- WHO CAN APPLY:
a. An individual, i.e., a person of the age of majority or a minor through legal or natural guardian, either an Indian Citizen or a Person of Indian Origin or Non Resident Indian as defined in the Foreign Exchange Management Act,1999(in case of a minor, age proof and name address of natural guardian to be supplied).
b. Other entity (ies), i.e., a body corporate incorporates in India or partnership or HUF or any other association of persons (AOP) recognized as a legal entity under the laws of India.
2. HOW TO APPLY:
a. A person intending to purchase a Land in 24 East Avenue will have to apply in the prescribed application form contained in the Application kit. It is important that care is taken to go through and understand the terms, conditions and instructions before filling and signing the application form.
b. The Application shall be accompanied by an A/c payee demand draft or pay order drawn in favor of SwapnabhumiRealetors Limited on any bank payable at Kolkata for the amount of the application money as mentioned in the Payment Schedule.
c. Non- Resident Indians may also remit money out of the funds held in their Non-Resident Ordinary (NRO) account but accompanied by their bankers certificates as to the source of remittance of the application money.
d. The completed application form and the GTC(General Terms &conditions) duly filled in and signed by the applicant(s) along with the demand draft / pay order should be submitted at the registered office of SWAPNABHUMI REALTORS LIMITED.Vill. – Chariswar, P.O. – Paikan, P.S. – K.L.C. Dist. – South 24 Parganas, PIN-700135, during the normal business hours.
SWAPNABHUMI REALTORS LIMITED Vill. – Chariswar, P.O. – Paikan, P.S. – K.L.C. Dist. – South 24 Parganas, PIN-700135,
e. The Application acknowledges and accepts that the SBRL reserve its rights to allot the plot of Landat 24 East Avenue.
f. Each application shall include the following documents, failing which the applications shall be considered incomplete:
. Duly filled-in and signed application form;
. Duly signed GTC containing signatures of all applicants on every page as a token of acceptance of the terms contained therein;
. Demand draft/pay order along with the application form.
. One photocopy of PAN card (self attested)’ of the applicant and of the co-applicant;
∙ Proof of permanent address (Voter’s id/ Aadhar card/Passport/Driving license/Ration card/Bank statement/Passbook/Electricity bill/Telephone bill/ Property tax assessment bill);
∙ Photocopy of PAN card (self attested) of the authorized signatory, certified true copy of Board Resolution and Memorandum & Articles of Association for application in the name of companies.
∙ Photocopy of PAN card (self attested) of the Karta and power of attorney for applications in the name of HUFs. Power should be given by all the members of the HUF to the Karta, who will apply on behalf of the HUF.
∙ Form 60 in absence of PAN Card (as listed in this GTC).
∙ Photocopy of passport for NRI applicants.
3 SCRUTINY, REJECTION AND REFUNDS:
a. SBRL reserves the right to reject any application without assigning any reason whatsoever.
b. Application remaining incomplete or deficient in any respects and/or not accompanied with the requisite remittance and/ or documents are liable to be rejected even if so detected at a later date during detailed scrutiny.
c. Application containing information which is false or misleading are liable to be summarily rejected and allotment , provisional or otherwise, are liable to be cancelled, at any stage. However, upon such cancellation, the installment paid till that date will be refunded without interest, after deduction of either (a) 35 % (Thirty Five percent) of the total amount mentioned in the Payment Schedule or (b) entire actual received till the date of cancellation, whichever is less, together with interest due, accrued and payable thereon, in accordance with the terms herein contained and deduction of such other tax/levy as may be applicable at the time of such cancellation by SBRL.
d. For the avoidance of doubt, it is hereby clarified that SBRLshall not be held liable, in any manner whatsoever, for any delay in receipt/non-receipt of the aforesaid refund by the applicants, for any reason, including but not limited to, any delay by the Indian postal authority or due to a change in address of the applicant or loss in transit.
