Appendix
‘D’
(Refer to
GENERAL INSTRUCTIONS
1. Termination
of Registration and Allotment of DUs Due to Various
Defaults by the Allottees. The management reserves the right to
terminate the registration of allottees and cancel
their booking / allotment without any notice for any of the following reasons :-
(a) In case of
default in schedule of payment beyond 30 days.
(b) In case of non submission of mandatory
legal documents ie Affidavit, Undertaking, Special Power
of Attorney and photographs etc. within 120 days from the date of issue of this
letter.
(c) In case of non taking over of DU beyond
120 days from date of issue of clearance letter of the DU.
Note : In such cases, the refund of deposits will be
processed under
(i) 1.5% of
cost of the DU.
(ii) Interest for the delayed period before
termination, if
any.
(iii) Care taking charges till the date of cancellation.
2. Membership
of Welfare Maintenance Society.
Under the provisions of Rules
68 (f) and 76 to 79 of AWHO Master Brochure Jul 87, as also the
declaration made, it is mandatory for the allottee to
become a member
of the Welfare Maintenance Society as and when formed and registered for the
housing complex. A separate
communication on the formation of the Society will follow.
3. Payment
of Society Charges to Welfare Maintenance Society. The charges for common services such as
external repairs, painting, colour washing, keeping
the open areas in clean and tidy conditions, maintenance of lawns / grounds,
cleaning of common staircases, electrical charges for common areas and chowkidar charges etc as decided by the said Welfare
Maintenance Society from time to time shall be payable by you to the Society in
the manner and by the date prescribed by it.
An initial lump sum of Rs
20,000/- per flat has been recovered through the Statement of Accounts towards
Society fee for day to day maintenance and running charges of the colony till
the Society is formed and takes over these functions.
4. Registration
of Dwelling Units and Stamp Duty.
Lease Deed for land
has been executed in favour of
AWHO. It is intended to transfer
dwelling units from AWHO to the allottees. The stamp duty, registration charges etc as
payable would depend on the prevalent rate at the time of execution of Sub
Lease-Cum-Sale Deeds and will be borne by allottees.
Please also note that registration of the DU will not be done in case of any
encroachments (
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5. Disposal
of Original Sub Conveyance
Deeds. Original Conveyance Deeds on
execution in respect of loanees shall be handed over
by the Project Director to the allottees/loanees. The Project Director will obtain an
undertaking as per instructions issued vide this HQ letter No
B/03015/AWHO/Policy/Regn/Loan dated
6. Joint
Registration. The option for
joint registration with any one or two of the following relations (in the case
of loanee, only relation who is also the co-borrower)
is available to the allottees. However, all joint registrants must meet the
eligibility laid down by the land allotment authority :-
(a) Spouse.
(b) Son / daughter.
(c) Legally adopted children.
(d) Father / Mother. (In case of Unmarried allottees).
7. Loaning
Agencies. The allottees may now get in touch with the loaning agencies
concerned for the purpose of releasing the final instalment
as shown in the Statement of Accounts in keeping with revised probable date of
completion (PDC). It is advisable that the
allottee gives the minimum required notice to release
the final instalment.
The delay in release of loan will not exempt the allottee
from payment of interest in case the instalment is
not paid by the due date. Please note
that date of receipt of demand draft from loaning agency in this office will be
treated as date of receipt of payment.
8. It may be noted that the loaning agency
will release the final loan instalment only on
the following conditions :-
(a) There
are no pre-EMI dues.
(b) Allottees have paid their share of
the cost of dwelling unit minus amount of loan.
(c) Submission
of all original receipts of payments made to AWHO.
(d) Submission
of Instructions for handing/taking over letter and statement of accounts both
in original.
9. General Conditions. Allottee's attention
is drawn once again to the following specific provisions as stipulated in the
allotment letter / AWHO Master Brochure Jul 87 (as amended):-
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(a) Additions
/ Alterations. No allottee will be entitled to sub divide the dwelling unit
including ancillaries or amalgamate it with any other dwelling unit or make any
additions / alterations to it without prior permission in writing from AWHO.
(b) Disposal
of Property - Before Possession of Dwelling Unit.
(c) Disposal
of Property - After Possession of Dwelling Unit.
(i) No sale /
transfer / assigning of dwelling unit to third party shall be affected by you,
your heirs, successors, executors and administrators without prior permission
in writing from AWHO. For details refer
to Paras 80 to 84 of AWHO Master Brochure Jul 87 (as
amended).
(ii) You will not sell / transfer, assign,
mortgage or otherwise part with possession of the whole or any part of the
dwelling unit, including appurtenant land and car/scooter parking spaces without prior
written permission of AWHO in writing.
In the event of sale /
transfer being made without obtaining prior written permission of
AWHO, such transfer will not be recognised and the
allotment may be cancelled.
(iii) Whenever a Dwelling Unit is transferred
with the permission of the AWHO and with the permission of any civil authority,
which has control over the Area, the transferee shall be bound by all the
covenants and conditions as are applicable to the original allottee
in general and the aforesaid restrictions on re-sale in particular. The AWHO reserves the right in its absolute
discretion to refuse permission for sale/transfer/assigning of DU. In case of violation of the above, the booking
of DU will be cancelled.
(iv) Provided further that in the event of
consent being given, AWHO may impose such other terms and conditions as it
thinks fit and shall be entitled to claim and recover a sum of Rs. 10,000/- as
transfer fee (or the rates as applicable at the time of transfer), each from
transferor and transferee, in addition to what the land allotting authority has
a right to recover under the terms laid down by the authority.
(d) Property
will be Handed Over on 'As-is-where-is' Basis. Dwelling units will be handed over on
'As-is-where-is' basis, Refer to Para 70 of AWHO Master Brochure Jul 87 (as
amended).
(e) Use
of Roof Terraces. Allottees of flats
will NOT have any
exclusive rights to the use of roof terraces, since these are to
be kept for common use for all the allottees of the
block.
(f) Letting
Out. You will have an option to
let out the dwelling unit allotted to you as per Welfare Maintenance Society
Bye-Laws. You will, however not give
possession of the flat allotted to you by virtue of any irrevocable power of
attorney to any person.
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(g) Non Use of Commercial Purposes.
You will not use the property for any commercial purposes.
(h) Municipal
/ Civil Taxes. You will be
personally responsible for payment of all Municipal/Civil Taxes as and when
imposed by various authorities as applicable to the dwelling unit handed over
to you, which you will pay directly or through the Welfare Maintenance Society
as per procedure decided by you and the Society subsequently.
(j) Compensation. Any additional compensation for land demanded
by State/Land Allotment Authorities or civil authorities on account of court
decrees / Govt directions will have to be paid by
you.
10. Suppression
of Information. If it is found
at any stage that you have got the allotment of the dwelling unit by
suppression or by misrepresenting the facts, the allotment of the dwelling unit
in your name is liable to be cancelled and penalty as stated in Rule 47 and 48
of AWHO Master Brochure Jul 87 (as amended) will be imposed. Declaration made in your application refers.