TERMS & CONDITIONS

  1. This Application constitutes an offer by the Applicant/s to acquire an Apartment as mentioned in the Application and is not a concluded contract. The Application does not confer or constitute any right in favour of the Applicant/s for allotment. The Company reserves the right to accept or reject this Application, at its sole discretion and without assigning any reason for the same.
  2. Only the Indian Residents/Non-Resident Indians (NRIs)/Persons of Indian Origin (PIOs)/Companies/ Partnership Firms / LLPs who are competent to enter into contract under the Indian Contract Act, 1872 shall be eligible to apply.
  3. The Applicant shall be responsible to comply with all the statutory compliances as required from time to time under the applicable laws prevailing in India including the laws applicable to NRIs/PIOs and the Company shall not be liable for the same in any manner whatsoever.
  4. The online payment of Rs. 25,000/- / Rs. 35,000/- herein is subject to the rules and regulations of Reserve Bank of India (RBI) as well as the rules and regulations framed of the VISA/MasterCard/Maestro/American Express or any other card organization applicable and prevailing from time to time
  5. The above blocking amount of Rs. Rs. 25,000/- / Rs. 35,000/- shall be applicable only for a single unit and for the duration of 1 month.
  6. The said payment is subject to the risks involved in any Electronic Payment Transactions including due to any technical failure in the payment gateway operations and the Company shall not be liable/responsible for any failure of any payment transactions or for any amounts debited from the Applicant account but not credited to the account of the Company due to any technical error in settlement or otherwise and the Applicant shall not have any claims against the Company for such transactions. In such instances, the Company will inform the Applicant about such failed transaction and refund the same to the applicant(if any)
  7. The said payment is merely towards expressing an interest in a particular unit and by virtue of said payment no right, title, interest or claim of any nature is created in such unit. The allotment, if any, shall be done subject to the Applicant making payment of consideration value and other charges in accordance with the Application Form and complying with the terms and conditions contained therein.
  8. Subsequently, the applicant shall pay the booking amount of 9 % of the total sale consideration amount of the Unit within a period of 30 working days from the date of booking. The Applicant/s agree that in accordance to the Income Tax Act 194IA the Applicant shall remit 1% TDS of the total consideration (exclusive of taxes) at source made or to be made in favour of the Company and all the instalments to be paid by the Applicant/s under the Agreement for lease. The Company shall not be held responsible for any non-payment/delay in remittance of TDS by the Applicant/s.
  9. Upon said payment being credited to the account of the Company, an e-receipt number will be generated and emailed to the Applicant, which shall be mandatorily required for processing the Application of the Applicant. The applicants are required to print or save the receipt for his transaction/records and submit the same to the Company as and when requested to do so.
  10. The Applicant/s understand that the Booking Amount is an interest free refundable earnest amount paid to the Company and constitutes an expression of interest of the Applicant/s in purchasing an Unit in the projects Nyati Evolve I/ Nyati Elysia II/ Nyati Elysia IV/ Nyati Elan South East I/ Nyati Evara II/ Nyati Erica/ Nyati Esteban I and in no manner to be considered as an assurances having been given by the Company for the sale of the Unit. All payments should be made by way of account payee cheque / demand draft in favour of Nyati Geeta Associates - Nyati Evolve I Master Collection/ Nyati Housing A/C Nyati Elysia II Master Collection/ Nyati Housing A/C Nyati Elysia IV Master Collection/ P-Square Builders LLP - Elan South East I Collection A/C/ Nyati Builders Pvt Ltd - Evara II Collection Account/ Nyati Builders Pvt Ltd A/C Nyati Erica Master Collection/ Nyati Realtors LLP A/C Nyati Esteban I Master Collection respectively, payable at Pune.
  11. In the event of the Applicant fails to pay the booking amount of 9% of the total sale consideration amount of the Unit within a period of 30 working days, then in such an event the booking made in favour of the Applicant shall be cancelled, and the Unit or the Apartment booked shall get automatically released and the Company shall be at liberty to offer the said unit to any other third parties.
  12. The payment made by the Applicant shall be refunded to the Applicant, subject to deduction of Rs. Nil/- within a period of 180 days from the date of request made by the Applicant for refund of the Blocking amount or from the date of default committed by the Applicant in making the payment as mentioned in Clause herein above.
