1. Opening of Scheme :
The scheme opens on 10th January 2015 and closes on 28th February 2015. No application after the closing date shall be either accepted or entertained.
2. How to Apply :
The intending applicant has to apply on the prescribed application form available at the offices of Developer.
3. Availability of Application Forms:
The prescribed application form shall be available during the period of scheme from the following offices of Developer between 10.00 A.M. to 5.30 P.M. on payment of Rs.1000/- in cash on working days.
Office (1): 1201-1204, 12th Floor, Indraprakash Building, 21, Barakhamba Road, Connaught Place, New Delhi-110001.
Office (2): 76-G, Sector-18 (Behind HIPA), Gurgaon, Haryana.
4. Submission of Application Form:
4.1 The Application Forms duly filled in and signed along with affidavit(s) & Demand Draft /Pay Order in favour of Developer (Tulip Infratech Pvt. Ltd.) equivalent to 5% of the tentative cost of flat, as booking amount be submitted in the above said office of Developer on or before the date of closing of the scheme.
4.2 The allotment shall be subject to the terms and conditions as envisaged under the Policy.
5. Eligibility Criteria:
5.1 Any person can apply but person which includes his/her spouse or his/her dependent children who do not own any flat/plot in any HUDA developed Colony/Sector or any licensed colony in any of the Urban Areas in Haryana, UT of Chandigarh and NCT Delhi shall be given first preference in the allotment of flats. Any successful applicant under this scheme shall not be eligible for allotment of any other flat under the scheme in any other colony. In case he/she is successful in more than one colony, he/she will have the choice to retain only one flat. All such applicants shall submit an Affidavit to this effect.
6. Procedure for Allotment:
6.1 Advertisement for booking of apartments shall be issued by the Developer on two occasions at one week interval in one of the leading English National daily and Two Hindi Newspapers, having circulation of more than ten thousand copies in the State to ensure adequate publicity of the project.
6.2 The intending applicants shall apply for allotment of a Flat under the Scheme upon the prescribed application form, which shall be available in the offices of Developer on payment of Rs.1000/- in cash during the validity of the scheme. The Form duly filled in accompanied with affidavit and 5% of the tentative sale consideration of the Flat, through DD/Pay Order in favour of Developer, as booking amount shall be deposited in any office of Developer, alongwith other documents. No application form for allotment of the Flat shall be accepted after the last date of closing of the scheme.
6.3 The Applicant shall make only one application, which includes his/her spouse or his/her dependent children. The applicant who do not own flat/plot in any HUDA developed colony/sector or in any licensed colony in any urban areas in Haryana, UT of Chandigarh and NCT Delhi shall be given first preference in allotment of the flats. Any successful applicant under this policy shall not be eligible for allotment of any other flat under this policy in any other colony. In case, he/she is successful in more than one colony, he/she will have choice to retain only one flat. All such applicants shall submit an affidavit to this effect.
6.4 All flats shall be allotted in one go within four month of sanction of building plans or receipt of environmental clearance whichever is later subject to receipt of permission to conduct draw from District Town and Country Planning (DTP) Gurgaon. The date of final draw of lot shall be considered as Date of commencement of Project for the purpose of this Policy, and possession of flats shall be offered within the validly period of 4 years from date of Draw.. The applicant will be required to deposit 25% amount of the tentative cost (5% at the time of application and 20% at the time of allotment of the flat), and balance 75% amount will be paid according to schedule of payment, i.e. in six equated six monthly installments spread over three year period, without any interest.
6.5 Merely by making an application & deposit of booking amount with the application form, the applicant will not become eligible for allotment of Flat under the scheme.
6.6 The scrutiny of all applications received as per the parameters of the Policy shall be completed by the Developer under the overall monitoring of District Town Planner, Gurgaon within three months from the date of closing of scheme.
6.7 On the completion of scrutiny of applications the concerned DTP shall fix the date of draw of lots. Simultaneously, the ineligible applications shall be returned, within thirty days from the date of completion of scrutiny of applications, indicating the grounds on which the application has been rejected along with booking amount received from such applicants. No interest in such case shall be payable.
6.8 After fixation of date for draw of lots, an advertisement shall be issued by the Developer informing the applicants about the details regarding date/time and venue of draw of lots in the same newspaper in which the original advertisement was issued.
6.9 The allotment of apartment shall be done through draw of lots in the presence/supervision of the committee members consisting of Deputy Commissioner or his representative (at least of the cadre of Haryana Civil Service), Senior Town Planner (Circle Officer), DTP of Gurgaon and the representative of the Developer.
