Booking amount as per the payment plan is 5% of the total sales price.
Part Payment - Incase you have enrolled for part payment then the remaining payment needs to be done on the date of lucky draw.
In case you want financing after part payment email us at firstname.lastname@example.org
TERMS AND CONDITIONS FOR ALLOTMENT OF A RESIDENTIAL APARTMENT UNIT IN SMART HOMES KARNAL (Affordable Housing, Sector 32 A, Karnal, Haryana)
01. The Applicant(s) has applied for allotment of a apartment unit in Affordable Group Housing Project in Sector 32 A, Karnal, Haryana on the land measuring 5.6534 Acres. The aforesaid project consisting of approx. 877 apartment units is being developed by the company under Affordable Housing Policy 2013, issued by Haryana Govt., Town and Country Planning Department and notified vide Notification no. PF27/48921 Dated 19 August 2013 read with notification memo no. PF/27/2015/Secy/211 dated 22 July 2015. The license for this Affordable Group Housing Project has already been issued to the Company vide License No. 02 of 2016.
02. The Applicant(s) is aware of the fact that this application is a mere request by the Applicant(s) for the allotment of an apartment unit in the project and the same may be allotted strictly as per the said policy. Only those applications shall be considered for draw of lots which are complete in all respects and fulfil the criteria mentioned in this Application Form or otherwise provided under the Affordable Housing Policy. All ineligible applications shall be
returned within one month of completion of scrutiny along with the 5% booking amount received along with the Applications Form. No interest in such cases shall be paid by the Company. The application of the
applicant shall be scrutinised by the Company as per parameters prescribed in the said policy under the overall monitoring of concerned District Town Planner (DTP). It is not possible to check the eligibility of applicant(s) at the time of acceptance of the form. Therefore, those who are not eligible would register their names at their own risk and would not be entitled for allotment of apartments, if at a later stage it is detected that they are not eligible under the scheme.
03. The Applicant(s) understands that the booking amount is to be paid along with this Application Form in the form of Demand Draft/Cheque and the same will not be accepted after the date of closure. In case it is found at any stage that the issued date of payment instrument is after the closure of the scheme, such applications would be summarily
rejected and the Applicant(s) would be solely responsible for it. Company would not entertain any such application in the draw of lots.
04. That up to 5% of the total number of apartments as approved in the building plans may be allotted by the Company to its employees/associates/friends/relatives etc. subject to the disclosure of their name/address and other identification details to the Allotment Committee and the allotment procedure for such apartments shall also be completed along with the draw of apartments/units for general category apartments. The rates and eligibility criteria prescribed under this policy shall continue to be applicable on such preferential allotments also and the allotment procedure shall be completed along with general category apartments. In case less allotments are made for such preferential category apartments, the extra availability shall be merged with general category allotments.
05. The Applicant(s) acknowledges that if the present application is accepted, then the allotment of apartments shall be done through draw of lots in the presence of a committee consisting of Deputy Commissioner or his representative (at least of the cadre of Haryana Civil Services), Senior Town Planner (Circle Office), DTP of the concerned district and the representative of the Company or as may be determined by DTCP under policy.
06. The Applicant(s) is aware of the fact, understands and acknowledges that the size, plan, and unit allotted under the 2 BHK & 1 BHK may increase as the Developer has following categories of apartments. The Developer is charging booking amount on minimum size of 1 BHK & 2 BHK. So, the Applicant shall be liable to pay an additional
proportionate amount on total sales consideration according to the sales price mentioned, that shall be calculated on the basis of per sq.ft at the time of allotment itself.
07. The list of successful allottees shall be published in the newspaper by the Company and also on the website of DTCP. In case there are any shortcomings in the application of any such successful allottee, he/she may be granted an opportunity of removing such shortcomings in his application in all respects within a period of 15 days failing which
his/her claim shall be forfeited. The said 15 days period shall start from the date of publication of the list of successful allottees in the newspaper, marking those successful applications with minor deficiencies for information and notice for such applicants/allottees for removing such deficiencies and submit the same to the concerned DTP.
