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Greenfield Heights > Terms and Conditions |
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| General Terms and Conditions (Provisional) | |||||||||||
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1. Greenfield Heights ~ Rajarhat, New Town,
Kolkata There would be Four Towers of G+17 each containing
flats of the following types: b)
3BR
– 1275 sq ft (Floors 1, 2, 3, 6, 7, 8, 11, 12, 13 & 16) – 40 flats in each
tower. b)
2BR
with Terrace – 1090 + 162 sq ft (Floors 4, 9, 14 & 17) – 16 flats in each
tower. c)
2BR
– 1090 sq ft (Floors 5, 10 & 15) – 12 flats in each tower. 2. Who can apply? A. An individual, ie. a person of the age of majority or a minor
through legal or natural guardian, whether an Indian citizen or a foreign
citizen of Indian origin*, resident in India or abroad (in case of minor, age
proof and name of natural guardian is required). Joint application by upto
two persons only is permitted. Applicants should be members of the same family,
which includes spouse, parents and children. (*Foreign citizen shall be deemed to be of Indian origin if he/she held an Indian passport at any time or he/she or his/her father or grandfather was an Indian citizen by virtue of the Constitution of India or Indian Citizenship Act, 1955. Citizens of Pakistan, Bangladesh, Afghanistan, Bhutan, Nepal and Sri Lanka shall be deemed to be not of Indian origin.) B. Other Entity (ies), is a Body Corporate incorporated in India
or Partnership firm or HUF or any other Association of Persons (AOP) recognized
as a legal entity under any law in India (copy of Certificate of Incorporation
or copy of Registration Certificate required). C. The applicants qualifying for allotment may be required to
furnish such documentary evidence as deemed appropriate to satisfy BENGAL
GREENFIELD of the applicants’ ability to arrange and/or pay for the price
of the said apartment. This however will be required only at the time of
allotment. D. BENGAL GREENFIELD, however, at its discretion can
relax any of the conditions as mentioned hereinabove without assigning any
reason. 3. Application Procedure A person intending to acquire an apartment will have
to apply in the prescribed application form contained in the brochure. It is
important that care is taken to go through and understand the terms and
conditions, before filling in the Application Form. 4. Allotment Process Bengal Greenfield is committed to a fair,
transparent and equitable method for allotment of the apartments and in case
the number of applicants is more than the flats available, the allotment shall
be by draw of lots. 5. Scrutiny, Rejection and Refunds Applications remaining incomplete or deficient in
any respect and/or not accompanied by the relevant/required remittance will be
liable to be rejected even if so detected during detailed scrutiny. Applications containing information known to the
applicant to be false are liable to be summarily rejected and booking cancelled
(even if allotment has been made), whenever so detected. However, upon such
cancellation, the installments paid till that date, will be refunded after
deduction of applicable service charges. If the application money has been paid out of
Non-Resident Ordinary (NRO) Account of the applicant, refund of the application
money together with interest will be made only to that account. If the
application money, has been paid by the applicant out of Non-Resident External
(NRE) Account of the applicant, the refund will be made only to the NRE
Account, provided Banker’s certificate for payment of application money out of
the said NRE account is furnished. 6. Withdrawal of Application/Cancellation of Booking A. Before Allotment Applicants may withdraw application money at any
time before the issue of provisional allotment letter and may get full refund
of the application money without any interest. B. After Allotment Applicants are free to withdraw their applications
and cancel their booking at any time even after issue of provisional allotment
letter but before the possession of apartment is made over. Total deposit or
installments paid by the allottee will be refunded without any interest and
after deduction of a service charge of 5% of the total sale price of the apartment
and the car parking. All such refunds to Non-Resident Indians (NRI)/foreign
citizens of Indian origin shall however be made in Indian rupees. 7. Price A. Under Down Payment Plan Price indicated in the Payment Schedule under Down Payment Plan is firm and non-escalable. This Plan requires 100% payment of the price within 45 days of the allotment. The discount for down payment scheme will be decreasing after three months from the start of the allotment process.. B. Under Instalment