4. WITHDRAWAL OF APPLICATION ( CANCELLATION POLICY)
a. An applicant whose application is not rejected will not be allowed to withdraw his/her/its application. No cancellations shall be allowed at any time from the date of allotment until the date of issuance of the Provisional Allotment Letter. Such applicants whose applications are provisionally allotted any Land/plot may request for cancellation of allotment(s) after receipt of the Provisional Allotment Letter and in such cases SBRL, may at its discretion, cancel the allotment(s) and refund the application money without any interest and after deduction of 35% (Thirty Five percent) of the total amount mentioned in the date of cancellation, together with interest due, accrued and payable thereon, in accordance with the terms herein contained.
b. Any such request for withdrawals/Cancellation of application shall be in writing and the requisite amount will be refunded by dispatch of the same by SBRL, by registered post to the Indian correspondence to the address given in the application form, within 60 (sixty) days from the date of cancellation of provisional allotment by SBRL. All charges and expenses that may be incurred by SBRLin making such refund shall be borne by the applicant. The applicant may also collect their refunds from SBRL office at Vill. – Chariswar, P.O. – Paikan, P.S. – K.L.C. Dist. – South 24 Parganas, PIN-700135,
during office working hours.
5. PRICE
a. The price for the Land shall be paid by the allottee as indicated in the Payment Schedule.
b. All payments (expect the application money, which shall be governed by the provisions of paragraph 2 of this GTC) shall be made by the applicant/allottee by cheque/pay order/drafts/ swift transfer in Favor of SBRL, payable at Kolkata. On any payments being made by outstation/dollar cheques, the applicant/ allottee(s) shall pay to SBRL, additional bank charges @0.5% of the value of such cheque. Further, on dishonour of a cheque on any ground whatsoever, the applicant/allottee shall be liable to pay to SBRL a charge of Rs. 1,000/- for every such dishonour.
c. All prices mentioned in the Payment Schedule are exclusive of taxes and the allottee(s)shall be liable to pay all such taxes which may be levied by any authority(ies) at present or in the future on all payments due on account of the Land/Plot and/or extra charges made by the applicant/allottee.
6. DEATH OF ALLOTEE(S)
a. In the event of unfortunate sad demise of the allottee, the right to have the Land/plot shall devolve upon the nominee as may be nominated by the allottee, Subject to the condition that the allottee(s) has executed and submitted to SBRL a nomination form available at the registered office of SBRL. Further, the nominee will be required to continue timely payment of all installments due with respect to the Lands/plots and other charge to SBRL and perform all obligations which had to be otherwise discharged by the allottee(s) had he not been deceased. Such nominee shall pursuant to the death of the allottee, be deemed to be the allottee in relation to theLand/Plot and all provisions set out herein shall be applicable to such nominee. In the event that such nominee does not adhere to the provisions of this general Terms and conditions or fails to pay all requisite amount, SBRL shall have the right to cancel such allotment and allot the. Land to any other entity and the nominee shall not have any right, claim or lien over the Land. Upon such cancellation, the installment paid till that date will be refunded without interest after deduction of service charge of either (a) 35% (Thirty Five percent) of the Total Price mentioned in the Payment Schedule or (b) the entire actual amounts received till the date of cancellation, whichever is less, together with interest due, accrued and payable thereon in accordance with the terms contained herein. However, the rights of the nominee mentioned above will be subject to any order for or declaration of legal heirs of the deceased allottee by a court of law and the nominee shall be deemed to be holding the Land or the refund, as the case may be, in trust for such legal heir declared by the court.
b. In the event the allottee dies without nomination, then the legal heirs of the allottee will be required to obtain appropriate documents from a court of law subsequent to which the deed will be executed and registered by SBRL in favour of such legal heirs. For the avoidance of doubt, it is hereby clarified that in the event the legal heirs of the allottee fail to adhere to the payment obligations stipulated herein, SBRL shall have the right at its sole discretions to cancel the allotment and refund the payments made by the deceased to the legal heirs. Upon such cancellation, the installment paid till that date will be refunded to the Allottee(s)/legal heirs. Without interest, after deduction of service charge of either (a) 35% (Thirty five percent) of the Total Price mentioned in the Payment Schedule or (b) the entire actual amounts received till the date of cancellation, whichever is less, together with interest due, accrued and payable thereon, in accordance with the terms contained herein.