6.10 Only such applications shall be considered for draw of lots which are complete and which fulfill the criteria laid down in the policy. However, it is possible that some of the application forms have certain minor deficiencies, viz, missing entry on the application form, incorrect/missing line in affidavit, illegible copies of certain documents may be included in the draw of lots. If such applications are declared successful in the draw of lots, applicants may be granted an opportunity of removing the shortcomings in their application in all respect within a period of 15 days, failing which their claim shall stand forfeited. The said 15 days period shall start from the date of draw of lots for allotment.
6.11 A waiting list for a maximum of 25% of flats available for general public for allotment may also be prepared during the draw of lots who can be offered the allotment in case some of the successful allottees are not able to remove the deficiencies in their application within prescribed period of 15 days or in case of surrender/default in payment of balance consideration of flat as defined under the Policy.
7.1 Rs.4000/- (Rupees Four Thousand only) per Sq. Ft. or equivalent to Rs.43056/- (Rupees Forty Three Thousand & Fifty Six Only approx.) per Sq. Mtr. of the carpet area of the flat.
Carpet Area shall mean the net useable covered floor area bound within the walls of apartment but excluding the area of balcony but including the area forming part of kitchen, toilet, bathroom, store(s) and built in cupboard(s)/almirah(s)/shelf etc.
7.2 Rs.500/- (Rupees Five Hundred only) per Sq. Ft. against all balcony area in a flat.
8. Cost of Flat :
Category 1: Rs.19,50,000/- for 482 sqft (approx.) carpet area and balcony(ies) with an aggregated area of 44 sqft (approx.).
Category 2: Rs.19,27,000/- for 477 sqft (approx.) carpet area and balcony(ies) with an aggregated area of 38 sqft (approx.).
Category 3: Rs.18,66,000/- for 461 sqft (approx.) carpet area and balcony(ies) with an aggregated area of 44 sqft (approx.).
Category 4: Rs.15,69,500/- for 385 sqft (approx.) carpet area and balcony(ies) with an aggregated area of 59 sqft (approx.).
(a) Service Tax, VAT (Value Added Tax) proportionate labour cess charges or any other tax as it exists on date or to exist at a future date shall be charged extra at applicable rates.
(b) House Tax/Municipal tax or any other tax which may be imposed by the Municipal Corporation of Gurgaon or any other Local Authority upon the flat or upon the Project till the time of handing over the possession of the flat shall be charged extra proportionate to the area of the flat . After handing over the possession of the flat the allottee shall be liable for payment of the same either himself or along with the allottees of the other flats.
(c) Stamp Duty, Registration Charges and all other charges/expenses relating to transfer of Flat in favour of successful allottees shall be borne by the allottees.
(d) The proportionate cost of External Electrification Charges (EEC), Security deposit, cost of electric meter for the flat and Fire Fighting charges (FFC) for the complex shall be borne and paid by the allottees as and when demanded by the Developer.
(e) EDC/IDC charges as applicable on date have been paid by the Developer/its Subsidiary company. In case the Authorities decides to enhance the same or impose any new levy/ charges in future during the period of construction of the Project or thereafter the same shall be charged proportionately alongwith interest thereon, if any.
(f) Out of the sanctioned number of Flats 5% are reserved for allotment on preferential basis by the Developer to its employees, associates, friends, relatives, consultants etc. as per the terms of the Policy.
9. Delayed Payments/Non Payments:
9.1 In the event of any delay in making the payments of any amount due on the part of the allottees, the Allottees shall be liable to pay an interest on the amount due @15% per annum, applicable for the period of delay. Subject to the said provision for payment of interest, in the event the allottees, fails to make payment of any of the installments or any other amount falling due within the stipulated time, the Developer may issue a notice to the allottees for making the payment of due amount within the stipulated time. If the allottees still defaults in making payment of the amount due along with interest within the stipulated period, the Developer shall cancel the allotment of the flat after following the procedure as defined under the Policy. The Developer shall forfeit a sum of Rs. 25000/- and the balance amount deposited shall be refunded without any interest thereon.
10. Description of Project and Availability of Flats :
The scheme and total number of flats available under the scheme are detailed hereunder:
(a) Area of the Project : 5.06875 Acres.
(b) License no. 132 of 2014 dated 25.08.2014 issued in favour of subsidiary company of the Developer namely M/s Premium Infratech Private Limited .
