Emami City Terms and Conditions

I/We confirm that I/We have read and understood the meaning and purport of the Application Guidelines for making this application which are :

1. 1. This Application Form is being submitted by me/us with the payment by demand draft/pay order/ cheque of an amount of INR 5, 00,000/- only (INR Five Lacs only) towards advance against booking as prescribed by the Developer.
2. 2. The acceptance of advance against booking money will not be construed nor entitle the applicant to claim as concluded contract nor entitle to claim only right over and in respect of any flat/unit.
3. 3. The allotment, if made will be entirely at your discretion. You shall, however, be entitled to reject my/our application and refund the advance against booking received, without interest, without assigning me/us any reason whatsoever.
4. 4. I am / we are quite aware that the application are to be in conformity with the regulations governing the transactions for the acquisition of immovable property and it shall be me/our responsibility to ascertain and fulfil all regulatory requirements.
5. 5. I/We confirm that the Total Consideration here and hereinafter shall comprise of, but not be limited by, Basic Price, Terrace/lawn Charges, PLC, Riser charges, Car Parking Charges, Servants Berth Charges, Interest Free Maintenance Security, Interest Free Municipal, sinking fund deposit, Amenities Charges, legal charges and other charges as applicable and as decided by the Developer/Owner hereinafter, and the same, is fair reasonable and adequate and upon as concluded contract taking place, I/We shall regularly to and punctually make payment of the same.
6. 6. I/We may withdraw my/our advance against booking, at any time before you provisionally allot an Apartment against my/our application. In all such cases, however, I/we shall be entitled to refund of the advance against booking money already paid, without interest, and after deduction of Rs. 1,00,000/- (One lac only) which you will be entitled to by way of service charges and I/we hereby confirm the same to be fair and reasonable.
7. 7. If I/We fail to pay after the agreement is registered the due amounts to as and when becoming due of communication through letter/email of any sums due to you I/We will become liable to pay interest at the rate of 18% per annum for first three months of default, to you on the amount payable from its due date of payment. After expiry of 3 months, you shall at your discretion, become entitled to cancel the application, forfeit the delayed payment interest paid by me and refund balance of all amounts paid till then after deducting the booking amount.
8. 8. Upon provisional allotment of an agreement to me/us, you will issue to me/us a letter along with the General Terms & Conditions (GTC)/Agreement to Lease for allotment and use of the apartment(s).. I/we shall be required to sign the duplicate of the provisional allotment letter and return it to you in confirmation of my/our acceptance of the provisional allotment as also all the terms and conditions of the GTC/Agreement to Lease and Standard By Laws of the Township.
9. 9. You will also be entitled to reject applications containing information that is incorrect or misleading even after you have made the provisional allotment. In such cases, we will refund me/us without any interest all amounts received till that date after deducting the booking amount as penalty.
10. 10. The layout plans as shown in the Master Plan are all tentative and subject to change at your discretion and/or for obtaining the approval of the concerned authorities.
11. 11. The layout plan, as may be amended and approved from time to time, shall supersede the proposed tentative layout plan that has now been made available and the plan as demanded shall automatically form a part of the Allotment Letter and the GTC/Agreement to lease without any further reference.
12. 12. Any changes/alterations/conditions imposed by any competent authority at any stage while approving the proposed layout plans shall be binding on me/us as well as all the other Applicants without the requirement of any formal approval on consent from any of us for making any changes. If an application for provisional allotment of any Apartment is required to be cancelled for such change of plans, you will refund all amounts paid by the concerned Applicant but without any interest.
13. 13. I/We, as well as the other Apartment Owners, will compulsorily have to become members of the proposed Club in Emami City upon payment of an admission fee to be decided by you and all taxes that may be payable on such admission fee. Besides an individual owner and his/her spouse, dependant parents and children will be entitled to use the Club upon payment of such deposits and/or user charges, for its facilities and periodical membership fees, as will be fixed by you from time to time.
14. 14. I/We confirm that the apartment/flat is for my/our personal residence, I/We will not transfer our allotment for 18 calendar months following the date of the allotment. After this period, I/We may transfer the allotment subject to your approval and upon payment to you a nomination fee of Rs. 250 per square feet of total saleable areas until registration for the allotted apartment.
15. 15. I/we will be free to withdraw my/our application and cancel the booking at any time after the agreement is registered but before the possession of Apartment is made over. In such a case, you will refund the entire amount paid by me/us to you till the time of such withdrawal/cancellation without any interest but after deduction of the booking amount.

