1. Applicant(s) has checked, verified and satisfied itself/themselves regarding the authorities and entitlement of the company to develop said plot as well as to construct said unit.
2. Applicant(s) has checked, verified and appraised itself/themselves with all laws, rules, regulation, notifications, circulars and policies of the government applicable on the land, where said colony and said unit is proposed to be developed.
3. Applicant(s) has checked, verified satisfied itself/themselves with layout plans for said colony as well as said unit. Applicant(s) understand that said layout plans shall be subject to such amendments and alterations which the company may in its sole discretion deem fit and proper.
4. Company shall exclusively determined as to what kind of material shall be used in development of said plot and in construction of said unit. Company shall exclusively determine the size of unit, Nature of facility and services to be provided in said colony and is said unit. Applicat(s) shall have no say in these regards and shall never interfere in the activities of company or in the development of colony.
5. Prior to execution of sale deed of said unit, Company may as any stage and at any time reject/cancel this application without assigning any reason and in case of such rejection /Cancelation by the company, applicat(s) will not be entitled to claim anything expect the refund of amount paid/deposited by the applicant along with interest thereon calculated @9% per annum with effect from the date of payment/Deposit till the date of such rejection/Cancellation.
6. Applicant(s) shall never hold the company’s liabilities in cash there is any delay in the completion of development or in delivery of possession of said unit to applicant(s).
7. Specification of said unit given in accompanying application is merely the reference of applicant(s).
8. Amount equivalent to 10% of total basic sale price shall be deemed/considered as 'earns money' for transfer of said unit to the applicant(s). This earns money shall stand forfeited in cash of non fulfillment of these terms and conditions and also those of allotment letter and other agreements.
9. In addition to be basic Price, applicant(s) shall also be required to pay preferential Location Charges, utility Connection Charges, other additional charges which the company may impose/levy Statutory Charges/taxes including the proportionate External and infra structural Development charge(including enhancements thereof) which the government may impose/levy
10. Timely payment by applicant(s) of installments of aforesaid total cast/price of said unit, as per payment plan opted by applicant(s) is essence of this deal. company may in its sole discretion on such terms as the company may deem fit and proper (including levying of interest @18% per annum) grant additional time to the applicant(s) for payment of any installment. In case applecant(s) fails to pay any of the installments within 60(sixty) days of demand thereof by company, company shall be intitled to cancel this application without giving any further notice to applicant(s).in case this application in cancelled by company on the ground of nonpayment of any installment by applicant(s) ,company shall be entitled to forfeit earnest money and shall refund the remaining amount(if any) paid by the applicant(s) to the company for said unit,without an interest.
11. In addition to the aforesaid total cast/price of unit applicant(s) shall also be liable to regularly pay Monthly Common Area Maintenance Charge to the company or to any agency nominated by the company for maintaining the Common Areas and providing facilities in aforesaid. Applicant(s) shall also keep deposited interest Free Maintenance Security with company or with maintenance agency .Rate for monthly Common Area Maintenance charges shall be exclusively determined by the company or its said nominated agency. In case the applicant(s) fail to pay the monthly Common Area Maintenance Charges Within the time allowed by the company or its said nominated agency the applicant(s) shall be liable to pay interest calculated at the rate of 18% per annum on the defaulted amount for delayed period. In case the monthly common area Maintenance charges remain unpaid for 60 days from its due date, company shall be entitled to disconnect utility connections and withdraw other common services/facilities.
12. Subject to compliance of all terms & conditions contained herein, all laws and company‘s guidelines by the applicant(s) and payment of total cost/price of the said unit to the company. Booking /allotment of said unit shall be confirmed by company after construction thereof, by execution of sale deed in accordance with law. Applicant(s) shall be entitled to get said sale deed registered in the office of concerned Sub registrar, as per applicable laws. However, all cost and expenses of such registration shall be borne by the applicant(s). Till the execution of sale deed, Booking/Allotment of unit shall remain provisional.
