Terms & Conditions

1. The Applicant(s) has applied for registration of allotment of a Commercial Unit I Shop in SWARNIM 35 (PROJECT- TATHASTU 35) proposed to be developed by the Developer in revenue estate of Village - Sohna, Sector-35, Sohna, Haryana, with full knowledge of and subject to all laws, by-laws, statutes, notifications, rules and regulations applicable to the area where the Commercial Unit/ Shop is proposed to be situated, and which have been understood bythe Applicant(s).
2. The Applicant(s) has(ve) fully satisfied himself / herself / themselves/ itself about the interest and title of the Developer in the land where the Commercial Unit / Shop in the Commercial Complex "SWARNIM 35 (PROJECT-TATHASTU 35) in Village -Sohna, Sector-35, Sohna, Haryana, which is proposed to be developedand has fully understood all limitations and obligations in respect thereof. The Applicant(s) agree that there will not be any further investigations or objections by him/her/them/it in this respect.
3. The Applicant has fully examined and have satisfied himself about the nature of rights, title and interest of the Developer in the said project, which is being developed / constructed by the Developer as per the prevailing bye-laws / guidelines of the Director, T own & Country Planning (DTCP), Chandigarh, Haryana, and / or any other concerned authority and has fully understood all limitations and obligations in this context thereof. The Applicant(s)further agrees and accepts to abide by, by the terms and conditions of all thepermissions, sanctions, directions etc. issued by DTCP, Chandigarh, Haryana, and/or by any other authorities in this regard, to the Developer.
4. All the applicable Govt charges, rates, tax or taxes, statutory levies whatever name called payable in relation to land, sale of the Shop and Commercial Complex including but not limited to GST, Levies, Cess etc.whether levied now or in future, imposed by the Government or any other Statutory Authorities, shall bepayable by the Applicant(s) on demand and the Applicant(s) agree and accepts to make said timely payments without any dispute. If such charges, taxes are not assessed separately; the same shall be paid byApplicant(s) as demanded by the Developer. In the event of any increase in such charges, taxes, levies or in the event of introduction of any other / fresh levy/ Taxes / charges by the Govt. / authority(s); the difference so calculated shall be payable whether prospectively or retrospectively and even after the Conveyance / Sale Deed has been executed, then these charges / taxes / shall be solely paid by the Applicant(s) and upon failure to pay such charges / demands the same shall be treated as unpaid sale price of the Shop and the Developer shall have the lien on the Shop of the Applicant(s) for recovery of such charges / taxes / levies. This clause shall survive post execution of the Conveyance / Sale Deed to be executed between the Developer and the Applicant(s). The Applicant(s) have fully understood this clause andhave agreed and accepted.
5. Apart from the basic price; the Developer would also recover Preferential Location Charges (PLC) for some particular Shop / Shop(s) in the Complex and if the Applicant(s) opts for the booking of any such Shop [Shop(s), he / she / they shall also be liable to pay for the said charges. Roof rights and Parkings are solelyunder the discretion of developer & developer can charge for this. The Applicant(s) hereby agree and accepts to make timely payment of such demands as and when raised by the Developer.
6. The allotment made by the Developer shall be deemed to be provisional and the Developer shall have the right to make such variations, deletions, additions, alterations and modifications in the layout plan, designs, specifications as it may deem fit and proper or as may be done by any competent authority at any time. Such alterations may include change in the position of the Shop, change in dimensions or height of the building Layout Plan, Floors, Block and number of the Shops, number of towers, and increase / decrease in the area of Shops. That the opinion of Developer's Architect on such changes will be final and binding on the Applicant(s). Further, if there is any increase / decrease in the area of the Shop the rate per square feet and other charges will be applicable to the changed area i.e., at the original rate at which the Shop(s) has(ve) been booked for allotment and as a consequence of such reduction or increase in the area, theDeveloper shall only after adjustment of dues, if any, be liable to refund to the Applicant (s) without any interest, only the extra price and other proportionate charges recovered or in the event of any increase in thearea, the Developer shall be entitled to recover from the Applicant(s), the additional price and such other proportionate charges, costs and expenses as the case may be. In case the Shop becomes preferentially located, Applicant shall be liable to pay the PLC. The Applicant(s) hereby agree and unconditionally accept to make payments and accepted adjustments / refunds dispute of any nature whatsoever. Provided in the event of any increase in the area of the Shop, which shall not be more than 20%(twenty percent) as mentioned in this Application, the Developer shall be entitled to demand the payable amounts along with the next due installment as per the Payment Plan. All such adjustments in the amounts payable or refundable as the case may be shall be made at the same rates as agreed herein.
7. After the provisional allotment if any applicant wishes to withdraw then the applicant needs to visit the site office and submit a written application for the same. After the application is received the registration amount would be refunded in full within 30 days.
8. The registration amount would be refunded within 30 days to the unsuccessful applicants and the applicants not interested after the provisional allotment.
9. After the provisional allotment the applicants can choose/book units of any size subjected to availability, on first come first serve basis.
10. The Applicant shall before taking possession of Shop(s), must clear all the dues towards the Retail cum Commercial Complex and have the Conveyance Deed for the said Retail cum Commercial Complex executed in his favour by the Developer after paying stamp duty, registration fee and other charges / expenses.