Payment Plan Under this plan, the price indicated in the Payment Schedule under Instalment Payment Plan is firm and non-escalable. This plan requires payment of allotment money and respective instalments as indicated in the said Schedule. C. Escalation The prices indicated in the
Payment Schedule under both Payment Plan types are firm. No Escalation to be
charged during the period of construction. 8. Car Parking Car parking facility has been provided in the
complex at the ground floor level with a choice of covered and open parking. All applicants are at liberty to apply for car
parking space. While every endeavour will be made to provide each
applicant with at least one car parking space and their preferred type of car
parking facility, the applicant, however, will be required to accept the
decision of BENGAL GREENFIELD as final and binding. Earmarking of
specific car parking spaces will be done in due course. If, after the above
allocation some unallotted car parking spaces are available, they will be
offered to Allottees desiring additional car parking space. 9. Delay in Payment of Installments and/or Other
Dues It shall be incumbent on the allottee(s) to comply
with the terms of payment in respect of the apartment, car parking and/or any
other payments under GENERAL TERMS & CONDITIONS. Payment of allotment money is required to be made
within 45 days of the date of allotment. No extension of time will be allowed
for payment of allotment money. Payment of installments and all other dues shall
have to be made within 14 (fourteen) days from the date of issue of the letter
to the allottee(s) for the outstanding amounts. In case payment is delayed the
allottee(s) shall have to pay interest on the amount due @ 18% per annum for
upto two month of delay from the respective due dates. Delay in payment of installments and all other dues
beyond 2 (two) months from the respective due dates shall not be condoned. In
case of such delay the allotment may stand cancelled and BENGAL GREENFIELD
shall deduct service charge of 5% of the total sale price of the apartment and
the car parking space. In case of such cancellation, the allottes shall have no
right and/or lieu on the apartment. Total deposit or installments paid by the
allottee will be refunded without any interest and after deduction of the said
service charge. ALL PAYMENTS ARE TO BE MADE IN THE NAME OF BENGAL
GREENFIELD HOUSING DEVELOPMENT COMPANY LIMITED. 10. Reserved quota in Apartments Twenty (20) units are reserved, which will be
disposed off at the sole discretion of BENGAL GREENFIELD. 11. Possession BENGAL GREENFIELD shall endeavour to give possession of the
apartment(s) to the allottee(s) within 32 (thirty two) months from the date of
allotment of the apartment. However, if BENGAL GREENFIELD fails to
deliver (except due to force majeure) within the said 32 months from the date
of allotment of the apartment, the allottee will be paid compensation. Force majeure shall, inter-alia, include
non-availability or irregular availability of essential inputs, strike by
contractor/construction agencies employed/to be employed, litigation, acts of
God or such other reasons beyond the control of BENGAL GREENFIELD. 12. Compensation for Delay in Possession A. If BENGAL GREENFIELD fails to deliver possession of
the apartments to the allottees within the stipulated time (subject to force
majeure as stated herein above), then it shall pay compensation to the allottee
for each apartment effective from the scheduled date of completion as per the
following schedule, till the actual handing over of the apartment. Group Rs per month 2BR 6,000 3BR 7,000 B. The allottee(s) shall be deemed to have taken
possession of their respective apartment(s) on the 15th (fifteenth)
day of service of notice calling upon the allottees to take possession and such
fifteenth day shall be deemed to be the date of possession, irrespective of the
date when the allottee takes physical possession of their respective
apartment(s). the allottee(s) shall be required to take possession of their
respective apartment(s) on or before the deemed date of possession after
fulfilling all the terms and conditions failing which the allottee(s) shall be
liable to pay guarding charges @ Rs 1,000 pm for the period between the deemed
date of possession of the apartment and the date of taking over physical
possession of the apartment by the allottee(s) , over and above any other
charges which may be payable. 13. Transfer of Apartments The allottee(s) opting for payment under Instalment
Payment Plan shall not be normally eligible to alienate and/or transfer their
interests in the allotted apartment in full or in part until full payment of
all installments and interests thereon, if any, is made to BENGAL GREENFIELD
except in deserving cases, solely at the discretion of BENGAL GREENFIELD.
