Term and Conditions of Deen Dayal Affordable Floors
I/We understand that NB Buildcon Pvt Ltd is developing a residential colony by the name of “Gokulam” on land admeasuring 10.4125 Acres (said land) under license No. 168 of 2022Dated- 21.10.2022 issued by DTCP, Haryana situated in revenue estate of sector-7, village/Tehsil Sohna, District- Gurugram, Haryana (Licensed Residential Colony) , which may further be augmented with further land parcels situated within and adjacent to the boundary of Said Land.
The Licensed Residential colony is being developed in multiple phase and the phase comprised of affordable plotted residential development , under name and style of “Gokulam”. I/We have made application for Independent Floor in the project under name and style “Gokulam The Sanctuary”.
I/We confirm that I/We shall not have any objection whenever NB Buildcon Pvt Ltd makes suitable and necessary alterations in the layout plan of Licensed Residential colony including the plotted affordable residential development , if necessary for better planning of the layout of project “Gokulam” or as per approvals/ instructions/ guidelines/ regulations of the competent authorities and such alterations may involve license of additional area adjacent to Licensed Residential colony.
We are aware that Gokulam project is planned to be developed by NB Buildcon Pvt Ltd in accordance with the layout plan sanctioned by the Competent Authority, which may be changed from time to time by the Competent Authority. Further, we have seen, understand and acknowledge that there are others land parcels situated within and adjacent to the layout plan area, which may be acquired by NB Buildcon Pvt Ltd for the purpose of coherent, comprehensive and contiguous development and will thus require revision of the layout plan for the Licensed Residential colony subsequent to obtaining license for such additional area. We also acknowledge that NB Buildcon Pvt Ltd may also make such additions or alterations, or such changes or alterations as per the provisions of the Act and Rules made there under or as per approvals/ instructions/ guidelines/ regulations of the competent authorities. Considering all the above circumstances, we hereby confirm that we shall have no objection if NB Buildcon Pvt Ltd makes suita le and necessary alterations in the layout plan of the Project, if necessary for better planning of the layout of the Project and /or as per approvals/ instructions/ guidelines/ regulations of the competent authorities and such alterations may involve license of additional area adjacent to the Project, de-license of part area, change in the planned road network , common areas, change in the identification number of the Plot/Floor, and subject to mutual consent , change in the access , change in location of Plot/Floor, dimensions or area of the Plot/Floor, etc. subject to the above which in turn would affect the size and location of the independent floor, we agree to inform NB Buildcon Pvt Ltd or the competent Authority in writing , our consent or objections to the changes with 30 days from the date of intimation of such changes in the layout plan provided by NB Buildcon Pvt Ltd to us failing which we shall be deemed to have given our full consent to such alterations/ modifications.
I/We understand and confirm that the Total Price, as stated in the application form, includes conversion , development and zoning of the Plot and Floor and cost of infrastructure facilities namely, storm water drain/ sewage water drainage system at battery limits of the Plot, common approach road to the entry gate of the Plot, I/We agree and confirm that NB Buildcon Pvt Ltd will endeavour to provide motor able approach road to the entry gate of the Plot, before commencement of construction and completion of all aforesaid infrastructure facilities before completion of construction and obtaining occupation certificate to occupy the Plot and Floor.
I/We am/are aware that at the time of measurement, there may be variation upto ± 5% (five percent) in actual area of the Floor. The actual measurement and demarcation of the Floorwill be done at site before the execution of the delivery of possession and difference in Total Price would be settled accordingly.
I/We acknowledge and affirm that the payment of instalments is time linked and is alsorelatable to or subject to, in any manner, completion of different stages of infrastructure development/ implementation of the Project. NB Buildcon Pvt Ltd shall not be required to send any demand notice or reminders to me/us for payments of due instalment(s) as set out in the application. Since timely payment of all the instalments is the essence of the contract, I/We undertake to pay the instalments on or before the due dates as stipulated in this Application failing which my allotment of the Floor will forthwith be cancelled and NB Buildcon Pvt Ltd shall have the right to forfeit the booking amount.
I/We authorize NB Buildcon Pvt Ltd to adjust/ appropriate all payments made by me/us under any heads of dues against any of my/our outstanding, including but not limited to outstanding interest amount, as per terms of the Agreement For Sale.
All delayed payments shall carry interest calculated at SBI MCLR plus 2% (Two Percent) compounded at quarterly rests.
I/We have clearly understood that on receipt of the booking amount, NB Buildcon Pvt Ltd will issue me/us provisional allotment letter for the Floor. Such allotment shall become final only after execution and registration of Agreement For Sale.
I/We shall establish my/our residential unit on the Floor and shall not use the Floor for any other purposes, viz commercial, industrial, warehousing etc.
I/We have seen and understood the site and scheme of development, approved layout plans/ licenses / approvals issued by DTCP, Haryana, Project registration issued by Haryana Real Estate Regulatory Authority, Gurugram, environmental clearance approvals/ other approvals and documents. The aforesaid Licenses, approvals and registrations provide for certain compliances and obligations on NB Buildcon Pvt Ltd. I/We agree to abide and comply with all such conditions and obligations that are applicable with respect to the Floorallotted to me/us.
