Common use of CANCELLATION BY THE PURCHASER Clause in Contracts

CANCELLATION BY THE PURCHASER. Provided that where the Purchaser proposes to cancel/withdraw from the Project without any fault of the Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid I.E. 10% OF THE TOTAL CONSIDERATION for the allotment and the applicable GST payable on such Cancellation Charges and all interest liabilities of the Purchaser accrued till date of cancellation, the stipulated charges on account of dishonour of cheque, administrative charges as per Promoter’s policy and amount of stamp duty and registration charges to be paid/paid on deed of Cancellation of this Agreement and the applicable GST. Upon registration of the deed of cancellation in respect of the Flat/Unit and the Properties Appurtenant thereto and upon resale of the Flat/Unit and the Properties Appurtenant thereto i.e. upon the Promoter subsequently selling and transferring the Flat/Unit and the Properties Appurtenant thereto to another Purchaser and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount and the applicable GST payable on such Cancellation Charges, refund to the Purchaser, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, , administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges.. The Purchaser shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Purchaser shall have no claim of any nature whatsoever on the Promoter and/or the Flat/Unit and the Properties Appurtenant thereto and the Promoter shall be entitled to deal with and/or dispose off the Flat/Unit and the Properties Appurtenant thereto in the manner it deems fit and proper. It is clarified that all amounts collected as taxes, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned shall not be returned by the Promoter and the Purchaser shall be free to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositions.

CANCELLATION BY THE PURCHASER. Provided that where 11.1 In the event, the Purchaser proposes expresses its/his/her desire to cancelcancel this Agreement for any reasons whatsoever (save and except for reasons mentioned in Clause 6.4 hereinabove), then the Promoter shall be entitled to forfeit/withdraw deduct the Recovery Amounts from the Project without any fault Plot Consideration paid by the Purchaser till such cancellation and all the consequences of such cancellation stipulated in clause 6.3 hereinabove shall follow including the execution of the Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid I.E. 10% OF THE TOTAL CONSIDERATION for the allotment and the applicable GST payable on such Cancellation Charges and all interest liabilities of the Purchaser accrued till date of cancellation, the stipulated charges on account of dishonour of cheque, administrative charges as per Promoter’s policy and amount of stamp duty and registration charges to be paid/paid on deed Deed of Cancellation and handover of this Agreement and originals of all the applicable GST. Upon registration of the deed of cancellation documents in respect of the Flat/Unit and Plot to the Properties Appurtenant thereto and upon resale Promoter. 11.2 It is hereby clarified that forfeiture of the Flat/Unit and amounts as aforesaid are without prejudice to the Properties Appurtenant thereto i.e. upon other rights available to the Promoter subsequently selling and transferring including the Flatentitlement to levy such interest rate as prescribed under RERA. 11.3 Upon such cancellation/Unit and the Properties Appurtenant thereto to another Purchaser and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount and the applicable GST payable on such Cancellation Charges, refund to the Purchaser, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, , administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges.. The Purchaser shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Purchaser Purchaser’s right to the Plot shall have no claim of any nature whatsoever on the Promoter and/or the Flat/Unit and the Properties Appurtenant thereto forthwith cease to exist and the Promoter shall be entitled to deal with and/or dispose off re- allot/sell the Flatsame in favour of any third party at its discretion. 11.4 The Purchaser further agrees that receipt of the aforementioned refund by way of cheque, if any, by hand delivery/Unit registered post acknowledgment due at the address/encashed by the Purchaser or not, will be considered as the payment made by the Promoter towards such refund and its liability in terms of the Properties Appurtenant thereto said refund shall come to an end forthwith. The Purchaser shall not take or make any objection, contention, obstruction, claim or any proceeding in respect of the manner it deems fit and properPromoter re-selling/re-allotting the Plot to any person/s pending refund of balance monies (after deduction) as mentioned hereinabove. It is clarified that all amounts collected as taxesIn such an event, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned Purchaser shall not be returned entitled to claim any right, title or benefit of any nature whatsoever in respect of the Plot or any part thereof. 11.5 The Purchaser hereby grants to the Promoter the unequivocal and irrevocable consent to recover / set off / adjust the amounts payable by the Purchaser to the Promoter including the Plot Consideration, Possession Charges, Interest and / or Liquidated Damages against any other amounts payable by the Purchaser to the Promoter or by the Promoter to the Purchaser pursuant to this Agreement and in relation to the Plot. The Purchaser agrees and undertakes not to raise any objection or make any claims with regard to such adjustment / set off and the Purchaser claims, if any, of the Purchaser, in that regard, shall be free deemed to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionshave been waived.

