Basics Terms & Conditions

  1. The applicant(s), with full knowledge of Laws, Notifications, rules as applicable has applied for allotment of Shop in “SMART SHOPS”, Smart Homes, Sector 32 A, Karnal, an affordable group housing being developed by the Developer.
  2. The applicant(s) has fully satisfied himself/herself/itself about the interest and title of the Company in the land of the present project.
  3. The applicant(s) has fully examined and have satisfied himself about the nature of rights, title and interest of the Company in the said project, which is being developed/ constructed by the Company as per the prevailing bye-laws/ guidelines of the Director, Town & 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 the terms and conditions of all the permissions, sanctions, directions etc. issued by DTCP, Chandigarh, Haryana, and/or by any other authorities in this regard the Company.
  4. All the applicable Govt charges, rates, tax or taxes, statutory levies whatever name called payable in relation to land, sale of the 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 be payable on Demand and the applicant(s) agree, accept to make said payments timely without any dispute. If such charges, taxes are not assessed separately; the same shall be paid by applicant(s) on the basis as demanded by the Company. 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 Company 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 Company and applicant(s). The applicant(s) have fully understood this clause and have agreed and accepted.
  5. The applicant(s) hereby agree and accepts to make timely payment of such the demands as and when raised by the company.
  6. The Super Area and exact Carpet area of the shop, and exact price calculation shall be communicated vide allotment as per the shop Allotted on the date of draw.
  7. Apart from the basic unit cost, other charges such as External Electrical Connectivity Charges, Labour Cess, Meter Charges, IFMS, Advance 1 year Meter Consumption charges shall be payable at the time of Possession.
  8. The applicant(s) shall before taking possession of Shop(s), must clear all the dues towards the shop and have the Conveyance Deed against the allotted shop(s) executed in his favour by the Company after paying stamp duty, registration fee and other charges/expenses.
  9. Earnest money shall mean 10% of the total price of shop/unit booked together with the interest on unpaid installments and interest on delayed payments. In case applicant(s), at any time opts for cancellation of the allotment, the Company would cancel such Allotment after forfeiting 10% of the total price of the shop/unit together with the interest on unpaid installments and interest on delayed payments, constituting the Earnest Money, and invoiced tax(es); thereafter the balance if any would be refunded. Applicant(s) hereby accepts and authorizes the Company to forfeit, out of the amounts paid/payable by it, the earnest money as aforementioned 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 applicant(s) to perform its obligations or fulfill all the terms and conditions mentioned in the application form/ Agreement of sale and User Charges cum Operating Cost Agreement and such other documents as may be required by the Company to be executed by the applicant(s) or in the event of failure of the applicant(s) to sign and return the Agreement of Sale/conveyance deed etc in its original form to the Company within Seven days from the date of its receipt by the applicant(s) and further not being turned up for registration of the said Agreement of Sale/conveyance deed etc within 7 days from date of request to do so.
  10. The applicant(s) shall use/cause to be used the said shop for commercial purpose only. This is a condition precedent and non-compliance thereof may invite cancellation of allotment of the shop and forfeiture of the earnest money.
  11. Timely payment of instalments of total price and allied charges pertaining to the shop is the essence of the terms of the allotment. However, in the event of breach of any of the terms and conditions of the allotment by the applicant(s), the allotment will be cancelled at the discretion of the Company and the applicable amount shall stand forfeited. The balance amount shall be refunded to the applicant(s).
  12. The applicant(s) shall get his / her / their complete address registered with the Company at the time of submitting the Application Form requesting the Allotment and it shall be his / her / their responsibility to inform the Company 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 applicant(s) and applicant(s) Agree and accept to pay for such accrued interest.
  13. The applicant(s) undertakes to abide by all Bye laws, laws, rules, and regulations including the Shops and Commercial Establishment Act applicable in the state of Haryana, or any other law as may be made applicable to the said Shop Complex. Any lapses on account of this if results in any financial implications that would be to applicant’s account.
  14. Loans from financial institutions to finance the said shop 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 instalments / 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 instalments are delayed by the applicant(s) to the company the applicant(s)agrees and accept to make the payment of accrued interest to the company, unconditionally. Further in case of default in repayment of dues of the financing institution or bank by the Applicant, the Applicant authorize the Company to cancel the allotment and repay the amount received till that date after deduction of charges, taxes if any, etc directly to financing institution or bank on receipt of such request from financing institution or bank without any reference to the Applicant. Applicants undertake to pay any remaining outstanding amount after such refund.
  15. The applicant(s) shall have no objection in case the Company 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 get vacated before handing over possession of the shop to the applicant(s).
  16. 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 shop and Commercial Complex.
  17. Detailed terms and conditions shall form integral part of the Agreement of sale which the applicant(s) shall execute.
  18. 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/ Agreement of sale, the terms whereof have been seen, read and understood/accepted by the applicant(s).
  19. In case there are joint applicant(s), all communications shall be sent by the Company to the applicant(s) 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 applicant(s) and no separate communication shall be necessary to the other named applicant(s).
  20. If any misrepresentation / concealment / suppression of material facts are found to be made by the applicant(s)/ (s), the allotment will be cancelled and the earnest money as mentioned hereinabove shall be forfeited and the applicant(s) shall be liable for such misrepresentation / concealment / suppression of material facts in all respect.
  21. The Courts at Karnal alone shall have jurisdiction in case of any dispute
  22. Parameters prescribed under Haryana Affordable Housing 2013 Policy shall be applicable. Applicant shall use LED fitting for internal lighting as well as campus lighting.