Common use of Failure of Allottee to take Possession of Unit Clause in Contracts

Failure of Allottee to take Possession of Unit. Upon receiving the Possession Notice from the Developer as per clause 7.2 above, the Allottee shall take possession of the Unit from the Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and after paying to the Developer the balance of Total Price together with all dues, outstanding and arrears thereto (if any), executing necessary documents, indemnities, declarations and such other documentation as prescribed, executing the conveyance deed with the Developer in the format prescribed and executing the sale deed (“Sale Deed”) and getting both duly stamped and registered with the Sub Registrar of Assurances, Gurugram within the time period as mentioned by the Developer in the Possession Notice (“Possession Notice Expiry Date”). The Developer shall give possession of the Unit to the Allottee as per terms and condition of the agreement. In case the Allottee fails to comply with the essential documentation, undertaking, etc. or fails to take possession within the time provided in the Possession Notice, such Allottee shall continue to be liable to pay holding charges at the rate of Rs. 110/- (Rupees Hundred and Ten only) per month per square meter of the Total Area of the Unit (“Holding Charges”) along with applicable maintenance charges towards upkeep and maintenance of the Common Areas and Facilities and Limited Common Areas and Facilities for the period of such delay, which shall be payable by the Allottee within the time period stipulated by the Developer. During the period of said delay the Unit shall remain locked and shall continue to be in possession of the Developer but at the sole risk, responsibility and cost of the Allottee in relation to its deterioration in physical condition.

Failure of Allottee to take Possession of Unit. Upon receiving the Possession Notice a written intimation from the Developer as per clause 7.2 abovePromoter, the Allottee shall take possession of the Unit from the Developer Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement Agreement, and after paying to the Developer the balance of Total Price together with all dues, outstanding and arrears thereto (if any), executing necessary documents, indemnities, declarations and such other documentation as prescribed, executing the conveyance deed with the Developer in the format prescribed and executing the sale deed (“Sale Deed”) and getting both duly stamped and registered with the Sub Registrar of Assurances, Gurugram within the time period as mentioned by the Developer in the Possession Notice (“Possession Notice Expiry Date”). The Developer Promoter shall give possession of the Unit to the Allottee as per terms and condition of the agreement. In allottee, in case the Allottee fails to comply with the essential documentation, undertaking, etc. or fails to take possession within the time provided in the Possession Noticeprovided, such Allottee shall continue to be liable pay maintenance charges as applicable, it shall be deemed that the possession of unit have been taken over by the allottee from the date when the possession is offered and period of five years of defect liability clause shall also start from the date of making offer of the possession of unit. Possession by the Allottee- After obtaining the occupancy/completion certificate and handing over physical possession of the Unitto the Allottees, it shall be theresponsibility of the Promoter to pay holding charges at hand over the rate necessary documents and plans, including common areas, to the association of RsAllottees or the competent authority, as the case may be, as per the local laws. 110/- (Rupees Hundred Provided that, in the absence of any local law, the promoter shall handover the necessary documents and Ten only) per month per square meter plans, including common areas, to the association of allottees or the competent authority, as the case may be, within thirty days after obtaining the completion certificate). Cancellation by Allottee- the Allottee shall have the right to cancel/withdraw his allotment in the Project as provided in the Act; Provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forfeit 10% of the Total Area Price as specified above in regard to the unit. The balance amount of money paid by the Unit (“Holding Charges”) along with applicable maintenance charges towards upkeep and maintenance of allottee shall be returned by the Common Areas and Facilities and Limited Common Areas and Facilities for promoter to the period allottee within 60 days of such delay, which shall be payable by the Allottee within the time period stipulated by the Developer. During the period of said delay the Unit shall remain locked and shall continue to be in possession of the Developer but at the sole risk, responsibility and cost of the Allottee in relation to its deterioration in physical conditioncancellation without any interest &compensation amount.