However, transfer/alienation would be permitted in case full payment has been
made by the allottee. 14. Transfer Fee No transfer or alienation of interest shall be
permitted and recognized by BENGAL GREENFIELD for conveyance except upon
payment of a transfer fee @ 3% of the consideration to be received by the
allottee for such transfer including car parking or the total sale price of the
apartment and the car parking as charged by BENGAL GREENFIELD, whichever
is higher. Transfers made after BENGAL GREENFIELD has
conveyed the apartment in favour of the allottee shall not be governed by these
provisions. 15. Registration and Conveyance The Transfer/Conveyance Deed of the apartment(s)
shall be executed and registered in favour of the allotee(s) after the
apartment(s) have been constructed, entire consideration together with all
other dues and deposits, etc received, possession handed over to the
allottee(s) and after handing over of the maintenance responsibility to an appropriate
body to be formed for maintenance of the common areas and facilities. The Deed
of Transfer will be drafted by solicitors/advocates of BENGAL GREENFIELD
and shall be in such form and contain such particulars as may be approved by BENGAL
GREENFIELD. The allottee will be required to pay stamp duty, registration
charges and other related charges, as may be levied by the Government from time
to time, for registration of the Deed of Transfer of their respective
apartments. Each allottee will also be required to pay to BENGAL GREENFIELD
documentation charges @ 1% of total sale price of the apartment and car parking
space. 16. The STAR TREK – the recreation facility at
Greenfield Heights. BENGAL GREENFIELD proposes to set up an exclusive Resident’s
Club within the Complex as outlined in the brochure. The intended facilities of
the Club as outlined in the brochure are tentative and may vary at the sole
discretion of BENGAL GREENFIELD. The club will be run professionally. Detailed terms and conditions of membership and
rules and regulations governing use of club facilities will be formulated in
due course and circulated to members before the club is made operational. All
members will be required to abide by these rules and regulations. As per normal practice of clubs in Kolkata, the
facilities will be on a pay by use basis. The rate schedule etc., will be
determined at the time of the opening of the club. All buyers would have to pay
a membership fee at the time of possession
towards the club membership. It is expected that the facilities at the club will
be operational together with the completion of the first phase of the project. The membership scheme is compulsory and shall create a right of use subject to
payment of charges and observance of regulations. No right or lien of any
nature whatsoever will be created or deemed to be created in favour of members,
in respect of the assets of the club. The membership scheme is for individuals only (i.e.
no corporate membership). Facilities of the club can be availed by all
residents of an apartment. Members may bring in guests on payment of guest fees
as per club rules. The above membership scheme is open only to
allottees of Greenfield Heights. If the allottee is a body corporate, it will
be required to nominate the occupier of the allotted apartment, who, for all
purposes, will be treated as the member of the club. In the event of sale/transfer of the apartment by
the original allottee to another person, the membership of the original
allottee [or occupier in case of allottee being other than individual(s)] shall
stand automatically terminated and the new owner/occupier of the apartment
shall have the option to apply afresh on the then prevailing terms and
conditions and as per the rules and regulations for membership. 17.Extra charges Additional expenses on account of formation of
association, electricity connection, legal charges, generator charges and any
additional facility would be charged extra as per actuals on a later date. Common Areas and Facilities A. Handing
over Associations under the West Bengal Apartment
Ownership Act, 1972 will be created to take over the common areas and
facilities of the respective towers and the maintenance and Management thereof
and all allottees shall have to become members of such Association. Further
bodies comprising all such associations will be created for carrying out
complex level maintenance, full details of which shall be formulated by Bengal
Greenfield in due course. B. Interim
Maintenance Bengal Greenfield shall by itself or through its
nominee supervise the maintenance of the towers for a short period after
handing over possession of apartments as it may not be practical to immediately
transfer the maintenance responsibility. More importantly, the apartment owners
will be new neighbours and will take some time to know one another. Bengal
Greenfield will help in creation of the Maintenance Body and the Management
Committee within 18 months of handing over possession. Bengal Greenfield will
have the right to have one representative as a member of this committee for a
period not exceeding 5 years from the ‘date of possession’. This is to
facilitate co -ordination as construction work on some parts of the complex
will be going on. Detailed rules and regulations regarding the creation and
operation of the Association will in due course be circulated to the apartment
owners. C. Maintenance
Security Deposit An interest free maintenance security deposit of Rs.