I/We also declare and confirm that:

1. 1. I/We accept and agree to abide by the Application Guidelines mentioned above and the `Price and Payment Schedule’ to be prescribed by you.
2. 2. I/We have clearly understood that this Application Form for provisional allotment will not make me/us entitled to final allotment of any apartment even after you acknowledge the receipt of the Application Money and/or issue the allotment letter for an Apartment.
3. 3. I/We further confirm that the application will be binding only after I/We accept, sign and return the Allotment letter with the General Terms and Conditions. Agreement to lease and Standard By Laws of the Township, on the standard format as may be provided by you and that such signing will not constitute for Agreement For Lease and that the allotment shall become final only upon my/our fulfilment of all the conditions set out in the Allotment Letter, the General Terms and Conditions, the Standard By Laws of the Township and the full and final payment there under.
4. 4. I/We further agree to sign and execute necessary documents as and when required by you.
5. 5. If, however, I/we fail to execute and return the Allotment Letter/GTC/Agreement to Lease within the period prescribed therefore,, the allotment may be treated as cancelled at your sole discretion and I/we will be entitled to refund of the amount after deducting the booking amount.
6. 6. In the event I/We am/are allotted an Apartment, I/We unconditionally agree to pay all sums due in terms of the Price and Payment Schedule within the due dates of their payments as set out in the Allotment Letter and/or the GTC/Agreement to Lease and not dispute the cancellation, if made at your sole discretion, if I fail to pay any of the amounts due on time or violate any of the terms and conditions of the Allotment of the GTC.
7. 7. I/We hereby give my/our irrevocable consent to become a member of the body of the Owners to be formed in accordance with the applicable laws and will be subject to other applicable statutory laws, rules and by-laws and execute necessary documents as and when required in conformity with the requirements stipulated by you.
8. 8. I/We solemnly declare and undertake to use the Apartment to be allotted to me/us for residential purposes only.
9. 9. I/We solemnly declare and undertake that I/We shall nominate one or more persons (the) to be named in the Allotment Form or at any time after the Allotment Letter is issued but prior registration of the Transfer Deed, in the event of death of a single Allottee or of all the joint Allotees. The Nominee for all purposes, shall be deemed to be the Allottee(s) and shall become liable for complying with all the obligations and entitled to all the rights of the deceased Allottee, shall become liable and obligated to make all the payments that the deceased Allottee would have made and only after complete liquidation of all the payments will become entitled to have the unit transferred in his/her favour and shall also be entitled to the payments the deceased Allottee would have received in case of cancellation of the Allotment, for whatsoever reasons.
10. 10. I/We hereby solemnly declare that all the foregoing statements are true to the best of my/our knowledge and that nothing relevant has been concealed or suppressed. I/We also undertake to inform you of any future changes related to the information and details shown in this Application Form.
11. 11. I/We have signed the Application herein after having read and understood its meaning and purport any hereby confirm and accept that all previous application Form/papers signed/delivered by me to you for the unit, if any shall stand void and cancelled after signing and delivering this Application Form to you.
12. 12. I/We hereby confirm and declare that the Agreement for Sub-Lease/Deed of Sub-Lease or any other papers will be drafted and prepared by your Advocates and I/We hereby undertake to accept the same and this acceptance is voluntary and without any pressure or coercion on your part. I also undertake to bear all requisite Stamp Duty, Registration Charges, Legal Charges and all other miscellaneous expenses required for registration of the Agreement for Sub-Lease and as well as Deed of Sub-Lease and or any other incidental expenses thereto.
13. 13. I/We hereby further confirm and acknowledge that:

1. i) I/We have inspected the title in respect of the property and are fully satisfied in support thereof.
2. ii) That I/We have also understood the terms and conditions of the Development Agreement and the right of the Developer to accept this application.
3. iii) I/We have inspected the plan and acknowledge that the same is liable to be altered or modified.
4. iv) Have satisfied myself/ourselves as to the location of apartment and the total area to form part of the same.
5. v) I/We hereby further declare that I/we will abide by the terms and conditions of this application form, agreement to lease and lease deed which may be executed and will not rely upon any oral understanding or representations not anything which may be contained of any brochure or other papers.