(c) Total No. of Flats: 754 Flats/Units.
348 no. of apartments of 482 sqft (approx.) carpet area and balcony(ies) with an aggregated area of 44 sqft (approx.)
||354 no. of apartments of 477 sqft (approx.) carpet area and balcony(ies) with an aggregated area of 38 sqft (approx.)
||12 no. of apartments of 461 sqft (approx.) carpet area and balcony(ies) with an aggregated area of 44 sqft (approx.)
||40 no. of apartments of 385 sqft (approx.) carpet area and balcony(ies) with an aggregated area of 59 sqft (approx.)
Out of the Sanctioned Flats 5% are reserved for allotment on preferential basis by the Developer to its employees, associates, friends, relatives, consultants etc. as per the terms of the Policy.
11.1 The Developer shall offer the possession of the flat within 4 years from the date of allotment subject to force majeure circumstances such as restraints/restrictions from any authorities/courts, non-availability of building materials, strike, disputes with the contractors etc. or due to Acts of Gods, Natural calamities earth quake, floods, cyclones etc. or any other acts beyond the control of the Developer.
11.2 The applicant shall take over the possession within 15 days from the date of notice of offer of possession issued by the Developer, failing which it shall be deemed to have taken over the possession of the flat, in such cases the Developer shall not be liable for any loss, damage, trespass etc. in the said flat.
11.3 The applicant will be able to get the physical possession of the flat only after the execution of the conveyance deed. The conveyance deed shall be executed and got registered upon receipt of the full sale consideration & other dues, interest (if any). Stamp Duty, Registration Charges, and charges as described under clause 8 supra etc. which shall be payable by the applicant.
In case of surrender of flat by any successful applicant, an amount of Rs.25,000/- shall be deducted by the Developer. Such flats may be considered by the committee for offer to those applicants falling in the waiting list. However, non-removal of deficiencies by any successful applicant shall not be considered as surrender of flat and no such deduction of Rs.25,000 /- shall be applicable on such cases. If any wait listed candidate does not want to continue in the waiting list, he may seek withdrawal on written request and the Developer shall refund the booking amount within 30 days without imposing any penalty or without paying any interest. The waiting list shall be maintained for a period of two years after which the booking amount shall be refunded back to the waitlisted applicants without any interest.
All non-successful applicants shall be refunded the booking amount within 15 days of holding the draw of lots without any interest. In case the Developer is not in a position to refund the booking amount with the period of 15 days as per the terms of the Policy to the non successful applicants, in that case the Developer shall refund the said amount with simple interest @ 10% per Annum calculated for the period beyond 90 days from the closure of Booking in complete discharge of its obligations.
14. Levies and Charges:
14.1 The applicant shall make payment according to the fixed schedule and undertake to abide and make payment at the stipulated date. In event of any delay in making timely payment of any amount the applicant shall be liable to pay an interest of 15% per annum as per the policy.
14.2 In addition to the other charges/amounts payable under the terms of this application, the applicant shall pay, as and when demanded by the Developer, initial electricity connection charges, fire fighting charges and/ or any similar charges as may be reasonably required from the applicant in its respect. Such charges/payment shall be charged on a pro rata basis at the time of handing over the possession of the flat. Stamp duty, registration charges and all other incidental charges and charges as described under clause 8 supra etc. at prescribed rates shall be borne by the applicant additionally.
15. Powers to Raise Finance:
The Developer shall have the right to raise finance from any Bank/financial institution/body corporate and for this purpose create equitable mortgage against the construction or on the proposed built- up area in favour of one or more financial institution sand for such act the Buyer shall not have any objection and the consent of the Buyer shall be deemed to have been granted for creation of such charge during construction/development of the said complex. Notwithstanding the foregoing, the Developer shall ensure to have any such charge, if created, vacated on completion of the said Complex and in any case before execution of the Conveyance Deed of the Flat to the Buyer.
16. Ceiling on Transfer:
16.1 Once an apartment is allotted, the same cannot be transferred to any other person by documentation in records of Developer. The allottees shall not transfer the flat for a period of one year from the date of taking over the possession of the Apartment. Breach of this condition shall attract penalty equivalent to 200% of the selling price of the Apartment. The penalty will be deposited in the ‘Fund’ administered by the Town and Country Planning Department so that the infrastructure of the state can be improved. Failure to deposit such penalty shall result in resumption of the flat and its re-allotment in consultation with the Department.
