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&
Conditions
GENERAL
a)
The following terms and conditions should be read carefully and understood before filling up of the
Application Form requesting for allotment of an Apartment of High Income Group (HIG) & Facility for Car
Parking Space at Limited Common Area (hereinafter referred to as Flat & Parking Space, for convenience)
in Avidipta. These conditions are binding for purchase of any HIG Flat & right to use Parking Space at
Limited Common Area in this Project.
b)
It should be clearly understood that the allotment of a Flat & Parking Space, on the basis of the application,
will be at the sole discretion of Bengal Peerless Housing Development Company Limited (BPHDCL) and
merely by making an application an individual applicant is not entitled for allotment of a Flat & Parking
Space although the applicant may have received from BPHDCL or its Bankers, Axis Bank or ICICI Bank,
a receipt acknowledging application money tendered with the application.
c)
In the event of allotment, BPHDCL shall issue to the allottee/s, a Provisional Allotment Letter and deliver
it either by hand or by Registered Post with AD, which should be duly accepted and acknowledged by the
allottee/s by submitting the copy of 'ACKNOWLEDGEMENT' enclosed with the Provisional Allotment Letter,
to BPHDCL either by hand or by Registered Post with AD within 7 days from the date of receipt of the
Provisional Allotment letter.
The allottee/s will also sign and execute the Deed of Conveyance as and when notified by BPHDCL and
shall pay the required Stamp Duty and any other charges as may be levied by the Government/Appropriate
Authority.
d)
It should be noted that out of the total number of Flats & Parking Spaces ,10% of each type of Flats &
Parking Spaces will be reserved for allotment by West Bengal Housing Board (WBHB) and BPHDCL and
will not be allotted against applications received from the general public. Choice of allotment of such 10%
Flats & Parking Spaces shall be at the sole discretion of WBHB & BPHDCL.
e)
If necessitated, for any reason, during construction, without affecting the Built-up area, there may be
variation of Measurements/Dimensions or in Specifications, Plans, Layouts, Orientation and Location of
doors, windows and Design of Flats & Parking Spaces of the proposed scheme as shown in the brochure.
f)
Depending upon the demand, the number of Flats & Parking Spaces of any category may be altered/omitted
as the case may be. Further if the number of applications received are less than the number of Flats &
Parking Spaces proposed, Lottery will be held for those buildings as to be decided by BPHDCL.
g)
No addition or alteration of existing structure, design, layout of the complex or building, or any sort of
structure or earth filling shall be permissible by the allottee/s at any point of time even after Execution and
Registration of Deed of Transfer.
h)
For paucity of any particular material, alternative equivalent material of similar quality and price may be
used by BPHDCL to ensure timely delivery of the project.
i)
It is learnt that Kolkata Municipal Corporation (KMC) will supply potable water to the project. However in
case of any delay on the part of KMC to supply water, the same will be made available
from Deep Tube Well or any other source presently available, as per law.
j)
Arrangement for disposal of the wastewater, sewerage and storm water will be made to KMC Sewage/Drain
lines through Sewage Treatment Plant to be installed in the Project.
k)
Internal wiring for Electrification will be provided for each Flat. However,the allottee/s will have to apply
to CESC, individually for obtaining supply of power and the meter for their respective Flats. The allottee/s
shall be required to pay the applicable Security Deposit and other charges such as cost of Meter etc. to
CESC.
l)
II
Deposit to be paid by BPHDCL to CESC for supply of power & installation of Electric Meters for Common
areas and Amenities including the Limited Common Areas of the Complex shall have to be borne and paid
by each allottee in proportion to his/her/their respective built-up areas of Flats. The exact amount, on actual,
shall be paid by the allottee/s within 7 days on demand from BPHDCL.
STATUS OF LAND :
By initiating a Proceeding under Land Acquisition Act I of 1894, the land measuring 12.67acres, more or less,
had been acquired by and vested to Government of West Bengal free from all encumbrances and the right,
title and interest of the said land was transferred by the Housing Department, Government of West Bengal to
West Bengal Housing Board under Sub Section (I) of Section 29 of West Bengal Housing Board Act,1972
and on 31.08.2007, the Permissive Possession of the said land had been handed over by the West Bengal
Housing Board to Bengal Peerless Housing Development Co. Ltd., interalia, for construction of Housing Complex
there upon. From the said land, about 9 acres will be used for construction of the Housing Complex, AVIDIPTA
and 3.23acres will be reserved for Future Development.