8. DELAY PAYMENT OF INSTALLMENTS AND/ OR OTHER DUES
a. It shall be incumbent on the allottee(s) to comply with the terms of payment in respect of the Land and all payments under the General Terms and Conditions and Payment Schedule.
b. Payment of the allotment money, installment and all other dues shall be made within the respective time frames mentioned in the Provisional Allotment Letter and/or separate letters for the same issued to the allottee(s) from time to time. Is case any such payment is delayed, the allottee(s) shall pay intereston the amount due @ 12% (eighteen percent) per annum from the respective due dates till payment is realized.
c. Delay in payments of the allotment money, installment and all other dues shall not in the normal course be condoned. In case of any such delay, SBRL reserves the right to cancel the allotment at its sole discretion option and upon such cancellation, the installment paid till that date will be refunded without interest, after deduction of service charge of either (a) 15% (fifteen percent)of the Total Price mentioned in the Payment Schedule or (b) the entire actual amounts received till the date of cancellation, whichever is less, together with interest due, accrued and payable thereon, in accordance with the terms contained herein. Further, upon cancellation of the allotment, the allottee shall have no manner of right, claim, interest ort Demand over the Landand/or against SBRL.
9. POSSESSION
a. Subject to force majeure, SBRL will endeavor to give possession of the Land to the allottee(s) within 30 (thirty)months from date of allotment of the Land.
b. Force majeure shall, inter alia, include but will not be limited to non-availability or irregular availability of Constructionmaterials, water supply, electricity, other supplies or utilities, strike, slow down by/ disputes with the contractor/construction agencies employed/ to be employed, war, lock out or civil commotion, terrorist action, litigation, acts of god, any act, any notice, order, rule or notification of the government and/or any other public or competent authority or any change in the policy of the government/statutory bodies, action or inaction or omission of any person or authority, delay in certain decision/grant of clearances by the statutory bodies, and such other reason beyond the control of SBRL.
c. SBRL, as a result of such a contingency arising, reserves the right to alter or vary these General Terms and Conditions, or if the circumstances so warrant, SBRL may suspend the fulfillment or it’s obligation for such period as it may consider expedient and the allottee/s are not entitled to claim compensation of any nature whatsoever for the period of such suspension.
d. In the event SBRL does not endeavor to give possession of the Land to the allottee within the stipulated time (subject to force majeure as stated in paragraph 11(a) and (b), then SBRL will pay compensation to be calculated @ 5% on the total amount received by the company, effective from the scheduled date of possession till the ‘date of possession’ (as defined hereinafter), to such of the allottee who have not committed any default or delay.
10. TRANSFER OF LAND
a. Prior to registration of the Deed of Conveyance in accordance with paragraph 13 below, no transfer to alienation of interest in the Land in full or in part, shall be permitted or recognized by SBRL expect upon payment of a transfer fee @ 2% of the Total Price or the consideration for such transfer, whichever is higher, to SBRL provided that the allottee has cleared all his/her/its dues together with interest thereon, if any, payable till the date of such proposed transfer to SBRL. Such transfer shall be on acceptance of these General Terms and on the transferee.
