APPLICATION FORM FOR PURCHASE OF A READY BUILT FLAT IN THE PROPOSED APARTMENT COMPLEX, SHREEKHETRA GREENWOOD, B+S+14 STORIED

Transcription

1 Sri Jagannath Promoters & Builders An IGBG Precertified Gold Rated Premium Residential Apartment Project Behind Aiginia Sani Temple at Shankarpur Mouza, Bhubaneswar APPLICATION FORM FOR PURCHASE OF A READY BUILT FLAT IN THE PROPOSED APARTMENT COMPLEX, SHREEKHETRA GREENWOOD, B+S+14 STORIED Applicant 1 Applicant 2 Dear Sir/ Madam, I/We, need to purchase by means of registering a sale deed and posses the flat, as detailed below, in your purposed Shreekhetra Greenwood Residential Apartment complex, located in Shankarpur Mouza under Bhubaneswar Tahasil after it is fully completed and become functional in all respect. I/We have physically visited the project site and ascertained that the work is yet to be started or % of the total project complex is completed and understood well that the complex needs about months of time period for the total completion and functional of the project in all respect. I/We, have verified, in the office of the builder, all original land deeds, documents & records, Project related Permissions & NOCs issued by different authorities, approved Building plans of the Apartment complex etc and also availed a brief legal report copy on the project land for my/our reference and record, which is being prepared by the builder. I/We, have convinced mostly about the project details and procedures, and have no confusion in mind. I/We have understood in detail about the construction specifications & the vartities of facilities said to be provided or offered by the builder in the Apartment Complex, as shown in it s brochure, uploaded in the website and stated in the advertisements etc. I/We have understood well, that the total consideration value agreed to pay, by me/us is in relation to my/our choice of flat bearing No, Block No, Floor which admeasures sft of Saleble built-up Area, as per the floor plan provided to me along with additional common area, which I/We have also been explained by the builder. I/We, agree to execute a flat purchase agreement in reference to my choice flat and subsequently a sale deed too, after total completeion of the project, mentioning there in the aforesaid Saleble built-up area or such area of the said flat as may be required or stipulated by the state or central Govt by any law, without altering the consideration value. I/We, agree to be a member, compulsorily in the Apartment owner s welfare association or society to be formed or already formed under guidance of the builder firm as per the mandatory provisions of the state and or the central Govt law and shall also abide by all the rules and regulation contained in the Apartment owners- byelaw. I/We, agree to abide by strictly the prescribed payment plan as well as the terms and conditions of the builder for allottement of the chosen flat, which are more fully stated in a sheet, annexed to this application form being a part and portion. SHREE KHETRA GREEN WOOD 1

2 I/We here by remit an amount of `. (Rupees ) only in the form of an A/c payee cheque/ Demand draft/ Pay order bearing No dt of bank Branch payable at Bhubaneswar or transfered in RTGS mode from my bank A/c No of bank, branch at dated on bearing UTR No being the advance booking money towards purchase of the aforesaid flat against the agreed total consideration value of `. (Rupees ) only. The said total consideration value for payment, prior to registration and handover of the purchased flat does not include all other miscellaneous payables as explained to me and also clearly specified in the terms & Conditions sheet, annexed. 1. (A) Name of the Applicant (Block Letter) S/o, W/o & D/o Permanent Postal Address Present Postal Address ID Contact Cell No Landline No (B) Name of the Co-applicant or Nominee (Block Letters) S/o, W/o & D/o Present Postal Address ID Contact Nos. 2. Name & Address of your preferred contact Person S/o, W/o & D/o Presently residing at Mailing ID Cell No 2 SHREE KHETRA GREEN WOOD