Further the balance land comprising of 0.44 acres has been gifted to KMC for public interest, as detailed below:
III
IV)
(i)
(ii)
ELIGIBILITY CRITERIA.
a)
An adult Indian citizen residing at India or outside can submit an application singly or jointly for a any HIG
category under the project. Joint application is permitted only by the members of the same family. Family
means and includes husband, wife, dependent parents and dependent children.
b)
Indian Resident Applicants should attach a copy of their Income Tax Permanent Account Number Card
(PAN Card), a valid documentary evidence of his/her/their present residential address such as Electricity
bill, latest Land line Telephone bill or Voters Identity Card, with the application form.
c)
Non Residents Applicants should attach with the application, a copy of valid documentary evidence showing
their NRI/PIO status and a copy of his/her valid Passport.
(i)
(ii)
(iii)
(iv)
APPLICATION PROCEDURE.
a)
The applicants shall apply to BPHDCL in the enclosed Prescribed Form to be duly filled in, giving all
particulars required therein. The application form shall be accompanied by the 3rd & 4th copy (Applicants
copy) of the acknowledgement slip which can be obtained by making payment of the required application
money mentioned in the Brochure to our Bankers, Axis Bank or ICICI Bank at their designated branches
in and around Kolkata.
The 3rd copy of the acknowledgement slip marked as Applicants copy (for submission to this office)
shall have to be submitted by the Applicant to our office for our record.
b)
Out Station Applicants may send their Application with Application money , directly to the office of Bengal
Peerless Housing Development Company Limited at 6/1A, Moira Street, Mangaldeep, Ground Floor
Kolkata-700017.
c)
d)
All payments including Application Money should be paid by Pay Order/Demand Draft of any scheduled
bank in favour of BENGAL PEERLESS HOUSING DEVELOPMENT COMPANY LIMITED, payable at
Kolkata.
An incomplete application will be considered as invalid and may be rejected without reference to the
applicant and the applicant will get refund of his/her deposited amount without any interest thereon.
b)
If an application is rejected on scrutiny for any deficiency before or after the successful draw of lottery,
the same will be cancelled and the applicant will get refund of his/her deposited amount without any interest
thereon.
c)
Applicant may withdraw his/her application at any time before the draw of lottery of Flat & Parking Space
and in that event the applicant will get refund of his/her application money without any interest and after
deduction of 2% from the application money as processing cost.
d)
If an allottee intends to withdraw his/her allotment of Flat & Parking Space before Execution & Registration
of Deed of Transfer of his allotment, in that event the allottee will get the refund of his/her deposit without
any interest and after deduction of 10% of the total amount deposited so far, as processing cost thereon.
e)
If, at any stage before the Execution of the Deed of Conveyance, it is detected that the allotment of any
Flat & Parking Space has been obtained fraudulently or by misrepresentation of fact, the allotment will
be cancelled immediately with effect from the date of such detection and BPHDCL will refund the deposited
money to the allottee/s without any interest and after deducting 10% therefrom as processing cost.
f)
Subject to force majeure condition (as explained in clause XVII hereinafter) if the completion of the housing
project is delayed beyond the schedule time and if on this account the allottee/s wishes to withdraw his/her
application, in that event the amount deposited by him/her will be refunded with simple interest at the then
prevailing rate applicable to Savings Bank account in a Nationalized Bank, without any other claim for
damages or compensation whatsoever.
g)
If the Project/Scheme/Building/Flat & Parking Space is discontinued or abandoned subsequently for any
reason beyond the control of BPHDCL, the amount deposited by the allottee/s will be refunded along with
simple interest at the then prevailing rate applicable to Savings Bank account in a Nationalized Bank
without any other or further claim by the allottee/s.
h)
In case the applicant withdraws his/her Provisional allotment of Flat & Parking Space or in case the
Applicant violates any Terms and Conditions as laid down herein, the Allotment of Flat and Parking space
will be cancelled, forthwith and in that event the refund of the deposit to the applicant as mentioned herein
before shall normally be made within 90 days from the date of submission of application for such withdrawal
or the date of issuance of cancellation letter.
i)
Unsuccessful applicants shall be refunded the entire application money along with interest at the then
prevailing rate applicable to Saving Bank account in a Nationalized Bank, from the date of the money
being credited to BPHDCLs account upto the date of refund. Refund of application / deposited money
will be made only after verification of the deposit made.
j)
The refund of application money of Non-resident Indians (NRI) will be made in the following manner :
i)
If the application money has been paid out of Non-Resident Ordinary (NRO) account of the applicant,
the refund of application money together with interest will be made only to that account ,in Indian
Rupees.
