GENERAL RULES, TERMS & CONDITIONS (SWO-INDIA)

1. All the dwelling units/flats/plots etc mentioned herein shall be referred as “UNIT(s)”.
2. Submission of an application is no guarantee of allocation/allotment of any Residential Unit.
3. Conditional applications are not considered. 
4. Submission of false/fabricated documents shall attract criminal proceedings.
5. While corresponding with SWO-INDIA, applicant is required to quote his Bonus Card Number /LDS registration Number/ Confirmed Booking Number.
6. Provisional details of drawings and specifications or layout plan or any other information concerning the scheme is provided to the applicants on the website.
7.  The procedure of registration/booking and method of payment is given on the website.
8. No separate notice for payment of every installment is sent to the applicants.
9. The residential unit shall be used only for residential purposes. And the commercial units will be used only for commercial purposes.
10. Residential /Commercial Units and parking spaces are offered on “as is where is” basis. No representation in this regard is accepted.
11. The price given on our website is tentative and is subject to variation with reference to the actual measurement of site as well as in the event of enhancement of compensation by the courts under the land acquisition act, 1894 and increase in the cost of development including amenities or otherwise.
12. SWO-INDIA reserves the right to increase or decrease the number of residential units depending upon the availability of acreage and peculiarity of the site.
13. SWO-INDIA further reserves the right to change the facilities, specifications, locations etc. and also the right to abandon a part of the scheme or the entire scheme.

ALLOTMENT PROCEDURE

1. In case of “first come first served” schemes the allotment of units is made as per the seniority of receipt of scan copy of Demand Draft at the Head Office of SWO-INDIA. Procedure for allotment is given on the project page.
2. Joint Registration: SWO-India permits applicants to include the name of any one spouse /children/parents as joint registrants. The provision has been made to widen the scope of housing loan, but SWO-India will interact only with the original applicant.                                                         
3. Allocation Letter: Allocation Letter is issued with complete schedule of payments indicating Confirmed Booking Number based on receipt of his Booking Application Form and clearance of booking amount by the bankers.
4. Mutual Exchange of Units: Mutual exchange of residential apartments or parking spaces may be permitted within the Scheme, on written request from the applicants. It may be noted that mutual exchange would be permitted only prior to taking over the physical possession of one’s residential unit/ apartments or parking space. Such transfer will, however, be subject to Transfer of Property Act and State Laws, Transfer Fee as applicable and any other payment /dues or overhead charges as accruable.
5. At the time of applying for mutual exchange, both allottees will have to pay their full dues for original allotted Residential Units with interest on delayed payment, if any. Any allottee desiring change to a higher category will not be charged interest on differential amount nor will SWO-India pay any interest to the one opting for a lower category. The transfer process will entirely be an arrangement between the two mutually consenting parties on mutual consent.

LOAN FACILITY

There is no provision of loan facility on residential plots. In some cases the developers manage to provide this facility, the same is communicated to the applicants on project to project basis. In case of flats/apartments required documents for obtaining loan are provided by the society/builder /land owner in favour of the applicants after receipts of mandatory NOCs/approvals from the concerned authorities.

DELAYED PAYMENTS

9% pa interest shall be levied on the applicants on all delayed installments of payments.

REFUND/WITHDRAWAL FROM A SCHEME/PROJECT

If an applicant wishes to withdraw from a scheme, he should submit a written request to the SWO-India, along with the following documents:-

1. Refund Form duly filled up and duly signed by the applicant.
2. Letter of allocation/allotment of unit in original (if issued).
3. Original receipt(s) issued by SWO-India office against the payment(s) made by the beneficiary.
4. Pre-receipt of refundable amount.
5. Cancellation charges of 5% shall be deducted from the refundable amount {including paid up amount and amount of delayed installment(s) + applicable delay charges thereupon} in case of withdrawal/cancellation from the scheme at any stage after the payment of Registration/Booking/1st Installment amount.
6. Cancellation Charges would also be applicable even on the outstanding installments due /occurring on the date of receipt of request letter /application for refund.
7.  All refunds will be made only after a new buyer has made his payments against the surrendered plot/flat. Minimum 90 days period will be taken for the refundable amount to be released to the applicant.
8. No interest will be paid by SWO-India in case of Refund from the scheme at any stage and all refunds will be made within 90 days of receipt of Refund Form.

HANDING OVER

The units and parking spaces  will be handed over on ‘as-is-where-is’ basis as allotted after the Developer, Contractor and Architect have certified their completion. However, defects and deficiencies observed by the members at the time of handing over/taking over may be recorded in the documents at the site office. These will be examined and rectified, wherever applicable, within the defect liability period.

DELAY IN TAKING OVER

1. Three months time shall be given to the member to take over the residential unit.
2. The allotment of a member/applicant, who fails to take over the possession of the units within given 03 months, shall be liable to be cancelled by SWO-India without any further notice and his/her paid up amount shall be locked for a period of 6 months in the name of SWO-India  and shall only be refunded after applicable deduction of cancellation charges on the expiry of lock in period.
3. Not more than one month extension period will be granted to any member to take over the residential unit under any circumstances.
4. The member/applicant, who takes possession later than given period  will, however, be obliged to pay the arrears to the concerned Residents Association/Society/developer the monthly up-keep & maintenance charges, as levied by it w.e.f. the date made applicable by the Resident’s Association .