  13. In the event of Promoter intimating the acceptance of the Application and calling upon the Applicant to execute the agreement for sale for the Apartment applied for and the Applicant/s failing to come forward to execute the agreement for sale within 10 working days of such intimation, the Promoter at their discretion would be entitled to cancel this Application and on such cancellation the Promoter shall refund the amounts within 30 days after deducting an amount of Rs. 1,00,000/- as processing charges and the other expenses plus applicable GST.
  14. In case it is learnt that the Applicant has misrepresented any fact or information Provided by him/her, shall get automatically released and the Company shall be at liberty to offer the said unit to any other third parties, irrespective of the refund of the Payment to the applicant. such applications will be summarily terminated and the said payment shall stand forfeited.
  15. The Applicant/s is/are aware that in the event of any of the initial booking cheque, not being honoured/cleared, the Application for allotment shall be invalid/ be deemed to have been rejected then in such an event the booking made in favour of the Applicant shall be cancelled, and the unit shall get automatically released and the Company shall be at liberty to offer the said unit to any other third parties
  16. Loan from financial institution to finance the purchase of the apartment may be availed by the Applicant/s. Any refusal of such financial assistance and the Applicant/s seeking to withdraw this Application, it shall be considered as a cancellation by the Applicant/s and the Applicant/s shall be liable to pay the amounts set out in clause herein above.
  17. The Total Consideration is inclusive of land cost, construction cost, cost of providing power supply, cost of providing water and sewage connections, maintenance deposit/corpus fund, city infrastructure charges, advance maintenance charges for one year, cost towards clubhouse and amenities, GST as would be detailed in the agreement for Sale to be executed. *** Additionals / Deposits such as Charges towards providing Power, Water and Sewerage connection, Maintenance Deposit, will be payable by the Applicant as per demand raised by the Promoter as per applicable timelines.
  18. Increase in existing tax levies and fresh government levies, applicable during the contract period shall be met by the Applicant/s.
  19. The total consideration is exclusive of stamp duty, cess and registration expenses, etc.
  20. Taxes have been computed based on the current rate applicable. All additional taxes / levies / cesses or any other statutory charges which may be imposed by the authorities from time to time, shall be payable by the Purchaser.
  21. The consideration value and the other charges are payable as per the Payment Schedule annexed to the Application Form
  22. This Booking Application of the Unit is not transferable to any other third party, but transfer to family members (father/mother/wife/husband/son/daughter, brother, sister, father in law, mother in law, daughter in law, son in law, grand father and grand mother, grandson and grand daughter) would be allowed with prior approval of the Promoter. Post execution of Agreement for Sale, transfer to any third party would be allowed only upon obtaining prior approval from the Company and payment of transfer fees plus applicable taxes as per the terms of the Agreement for Sale.
  23. The Applicant/s is/are also fully aware that the development of the project is being done phase wise and comprises of mixed development, which would be undertaken from time to time.
  24. The Developer reserves the right to change the pricing offered to other customers at their sole discretion without prior notice. The Applicant/s will not question the sale price of any other applicant/s nor will the Applicant/s be entitled to compare the same with other applicants.
  25. The Applicant/s further agree that only after the Applicant/s executing agreement for Sale and agreeing to abide by the terms and conditions laid down therein, there would be a concluded contract between the Promoter and the Applicant/s.
  26. It is mandatory that purchasers use their respective accounts to make all transfers starting with the booking amount, the payment schedule and all other charges mentioned above.
  27. In case the applicant wants to Cancel the unit within the said project, the client has to initiate cancellation by calling the head office, CRM will process for the refund. If the cancellation request is made under:

    • Cancellation within a one month from the date of booking will process for the refund of Rs.25,000/- / Rs. 35,000/- ( after deducting Rs. Nil and the refund shall be made within 180 days from the date of cancellation.)