08. The date for draw of lots shall be issued by the Developer informing the Applicants about the details regarding date/time and venue of the draw of lots in the same newspapers in which the original advertisement was issued. All non-successful applicants shall be refunded with the booking amount within 15 days of holding the draw of lots. If the Company is not in a position to refund the booking amount within the aforesaid period, the Company shall refund the said amount with simple interest at the rate of 10% per annum calculated for the period beyond 90 days from closure of booking ( i.e. 90 days from last date of application of booking) in complete discharge of its obligation. In case of surrender of an apartment by any successful applicant, an amount of Rs. 25,000/- will be deducted by the Company. Such an apartment may be considered by the committee for offering to those applicants falling in the waiting list. The waiting list, for a maximum of 25% of the total number of apartments available for allotment, shall be maintained for a period of 2 years after which the booking amount shall be refunded back to the waitlisted applicants, without any interest. If any waitlisted candidate does not want to continue in the waiting list, he may seek withdrawal and the Company shall refund the booking amount within 30 days without imposing any penalty.
09. The Applicant(s) understands that for getting refund, the Applicant(s) has to clearly mention his/her bank account number. In case the application is in joint name, refund will be made by the Company in the name of the first applicant only and therefore, only his bank account number should be given. This account number and bank particular will be printed on cheque, hence applicant should carefully fill these particulars in the application form. In case the booking amount has been paid from the account of the firm/company etc. of the Applicant(s) still for the
purpose of refund, the Applicant's bank details have to be provided as the same would be printed on refund cheque. In case of mismatch of account number and payee's name, the bank would not clear the instrument. The Applicant(s) is to recheck this before submitting the application form.
10. Applicant(s) understands that following documents are to be submitted for refund in case of surrender/ cancellation :
a) Original allotment-cum-demand letter issued by the Company in respect of allotted apartment unit.
b) Proof of residence, in case there is change of address as given in the application form.
c) Photocopy of passbook or Bank Manager's/In- -charge's certificate, in case there is change in bank particulars from that given in the application form.
11. The Applicant(s) agrees and understands that if he either himself or his spouse or any dependent children does not own any apartment/plot in any HUDA developed colony/sector or any licenced colony in any of the urban areas in Haryana, UT of Chandigarh and NCT Delhi, shall be given first preference in the allotment of the apartment. Applicant(s) and/or his spouse and/or his dependent children can file only one application in this project. The Applicant(s) shall also disclose in writing to the Company whether he or his spouse or any of his dependent children have made any other application for allotment of an apartment unit in any other affordable housing project colony in Haryana. In case, the applicant is successful in more than one colony, he will have choice of retaining one apartment only.
12. The Applicant confirms that the information supplied/furnished by him in or pursuant to this Application is correct and all documents supplied for obtaining allotment are authentic and genuine. In case any information given or Affidavit documents supplied or representation made by the Applicant(s) for obtaining allotment is found to be false including quoting wrong PAN number or suppressing any material fact at any time whatsoever, the Company shall be entitled to forthwith reject/cancel the allotment if made in favour of the Applicant(s) and forfeit the booking amount. In such an event, the Applicant(s) shall not have right, title or interest of any nature in the said Apartment and/or the Project and/or against the Company or any of its directors and the Company shall be competent to use, utilise, deal with the aforesaid apartment unit as per the said policy without any hindrance or obstruction from the Applicant(s). In case multiple applications are received from any individual and if, by any chance, multiple allotments are made in the draw to a particular applicant who has submitted multiple applications, in such cases all the allotments to the articular individual would be cancelled and booking amount shall be forfeited. This will be without prejudice to Company's right to take such other action as may be permissible in law.