3 3. Occupation: Applicant (a) Co-Applicant 4. Caste: 5. Residential Status: Residential Non Residential 6. Identity: PAN Card No ADHAR Card No ( Enclose Xerox for Both ) (a) Applicant Co- Applicant 7. Present Net Income Per Annum (a) Applicant Co- Applicant 8. Whether Intends to Purchase the said flat by availing Home Loan (Yes/No) 9. Details of the Property intends to buy DELARATION Type of Flat Block & Flat No Floor No Saleable Buitup Area Car Space No B - SBA= S - O - I/We solemnly declare hereby that, the particulars given on me or us are true to the best of my/our knowledge and belief and the aforesaid consent or declaration are purely mine, free from any kind of inducement or compulsion on me and are out my free will. I/We shall also furnish any additional details, if required by the builder in future. I/We fully agree that, it shall be within the discretion of the Builder firm to retain or reject the allotement of flat, to me/us in the event of non adherence of the conditions by me or us. The builder firm has allotted the flat, at my choice & interest only. I/We agree of having understood all the given terms & conditions and agreed to abide by those and they shall also remain binding on me or us up till the transaction is over. I/We further agree, to pay the balance consideration value of the flat, apart from all other miscellaneous payables as stated in the terms of allotment, which also forms a part & portion in the proposed agreement deed for sale of flat, to be executed subsequently after this provisional allotment. I/we fully aware of the fact and agree that the timely payment of all instalments, which includes the consideration value and also other payables, shall stand as the essence of this transaction and accordingly I/we also agree to abide by, strictly the specified payment plan of the builder. SHREE KHETRA GREEN WOOD 3

4 TERMS & CONDITIONS GOVERNING THE ALLOTMENT FOR SALE OF A FULLY COMPLETED FLAT IN THE PROPOSED HOUSING COMPLEX 1. The Flat buyer has applied for allotment of Flat No in Block in Shreekhetra Greenwood Apartment complex located at Shankarpur Mouza under Bhubaneswar Tahasil, to be possessed by means of a registered purchase deed after total completion of the project in all respect and after accomplishing all the payments towards total consideration value and such other payable items as agreed upon. The said Apartment project is duly approved by BDA and other statutory authorities at Bhubaneswar, and thus the builder has also availed all NOCs & clearances. The buyer has also understood well, that no other permissions and NOCs are yet to avail by the builder in this regard. The builder has exhibited all original copies & explained the buyer about all related, permissions & NOCs obtained for the project. 2. The buyer has fully verified, all relevant Land documents & records of land owners concerned, in regard to their respective title and interest etc in the project land,which includes the copies of collaboration Agreement, registered power of attornies having executed by respective land owners in favour of the builder firm for developing the Housing project, thus satisfied himself/herself too, about the genuineness, validity, & marketability of the title of all the land portions relating to the proposed complex. Hence, the flat buyer agrees to have no apprehensions or objections in mind in respect of this project land, prior to submission of the application. 3. (a) The proposed Apartment complex shall be built in accordance to the approved plan and parameter, sanctioned by relevant authorities. (c) (d) The builder may make such changes/ variations as may be required or sanctioned by the authorities concerned or otherwise deemed necessary for the betterment of the buyers, but without altering the layout of the project, number of vertical floors, the dimensions of the flats etc, in the complex including the proposed unit of the buyer. However, in case of any major changes required of the complex or only in any of the approved Apartment block in the complex, the builder shall obtain free consent of 2/3 of total buyers or 2/3 buyers of the relevant block, as the case may be before adopting such changes and after availing the required permissions, for such an alterations from the relevant authorities. If a particular flat is proposed for purchase and applied by the flat buyer and the same, for any reason could not be allotted by the builder, or in the case where the flat buyer, somuto alters his/her choice after it is booked then an alternative offer shall normally be given by the builder, which may either be in the same floor or in other suitable floor as per the available vacancy. However, the buyer in case does not prefer or agree to accept the alternate, the advance amount so paid by the applicant shall be refunded back without any interest accrued on it and strictly with in a period of 90 days, recockening from the date of final acknowledgement of the buyer, in writing. All flat buyers shall be allocated with one unit of car parking space (CPS). Such allocation of CPS shall only be based on first come first serve basis, by the builder Firm. 4 SHREE KHETRA GREEN WOOD