    • Cancellation later than one month from the date of booking will be processed for the refund after deducting Rs. Nil or actual paid amount whichever is lowest and the refund shall be made within 180 days from the date of cancellation.
  28. In case the applicant wants to swap the unit within the said project post payment of blocking amount, there will be swapping charges of Rs.Nil applicable.

IMPORTANT - The Income Tax Act, 1961 requires a purchaser of an immovable property (other than rural agricultural land) worth Rs 50 lakh or more to deduct and pay withholding tax at the rate of 1% from the consideration payable to the Seller. He/ She is required to quote his or her PAN and Sellers PAN while making the payment. The PAN of Seller will be shared by the CRM member managing the respective project . Purchasers are requested to comply with the law and issue us the Form 16B. Form 16B is the TDS certificate to be issued by the Purchaser to the Seller in respect of the taxes deducted and deposited into the Government Account. Further details on this may be found at www.nyatigroup.com.Purchasers are solely responsible for this compliance.

Any disputes arising between the parties shall be governed by the laws of India and subject to exclusive jurisdiction of Courts in Pune, India. The cost towards stamp duty and registration are additional and shall be paid by the Purchaser at prevailing rates during the time of registration.

I/We, the undersigned Applicant and Co-Applicant accept all the above terms and agree to Pay the balance Application amount within stipulated time hereof, if any; and execute the Agreement to Sale within the stipulated time of the booking date, with payments as provided in the Payment Schedule. We further confirm that we have seen and understood the plans and specifications for the unit that we are hereby applying for.

PRIVACY POLICY
  • The information which is provided by the Applicant herein may be used by the Company and its affiliates:-
  • to send important notices/communications regarding the status of their Expression of Interest Form etc. and the relevant policies, terms, conditions, etc.;
  • to keep the Applicant posted on their project launches, announcements, project updates and upcoming events and to improve their services, content, advertising..
  • for internal purposes such as auditing, data analysis, and research to improve its products, services and customer communications.
  • The Company shall take reasonable security practices to protect the privacy of the information provided by the Applicant. Except as mentioned herein, the Company shall not disclose such information to any third party. However nothing contained hereinabove shall apply to any disclosure of confidential Information if:-
  • such disclosure is required by law or requested by any statutory or regulatory or judicial/quasi-judicial authority or recognized self-regulating organization or other recognized investment exchange having jurisdiction over the Parties; or
  • such disclosure is required in connection with any litigation; or
  • such information has otherwise entered the public domain.
  • The terms and conditions contained herein and in the Application Form shall be construed in accordance with the laws of India and any disputes/issues arising out of this transaction will be subject to the exclusive jurisdiction of Courts at Pune.
DECLARATION
  • I/We hereby declare that the above particulars given by me/us are true and correct and no material fact has been concealed there from. I/We have gone through the terms and conditions written in this Application. I/We declare that in case of non-allotment of the Unit upon receipt of Booking amount after deduction of charges as mentioned herein above, I/We shall have no claim against the Promoter. I /We are fully aware that this is only a Non-binding Booking by us to propose to acquire the Unit and not a concluded contract.
  • I/We undertake to inform the Company of any change in my/our address or in my other particular/information, given above, till the booked property is registered in my/our name(s) failing which the particulars shall be deemed to be correct and the letter sent at the recorded addresses by the Company shall be deemed to have received by me/us. In case, any information furnished is found to be incorrect, false or concealed, Expression of Interest is liable to be rejected.
  • I/We do hereby solemnly accept and agree to abide by the terms and conditions as stipulated in the Application with respect to pricing, unit and payment schedule which shall be annexed to Agreement for Sale.