I/We confirm that all the information and clarifications as required by me/us have been provided / made available to my/our satisfaction and I am/ we are fully satisfied with the same and have fully acquainted myself/ourselves of all the particulars of the Project. I/We hereby confirm that I/We are signing this Application with full knowledge of all the laws, rules, regulations, notifications, etc. applicable to the Floor and Project - “Gokulam The Sanctuary”.
Post development of the all phases of the Licensed Residential colony, NB Buildcon Pvt Ltdmay form a single association/ separate associations/ apex body in its Licensed residential Colony. I/We undertake to become member of such association formed for the Project and shall have no objection of any nature in NB Buildcon Pvt Ltd using right of way on the common area/ road to access its other land parcels adjacent to the Project for development.
I/We undertake that I/We shall execute the sale deed (instrument for transfer of title in the Floor) with NB Buildcon Pvt Ltd in the form, substance and manner as prescribed by NB Buildcon Pvt Ltd, draft of which is provided hereunder and the same shall be registered within the time prescribed. The entire stamp duty and registration fee on such transfer, including any other charges payable thereon, shall be borne entirely by me/us.
I/We understand and acknowledge that the Total Price for the Floor includes Goods and Service Tax, in case of any change in taxes as may be levied by the Government (collectively hereinafter referred to as “Government Charges”) from time to time. I/We accordingly agree and undertake to pay to NB Buildcon Pvt Ltd, as and when demanded by NB Buildcon Pvt Ltd all such Government Charges in relation to the Floor as applicable, and all increase thereto, as may be levied by the Government from time to time in the same proportion as the area of the Floor bears to the total area of Gokulam The Sactuary, on which such Government Charges have been levied. In the event NB Buildcon Pvt Ltd pays any Government Charges for the Floor, I/We hereby agree and undertake to make good the aforesaid payments to NB Buildcon Pvt Ltd within a period of 30 (Thirty) calendar days from the date of the demand by NB Buildcon Pvt Ltd failing which the I/We shall pay interest on such delayed payments, at the rate of 15% (Fifteen Percent) per annum compounded with quarterly interest. NB Buildcon Pvt Ltd shall have lien/first charge on the Floor for all unpaidamounts and in the event of any non-payment/non-compliance , NB Buildcon Pvt Ltd will be entitled to exercise and enforce its lien/first charge over the Floor at my/our cost and expense.
I/We understand that NB Buildcon Pvt Ltd will provide common area maintenance services and other infrastructure service for all the plot/floor owners in Project/Licensed Residential colony on use and pay basis. I/We undertake to execute Common Area Maintenance Services Agreement, Water Supply and services Agreement and other such agreements and undertake to pay charges fixed by NB Buildcon Pvt Ltd from time to time.
I/We agree that Possession of the Floor shall be handed over by NB Buildcon Pvt Ltd on as per specification attached. I/We acknowledge that I/We have applied for the allotment of the Floor after physical examination of the prevailing conditions of the floor to my/our satisfaction. I/We agree that we will obtain possession of the floor within a period of 30 (Thrity) days from the date of conditional offer/offer of possession by NB Buildcon Pvt Ltdafter making full payment of balance instalments. I/We agree that if I/We fail to obtain possession of the Floor within the stipulated timelines, then I/We shall be liable to pay to NB Buildcon Pvt Ltd applicable common area maintenance charges for the upkeep and maintenance of the common areas and essential services therein from the date of offer of possession/ conditional offer of possession or commencement of common area maintenance services, whichever is later.
I/We have read the specimen of AFS , Common Maintenance services Agreement, Water supply and services Agreement Development Control and services guidelines published by NB Buildcon Pvt Ltd and fully understood the form and contents of each of these agreements and documents before signing and submitting this application and undertake to execute the Sale Deed along with Common area maintenance services agreement, water supply and services agreement and all other documents, as may be prescribed by NB Buildcon Pvt Ltd, after making the payment of balance instalments on or before the respective due dates mentioned above and abide by them.
I/We understand and agree that no transfer/assignment of the allotment to a third party or person (“Transferee”) shall be allowed before payment of 55% (fifty five percent) of the Total Price of the Floor and thereafter transfer/assignment of the allotment will be allowed after obtaining prior written permission of NB Buildcon Pvt Ltd subject to payment of transfer fee @ Rs. 100/- (Rupees One Hundred only) per square feet area of the Floor, which will be increased @ 5% per annum w.e.f 01.04.2025. Such permission will be granted if I/We have paid all the dues and the third party transferee agrees to execute all the documents/ agreements which are executed by me/us with NB Buildcon Pvt Ltd and further undertake to be bound by and adhere to all the terms and conditions provided therein.
I/We agree and affirm that a sum or Rs. 5,000/- (Rupees Five Thousand Only) is payable/to be deposited on account of interest free maintenance security deposit (IFMSD”) before the execution of Sale Deed. I/We have been informed and understand that the IFMSD amount payable by me/us shall be non-refundable and be entrusted/ transferred by NB Buildcon Pvt Ltd to the account of the association of allottees at the time of handing over of the common areas to the association or the competent authority, as the case may be.