ii)
If the application money has been paid out of Non-Resident External (NRE) account of the applicant,
the refund will be made in Indian Rupees to that account provided Bankers certificate of payment of
application money out of the N.R.E. Account is furnished. The interest on the application money shall
however be paid only in the applicants Non-Resident Ordinary (NRO) account.
k)
In case the allottee fails to pay the installment money within 60 days from the scheduled date, BPHDCL
may at their discretion cancel the allotment and refund the deposit made by the allottee after deducting
10% of the deposited amount as processing cost therefrom. However, in special cases and on humanitarian
grounds BPHDCL at their sole discretion may allow extension of time to the allottees only once, against
his/her application seeking permission for such extension, mentioning therein the period of extension
required. Such extension will be allowed for a maximum period of 60 days and shall be subject to payment
of interest @12% per annum for number of days delayed beyond the scheduled date of payment.
l)
In the event of dishonour of an instrument on any ground whatsoever, the Applicant/Allottee shall be liable
to pay to BPHDCL minimum of Rs.1000/- or Rs.10/- for every Rs. 1000/- due, whichever is higher, for
every such dishonour.
m) All payments received will be in the first instance appropriated towards applicable interest or other dues
if any and thereafter towards the payment of installments.
n)
Any deduction from the deposited amount as has been mentioned anywhere in this clause or in these
presents shall not be deemed as penalty.
VII) ALLOTMENT.
Unless otherwise stated in any advertisement or in these presents, the allotment of Flat and Parking Space
to the eligible applicants, shall be made by draw of lots through Computer or by means of a Public Lottery as
may be decided by BPHDCL.
a)
The Flat and Parking Space allotted in favour of any applicant cannot be changed.
b)
The price & specification of the Flat and Parking Space as fixed by BPHDCL shall be binding on the
allottee/s. Taxes, like VAT, Works Contract Tax, Service Tax, Cess, or any other tax, both present and
future, as may be applicable shall be intimated by BPHDCL to the allottee/s and the allottee/s shall pay
the same over and above the price declared for the Flat & Parking Space.
c)
Flats & Parking Spaces, remaining unallotted, if any, after the draw of lottery ,will be allotted to wait listed
applicants ,if any, and thereafter if any Flat & Parking Space still remain vacant, the same shall be allotted
on fresh Terms and Conditions at the discretion of BPHDCL.
d)
BPHDCL reserves the right of allotment or sale of any or all Flats & Parking Spaces and/or of rejection
of any application without assigning any reason.
e)
Between the date of Provisional Allotment of any type of Flat & Parking Space and necessary Conveyance
for Transfer of such Flat & allotment of Parking Space, if the First applicant intends to change the name
of the Second applicant or vice verse within the members of the family, as defined in Clause III (a) herein
before, or intends to delete/include the name of either of the applicants or intends to include/change the
name of the nominee in that event BPHDCL will effect the change with the explicit consent of the other,
provided the allottee pays administrative cost of Rs.20,000./-(Twenty thousand only) plus applicable
statutory dues for each and every such change. These changes may be allowed at the discretion of
BPHDCL against valid documentary evidence to be submitted by the allottee in support of his/her application
to incorporate any of the above changes.
f)
Parking Space:
The Parking Space will be allotted by draw of lottery. Each allottee will be entitled to park only one vehicle
in each alloted parking space. The alloted Parking Space does not confer any right of ownership of the
space to the allottee/s on which the parking facility is provided and such Parking Space shall mean as
Limited Common Area and facilities as defined under West Bengal Apartment Ownership Act,1972.
The details of Parking Spaces available are as given below:
i)
Parking Space required for 'D' type of flat is 68 nos., out of which 8 nos. are covered and balance 60
nos. are open type.
ii)
Parking Space required for 'E' type of flat is 136 nos, out of which 24 nos are covered and balance
112 nos are open type.
iii) Parking Space required for 'F' type of flat is 144 nos, out of which 46 nos are covered and balance
98 nos are open type.
iv) Parking Space required for 'G' type of flat is 102 nos, out of which 52 nos are covered and balance
50 nos are open type.
v) Parking Space required for 'H' type of flat is 54 nos, out of which 27 nos are covered and balance 27
nos are open type.
vi) Parking Space required for I type of flat is 30nos, out of which 4 nos are covered and balance 26
nos. are open type.