11. Earnest money shall mean 10% of the Total Sale Consideration of the shop sold. In case the Applicant, at any time opts for cancellation of the Booking / allotment, the Developer would cancel such Booking / Allotment after forfeiting 10% of the Total Sales Consideration, constituting the Earnest Money, with interest accrued and non-refundable charges such as brokerage, commission paid by the developer, thereafter the balance if any would be refunded. The Applicant hereby accepts and authorizes the developer to forfeit out of the amounts paid / payable by him / her / it, the earnest money as afore mentioned together with the processing fee, any interest due or payable, any other amount of a non- refundable nature in the event of the failure of the Applicant to perform his / her / its obligations or fulfill all the terms and conditions mentioned in the booking form / Developer Buyer Agreement and the Maintenance Services Agreement and such other documents as may be required by the Developer to be executed by the Applicant or in the event of failure of the Applicant to sign and return the Buyers' Agreement in its original form to the Developer within fifteen days from the date of its dispatch by the Developer .
12. The Applicant(s) shall use / cause to be used the said Retail cum Commercial Complex for commercial purpose only. This is a condition precedent and non-compliance thereof may invite cancellation of allotment of the Retail cum Commercial Complex and forfeiture of the earnest money.
13. Timely payment of instalments of Total Sale Consideration and allied charges pertaining to the Retail cum Commercial unit / Complex is the essence of the terms of the booking / allotment. However, in the event of breach of any of the terms and conditions of the allotment by the applicant, the allotment will be cancelled at the discretion of the Developer and the earnest money together with the interest on installments due /unpaid and interest on delayed payments shall stand forfeited. The balance amount shall be refunded to the applicant without any interest. The Developer however, in its absolute discretion may condone the delay by charging penal interest as per the Real Estate Act.
14. The Applicant(s) shall get his / her / their complete address registered with the Developer at the time of booking and it shall be his / her / their responsibility to inform the Developer in writing by Registered AD letter for any change in their mailing or permanent address. If he fails to do so then failing which, all demand notices and letters posted at the first Registered Address will be deemed to have been received by him at the time when those should ordinarily reach at such address and he shall be responsible for any default in making payment and other consequences that might occur therefrom. All interest accrued during such delay would be borne by the Applicant(s) and the Applicant(s) and accept to pay for such accrued interest.
15. The Applicant(s) undertakes to abide by all bye laws, laws, rules and regulations including the "Shops and Commercial Establishment Act 1958", or any other law as may be made applicable to the said Shop. Any lapses on account of this if results in any financial implications that would be to Applicant(s)' account.
16. Loans from financial institutions to finance the said Retail cum Commercial Complex may be availed by the Applicant(s). However, if a particular Institution / Bank refuses to extend financial assistance on any ground; the Applicant(s) shall not make such refusal an excuse for non-payment of further installments / dues. In case there is delay in processing the Loan from the bank side due to any reason what-so-ever and consequently the payments of installments are delayed by the applicant to the Developer the applicant agree and accept to make the payment of accrued interest to the Developer unconditionally.
17. The Applicant shall have no objection in case the Developer creates a charge on the project land during the course of development of the Project for raising loan from any bank / financial institution. However, such charge, if created, shall be got vacated before handling over possession of the Shop to the Applicant.
18. The Applicant(s) undertakes to abide by and comply with all the laws, rules and regulations, terms and conditions applicable / made applicable to the said Retail cum Commercial Complex.
19. Detailed terms and conditions shall form integral part of the Buyer's' Agreement which the Applicant(s) shall execute as and when required by the Developer.
20. To settle any confusion regarding any matter herein or anything being not covered / clarified herein, it is agreed by the Applicant(s) that reference shall be made to the detailed terms of the Allotment Letter / Buyer's Agreement, the terms whereof have been seen, read and understood / accepted by the applicant.
21. The Developer shall endeavor to give possession of the Shop to the Applicant(s) as early as possible, but not exceed 48 months from the date of building sanction plan or EC or RERA whichever is later, subject to force majeure circumstances and reasons beyond the control of the Developer with a reasonable extension of time for possession.
22. After completion of the commercial unit/shop, the Developer may intimate in writing to the Applicant regarding the Prospective Lessee on the prevailing market rate of rent and in that event the Applicant shall accord his consent for leasing out the commercial unit/shop. However, after registration of Conveyance Deed, there shall be a first right of refusal with Developer for a period of 06 (six) months (mutually extendable for 03 months) from the date of Conveyance Deed and in case, the Applicant desires to lease out the shop/unit to any other Prospective Lessee at its own, the Applicant shall intimate in writing along with LOI/MOU entered with the Prospective Lessee to the Developer and the Developer shall have an option to take on lease the said commercial unit/shop shop/unit at the rate offered to the Applicant by his Prospective Lessee.
23. In case there are joint Applicants, all communications shall be sent by the Developer to the Applicant whose name appears first, at the address given by him for mailing and which shall for all purposes be considered as served on all the Applicants and no separate communication shall be necessary to the other named Applicants. All the Applicants agree and accept.
24. If any misrepresentation / concealment / suppression of material facts are found to be made by the applicant / (s), the allotment will be cancelled and the Earnest Money as mentioned in Clause 8 hereinabove shall be forfeited and the applicant shall be liable for such misrepresentation / concealment / suppression of material facts in all respect.
25. The Courts at Haryana alone shall have jurisdiction in all matters concerning this transaction.