SUCCESSION

In the event of the death of the applicant before the residential unit is taken over, his/her spouse or dependent children, whoever has been shown as the nominee in the Application Form, will be eligible to continue in the Scheme and to avail of the benefits under the Scheme. Residential unit shall not be transferred to anyone other than the specified nominee in the application form.

TRANSFER OF PROPERTY

1. The applicants will not be permitted to dispose of the units by way of Sale/ Transfer / Assignment/ long Lease/ by execution of Power of Attorney, under any circumstances, before transfer of the legal title of the dwelling unit by SWO-India or builder in favour of the member. Any such transfer shall result in cancellation of allotment of the unit, in such case the allottee will pay penalty as ‘Cancellation Charges @ 25 % of paid up/payable amount.’
2. Procurement of NOC from SWO-INDIA is mandatory to sale/transfer/gift of the subject residential unit. Transfer Fee equivalent to 0.5 % of the Total Cost of the flat shall be by the
3. Transferor and also by the Transferee separately after obtaining written permission from the society.

POSSESSION AND OWNERSHIP

1. Possession of residential units shall be handed over to the allottees after completion of development works at site in a maximum period of 3 yrs from the date of announcement of the scheme.
2. In case for any reason SWO-INDIA is unable to deliver the possession of plots in stipulated period of three years, allottee shall have a right to withdraw from the scheme, in that case, the SWO-INDIA will refund the entire amount deposited by the applicant along with 9% simple interest. Apart from this, there shall be no other liability of SWO-INDIA.
3. The ownership of the land shall continue to vest with SWO-INDIA until full payment is made of outstanding dues in respect of the said plot/apartment.
4. The allottee shall be required to execute a Sale Deed/Deed of Conveyance on prescribed format and in prescribed manner within 90 days of issue of such intimation/letter. The expenses of registration would be SOLELY borne by the member.
5. The members will be given a notice of three months to take over the allotted residential /commercial unit, provided he/she has completed all formalities, paid all the dues and obtained a Clearance Certificate from the SWO-India.
6. All formalities of mutation of the purchased property are to be undertaken by the allottee under his/her own arrangements; however necessary support if required shall be provided by the staff of SWO-India.

DISPOSAL OF PROPERTY

There is no restriction on sale of residential units after the possession has been taken over by the member/applicant and all legal formalities have been completed. Prior permission of SWO-India/NOC in writing is mandatory for Sale/Transfer of a Unit.

TERMINATION OF ALLOCATION / ALLOTMENT

In case of default in schedule of payment of any or all installments totaling beyond 90 days and default in taking over the sale deed of the residential unit within 90 days of issue of such letter/intimation, management reserves the right to cancel membership/ allotment/allocation of the unit without any notice to the member.

CHANGE OF CONTACT INFORMATION                                                                                                                               
All applicants are required to keep the change in the correspondence address, mobile phone number and e-mail updated through their respective account on the website.

ADDITIONAL TERMS & CONDITIONS

1. It is mandatory for all applicants to read Rules given herein the General Rules and abide by all the society rules and additional terms & conditions as declared from time to time.
2. The residential unit shall be used only for residential purposes.
3. Cost of Application, Application Fee and Processing Fee are NON-Refundable under all conditions of refund or withdrawal.
4. In case of escalation of price due to increase in area, enhancement of land compensations or for any other reason, the increased price shall be added to the balance scheduled payment.
5. Unit areas/sizes mentioned on the website are indicative, actual unit area may vary in size.
6.  Incomplete Application Form or without supporting documents is liable to be rejected.
7. Declarations made on the Undertaking (Affidavit) are mandatory for submission by the applicant.
8. Acceptance of Society membership of the Welfare Association of project complex as and when formed shall be binding on all applicants. Each member needs to pay maintenance charges.
9. The schedule of possession may be delayed due to any unavoidable circumstances.
10. Additional Terms & Conditions as declared from time to time on specific project basis shall be binding on all members/ applicants.
11. No Preferred location. Plots will be allocated on “first come first served” basis as per the procedure.
12. SWO-INDIA shall have full rights to change or alter the plan/specification without assigning any reasons.
13. No plot/flat will be considered allotted, without payment of the entire amount.
14. The entire payment, including all additional amount, is to be made before possession, well within the time limit. The payment period and amount of installments is fixed as shown in the payment schedule and cannot be varied. No separate intimation/reminders will be given to the applicants.
15. Any other adjustment such as interest on late payments, escalation/de-escalation etc shall be reflected in the last installment/final settlement of accounts before issue of NOC by SWO-INDIA.
16. In the welfare interest of our clients SWO-INDIA will act as a coordinating and facilitating agency between the developer and the beneficiaries till completion of the project.
17. SWO-India in the interest of its clients/project may change/cancel/amend any of the above terms and conditions at any point of time without any notice/ assigning any reasons.

DISCLAIMER

In a case of rare eventuality for whatever reasons, any scheme fails, SWO-INDIA will refund the deposited money along with 9% simple interest to the applicant. SWO-INDIA shall not be liable for any other claim/damages in this regard.

DISPUTES

1. All the disputes and/or differences which may arise in any manner touching or concerning this allotment shall be referred to the Sole Arbitrator, Director Projects SWO-INDIA or any person appointed/nominated by him in this behalf. The award of such Arbitrator shall be final and binding on the parties. Arbitration shall be governed by the Arbitration and Conciliation Act, 1996, as amended from time to time.
2. All suits and legal proceedings of any kind against SWO-India shall be instituted in the appropriate court in Delhi notwithstanding the location of the property, which may be the subject matter of dispute.