(The Applicant (s) hereby agree(s) to participate in housing draw of lots - Commander’s ‘Anand Griha’ Aawas Yojana (CAGAAY) upon the terms and subject to the conditions set out below:-
- Eligibility Criteria:
To avoid any unnecessary hassles and rejections, it is advisable for potential participants to check the eligibility criteria and accept terms and conditions before entering the draw of lots. If any of the candidates is filling the application form without eligibility or with the incorrect details, then they are disqualifying themselves from participating in the draw of lots (CAGAAY). Eligibility criteria is given below. Fill up your application form on the basis of your eligibility criteria.
Note applicant may pay flat offer price by availing home loan also subject to loan eligibility.
- The age of Applicant of CAGAAY should be 18 years and above.
- Do not fill up the application form on behalf of children. if you do so your application form will not be accepted by App and we will not be responsible for refund of application fee.
- Applicant should have valid PAN & AADHAAR Card before participating in draw of lots.
- Before applying for draw of lots, applicant should ensure that he/ she /they have capacity to pay flat offered price. (Pls refer Payment Schedule of Draft agreement Published in MahaRERA site.).
- Category Preference:
The applicant may give one or more preferences of his/her choice (maximum 04) by paying the EMD amount for each preference. In this case said applicant shall be eligible for draw of lots in all categories. If applicant gets selected as winner in one category he/she will not be considered for other category draw of lots automatically. His/her EMD amount for other categories will be refunded.
- Application once submitted successfully cannot be withdrawn.
- Conditions and Procedure after Draw result
All selected applicants and Applicants promoted from wait list pool have to follow steps given below after Result of Draw of Lots
- All Selected applicants have to submit below mentioned documents within 7 days after their name appears in select List:
- Self-attested copy of PAN Card (Permanent Account Number) issued/allotted by Income Tax Department.
- Proof of residence like self-attested copy of Passport, government Identity Card, Election ID Card, Ration Card, Driving License, Telephone Bill, Electricity Bill, Water Bill, House Tax Receipt, Bank Pass Book (page carrying name and address) or Aadhaar Card. Booking amount cheque ( 10% of offer cost)
- Booking amount cheque ( 10% of offer cost)
- Stamp duty/ registration charges cheque/ legal charges.
- Passport size photographs.
- In case flat consideration amount is to be paid through home loan then Pre-sanction Home loan Letter from any bank or financial institution needs to be submitted 2 days prior to registration of agreement to sale.( Note- It is the responsibility of selected applicants to get their home loan pre-sanctioned before registration of sale agreement. It is specifically declared that, CED or Administrator of CAGAAY will not be responsible for any delay)
- Get your agreement registered on or before 25th Feb 2020 or 24th March 2020 as the case may be.
- In case your name does not appear in both the lists ( Select list and Waitlist pool) then update your bank details in App. (which you can update any time from Menu item in Application).
- Earnest Money Deposit Refund Policy:
The EMD amount will be refunded without interest to the following applicants only who are:
|Eligible for EMD Refund
||Date of Refund
|Declared Not Selected in Draw of Lots Dated 27/01/2019
||Up to 11th Feb 2020
|Wait list Pool applicant and not promoted to select list till 24th Feb 2020.
||Up to 11th March 2020
|Selected in one flat category and hence EMD of other flats category will be refunded by 11th Feb 2020.
||Up to 11th Feb 2020.
- The EMD of the applicant will be forfeited on following occasions:
- If Selected applicant fails to register sale agreement by 25th Feb 2020 for any reason.
- If selected applicant decline the flat on account of location, floor, Vaastu and for any other reason etc.
- If selected applicant withdraws himself due to inability to pay for the flat cost due to insufficient funds or less home loan eligibility.
- If Promoted wait list pool applicant fails to register sale agreement by 24th Mar 2020.
- If Promoted wait list pool applicant fails to full fill conditions 11 (b)&(c) stated as above.
- Applicant: Any Person who competent to contract who has applied with intent to participate in draw of lots.