11. REGISTRATION AND CONVEYANCE
a. The Deed of conveyance of the Land(Conveyance Deed) shall be executed and registered in favour of the allottee after the Land has been demarcated and the Total Price, together with interest (if any) and all other dues and deposits etc. are received and before possession is handed over to the allottee. The allottee will be required to pay the entire stamp duty, registration charges and other taxes and charges as may be levied by the government or other authority from time to time and as applicable at the time of registration, as well as legal fees and other related charges in addition to all prior deposits/payments made by the allottee(s). Such amount shall be deposited by the allottee(s) within 15(fifteen) days from the date of issue of notice by SBRL or such other date as may be mentioned therein.
b. Subject to all outstanding amounts being paid by the allottee(s), the allottee(s), shall be deemed to have taken possession of his/her /its Land on the 15th (fifteenth) day of service of such possession notice or from such other date as may be mentioned in the notice and such day shall be deemed to be the date of possession irrespective of the date on which the allottee(s) taken physical possession of his/her/its respective plot of Land.
c. The Deed of Conveyance will be drafted by the Solicitors/Advocates of SBRL and the same shall be in such form and shall contain such particulars as may be approved by SBRL. Request for changes whatsoever in the Deed of Conveyance may be considered at the sole discretion of SBRL.
d. If the allottee does not get the Deed of Conveyance executed and registered within the date notified, by SBRL, the company doesn’t hold any responsibility for the same in future.
e. The allottee(s) will adhere to such process of registration of the Deed Of Conveyance as may be stipulated by SBRL in due course.
f. The allottee(s) will have to present in person at the time of taking possession of the Land and the execution and registration of the Deed of Conveyance. In cases where the allottee(s) is unable toattend in person, a registered power of attorney, in such format as may be approved by SBRL within such time as may be stipulated by SBRL.
12. EXTRA CHARGES
a. PLC.(Preferred Location Charges) Rs. 25,000.00 (Twenty Five Thousand) only per cottah
Premium Plots are on 30ft. main Road facing/ Corner Plots/Plots facing garden/Commercial Zone/Entertainment Hub
c. A Boundary wall of 5” brick upto 5ft height without plaster with a 8 ft, grill gate in front of the plot will be made, demarcating the plot by Swapnabhumi Realtors Limited Or his nominated contractor and for such boundary wall the Purchaser has to pay the extra cost to SBRL.
13. GENERAL
a. It is understood that the Applicant has applied for allotment of a Land at “24 East Avenue” with full knowledge of the laws/notifications and rules applicable to this area in general, and Township projects in particular and the Applicant has fully satisfied himself/herself/itself, about the interest and the right of SBRL in the land on which “24 East Avenue” will be / is being constructed.
c. It is unambiguously agreed and understood by the allottee that the layout plans and plotting plans, (area may increase/decrease upto a maximum of 5-10%) of the Land, specifications of the Project proposed to be used, common areas and facilities and components of the “24 East Avenue”, and the plot of Land are tentative and are subject to variation. SBRL may affect such variations, additions, alterations, deletions and/or modifications of layout of sizes and shape of land therein as it may, at its sole discretion, deem appropriate and fit or as may be directed/allowed by any concerned authority. No complaints regarding changes in design/layout shall be entertained by SBRL.
d. SBRL or its nominee(s) reserve the right to be able to apply any part of the common areas, infrastructure and facilities of “24 East Avenue” development to any purpose whatsoever at their sole discretion.
e. The allottee hereby authorizes, permits and shall have no objection to SBRL raising finance/loans from any financial institution/bank by way of mortgage/charge/securitization of his/her/their respective Land or the receivables accruing or likely to accrue therefrom, subject to the Land being made free of such encumbrance at the time of execution of the Deed of Conveyance.
f. All correspondence will be made with the allottee at the address for correspondence on the records of SBRL initially indicated in his/her/their application form. Any change of address shall have to be notified in writing to SBRL at its registered office and acknowledgement obtained for such change. In case there are joint allottees, all communication shall be sent by SBRL to the allottee(s) whose name appears first and which shall for all purpose be considered as served on both the allottees. Communication sent by SBRL shall be deemed to have been received by the allottee.
h. The allottee(s) shall from time to time sign all application, papers, documents, maintenance agreement, electricity agreement and other papers as per formats prepared by SBRL and do all such acts, deeds and things as SBRL may deem fit and necessary in the interest of the “24 East Avenue” development. In case of joint allottees, any document signed / accepted / acknowledged by any one of the allottees, shall be binding upon the other allottee.