Failure of Allottee to take Possession of Unit. Upon receiving the Possession Notice a written intimation from the Developer Promoter as per clause 7.2 Clause No. 11.2 (i) above, the Allottee shall take possession of the Unit from the Developer Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and after paying to the Developer the balance of Total Price together with all dues, outstanding and arrears thereto (if any), executing necessary documents, indemnities, declarations and such other documentation as prescribed, executing the conveyance deed with the Developer in the format prescribed and executing the sale deed (“Sale Deed”) and getting both duly stamped and registered with the Sub Registrar of Assurances, Gurugram within the time period as mentioned by the Developer in the Possession Notice (“Possession Notice Expiry Date”). The Developer Promoter shall give possession of the Unit to the Allottee as per terms and condition of the agreementAllottee. In case the Allottee fails to comply with the essential documentation, undertaking, etc. or fails to take possession within the time provided in the Possession Noticeas per ▇▇▇▇▇▇▇▇.11.2above, such Allottee shall continue to be liable to pay holding maintenance charges as specified under Clause No. 11.2 (ii) above. If the Allottee fails to take the possession of the Unit as aforesaid within the time limit prescribed by the Promoter in its notice, the Unit shall be at the rate risk and cost of Rsthe Allottee and the Promoter shall have no liability or responsibility in respect thereof. 110/- It is further agreed that in the event of his/her failure to take possession of the Unit in the manner as aforesaid, the Promoter shall have the option to cancel this Agreement and avail the remedies as are available in law and in terms of this Agreement or the Promoter may, without prejudice to its rights under any of the clauses of this Agreement and at its sole discretion, decide to condone the delay by the Allottee in taking possession of the Unit in the manner as stated in this clause on the condition that the Allottee shall pay to the Promoter liquidated damages calculated @ INR 5 /- (Indian Rupees Hundred and Ten five only) per month per square meter sq. ft. of the Total Carpet Area per month, for any delay of full one month or any part thereof, for the entire period of delay. The Allottee acknowledges that the liquidated damages stipulated above are just, fair and reasonable damages which the Promoter will suffer on account of delay in taking possession of the Unit. Possession of the Allottee- After obtaining the completion/occupancy certificate and handing over physical possession of the Unit to the Allottee, it shall be the responsibility of the Promoter to handover the necessary documents and plan, including common areas to the Maintenance Society or the competent authority, as the case may be, as per the local laws: Provided that, in the absence of any local law, the Promoter shall handover the necessary documents and plans, including common areas, to the Maintenance Society appointed by the Promoter or the competent authority, as the case may be, within 30 (“Holding Charges”thirty days) along with applicable maintenance charges towards upkeep and maintenance after obtaining the completion certificate. Possession of the common area- It is agreed by the Parties that the Allotee shall have no right to claim partition of the Common Areas and Facilities Facilities, and Limited Common Areas and Facilities for the period of such delay, which possession thereof shall be payable always remain with the Promoter and/or the Maintenance Agency appointed by the Allottee within Promoter, and the time period stipulated by the Developer. During the period of said delay the Unit shall remain locked and shall continue same is not intended to be in possession given to the Allotee except a limited right of the Developer but at the sole riskuse, responsibility and cost subject to payment of the Allottee in relation to its deterioration in physical conditionall charges.

Failure of Allottee to take Possession of Unit. Upon receiving the Possession Notice from the Developer as per clause 7.2 above, the Allottee shall take possession of the Unit from the Developer by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and after paying to the Developer the balance of Total Price together with all dues, outstanding and arrears thereto (if any), executing necessary documents, indemnities, declarations and such other documentation as prescribed, executing the conveyance deed with the Developer in the format prescribed and executing the sale deed (“Sale Deed”) and getting both duly stamped and registered with the Sub Registrar of Assurances, Gurugram within the time period as mentioned by the Developer in the Possession Notice (“Possession Notice Expiry Date”). The Developer shall give possession of the Unit to the Allottee as per terms and condition of the agreement. In case the Allottee fails to comply with the essential documentation, undertaking, etc. or fails to take possession within the time provided in the Possession Notice, such Allottee shall continue to be liable to pay holding charges at the rate of Rs. 110/- (Rupees Hundred and Ten only) per month per square meter of the Total Area of the Unit along with applicable Taxes (“Holding Charges”) along with applicable maintenance charges towards upkeep and maintenance of the Common Areas and Facilities and Limited Common Areas and Facilities for the period of such delay, which shall be payable by the Allottee within the time period stipulated by the Developer. During the period of said delay the Unit shall remain locked and shall continue to be in possession of the Developer but at the sole risk, responsibility and cost of the Allottee in relation to its deterioration in physical condition.