If after allotment, some Parking Spaces remain unallotted, BPHDCL at their discretion may offer the same
to allottee/s desiring to have extra Parking Space. Unallotted Parking Spaces if any, shall be the property
of BPHDCL.
g)
VIII) DOCUMENTATION FOR TRANSFER OF FLAT & PARKING SPACE AND POSSESSION THEREOF.
a)
In terms of the provisions of West Bengal Apartment Ownership Act, 1972 and other applicable laws of
the land, The Deed of Transfer/ Conveyance of the Flat & allotment of Parking Space shall be Executed
and Registered in favour of the allottee/s after completion of the project and after payment of full price of
the Flat & Parking Space along with Taxes, Levies, dues and deposits as applicable. The Deed of Transfer
shall be drafted by BPHDCL and shall be accepted by all allottee/s without any demur. No request for any
changes in the Deed of Transfer will be entertained. Each allottee shall pay to BPHDCL for documentation/
legal charges , an amount equivalent to 1% (one percent) of the total price of Flat & Parking Space allotted
to him/her.
b)
BPHDCL will notify each allottee, through Registered Post with AD, for Execution and Registration of the
Deed of Transfer/Conveyance of their respective Flat & Parking Space within the period as shall be
mentioned in the notice issued by BPHDCL. BPHDCL shall also notify each allottee through Registered
Post with AD for taking over the possession of their respective Flat & Parking Space after Execution and
Registration of the said Deed of Transfer. Such notification will specify the time span within which the
allottee/s will have to take possession of their respective Flat & Parking Space. Once BPHDCL serve the
notice through Registered Post with AD, it should be deemed that notice has been duly served to the
allottee/s and no complaint for non service of notices will be entertained by BPHDCL.
c)
If the allottee/s fail to Execute and Register the Deed of Transfer/Conveyance within the period notified
as aforesaid, the allotment will be cancelled and total deposited amount will be refunded to the allottee
by Registered Post with AD at the address mentioned in the Application Form , without any interest and
after deduction of 10% of the Deposit as processing cost. In case there is a second allottee / applicant,
such refund made to the first applicant should be deemed as refund made to the second applicant also.
d)
The allottee/s shall be required to take Possession of the Flat & Parking Space within the notified period
as will be notified by BPHDCL. If the allottee/s fails to take Possession of the Flat & Parking Space within
the said notified period, BPHDCL will not be held liable and responsible for any damage caused to the
Flat & Parking Space on account of delay in taking over possession of the same and in such cases the
allottee/s will have to take possession of the Flat & Parking Space on as is where is basis.
e)
Further, in the event of any allottee not taking over possession of the Flat & Parking Space within the
notified period, as referred to above, possession of the Flat & Parking Space will be deemed to have
been taken over by the said allottee on the last date of the notified period for possession. Such date shall
be considered as Date of Deemed Possession irrespective of the date when the allottee/s actually took
over or shall take over physical possession of the Flat & Parking Space.
Maintenance charges for a period of 2 (two) years @ Rs. 3.50/- per Sft per month (exclusive of applicable
service tax) of the area of the Flat as mentioned in the Brochure, is payable by the allotee/s in advance
within 30 (Thirty) days of demand made by BPHDCL for Maintenance of common areas, facilities, amenities,
as detailed below. In the event of failure by the allottee /s to pay the maintenance charges within the
schedule time , interest @ 15% per annum shall be payable for number of days delayed from the date
of Deemed Possession and actual payment made. No account of expenses incurred for maintenance
shall be provided to the allottee/s.
ii)
X)
Maintenance and management of common areas/facilities/amenities mean and include Limited Common
Areas & Facilities Open and green spaces, gardens, roads, common roofs, pathways with fittings and
fixtures thereon, external sewage system, external water supply system, external sanitary & plumbing
system, fire fighting system, generator, lifts, area lighting, staircase lighting, landscaping, house keeping,
security and personnel for maintenance and operation of the facilities / amenities.
750W
30,000/-
1000W
40,000/-
1500W
60,000/-
1500W
60,000/-
1800W
72000/-
1000W
40,000/-
Running Charges
The actual running and maintenance expenses including consumables for the DG shall be payable by the
allottee/s for the following :
a) For their respective flats on the basis of allotted power load for their flats.
b) For the common areas/facilities/amenities to be calculated on pro-rata basis of the area of their respective
flats.