13. Subject to other term and conditions contained herein and subject to payment of total Cost/Price of said unit by the applicant(s) to the company. Company shall deliver possession of said unit to applicant(s) within a period of two years from the date of sanction of plan Company shall be entitled to complete the development work in….(if remaining) even after the delivery of possession of said unit to applicant(s).
14. Applicant(s) shall not be entitled to Transfer/Assign its/ their claim/interest in this application or in said unit allowed/sold to the applicant(s) without prior written approval of company. Company may in its solo discretion, permit such Transfer/Assignment on such terms and conditions (including levying of fees /charges) as it may deem fit and proper.
15. After receiving possession of said unit applicant(s) shall use it only as specified in application form/allotment letter.
16. Applicant(s) shall execute further documents and agreements, as may be demoded by the company in company’s slandered formats with respect to said unit, within such time as may specified by company . in cost applicant(s) fail to execute such document or agreements on any ground (including on the ground of objection to any clause thereof) within the specified tine . The company may in its sole discretion cancel this application/allotment. In case this application/allotment cancelled by the company on this ground. The company shall be entitled to forfeit earnest money and shall refund the remaining amount (if any) paid by the applicant(s) to the company for said unit, without any interest.
17. Foreign applicant(s) and applicant(s) having NRI status shall themselves be exclusively responsible to comply with necessary formalities as laid down in foreign exchange Management Act and /or any other law governing this transaction/deal including remittance of payments/considerations and acquisition of immovable assets in India. In case it is ever found that any provision of any applicable law is not complied with, this application shall be liable to be cancelled. In such a situation company shall be entitled to forfeit earnest money and shall refund the remaining amount (if any) paid by the applicant(s) to the company for said unit, without any interest.
18. Company shall send it’s all letters/notices and communications to the sole/first applicant at his residential address given in the application from through registered/speed post or through courier. All such letters/notices and communications so send to the sole/first applicant shall be deemed to have been duly received by all applicant(s) within 72(seventy two) hours after dispatch. It is clarified that company shall not be liable to send separate communication, letters and notices to the second applicant or to applicant(s) other than the first applicant.
19. Applicant(s) may at its/their own responsibilities, risks, costs and consequences avail of loan for unit from any bank. However, if company empanels any one or more bank for providing loan to the applicant(s) for said unit, applicant(s) shall not call upon the company to comply with any formality of any bank other than bank (s) so emplaned by the company.
20. If the applicant(s) want to cancel the unit due to any reason what so ever [which request must be accompanied by ‘no objection certificate’ of Distributor/Agent if booked throw the Distributor/agent.
21. In case of any dispute concerning this application or matters arising there from, same shall be adjudicated by way of arbitration, which shall be conducted by an arbitration nominated exclusively by the company. Venue of arbitration and procedure to be followed shall be decided by the arbitrator as and when need arises.
22. For all legal matters between the company and applicant(s) Courts/Tribunals/Forums at Allahabad shall have the exclusive jurisdiction.
23. All the payments other than Plot sale consideration are to be made in favor of M/S Crystalindia InfraProject Pvt Ltd.Through Cheque/D.D. payable at Allahabad.
24. The Stamp Duty & Registration charges shall be borne by the applicant only & all the statutory Realted Payment will applicable as per Govt. Rule applicable.
I/We have read & understand all the terms & conditions mentioned herein & undersigned to buy the above mentioned plot.
Company shall have exclusive Rights to change, expand to revise or abandon altogether, the project or part of the project or any details. Therein including specifications and make one or more sub-division /s of any plot or combine two or more plots of the project, merge common passages/corridors/roads with plots wherever feasible, change the size and /or location of the common plots/construction in common plots/roads/entrance or the project whenever & wherever admissible under the rules or laws & all such changes, revisions, expansions, sub-divisions and /or combinations, additions, deletions, removals, etc., shall be binding to all.