5 4. The builder expects that the project shall be completed in all respect & shall be made functionally fit for making the physical handover of the flats to all buyers for occupancy, within a clear time span of four years from the date of construction commencement permission by BDA, provided that the occupancy certificate by BDA, Bhubaneswar is also issued within the prescribed time frame as stated in the building byelaw. However, the builder also assures to discharge all its part of responsibilities, in a required manner not only while seeking for occupancy certificate from BDA but also in the case of fulfilling such other compliances which BDA may seek during process & prior to issue of the occupancy certificate. 5. (a) The purchasers shall not be entitled to get the name of his/her or their nominee(s) substituted in his/her/their place without the prior approval of the builder, who, may in its sole discretion permit the same on such terms as it may deem fit. The Flat purchaser shall not assign or transfer the interest accrued in the proposed flat, through the provisional allotment letter or through the flat sale agreement, without the prior permission of the builder firm, who for all legal purposes is said to be the owner of the total complex, up till registration of all the flat/flats of the allottees in the complex are completed. However, while availing a Housing loan from any financial institutions, the mortgage or assignment deed may be created, with the full knowledge & approval of the builder for making payment of the consideration value to the builder. 6. The consideration value of the flat indicated in the purchase deed, to be registered shall be as stated in the flat sale Agreement, which was executed earlier by the buyer, irrespective of the fact that, the Govt. Prescribed bench mark value for land and structure both, at the time of registration exceed or fall short of the said agreement value. However, in either of the above cases, the buyer shall only bear, the total registration expenses, as applicable including the advocate fees for this act of registration. 7. The flat buyer(s) is fully convinced & agreed to pay the total consideration value of `. /- (Rupees ) only as per the prescribed payment plan of the builder or may adopt such other mode as, mutually agreed upon in the agreement for purchase of the flat, having Sft of saleble area. However, the buyer is clearly explained by the builder, about the SBA calculation which he/she understood well without any confusion in mind prior to submission of this application. 8. Note worthy, such consideration amount for the Apartment is always in exclusion of other financial obligations or required payables for the buyers like, all taxes, cess, external Electrification charges, Society security Deposits, Apartment maintenance charges etc. It shall be incumbent on the buyer(s) to comply, strictly with all the agreed terms of payment in his/her Agreement. In case the payment of instalments are delayed beyond 90 days, the builder shall cancel the allotment, after issuing a termination notice to the buyer, providing a clear time span of 30 days for discharging his/her relevant financial obligation, without any interest or compensation towards the lapse period. SHREE KHETRA GREEN WOOD 5

6 In case, the buyers(s) fails to pay the unpaid instalments, without compensation even beyond such termination notice, the builder shall be empowered to cancel the allotment, and the allottee shall be left with no interest or lien on the allotted flat. However, the total amount of money paid by the allottee, shall be refunded back without any interest accrued on it, within next 30 days of the final expiry date of cancellation notice, after deducting an amount of `.1,00,000/- (Rupees One Lakh) being the cancellation charges. It is the responsibility of the buyer to collect his/her balance money as determined above from the office of the builder, surrending back all the original money receipts issued to him/her earlier. The builder shall be at liberty to sale such a flat at its own discretion without any further correspondence & consultancy in this regard. 9. (a) In the event a flat buyer decides to cancel his/her booking of flat prior to execution of Agreement, an amount of `. 50,000/- (Rupees Fifty Thousand) shall be retained by the builder being charges towards cancellation and the balance amount shall only be refunded back without having any interest accrued on it within a period of thirty days, from the date of intimation by the buyer for such a cancellation. Further, in case of withdrawal, from booking of the flat by a flat purchaser subsequent to, execution of the sale agreement, such total paid amount after deducting `.1,00,000/- (Rupees One Lakh) only being the cancellation charges, shall be refunded back without any interest accrued on it, within a period of 30 days from the date of cancellation notice. 10. The flat buyer shall also be required to pay the following additional payments, beyond the consideration value of the flat as agreed upon here in. (a) (c) (d) Note: (i) (ii) An `. 50,000/- Per Flat towards Electrical Infrastructural Charges irrespective of the size of flat. Amount payable towards Service Tax as per the applicable Law. An amount to be 2% on the apartment value, excluding land cost shall be required for payment being the reimbursement arised out of levy towards VAT as per the Odisha VAT act, under rule, clause (a) of Sec-9 in relation to the said Apartment complex (Transfer of property in goods, whether as goods or in some other form) involved in the execution of works contract, which is required to be paid or might have been paid by the builder during construction, of the apartment complex in question. The amount required towards, reimbursement of Labour Cess Charges, as applicable which is required to be paid or might have been paid by the builder during construction as per the state labour welfare board. The buyer knows well that the consideration value of flat, mentioned herein, is exclusion of the amounts to be paid additionally as per clause no 9(a)& (c) above. No payment of service tax and reimbursement amount towards VAT are required to pay by the client in the case of sale of flat after it is completed fully. 6 SHREE KHETRA GREEN WOOD