- Selected Applicant:
- Name of Applicant appears in select list.
- Applicants Prompted from waitlist pool.
- Waitlist Applicant: 196 Applicants Who are placed in waitlist Pool.
- Not selected Applicant:
- Whose name does not appear in select list and wait list Pool.
- Applicant from wait list pool not promoted to select list.
- Customers: Applicant/s who have registered agreement to sale on or before dates mention herein.
- Earnest Money Deposit: It is non-negotiable assurance amount from applicant to CAGAAY.
- Preference/ Selection of Flat:
- No preference for specific Wing/Floor/Flat can be exercised by the participant.
- No request for change of wing/ floor /flat will be entertained post draw of lots.
- No document required to be submitted at the time of submission of application online through ‘CAGAAY’ App. Only the successful participants will be required to submit the prescribed supporting documents.
- Registration of Flats:
- The successful participant can register flat on his/her name or on joint name with his/her spouse, son, daughter only.
- On specific request CED can allow to get registration only in the name of successful participant’s son or daughter with or without their spouses as a joint applicant. In this case, the CED will charge suitable transfer fee for granting said permission.
- The flat allotted through draw of lots is non-transferable to anyone outside blood relation.
- The successful participant will not be allowed to sell flat till possession of flat. In case of urgent need ,the successful applicant will be allowed to sell only through CED with specific transfer fee.
- Disqualification: The CED reserve the right to disqualify any of the Eligible Unit or any of the Eligible applicant due to:
- After selection found not in capacity to Pay offer price for flat.
- Fails to complete the registration of sale agreement on or before specified time.
- any breach of these terms and conditions or other rules and regulations of the CAGAAY by the applicant.
- any breach of any applicable laws, rules, regulations, by laws or requirements, whether or not having the force of law, by any of the applicant or
- any non-disclosure, fraud, cheating or deception as determined In the CED sole and absolute discretion, by any of the Applicant ; or
- inaccurate or incorrect information and/or disclosures by the Eligible Participant; or
- any acts or omissions of the applicant , directly or Indirectly bring the CED Into disrepute.
- Special draw for additional Bumper discount price: Special draw will held for 196 customers who successfully completed the registration of Agreement to sale on or before the date mention here in above and the conditions of special draw are as follows:
- The special draw will be held at project site, Survey No 16/2, Karade Khurd, Panvel and it is mandatory for all customers to attend personally.
- In case of extreme situation, where it is not possible for select customers to attend personally then his/her/ their representative with proper authorisation and prior approval of CED is permitted to attend the function.
- Maximum 04 members (family/friends) with each participant will be permitted to attend the special draw function.
- Details of 04 members have to be conveyed to CED till latest by 18 Mar 2020, so that proper entry passes will be sent to select and qualified participants and for their family members/friends.
- Features Speacial Draw:
- Winner will get Flat @11.11 Lakh.
- One winner will be selected from each category.
- Remaining Customers will get CONSOLATION PRIZE of MOBILE PHONE up to Ten Thousand MRP. 10,000/-
- The difference between offer cost of flat of particular category and 11.11 lakh will be either refunded at the time of possession or last few instalments amounting to prize value be waived off.
- PMAY Subsidy: The successful participants who are eligible for Pradhan Mantri Aawas Yojana-Housing For All scheme as per PMAY norms can avail PMAY interest link subsidy up to2.67 lakh. The successful allottee can avail the benefits of subsidy under PMAY from the empanelled and other Banks & Housing Finance Companies, subject to fulfilling the eligibility criteria mentioned in the PMAY Scheme. The lists of institutions from which interest subsidy can be availed are available on the websites of Ministry of Housing & Urban Poverty Alleviation (www.mhupa.gov.in) and the two Central Nodal Agencies viz. National Housing Bank (https:/lnhb.org.in) and hudco. (www.hudco.org.in).
- Note:- It is brought to the notice of each applicant that the Credit Link Subsidy is completely on NHB and Govt of India desecration and the developers and Bank has no role in it.
