The Promoter shall confirm the Carpet Area and final super area of the Apartment that has been allotted to the Allottee, after the construction of the Said Building / Apartment is complete and the occupation certificate /part occupation certificate (as the case may be) is granted by the competent authority, by furnishing details of the changes, if any, in the Carpet Area. The Total Price shall be recalculated upon confirmation by the Promoter. If there is a reduction in the Carpet Area then the Promoter shall refund the excess money paid by Allottee within 90 (ninety days) with annual interest at the rate prescribed in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the Carpet Area, which is not more than 5% (five percent) of the Carpet Area of the Apartment, allotted to the Allottee, the Promoter may demand that from the Allottee as per the next milestone of the Payment Plan as provided in Annexure D of Builder Buyer Agreement. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement. If the increase in the Carpet Area of the Apartment is more than 5% (five percent) and such variation is not acceptable to the Allottee, every attempt shall be made to offer an alternate unit of a similar size and nature within the Project, subject to availability. In the event that such a unit is available and the Allottee accepts such alternate unit, the applicable Total Price resulting due to such changed location / alternate unit shall be payable or refundable, as the case may be. No other claim, monetary or otherwise, shall lie against the Promoter. In the event, the Allottee does not accept such alternate unit or if there is no other unit of a similar size and nature at another location within the Project, the Allottee shall be refunded the actual amounts received against the Total Price along with interest thereon, at the rate prescribed in the Rules, which shall be full and final satisfaction and settlement of all claims / demands of the Allottee and no other claim, monetary or otherwise shall lie against the Promoter and the Apartment.
(Applicable in cases of loans) hereby authorizes the Promoter to (i) repay directly to the financing agency the entire disbursement amount received by the Promoter till that date from the financing agency, and (ii) forfeit, out of the amounts directly paid/payable by the Allottee (i.e., Allottee’s own contribution), the Booking Amount, any interest due, pre-equated monthly installment interest and commission / brokerage, if any, and refund the balance amount directly to the financing agency, without any interest, if any, OR the Allottee shall be liable to pay to the Promoter the deficit amount (i.e., the difference between the Booking Amount, any interest due, pre-equated monthly installment interest and commission / brokerage, if any, and the Allottee’s own contribution paid till the date of cancellation), within 30 (thirty) days from the date of cancellation. In case any excess amounts are left with the Promoter after (a) aforesaid forfeiture by the Promoter, (b) repayment to the financing agency of the entire amounts due to the financing agency, and (c) receipt of no-dues certificate from such financing agency, all such excess amounts shall be released to the Allottee.
(Applicable in cases of 100% self-financing) hereby authorizes the Promoter to forfeit, out of the amounts paid/payable by the Allottee (i.e., Allottee’s own contribution), the Booking Amount, any interest due and commission / brokerage payout borne by the Promoter, and refund the balance amount to the Allottee, without any interest, if any, OR the Allottee shall be liable to pay the deficit amount (i.e., the difference between the Booking Amount, any interest due and commission / brokerage, and the Allottee’s own contribution paid till the date of cancellation), within 30 (thirty) days of cancellation.
Cancellation by Promoter – The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the Project due to ‘force majeure‘, court orders, Government policy/ guidelines, decisions affecting the regular development of the Project, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received (after deducting the brokerage paid for the Apartment and interest for the delayed payments) by the Promoter from the Allottee within 90 (ninety) days from the date of termination. The Promoter shall intimate the Allottee about such termination at least 30 (thirty) days prior to such termination. After refund of the money paid by the Allottee, the Allottee agrees that he/ she shall not have any rights, claims etc., against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement.
Upon the occurrence of the Promoter Default as listed above, the Allottee is entitled to the following:
The Allottee shall have the option of terminating the Agreement/withdraw from the Project in which case, without prejudice to any other remedy available to the Allottee, the Promoter shall be liable to refund the entire money paid by the Allottee under any head whatsoever towards the purchase of the Apartment, along with interest at the rate prescribed in the Rules including compensation in the manner as provided under the Act within 90 (ninety) days of receiving the termination/withdrawal notice. Provided that where an Allottee does not intend to withdraw from the Project or terminate the Agreement, he shall be paid, by the Promoter, interest at the rate prescribed in the Rules, for every month of delay till the offer/handing over of the possession of the Apartment, which shall be paid by the Promoter to the Allottee within 90 (ninety) days from the date of it becoming due.