7 11. (a) The formation of an Apartment Owner s welfare society or association by the builder is inevitable, in accordance to the existing amended Odisha Apartment Owners act and other central act likely to be published, with a view to carry a smooth functioning of all the facilities attached to the complex. The builder apart from having the responsibility of formation and registration of the society etc shall also manage & maintain the services in the complex up till the total handing over of flats are completed. (c) (d) (e) Each flat buyer is bound to become a member of the proposed Apartment owner s Association, agreeing to abide by all the conditions laid in the society byelaw intended for the protection of the common properties in the complex resulting a peacefully stay of the buyers. Each of the Apartment buyer compularily has to pay at `. 75/- per sft of the super built-up area of the respective flat, as a non refundable security deposit, to be retained with the apartment owners association, as a CORPUS Fund, enabling the association to meet, the periodical major expenses such as outside painting of the structures, rectification & repair of lifts, Sewage treatment Plant, Electric Motor, Generator, Fire Equipments & the list of other properties attached to the recreation club. The builder, prima face at the outset is responsible to determine and collect the non-refundable security deposit as above for corpus fund and the recurring monthly maintenance charges, keeping in view of a smooth operation, prior to registration and taking over physical possession of the flat. The flat buyer, in addition to the aforesaid Non-Refundable Security deposit has also mandatorily to deposit, twelve months or the 1st year advance service maintenance charges for his/her flat applicable from the declared or cut-off date, intimated by the builder, basing on the expenditure necessity having `.1.50 per sft on the SBA of the flat, irrespective of the fact that, the possession of the flat has been duly taken or not or even the same is occupied or not by the buyer or his/her tenant. The builder shall handover, to the registered body of the flat owners all, the common properties of the Apartment complex along with the non refundable security deposits amount of the buyers and also the residual amount, of the 1 st year advance service charges so collected, without having any accrued interest on it after deducting the day to day total expenses whichwere already met by the builder during the 1 st year. 12 The construction specifications as well as special features offered by the builder to be provided in the apartments are well defined, which also forms a part of the application form. (a) Any additional item/items, if desired, by the buyer to be incorporated in his/her Apartment may be informed well in advance and strictly in a written form. The acceptance of such item/items to provide in his/her proposed Apartment is purely at the discretion of the Builder. 13. The bill amount shall be determined by the builder for such extra items(s) which the flat buyer shall have to pay in addition to his/her consideration amount and strictly prior to the registration of the deed & physical handing over of the flat. SHREE KHETRA GREEN WOOD 7

8 14. In the event of delay in completion and or delivery of physical possession of the said unit, beyond the ageed time, that may be arised out by reason of a war, civil commotion or due to any act of God, force majeure or due to any difficulty or impossibility arising from any Govt ordinances, legislation or notifications or order by the Govt. Or local authority etc the builder shall not be held responsible in any manner. Whereas, the builder having not effected in any manner out of the above or like the above but failed to complete the project complex or even in the case, where the project is completed but failed to deliver the physical possession (Excepting the cause due to failure of BDA for occupancy certificate) the builder shall be liable to compensate the buyers by way of payment towards house rent per month for the delayed period as follows. Buyers those, who have exclusively remained with the builder for a period not less than Fourty eight months and also have duly discharged all their responsibilities including the financial obligations timely are only entitled to receive such a compensation in the form house rent. Such compensation amount shall only be paid at the time of handing over of the flats only. (1) 2 BHK `. 5000/- PM for the delayed period (2) 3 BHK `. 6000/- PM for the delayed period (3) 3 BHK (With puja) `. 7000/- PM for the delayed period 15. Any financial disputes among the parties herein shall be referred to arbitration of one arbitrator, being chosen on mutual consent, as per the law of Arbitration or may even prefer to resolve through other redresses forum, enforceable and applicable under the law. Decisions out of the above, shall be binding on both the parties. 16. All regular letters or correspondences, including the intimation of demand notice for instalment payment etc shall be preferred by the builder to send only through the mailing ID of the buyer stated clearly in the application forms. However, in absence of the mailing ID of the buyer or on request of the buyer, such correspondence and demand letters, shall only be posted at the registered mailing address shown in the Application form, at the time of booking. Any changes either in the given mailing ID or in the postal address, shall voluntarily be intimated by the buyer with an adequate proof of having made a timely intimation to the builder to avoid any complication in future. 8 SHREE KHETRA GREEN WOOD