13. The Applicant(s) has/have duly verified and fully satisfied himself/herself about the unencumbered right, title and interest of the Company in the land on which the said project is being developed including but not limited to any location, approvals, limitations and drawbacks (if any) and henceforth shall not raise any claim and/or objection in this
14. That the Applicant(s) has made this application with full knowledge of the fact that this application as well as the allotment and purchase of the apartment unit is subject to various eligibility criteria and restrictive covenants prescribed by the competent authority under the said policy. The Applicant(s) represents and warrants that he fully meets all the eligibility criteria and undertakes to abide by all the terms and conditions applicable to the allotment and
purchase of the said apartment unit under the aforesaid scheme/policy.
15. That the Applicant(s) is aware of the fact that the Company is in the process of developing the Affordable Group Housing Colony on the said land as detailed on its website in terms of the said policy. The carpet area of the apartment shall be as mentioned in this Application Form. The term 'carpet area' shall mean the net usable covered
floor area bound within the walls of the apartment, including the area forming part of kitchen, toilet, bathroom, store and built-in cupboard/almirah/shelf, which being usable covered area shall form
part of the carpet area, but excluding the area covered by the walls and any balcony which is approved free of FAR. The actual carpet area shall be charged as per final built-up area as shown in the declaration deed filed after occupancy certificate. The Applicant(s) is also aware that 4% of the Net Planned Area at 175 FAR is the area for the
commercial use by the Company as per the said policy. The said commercial area/shopping area is to the exclusive ownership and use of the company and Applicant(s), and any association has no right whatsoever on the same.
16. That, the Applicant(s) hereby undertakes that he/she shall abide by all laws, rules, regulations, notifications, terms and conditions of Central Government, Haryana Government, Haryana Urban Development Authority, Registrar of Societies, Local Bodies, Taxation, Environment, Fire, Explosive, Groundwater, Excise, The Haryana Apartment
Ownership Act, 1983 etc. and any alteration(s)/ amendment(s)/modification(s) thereto, and shall be liable for defaults and/or breaches of any of the conditions, rules or regulations as may be applicable to the said project.
17. The Parking space shall be provided in accordance with the provision of the policy in this regard. The Applicant(s) acknowledges that only one twowheeler parking site shall be earmarked for an applicant which shall be allotted to him. No car parking shall be allotted to any applicant in the said project. The parking space shall be the integral part
of the apartment unit and shall not be used, transferred or dealt with independently of the apartment unit. The balance available parking space, if any, beyond the allocated two-wheeler parking sites, can be earmarked by the Company as 'free visitor car parking space'. The Applicant(s) agrees not to park their vehicle(s) on the pathway or
open spaces of the building/complex or at any other place except the space exclusively allotted, for this purpose.
18. In case the present application of the Applicant is successful in the said draw of lots, he shall be required to pay Rs. 2,00,000/- (Rupees Two lakh only) on the date of draw and pay 25% amount of the total cost of the apartment to the Company within one month of the date of draw of lots. The balance 75% shall be payable by the Applicant(s) in
six equated six-monthly installments spread over a three year period from the date of draw. Six postdated cheques in this regard shall be submitted by the Applicant(s) to the Developer at the time of allotment of the apartment unit. Any default in payment by the Applicant shall invite interest @15% p.a. If the applicant fails to deposit the installment within the time period as prescribed in the allotment letter issued by the Company, a reminder may be issued to him for depositing the due installment within a period of 15 days from the date of issue of such notice. If the Applicant(s)/Allottee still defaults in making the payment, the name of such a defaulter may be published in one regional Hindi newspaper for payment of due amount within 15 days from the date of publication of such notice,
failing which, his allotment may be cancelled by the Company. In such cases, an amount of Rs. 25,000/-
shall also be deducted by the Company and the balance amount shall be refunded to the applicant in installments through post dated cheques (without any interest). Such apartment(s) may be considered by the committee for offer to those Applicants falling in the waiting list. (Refer to Annexure II)
19. The complete set of specifications to be adopted by the Company for finishing/fittings to be provided in the said apartment, viz., flooring (rooms, kitchen, toilet, bathroom, balcony, common areas, staircase etc.), door & window frame and panel; kitchen worktop & wall finishing, toilet & bathroom fittings and wall finishings, internal electrical wiring, fittings, electrical points etc., internal public health services-pipes and fittings, sewage and sanitary fittings, wall finishing, staircase and balcony railings etc., are annexed herewith as "Annexure-I".