20/- per sq. ft. of the super built-up area of the apartments will be charged
by BENGAL GREENFIELD HOUSING DEVELOPMENT COMPANY LIMITED. This amount is to be
paid at the time of execution of transfer deed and/or possession. This deposit will be transferred to the Association
and/or the Management Committee after handing over complete possession. This
security deposit is to secure due payment and to ensure protection against
default in payment of regular maintenance by the allottees. Each apartment
owner will, however, have to pay regular monthly maintenance charges, which
will be determined and formulated depending on the actual expenses. 18. General A. It is understood that the applicant has applied
for allotment of a residential apartment with full knowledge and subject to all
the laws/notifications and rules applicable to this area in general, and group
housing project in particular, which have been understood by him/her. It is
further understood that the applicant has fully satisfied himself/herself about
the interest and the title of BENGAL GREENFIELD in the said land on
which the apartments will be/are being constructed. B. BENGAL GREENFIELD will not entertain any
requests for modification in the internal layouts of the apartments and
external facades of the tower. C. The layout plans and building plans,
specifications of the building(s)/complex and the apartment(s) are tentative
and are subject to variation. BENGAL GREENFIELD may effect such
variations, additions, alterations, deletions and/or modifications therein as it
may, at its sole discretion, deem appropriate and fit or as may be directed by
any competent authority. No complain regarding design, layout and accommodation
shall be entertained. D. The expression allotment wherever used herein
shall always mean provisional allotment and will remain so till such time a
formal deed of transfer is executed and registered by BENGAL GREENFIELD
in favour of the allottees for their respective apartments. E. After the date of possession of the apartment the
allottee shall be liable to pay BENGAL GREENFIELD on demand all rates,
taxes, levies, deposits including security deposits or assessments pertaining
to the apartment and common areas proportionately. F. Complaints, if any, regarding specifications,
fittings and fixtures, etc provided in the apartments will be required to be
brought to the notice of BENGAL GREENFIELD within 15 days of taking over
possession of the apartment. BENGAL GREENFIELD will not be responsible
for any damage caused to the apartments on account of delay in taking over
possession and in such event, at the allottees will have to take possession of
the apartments on ‘as is where is’ basis. G. Water supply will be made available from deep
tube wells till such time the New Town Water Supply Scheme is developed by
HIDCO. After handing over of the Common Areas and Facilities of the Project,
the concerned authority shall make necessary correspondence with concerned New
Town Authority for getting water supply connection from the New Town Water
Supply Scheme as and when developed by HIDCO. The maintenance and running cost
of the deep tubewell would be borne by the Apartment owners association/
co-operative after the handover of the possession of the flats. H. Arrangement for Disposal of the Sanitary,
Sewerage and Storm water will be made to the nearest off-site facility as per
the permission granted by HIDCO. I. Internal wiring for Electrification will be
provided for each apartment. However, the allottee(s) will have to apply to
WBSEB individually for obtaining supply of power and the meter for their
respective. The allottee(s) shall be required to pay the applicable security
deposit and/or other charges for the same to WBSEB. J. The allottee(s) may be required to execute, if
necessary, a formal agreement for sale in such form as may be prescribed by BENGAL
GREENFIELD within 15 days of being required in writing to do so by BENGAL
GREENFIELD. Under the existing laws the stamp duty at the applicable rate
is leviable on such agreement for sale. Such stamp duty shall be payable wholly
and exclusively by the allottee(s). K. Application in the prescribed form as contained
in the brochure is subject to the information and the terms and conditions
stated herein and also in other parts of the brochure including all the
documents/inserts, which are contained in and form part of the brochure. L. The applicants must quote the application number
as printed in the acknowledged Pay-in-Slip and/or on allotment, their apartment
number as indicated in the allotment letter, in all future correspondence. M. The applicant shall not be entitled to get the
name of his/her nominee(s) substituted in his/her place. N. All correspondence will be made with applicants
at the address for correspondence on BENGAL GREENFIELD’s record initially
indicated in the Application Form, unless changed. Any change of address will
have to be notified in writing to BENGAL GREENFIELD at its Registered
Office and acknowledgement obtained for such change. In case there are joint
allottees, all communication shall be sent by BENGAL GREENFIELD to the
allottee whose name appears first and which shall for all purposes be
considered as served on both allottees. O. The allottee of an apartment agrees to sign and
execute all documents and agreement in the standard form as may be provided by BENGAL
GREENFIELD. P. Dispute(s), if any, shall be subject to the
jurisdiction of courts of law at Kolkata only. Q. BENGAL GREENFIELD, however may, at its
sole discretion, relax any of the condition, relax any of the conditions. It
also reserves the right to reject any application without assigning any reason
whatsoever. Disclaimer Bengal Greenfield and/or 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 Bengal Greenfield
and the applicant agrees to keep Bengal Greenfield and/or its affiliates,
officers, directors, employees, agents, members, servants, saved, harmless and
indemnified with regard thereto. The members of the Club shall in the intermittent
period take steps for formation of a BODY for taking over responsibility of
management of the Club. BENGAL GREENFIELD shall assist the club members
for setting up the requisite BODY for management of the Club. ----------------x------------------ I
accept the above Terms and Conditions. --------------------------------------- ------------------------------------ Signature of First / Sole Applicant Signature of Joint Applicant Dated:- Place:- |
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