Website : www.dlf.in

Cover Panchkula Plot - DLF The Valley, Panchkula

Transcription

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