- Government Taxes: In case any tax liability is attracted on amount saved ( difference between RR rates and offer cost of flats/ Bumper Cost), then it is the responsibility of individual successful participants to abide by such tax liabilities and CED or developer has not responsibility towards it.
- Representations and Warranties: The applicant represent and warrant to the CED that:
- the applicant/s have the power to enter into and agree these terms and conditions;
- no litigation, arbitration, tax claim, dispute or administrative proceedings presently current or pending or, to its knowledge, threatened, which is likely to have an adverse effect upon the applicant;
- these terms and conditions constitutes a legal, valid and binding obligation of the applicant (s) and are enforceable In accordance with Its terms and conditions: and
- the applicant (s) have observed and complied with a laws, rules, regulations, by-laws, orders, and other requirements for the time being in force, affecting relating to or concerning these terms and conditions.
- The Applicant (s) acknowledges that the CED have relied on the applicants representations and warranties as set out in these and such representations and warranties are valid and effective for the duration of the CAGAAY.
- If applicant breach any terms and condition of CAGAAY, then applicant shall not be entitled to claim EMD refund.
- Restrictions: The Applicant/s undertake that they shall not, without the prior written consent from the CED and the Group (which consent may be withheld without assigning reasons therefore):
- publish, print and/or disclose any information In connection with the CAGAAY(including Without limitation to any representatives of media in any form whatsoever); and/or
- give any product endorsement, any interviews or be Involved in any articles or reports in respect of the CAGAAY.
- Decisions of Marketing Company:
The CED’ decisions on all matters relating to the any Inconsistencies of these terms and conditions) shall be final, binding and conclusive on the applicant(s), No discussion, correspondence, enquiry, appeal or challenge in respect of any decision of the CED shall be entertained in any way whatsoever.
The Applicant (s) hereby irrevocably waive all rights to make any oral or written complaints, public announcements or statements on the CAGAAY, unless with the prior written consent of the CED.
- Termination, Discontinuation and Suspension:
- The CED may at any time without prior notice terminate, discontinue or suspend the CAGAAY for the reason beyond its control.
- Such termination, discontinuation or suspension shall not give rise to any claim by the Purchaser(s) and the Eligible Participant.
- The CED shall not be liable to the Applicants for any failure to fulfil any terms of these terms and conditions for any reason whatsoever Including but not limited to any other circumstances of whatsoever nature beyond the control of the CED.
- The CED shall not be liable to the Applicant (s) and/or the persons accompanying the Applicant (s)for any accidents happening, injuries, toss (including loss of life), liability and/or damages which may be suffered to their person or property whether by reason orasa consequence of or howsoever arising from or In connection with the CAGAAY.
- In any case of whatsoever nature and for any reason liability of CED is limited to refund of Interest free EMD to the applicants as per EMD refund policy.
The Applicant shall Indemnify the CED and the agencies working with or for CED, the employees, stakeholders, consultants, media and any other related associates of CED, against any actions suits proceedings, claims, demands, fines, penalties, costs and expenses (including but not limited to legal costs on solicitor and client basis) which may be brought or made against or incurred by the CED in any way whatsoever.
- Governing Law:
These terms and conditions shall be construed, governed and interpreted In accordance with the laws of India in general and State of Maharashtra in specific.
- Successors Bound:
These terms and conditions shall be binding upon on the Applicant(s) and the successors, heirs and personal representatives and permitted assigns of Applicant(s).
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- Force Majeure :
CED shall not be liable for any default in respect of contest due to any act of God, War, riot, Strike, lockout, industrial action, fire ,flood, strike, technical or system failure or any other event beyond the reasonable control of CED.
In the event any inconsistencies between English Terms and Conditions and Marathi Terms and Conditions and in any brochures, marketing or promotional materials relating to draw these terms and condition in English language shall prevail.
The applicant can not avail the benefits of doubts for any printing or inadvertently committed mistake in any documents of CAGAAY. (Printing includes Digital Printing, electronic Communication and documents includes physical or electronic/ digital documents).
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