20. All the payments agreed to be made by the Applicant(s) in accordance with the payment plan shallbe made by way of Cheque/DemandDraft/ NEFT/RTGS in favour of "Aegis Value Homes Limited" subject to realisation of Cheque/Demand Draft. In case the Applicant(s) makes the payment by an outstation cheque, then his payment would be deemed to have been received on the date on which the said cheque will get credited into the bank account after deduction of the outstation clearing charges.
21. The Applicant(s), before taking possession of the said apartment in any manner, must clear all the dues towards the allotted apartment and have the Conveyance Deed for the said apartment executed in his favour after paying Registration fee, Stamp Duty and other charges. The Applicant(s) shall pay, as and when demanded by the Company, the Stamp Duty, Registration fee and all other incidental and legal expenses for execution and registration of Conveyance Deed of the said apartment in favour of the Applicant(s). The Conveyance Deed shall be
executed and registered after receipt of the total cost of the apartment and other dues as specified in this form or the Buyer's Agreement as the case may be and the said charges and expenses may be payable or demanded from the Applicant(s) in respect of the said apartment allotted to him/her. In case the Applicant(s) fails to deposit the Stamp
Duty, Registration charges and all other incidental and legal expenses etc. so demanded within the period mentioned in the demand letter, the Company shall not be under any obligation to execute the Conveyance Deed. The Applicant(s) undertakes to execute the Conveyance Deed within a period of sixty (60) days from the date of Company intimating in writing the receipt of the certificate, for use and occupation of the said building from the competent
22. That the Company shall sincerely endeavour to offer possession of the said apartment to the Applicant(s) within the validity period of 4 years of sanction/clearance of building plans or receipt of environmental clearance, whichever is later, subject to the force majeure conditions which inter-alia include strike, lock-out, court injunction, civil commotion or by reason of war, enemy or terrorist action, earthquake, any act of God or delay in grant of completion/occupation certificate by the govt. and/or any other public or competent authority delay in providing basic infrastructure facilities viz. HUDA water & sewer connection or bulk electricity supply or sector roads and subject to the applicant(s) having complied with all the terms of this Application Form or agreement to sell.
23. The Applicant(s) shall take over the possession of the apartment unit within a period of 30 days from the date of intimation in writing by the Company, failing which, the Applicant(s) shall be deemed to have taken the possession of the apartment unit. In such a case, the Company shall not be responsible for any loss or damage or trespassing in the said apartment unit.
24. For a period of five years from the date of grant of occupation certificate, the maintenance works and services in relation to the common areas and facilities of the project shall be provided by the Company through itself or its appointed maintenance agency. The Applicant(s) shall pay the water and electricity consumption charges as per actual meter reading and/or pro rata consumption. The internal maintenance of respective apartment shall
be sole responsibility of the Applicant only. The Developer shall not be responsible for internal maintenance of apartment in any circumstance. After the aforesaid period of 5 years, the said project shall be transferred to the association of the apartment owners constituted under the Haryana Apartment Ownership Act, 1983. The association
shall overtake the provision of the maintenance services to the project and thereafter the Company shall have no further obligation to provide any maintenance services in the said project.
25. The Applicant(s) undertakes that he shall become a member of the 'association of apartment owners' that shall be formed under the provisions of Haryana Apartment Ownership Act, 1983 and shall undertake all necessary steps and do all such acts and deeds including executing necessary documents, declarations, undertakings, deeds etc. as
and when required by the Company to do so.
26. The Applicant(s) undertakes to pay cost of Electricity and Water Meter etc., as well as the charges for water and electricity connection/pro rata bulk connection, as demanded by Developer at the time of possession of apartment to the Applicant.