CANCELLATION BY THE PURCHASER. Provided that where 11.1 In the event, the Purchaser proposes expresses its/his/her desire to cancelcancel this Agreement for any reasons whatsoever (save and except for reasons mentioned in Clause 6.4 hereinabove), then the Promoter shall be entitled to forfeit/withdraw deduct the Recovery Amounts from the Project without any fault Plot Consideration paid by the Purchaser till such cancellation and all the consequences of such cancellation stipulated in clause 6.3 hereinabove shall follow including the execution of the Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid I.E. 10% OF THE TOTAL CONSIDERATION for the allotment and the applicable GST payable on such Cancellation Charges and all interest liabilities of the Purchaser accrued till date of cancellation, the stipulated charges on account of dishonour of cheque, administrative charges as per Promoter’s policy and amount of stamp duty and registration charges to be paid/paid on deed Deed of Cancellation and handover of this Agreement and originals of all the applicable GST. Upon registration of the deed of cancellation documents in respect of the Flat/Unit and Plot to the Properties Appurtenant thereto and upon resale Promoter. 11.2 It is hereby clarified that forfeiture of the Flat/Unit and amounts as aforesaid are without prejudice to the Properties Appurtenant thereto i.e. upon other rights available to the Promoter subsequently selling and transferring including the Flatentitlement to levy such interest rate as prescribed under RERA. 11.3 Upon such cancellation/Unit and the Properties Appurtenant thereto to another Purchaser and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount and the applicable GST payable on such Cancellation Charges, refund to the Purchaser, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, , administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges.. The Purchaser shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Purchaser Purchaser’s right to the Plot shall have no claim of any nature whatsoever on the Promoter and/or the Flat/Unit and the Properties Appurtenant thereto forthwith cease to exist and the Promoter shall be entitled to deal with and/or dispose off re- allot/sell the Flatsame in favour of any third party at its discretion. 11.4 The Purchaser further agrees that receipt of the aforementioned refund by way of cheque, if any, by hand delivery/Unit registered post acknowledgment due at the address/encashed by the Purchaser or not, will be considered as the payment made by the Promoter towards such refund and its liability in terms of the Properties Appurtenant thereto said refund shall come to an end forthwith. The Purchaser shall not take or make any objection, contention, obstruction, claim or any proceeding in respect of the manner it deems fit and properPromoter re-selling/re-allotting the Plot to any person/s pending refund of balance monies (after deduction) as mentioned hereinabove. It is clarified that all amounts collected as taxesIn such an event, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned Purchaser shall not be returned entitled to claim any right, title or benefit of any nature whatsoever in respect of the Plot or any part thereof. 11.5 The Purchaser hereby grants to the Promoter the unequivocal and irrevocable consent to recover/set off/ adjust the amounts payable by the Purchaser to the Promoter including the Plot Consideration, Possession Charges, Interest and/or Liquidated Damages against any other amounts payable by the Purchaser to the Promoter or by the Promoter to the Purchaser pursuant to this Agreement and in relation to the Plot. The Purchaser agrees and undertakes not to raise any objection or make any claims with regard to such adjustment/set off and the Purchaser claims, if any, of the Purchaser, in that regard, shall be free deemed to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionshave been waived.