16.2 The transfer of property through execution of irrevocable General Power of Attorney (GPA) where the consideration amount has been passed to the executor or any one on his behalf will be considered as sale of property and same will be counted as breach of terms and conditions of the policy. Penal proceedings as per the prescribed provisions above shall be initiated.
17.1 Only one two-wheeler parking site of the size of 0.8m X 2.5m shall be earmarked for each flat.
17.2 No car parking space shall be allotted to any apartment owner in the project. The balance available parking space, if any, beyond the allocated two wheeler parking sites, can be earmarked by the company as free visitor parking space.
17.3 The applicant agrees not to park their vehicle(s) on the pathway or open spaces of the building/complex except the space exclusive allotted for this purpose.
17.4 Two-wheeler parking spaces shall be integral part of the flat and cannot be dealt independently. No construction is permitted on the allotted spaces, nor can it be used for any storage or similar purposes.
18. Community Sites:
The following community sites shall be provided and shall form part of the common areas and facilities as defined under Haryana Apartment Ownership Act.
(a) One built-up Community Hall of approximately 2000 Sq. ft. size or equivalent to 185.80 Sq.Mt. approx.
(b) One built up Anganwadi-cum Crèche of approximately 2000 Sq. ft. size or equivalent to 185.80 Sq.Mt. approx.
These facilities shall be common for all the residents of the Complex.
19.1 For the period of five years from the date of grant of occupation certificate, the maintenance works and services in relation to the common areas shall be provided by the Developer through itself or through its appointed maintenance agency. However, the Developer may charge as per Policy, on proportionate basis for the electricity consumed in running of lifts, pumps, Lighting of common area etc., Insurance charges for the complex, Salary for the watch and ward, Safai Karamchari Staff, if provided and required, AMC for lifts and charges for other consumable items consumed in running the common services lifts, STP, Running of Pumps for water supply etc. The applicants(s) shall pay the above charges as per actual on pro-rata basis. The Developer through its own sources shall be responsible at its on cost for maintenance, upkeep and replacement of all equipments installed in the Electric Sub Station, all electric cables, rising mains, underground and overhead water tanks, sewage lines, storm water drains and external plumbing pipes installed for running of services to the complex. The internal maintenance of the respective apartment shall be the sole responsibility of the applicant only. The developer shall not be responsible for the internal maintenance of the apartment in any circumstance. After the aforesaid period of 5 years the said project shall be transferred to the “Association of Apartment Owners” constituted under the Haryana Apartment Ownership Act, 1983. Which shall overtake the providing of the maintenance to the project and thereafter the Developer shall have no further obligation to provide any maintenance services in the said project.
19.2 It is mandatory for every flat owner to become the member of the Association of the Apartment Owner constituted under the Haryana Apartment Ownership Act,1983 as and when asked for.
20.1 The applicant undertakes to make timely payment.
20.2 The applicant shall inform the Developer in writing of any change in the mailing address mentioned in this application, falling which all demand notices, communication etc., shall be mailed by the Developer to the address given with this application and shall be deemed to have been received/served.
20.3 In case there are joint applicants all correspondences shall be sent by the Developer to the applicant whose name appears first and at the address given by him/her for mailing and which shall for all purposes be considered as served on all the applicants and no separate communication shall be necessary to the other named applicant.
20.4 The applicants(s) shall pay the electricity and water consumption charges as per actual meter reading.
20.5 The said flat alongwith Building/complex shall be subject to the provisions of Haryana Apartment Ownership Act, 1983. The common areas and facilities and the undivided interest of each flat owner in the common areas and facilities as specified by the company in the declaration, which will be filed by the company in due course in compliance to the provision of Haryana Apartment and Ownership Act, 1983 shall be binding upon the flat owner.
20.6 In case of any dispute with regard to the allotment of flat/application the same shall be subject to Affordable Housing Policy 2013.
20.7 Courts of Gurgaon (Haryana) shall have the exclusive jurisdiction.
20.8 All the payments shall be made through A/c payee Demand draft (DD)/Pay Order drawn in favour of M/s. Tulip Infratech Pvt. Ltd. payable at Delhi/Gurgaon.
20.9 The Successful applicants shall be required to execute a Flat Buyer Agreement with the Developer containing aforesaid and other standard conditions of the sale of flat by the Developer.
20.10 That in case any provision is found to be contrary to the general terms and conditions of the Affordable Housing Policy, 2013 of Haryana Government the same shall be treated as modified to the extent necessary to confirm to the terms of the said Policy.