27. The Applicant(s) agrees and undertakes to pay on demand all such taxes, cess, levies or assessment including VAT, service tax etc. whether already levied or leviable now or in future in relation to the project.
28. The Applicant(s) agrees and understands that allotment of the apartment shall be done through draw of lots in accordance with the provisions of Affordable Housing Policy and that only such applications shall be considered for draw of lots which are complete and which fulfil the criteria laid down in this policy.
29. The said apartment shall be used only for residential purpose and cannot be put to any other use. The Applicant(s) shall not be entitled to sub-divide the dwelling unit or amalgamate it with any other dwelling unit or to make any structural additions/alterations.
30. The said apartment along with the building in which the apartment is allotted shall be subject to the provisions of Haryana Apartment Ownership Act, 1983 or any statutory enactment or modifications thereof. The common areas and facilities and the undivided interest of each apartment owner in the common areas and facilities as specified by the Company in the declaration, which will be filed by the Company in compliance of Haryana Apartment Ownership Act, 1983 and shall be conclusive and binding upon the Apartment owners.
31. The Applicant(s) may obtain finance from any financial institution/bank or any other source for purchase of the apartment. The Applicant(s)'s obligation to purchase the apartment pursuant to this Application Form shall not be contingent on the Applicant(s)'s ability or competency to obtain such financing and the Applicant(s) will remain bound under this application form and/or Agreement to Sell whether or not the Applicant(s) has been able to obtain finances for the purchase of the said apartment unit. Further, any refusal/delay by any bank/financial institution in granting financial assistance and/or disbursement of loan or any subsequent installment, on any ground whatsoever, shall not entitle the Applicant(s) to use it as an excuse for delaying or defaulting in making the payment of installment(s) which have fallen due. Any such delay or default in making the payment of the installment(s), as per the payment plan, shall
make the Applicant(s) liable to pay the stipulated interest @15% p.a.
32. Notwithstanding anything contained herein, the Applicant(s) hereby unconditionally authorises and permits the Company to raise finance/loan from any financial institution/bank/lender/financier, including by way of equity dilution/assignment, creation of mortgage/charge/claims on or in relation to the said apartment and/or the project, provided that the said apartment shall be free of any encumbrances at the time of execution of Conveyance Deed for the said apartment in favour of the Applicant(s).
33. The Applicant(s) agrees that the Applicant(s) shall sign all applications, papers, documents and all other relevant papers as required to sign, in pursuance to the transactions and do all the acts, deeds and things as the Company may require for safeguarding the interest of the Company and/or the Applicant(s) in the project including in particular,
the requirement of the Income Tax Act 1961.
34. Upon the allotment of the apartment to the Applicant(s), he shall not be entitled to transfer or sell the apartment unit for a period of one year from the date of taking over the possession of the apartment unit. Breach of this condition shall attract penalty equivalent to 200% of the selling price of the apartment unit. The transfer of the apartment unit through execution of irrevocable General Power of Attorney (GPA), where the consideration amount
has been passed to the executor or any one on his behalf, will be considered as sale of the apartment unit and the same will be counted as breach of terms and conditions of the said policy. Penal proceedings as per prescribed provisions shall also be initiated against such an Applicant(s). Failure to deposit such penalty shall result in resumption of the said apartment and it will be re-allotted by the Company in consultation with Town and Country
Planning Department, Government of Haryana.
35. The Applicant(s)/deemed allottee shall plan, distribute and maintain his/her electrical load in conformity with the electrical systems installed by the Company and shall also maintain water and sewage lines passing through his/her apartment free of seepage/leakage. The non-observance of the provisions of this clause shall entitle the Company or the maintenance agency to enter the said unit if necessary and rectify or remove all non-conforming fitting and fixtures at the cost and expense of the Applicant(s). The Applicant(s) shall be liable for any loss or damages arising out of breach of any of the aforesaid conditions.
