Terms & Conditions

1. Definition & Computation of Operation & Maintenance Charges

1. That the rates of maintenance charges per month per sq. ft. of the area of the said Flat/super area of Unit have been fixed in the context of the current (as on) minimum wages, prices commodities and services, official levies, fees and taxes etc., water and electricity charges, including water boosting pumps or the running of machinery, equipments installed in the said Project and lighting of roads and service charges of the First Part till the maintenance thereof is handed over to the local body or civil authority for maintenance.

2. That the Allottee(s) specifically agrees that the First Part may suitably increase the aforesaid rates of maintenance, from time to time or at any time as may be required by circumstances, to cover the escalation and/or also increases of present levies or imposition of new ones by any appropriate authority or, other Government/Local Bodies. The assessment of the First Part of the fairness of the increase shall be conclusive, final and binding on the Allottee(s).

3. That the Allottee(s) has paid interest free Maintenance Security in order to secure adequate provision of the maintenance services and for his due performance in paying the maintenance charges and other charges as raised by the First Part from time to time. The Buyer(s) hereby agrees to pay the maintenance charges along with applicable taxes, cesses etc. to the First Part from the date of commencement of maintenance services by the First Part in the said Project, whether the said Flat is physically occupied by the Allottee(s) or not.

4. The Allottee(s) has deposited/ shall deposit at the time of execution of this Agreement and keep deposited with the First Part an Interest Free Maintenance Security (IFMS) deposit of Rs. _________________________/- (Rupees ______________________________________________________________Only) in respect of the said Flat/Unit in the said Project as security towards the payment of the above expenses.

2. Payment of Operation / Maintenance Charges

• i) The Allottee undertakes to pay the maintenance charges and all other dues without any reminders from the First Part on or before the due date indicated in the bill. The Maintenance Charges shall be payable in advance as per bills raised quarterly by First Part or as decided by First Part from time to time. The Allottee agrees and understands that if the maintenance charges remain unpaid for a period of seven days from the expiry of the due date, the First Part shall be entitled to discontinue any or all the services under this agreement.
• ii) The First Part shall charge interest at the rate of 24% p.a. for the period of delay in payment after the due date.
• iii) All payments shall be made by the Allottee through Crossed Cheque / Demand Draft only drawn in favour of LAVANYA SUPPORT SERVICES PRIVATE LIMITED ’payable at _________________ and shall be subject to realization.
• iv) Without prejudice to and notwithstanding the right of the First Part to charge interest for the period of delay in payment of a bill by due date, in case the Allottee fails to pay the bill on or before the due date indicated in the bill, then the unpaid bill will be deemed to be a notice for disconnection of the Operation / maintenance services, without prejudice to the right of the First Part to recover charges as in the bill.
• v) All returned / dishonored cheques shall be subject to legal action under the provisions of Negotiable Instrument Act, 1881 or any amendment or modification thereof apart from civil action for recovery of the amount. The First Part shall be entitled to recover bank charges in addition to bill amount, interest at the rate of 24% p.a. and other charges as provided in this Agreement in case of dishonored cheques.

3. Right to use of Operation / Maintenance services subject to payment of Operation / Maintenance charges bill

The Allottee hereby agrees that his / her right to use the common facilities including supply of energy or water shall be subject to regular and prompt payment of Operation / Maintenance Charges as billed by the First Part. If Operation / Maintenance charges or any part thereof is not paid regularly, the Allottee agrees that he / she shall lose the right to use any of the common facilities / services, but so long as the Operation / Maintenance charges are regularly paid, and all covenants herein are observed, the right of the Allottee to use such common facilities/ services shall be allowed.

4. Electricity, Sewage &Water Supply/Charges

• (i) The Allottee(s) shall get his own separate electric connection from Local Authority in his own name and in case there is any fault in electric supply or in the meters installed, such defects, if any, shall be got attended to by the Allottee(s) at his own cost.
• (ii) The repair and maintenance of the individual flat and sewers, drains, pipes and appurtenance thereto or belonging thereto shall be attended to by the Allottee(s)/his tenants etc. The Allottee(s) shall also be responsible for his safety of his fixtures and fittings in his/her house.
• (iii) That Separate meter would be installed for the quantity of the water consumed by the Allottee(s). The charges for the consumption of water shall be billed in the maintenance charges.