I/We acknowledge and agree that during development of all phases/ projects, being developed in the Licensed Residential colony, all lines of various services, facilities etc. and common areas will be connected with each other over the entire layout plan area and used by all the allottees of all phases in common. I/We further acknowledge and agree that NB Buildcon Pvt Ltd will be carrying out extensive development works/ construction activities in subsequent phases over the said Land in future, without affecting the Floor, and I/We hereby confirm that I/We shall not raise any objection(s) or make any claim(s) or default in payment of any instalment on account of any inconvenience, which may be suffered by me/us due to such development/ construction activities or incidental/ related activities.
After the provisional allotment if any applicant wishes to withdraw then the applicant needs to visit the site office and submit a written application for the same. After the application is received the registration amount of INR 30,000/- would be refunded in full within 30 days.
The registration amount INR 30,000/- would be refunded within 30 days to the unsuccessful applicants and the applicants not interested after the provisional allotment.
After the provisional allotment the applicants can choose/book units of any size subjected to availability, on first come first serve basis.
I/We also undertake and agree to use/occupy the residential unit for residential purposes only on the Floor strictly in accordance with architecture control guidelines and building plan approved by competent authority and in accordance with Haryana Building code 2017. I/We further undertake and agree that the façade (including the elevation style, themes, material finishes, frame and boundary walls, colour scheme of the outer walls or painting of the exterior side of the windows, or design etc.) of the building constructed on the Plot shall always be in accordance with the architecture control guidelines and building plan as may be approved by NB Buildcon Pvt Ltd. Any default in this regard shall be construed to be violation of terms of allotment and shall entitle NB Buildcon Pvt Ltd to initiate appropriate action as contemplated in this provisional allotment letter.
I/We undertake that while carrying out construction/ development activity, I/We as well as my/our contractor or its worker or agent shall not cause any obstruction or damage or commit any encroachment over the road and the common areas abutting to the plot. In the event , the road & common area abutting to the Plot is/are obstructed or damaged during the course of construction/ development over the Floor, I/We shall alone be liable and responsible for any consequences thereof including but not limited to bear/incur cost of repair of the road and common area to its original condition. I/We undertake that I/We shall not directly or through any contractor or third party impair, deface, vandalise or in any way cause damage or loss to the common areas, service areas, facilities and amenities, pavers, horticulture, building façade, etc. constructed or that may be constructed by NB Buildcon Pvt Ltd in the project and the Licensed Residential colony, while undertaking any development and construction activity at the Floor, I/We undertake to be liable for any damage, loss suffered by NB Builcon Pvt Ltd or other owners on account of activities undertaken by me/us or any person or contractor / third party acting through me/us and shall on demand make good the damage and loss incurred by NB Buildcon Pvt Ltd and others. I/We hereby authorize NB Buildcon Pvt Ltd to remove any obstruction / hindrance encroachment placed / made on the common area, roads, etc. and the cost of removal of such encroachment shall be recovered from me/us.
I/We understand , agree and confirm that NB Buildcon Pvt Ltd have planned and may also plan more areas to be developed as affordable plotted residential development , which may or may not include similar plots, to which I/We shall not have any objection at any stage on any ground whatsoever.
I/We understand and confirm that I/We shall execute and deliver three sets of Conveyance Deed along with all annexures and return the same to NB Buildcon Pvt Ltd for execution on the part of NB Buildcon Pvt Ltd and shall complete registration of Conveyance Deed with the office of Sub-Registrar, within a period of 30 (Thirty) days from the date of receipt thereof from NB Buildcon Pvt Ltd. I/We further understand and confirm that in case I/We fail or neglect to execute and register the Conveyance Deed within the aforesaid period, then NB Buildcon Pvt Ltd shall have right to cancel the allotment and forfeit Rs ___________/- (Rupees ___________________Only) of the Booking amount and balance amount will be refunded within a period of 90 (Ninety) days after such cancellation . Upon such cancellation, I/We shall not have any right, title or interest of whatsoever nature, in the provisional allotment of the Floor and NB Builcon Pvt Ltd. Ltd shall be free to deal with such Floor in the manner it likes, including accepting further application(s) and making provisional allotment to a new applicant.
I/We understand and confirm that the obligation of NB Buildcon Pvt Ltd to handover the possession of the Floor and execution of sale deed will be suspended / postponed by the period during which force majeure conditions prevail as ascribed in the Agreement For Sale.
I/We agree to be bound by the decision of NB Buildcon Pvt Ltd to offer the power load and water requirement as per the plot wise load norms fixed by the Government / NB Buildcon Pvt Ltd and in case I/We demand higher load, I/We undertake to pay the additional costs as determined by NB Buildcon Pvt Ltd
I/We agree and acknowledge that this Undertaking shall be deemed to form part of the Application and the allotment of Floor shall be strictly subject to the terms and conditions agreed herein.
All or any disputes arising out or in relation to the terms and condition of this Application & Undertaking, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the RERA act read with the HRERA Rules, as amended up to date.