36. It is specifically understood and accepted by the Applicant(s) that any electrical point/gas point/fire pipes/water pipes/any other related services or any part & structure of walls shall not be tampered with or altered without prior written approval of the Company and the same shall be under regular inspection and clearance by the technical person of the Company or executed by the Company's nominated technical staff only. The Company shall not be liable for any damage /fire/accident caused due to such unauthorised tampering/alteration to the property as well as and damage that may be caused to the building/other people's property. The Applicant(s) shall be solely responsible for any/all consequences arising therefrom.
37. That the structure of the said building to be constructed in the said project will be insured against fire, earthquake, riots and civil commotion, militant action etc. by the Company or the maintenance agency on behalf of the Applicant(s) and the cost thereof shall be payable by the Applicant(s) but contents on each premises shall be insured by the Applicant(s) at his/her own cost. The Applicant(s) shall not do or permit to do any act or thing which may render void the insurance of any apartment unit in the said building or any part of the said building or cause increased premium to be payable in respect thereof for which the Applicant(s) shall be solely responsible and liable.
38. The Applicant(s) agrees to strictly comply with the code of conduct that may be determined by the maintenance agency for occupation and use of the said unit and such other conditions as the maintenance agency may deem fit from time to time, which may include but not limited to usage of the unit, operation hours of various maintenance
services, general compliances for occupants of the unit, regulation as to entry/exit of the visitors, invitees, guests, security, parking etc. The Applicant(s) understands that the code of conduct as may be specified by the maintenance agency is always subject to change by maintenance agency.
39. That the company has made it specifically clear to the Applicant(s) that the Company shall provide one built-up community hall and one built-up anganwadi cum creche as community sites in accordance with the provisions of the said policy.
40. That the Applicant(s) confirms that he has understood each and every clause/covenant of this Application Form and its/their legal implications thereon and has clearly understood his obligations and liabilities and the Company's obligations and limitations as set forth in this Application. The Applicant(s) shall keep the Company and their agents and representatives, estate and assets, indemnified and harmless against any loss or damages that the Company may suffer as a result of non-observance or non-performance of the covenants and conditions of this Application Form.
41. The Company shall endeavour to address and resolve all or any enquiries/complaints/disputes arising out of or relating to or concerning or touching the request/concerns/deficiency of service on part of any Company employee/Application/Agreement to Sell/Conveyance Deed including the interpretation and validity of the terms thereof and the respective rights and obligations of the parties within reasonable time of raising of enquiry/con
cerns/dispute to the Head, Customer Care Department or its nominee. If the concerns are not properly addressed even up to 90 days and all efforts failing, the same shall be referred to arbitration. The said time period is to be contingent on the Applicant(s)'s co-operation.
42. All or any disputes arising out of or upon or relating to the terms of this Application/ Buyer's Agreement/ Conveyance Deed including the interpretation and validity of the terms hereof and the respective rights and obligations of the parties, which cannot be amicably settled, 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 in New Delhi by a sole arbitrator appointed/referred to for the same. In case of any proceeding, reference etc. touching upon the arbitration subject including any award, the territorial jurisdiction shall be of Real Estate Regulator/ DGTCP (if any) consumer forums.
43. The Applicant(s) shall get registered his communication address and email address with the Company at the time of booking and it shall be the sole responsibility of the Applicant(s) to inform the Company about all subsequent changes, if any, in his e-mail address/postal address, by e-mail/registered letter and also obtain a formal specific
receipt of the same, failing which all communications/letters posted at the first registered e-mail address/postal address will be deemed to have been received by the Applicant(s) at the time, when those should ordinarily reach such address and he shall be responsible for any default in payment and other consequences that might occur therefrom. In all communications, the reference of the Project and allotted unit/apartment must be mentioned clearly.
I/We have fully read and understood the above mentioned terms and conditions and agree to abide by the same. I/We understand that the terms and conditions given above are of indicative nature with a view to acquaint me/us with the terms and conditions as comprehensively set out in the Allotment Letter/Sale-Purchase Agreement which shall, to the extent of any inconsistency, supersede the terms and conditions set out in this application.