i. In case the allottee(s) fail/s to take physical possession of the Land upon being called upon to do so by SBRL, complaints of any nature including complaints in relation to plot of land shall not be entertained and in such an event, the allottee(s) shall take possession of the Land on “as is where is” basis.
j. The allottee(s) may be required to execute. if necessary, formal agreement for sale in such form as may be prescribed by SBRL within 15 (fifteen) days of being called upon in writing to do so by SBRL, whereupon the Allottee(s) shall be required to pay the entire stamp duty, registration charges and other charges as may be applicable at the time of registration.
k. The courts at Kolkata shall have exclusive jurisdiction in all matters concerning this transaction.
l. Notwithstanding anything stated herein, the allottee acknowledges and irrevocably agrees that possession of the Land shall be given by SBRL to the allottee, subject to the allottee’s compliance with the provisions set out in this General Terms and Conditions and the Payment Schedule and upon timely payment of all amounts, including all fees and taxes and duties, by the allottee.
m. No request for any discount/waiver on any amount whatsoever will be entertained by SBRL.
n. The expression ‘allotment’ wherever used herein shall always mean “provisional allotment” and will remain so till such time a formal deed of transfer/conveyance is executed and registered by SBRL in favor of the allottee(s) for their respective Land.
o. Service Charge wherever mentioned shall attract GST as applicable + TDS and all payments specified in the Payment Schedule shall be exclusive of applicable taxes which shall be borne by the allottee.
p. Any taxes/duties/cess/levies imposed by any statutory authority not mentioned anywhere in the General Terms and Conditions within or during the period shall be imposed wherever applicable. Any change in existing rates of taxes/duties/cess/levies imposed by any statutory authority within or duringthe period, whether prospectively or retrospectively, shall also be applicable as per statutory requirements.
q. The allottee(s) shall not use the said Land for commercial purpose or use the same for any immoral activities or manufacturing or processing works or storage purpose or any other purpose save and except exclusively for residential purpose.
r. After taking the possession, the allottee(s) shall not make any such additions or alterations in the Land that may cause blockage or interruption in the smooth flow of common areas and facilities within the area of 24 East Avenue.
s. Internal wiring for electrification, the allottee(s) will have to apply WBSEDCL or concern Authority individually for obtaining supply of power and meter for their respective Plots. The allottee(s) shall be required to pay the applicable security deposit and/or other charges for the same to WBSEDCL.
14. INDEMNITY
- The allottee will abide by the terms and conditions of this General Terms and Conditions and applicable laws. In the event of contravention or non-compliance, the allottee will be liable for all the consequences as provided under this General Terms and Conditions or otherwise. If any loss is caused to SBRL due to the act or negligence of the allottee, the allottee will indemnify SBRL for such loss.
15. DISCLAIMER
a.SBRL and its affiliates, officers, directors, employees, agents, members servants shall not be liable for any direct, indirect, punitive, incidental or consequential loss, claim, demand or damage suffered by any person due to loss of documents, delay in postal services and any other eventualities beyond the control of SBRL and its affiliates, officers, directors, employees, agents, members, servants saved, harmless and indemnified with regard thereto.
I/we have read and understood the above-mentioned Terms & Conditions and agree to abide by the same.
Signature : ____________________________ (FIRST APPLICANT)
Signature : ___________________________ (SECOND APPLICANT)
Dated :
INDEX
WHO CAN APPLY: P-1
HOW TO APPLY P-1
SCRUTINY, REJECTION AND REFUNDS P-2
WITHDRAWAL/ CANCELLATION P-2
PRICE P-3
DEATH OF ALLOTEE(S) P-3
DELAY PAYMENT OF INSTALLMENTS P-4
POSSESSION P-4
TRANSFER OF LAND P-4
REGISTRATION AND CONVEYANCE P-5
EXTRA CHARGES P-5
GENERAL P-6
INDEMNITY P-7
DISCLAIMER P-8