5. Safety and Security

• i) The First Part shall frame rules for observing safety and security within the said project and circulate a copy thereof to the Allottee /Occupant for compliance. The Allottee shall not store any material within the Flat/Unit or otherwise engage in any activity, which is hazardous, explosive and/or otherwise dangerous to the building and other Allottee /Occupant’s thereof.
• ii) The various areas of project may be equipped with fire protection systems including sprinklers, sensor equipment to detect heat and smoke. The Allottee will not tamper with such fire protection systems, if provided, in any part of project.
• iii) The security is for common areas/facilities and not internal to the said flat/Unit and will be under the direct control and supervision of theFirst Part. The security personnel shall remain present at Said project 24 (twenty four) hours a day.
• iv) The security of men and property within the flat/Unit shall be the responsibility of the Allottee. However, if by any reason or by any act of any person within the flat, it is felt that the security of people and property other than that within the flat are at a risk, the security personnel may take appropriate action against the person creating possible danger to the outside property / security.
• v) The Allottee hereby indemnifies the First Part against any loss and / or damage as may be suffered by other Allottee in the said project or the First Part and as the case may be, arising as a result of any act of negligence or breach of obligation on the part of the Allottee.

6. Right of Entry and Inspection

The Allottee hereby agrees that the First Part shall be entitled to enter the flat/Unit in the following events:

• (i) Any mishap, accident, theft, fire and such other distressing and emergency situations;
• (ii) Disruption in services or utilities;
• (iii) Detecting / setting right any fault in the fittings and fixtures within the control of the Purchaser/Allottee /Occupant which have a bearing on the infrastructure or Said project;
• (iv) To serve the collective interest of all the Purchaser/ Allottee/ Occupants.

The First Part shall not be liable to the Allottee to pay any amount by way of compensation and or damages purportedly arising as a result of any of the above-referred circumstances.

7. Pollution and Unlawful Activity

The Allottee hereby agrees that the costs and expenses at the time of its moving into the flat/Unit or vacating the same shall be borne by the Allottee and it shall ensure that it does not cause any hindrance and nuisance to the enjoyment of Said project by other Purchaser/Allottee /Occupant in any manner whatsoever. The Allottee shall ensure that the damage and/or loss, if any caused to Said tower/project and other Allottee, by the Allottee, shall be made good by the Allottee failing which First Part shall take steps to redress the grievances and the Purchaser/Allottee shall, be liable to pay such costs within 7 (seven) days from the date of receipt of the debit note by it from theFirst Part.

The Allottee shall use its flat/Unit only for residential purpose and shall not engage itself in any activity, which may cause pollution and nuisance to the environment whether by noise, disposal of waste - gaseous, solid or liquid. The Allottee shall not use the flat/Unit for any un-ethical, immoral or un-lawful purpose.

8. Usage

The Allottee shall use the common passages, areas outside its own flat/Unit only for ingress and egress to his flat and for no other purpose whatsoever. The Allottee shall not use the above referred common passages and areas nor cause it to be used for furthering any business activities including but not limited to distribution of hand-outs, bills, pamphlets, putting banners and other such materials for promoting sales of its products and services or organizing business campaigns.

9. Termination

• i) This Agreement shall come in force from the date of its execution by the parties hereto. Timely payment of the maintenance charges by the Allottee shall be the essence of this agreement.
• ii) This Agreement is not terminable by the Allottee. However, the First Part at its discretion may appoint an agent to fulfil and discharge its obligations as envisaged in this Agreement.
• iii) The Allottee is required to register its complete details with First Part for the purpose of all communication. It is agreed between the parties that if there is any change in the details of the Allottee, then First Part will not register any such change, till all charges payable by the existing Purchaser are settled in full. The existing Allottee hereby consents that it will take a No Objection Certificate (for dues clearance) from First Part before selling, leasing or otherwise entering into a legal/contractual relationship with anybody in respect of the said flat/Unit. First Part will be entitled to refuse registration to any such transferee, till such a NOC issued in respect of the said flat/Unit is made available toFirst Part. Till such time the change is effected in the records of First Part, the existing Purchaser will be responsible for the payment of all bills raised in respect of the said flat/Unit. The Allottee agrees that First Part will be at liberty to exercise lien on the contents and installations of the said flat, till the bills raised in respect of the said flat are paid in full.