CANCELLATION BY THE PURCHASER. Provided that where 11.1 In the event, the Purchaser proposes expresses its/his/her desire to cancelcancel this Agreement for any reasons whatsoever (save and except for reasons mentioned in Clause 6.4 hereinabove), then the Promoter shall be entitled to forfeit/withdraw deduct the Recovery Amounts from the Project without any fault Plot Consideration paid by the Purchaser till such cancellation and all the consequences of such cancellation stipulated in clause 6.3 hereinabove shall follow including the execution of the Promoter, the Promoter herein is entitled to forfeit the entirety of the booking amount paid I.E. 10% OF THE TOTAL CONSIDERATION for the allotment and the applicable GST payable on such Cancellation Charges and all interest liabilities of the Purchaser accrued till date of cancellation, the stipulated charges on account of dishonour of cheque, administrative charges as per Promoter’s policy and amount of stamp duty and registration charges to be paid/paid on deed Deed of Cancellation and handover of this Agreement and originals of all the applicable GST. Upon registration of the deed of cancellation documents in respect of the Flat/Unit and Plot to the Properties Appurtenant thereto and upon resale Promoter. 11.2 It is hereby clarified that forfeiture of the Flat/Unit and amounts as aforesaid are without prejudice to the Properties Appurtenant thereto i.e. upon other rights available to the Promoter subsequently selling and transferring including the Flatentitlement to levy such interest rate as prescribed under RERA. 11.3 Upon such cancellation/Unit and the Properties Appurtenant thereto to another Purchaser and receipt of the sale price thereon, the Promoter shall after adjusting the booking amount and the applicable GST payable on such Cancellation Charges, refund to the Purchaser, the balance amount, if any of the paid-up Total Price and after also deducting interest on any overdue payments, , administrative charges as determined by the Promoter and exclusive of any indirect taxes, stamp duty and registration charges.. The Purchaser shall, at his own costs and expenses, execute all necessary cancellation related documents required by the Promoter. Upon the termination of this Agreement, the Purchaser Purchaser’s right to the Plot shall have no claim of any nature whatsoever on the Promoter and/or the Flat/Unit and the Properties Appurtenant thereto forthwith cease to exist and the Promoter shall be entitled to deal with and/or dispose off re-allot/sell the Flatsame in favour of any third party at its discretion. 11.4 The Purchaser further agrees that receipt of the aforementioned refund by way of cheque, if any, by hand delivery/Unit registered post acknowledgment due at the address/encashed by the Purchaser or not, will be considered as the payment made by the Promoter towards such refund and its liability in terms of the Properties Appurtenant thereto said refund shall come to an end forthwith. The Purchaser shall not take or make any objection, contention, obstruction, claim or any proceeding in respect of the manner it deems fit and properPromoter re-selling/re-allotting the Plot to any person/s pending refund of balance monies (after deduction) as mentioned hereinabove. It is clarified that all amounts collected as taxesIn such an event, charges, levies, cess, assessments and impositions and deposited with the appropriate authorities concerned Purchaser shall not be returned entitled to claim any right, title or benefit of any nature whatsoever in respect of the Plot or any part thereof. 11.5 The Purchaser hereby grants to the Promoter the unequivocal and irrevocable consent to recover/set off/ adjust the amounts payable by the Purchaser to the Promoter including the Plot Consideration, Possession Charges, Interest and/or Liquidated Damages against any other amounts payable by the Purchaser to the Promoter or by the Promoter to the Purchaser pursuant to this Agreement and in relation to the Plot. The Purchaser agrees and undertakes not to raise any objection or make any claims with regard to such adjustment/set off and the Purchaser claims, if any, of the Purchaser, in that regard, shall be free deemed to approach the authorities concerned for refund of such taxes, charges, levies, cess, assessments and impositionshave been waived.