XIV) TRANSFER OF ALLOTMENT OF FLAT & PARKING SPACE .
a) Before execution of Deed of Transfer, 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 Flat & Parking
Space in full or in part until full payment of installment and interests thereon, if any, is made to BPHDCL
except in those cases solely at the discretion of BPHDCL. In case of transfer of allotment of a Flat &
Parking Space by the allottee/s, the right to use the Parking Space shall automatically be transferred along
with the Flat & Parking Space and no separate transfer formalities will be needed for transfer of Parking
Space. The transfer/alienation as aforesaid would be permitted only on compliance of the following :
i)
Full payment of Flat and Parking Space has to be deposited along with all other dues if any under the
allotment before the date of Transfer and the required valid documents are to be submitted by the
allottee/s and the transferee.
ii)
The transferee, being the subsequent allottee/s of the Flat & Parking Space shall be guided and bound
by the terms and conditions of Provisional Allotment Letter and the Terms & Conditions of Brochure
of Avidipta.
b) Transfer Fees.
In case any allottee applies for transfer or alienation of interest to others, the same may be permitted
before Execution of Deed of Transfer upon payment of a transfer fees @ 6% of the total price of the Flat
& Parking Space to be transferred, to BPHDCL.
c) Transfers made after BPHDCL has conveyed the Flat & Parking Space in favour of the allottee/s, shall
not be governed by these provisions.
XV)
CHANGE OF ADDRESS
All correspondence will be made with the applicants at the correspondence address noted in their application
forms. Any change of such address will have to be notified to the office of BPHDCL in writing.
In case there are Joint allottees, communications sent to allottee whose name appear first shall for all purposes
be considered as served on both allottees.
XVII) FORCE MAJEURE shall inter alia mean and include acts of God, war, civil commotion, floods, non availability
or irregular availability of essential inputs, non availability of water supply, sewage disposal connection, power,
slow down/strike by construction agencies, litigation etc.
XVIII) BPHDCL has the right to make change or amend any Terms & Condition as laid down herein. Terms and
conditions as laid down herein or as amended/changed by BPHDCL from time to time will be final and binding
on the allottee/s.
:::
Superstructure
:::
Walls
:::
Internal Finish
:::
Plaster of Paris over sand cement plaster for D, E, F & I type Plaster
of Paris over sand cement plaster and one coat of cement primer
for G & H type
External Finish
:::
Electric wiring
:::
Cable TV
:::
Security System
:::
Vedeo door phone (Black & white for D & I type and colour for others)
and Intercom facility with ground lobby for all.
Safety System
:::
Lift Lobby
:::
Refuge Decks
:::
Note : All Dimensions Shown in the Brochure are in Millimeter unless Specified otherwise
OPEN TERRACE
Floor
1st to 17th
3,930
42,00,000
1st
1st
2nd to 17th
74
-
4,157
4,157
4,157
56,00,000
56,00,000
56,00,000
500
-
1st
1st
2nd to 15th
16th
1566
1566
1566
1331
198
235
4,279
4,279
4,279
-
67,00,000
67,00,000
67,00,000
75,00,000
500
-
1st
1st
2nd to 16th
17th
1896
1896
1896
1612
1138
287
4,378
4,378
4,378
-
83,00,000
83,00,000
83,00,000
91,00,000
1st
1st
1st
2nd to 16th
17th
2074
2074
2074
2074
1773
82
1051
308
4,581
4,581
4,581
4,581
_
1st to 16th
All Flats
1373
4,515
Description
Flat
Type
1069
Price Rs)
MONEY (RS.)
42,00,000
4,20,000
37,000
-
56,37,000
56,00,000
56,00,000
5,60,000
5,60,000
5,60,000
99,000
Inclusive
67,99,000
67,00,000
67,00,000
75,00,000
6,70,000
6,70,000
6,70,000
6,70,000
500
-
569,000
Inclusive
88,69,000
83,00,000
83,00,000
91,00,000
8,30,000
8,30,000
8,30,000
8,30,000
95,00,000
95,00,000
95,00,000
95,00,000
1,03,00,000
500
500
-
41,000
5,25,500
Inclusive
95,41,000
1,00,25,500
95,00,000
95,00,000
1,03,00,000
9,50,000
9,50,000
9,50,000
9,50,000
9,50,000
62,00,000
62,00,000
6,20,000
Note : 'G', 'H' and 'I' type of flats are having Servants Room which is inclusive in the price shown above.
10
= Rs. 3,00,000/-
Period of Payments
1st Instalment
Application Money as
stated above.
2nd Instalment
3rd Instalment
4th Instalment
5th Instalment
6th Instalment
7th Instalment
8th Instalment
9th Instalment
5% of total price
5% of total price
c) All instalment and other payments is to be paid by Pay Order/Demand Draft of any Bank, payable at Kolkata, in favour of
"Bengal Peerless Housing Development Company Limited" and to be deposited at the designated branches of Axis Bank and ICICI Bank.
11