10. Principal-To-Principal Basis

This Agreement does not constitute any association or partnership or joint venture between the two parties.

11. Limit in the responsibility of the First Part

The First Part shall in no way be responsible or liable for any fire, electrical, pollution, structural or any kind of hazard originating from the flat/Unit including those or due to electrical devices installed in the said flat. The hazards as aforesaid originating from the said flat / said tower shall not impose any kind of legal or financial liability on the First Part.
The Allottee(s) agree to keep the First Part indemnified and harmless against any loss or damage that may be caused to the First Part in this regard. The Allottee shall ensure that any other work or thing done internally within the flat/Unit or externally, shall not pose any fire, electrical, structural, pollution and health hazard for which the Allottee alone shall be responsible for all legal and financial consequences arising there from.
The First Part makes it clear to the Allottee that the provision of Operation / Maintenance services shall be done by it and such other party as it may appoint from time to time.

12. General

• (a) The Allottee shall not block the common area of the said project and shall not carry out any illegal activities in the said flat/tower structure(s) therein.
• (b) All costs, charges and expenses payable on or in respect of this agreement and on all other instruments and deeds to be executed, if any, pursuant to this agreement, including stamp duty on this agreement, legal fees, if any, shall be borne and paid solely by the Allottee.
• (c) This Agreement shall be signed in two (2) originals, one (1) original to be retained by the First Part and the other by the Allottee. A copy of the Agreement shall be kept by the First Part for its own record.
• (d) The failure of the First Part to enforce at any time or for any period of time any provision(s) hereof shall not be constructed to be waiver of any provision(s) or of the right thereafter to enforce any or each and every provision(s) of this agreement.
• (e) If any provision of this agreement shall be determined to be void or unenforceable under law, such a provision shall be deemed amended or deleted to the extent necessary to confirm to the applicable law and the remaining provisions of this agreement shall remain valid and enforceable.
• (f) This agreement constitutes the entire agreement between the parties and revokes and supersedes all previous discussions / correspondence and agreements between the parties, if any, concerning the matters covered herein whether written, oral or implied. Unless otherwise provided, this agreement shall not be changed or modified except in writing and signed by the parties hereof.
• (g) Any notice, letter or communication to be made, served or communicated under these presents shall be in writing and shall be deemed to be duly made, served or communicated only if the notice or letter or communication is addressed at the address mentioned hereinbefore and sent by registered post.
• (h) The First Part shall not be held responsible or liable for not performing its obligations under this Agreement due to Force Majeure conditions or for reasons beyond the control of the First Part. Force Majeure conditions shall inter-alia include acts of God, strikes, lock-outs, enemy action, floods, earthquake, civil unrest, government/court orders, etc.
• (i) That it is clearly understood and so agreed by and between the parties hereto that all the provisions contained herein and the obligations arising there under in respect of the flat/Unit shall be equally applicable to and enforceable against any and all occupiers, tenants of the Allottee and / or subsequent purchasers/occupants of the said Premises, as the said obligations go along with the flat/Unit for all intents and purposes.
• (j) All disputes arising out of this agreement shall be adjudicated by Sole Arbitrator in accordance with the Arbitration & Conciliation Act, 1996. The Parties shall appoint the sole arbitrator with mutual consent whose decision shall be final and binding. The venue of Arbitration shall be Jaipur. The language of the arbitration proceedings shall be English.
• (k) The courts at Jaipur alone shall have the jurisdiction in deciding any matters relating to this agreement as and when the need arises for the indulgence of the courts in accordance with the Arbitration & Conciliation Act,1996
• (l) That this Agreement and the rights and obligations of the parties under or arising out of this Agreement shall be constructed and enforced in accordance with the laws of India.