Terms & Conditions

Riverbank Developers Private Limited having its registered office at 225C, AJC Bose Road, 4th Floor, Kolkata 700020, West Bengal offers apartments in the Project named as “Usshar Phase 1A” to be constructed at Batanagar (the “PROJECT”).

The Apartments on Offer (detailed herein below) will be allotted only through a process of draw of lots. The process of draw of lots would be supervised by an external reputed agency. The details of the process of allotment are given below:

1. OFFER

The Project consists of three towers (Tower 1, Tower 2 & Tower 12) of G+31storied comprising of 2 BHK and 3 BHK apartments. The following apartments in Tower 1 and Tower 2 are being offered for allotment.

1. Number of 2 BHK Apartments - 182
2. Number of 3BHK Apartments - 170

2. WHO CAN APPLY

1. An individual, i.e. a person of the age of majority (or a minor through legal or natural guardian), whether an Indian citizen or Non-Resident Indian Citizen or a Foreign Citizen of Indian origin, resident in India or abroad can apply. In case of minor, age proof and name of natural guardian is required. Joint application by more than one person is permitted. In case of joint application, the name appearing as “First Applicant” in the application form will be used for all communication by the Company and all communications sent to the First Applicant shall also be deemed to have been sent to all other applicant(s).
2. Foreign citizen shall be deemed to be of Indian origin if he/she held an Indian passport at any time or he/she or his/her father or grandfather was an Indian citizen by virtue of the Constitution of India or Indian Citizenship Act, 1955. Citizens of Pakistan, Bangladesh, Afghanistan, Bhutan, Nepal and Srilanka shall be deemed to be not of Indian origin.
3. Non-Resident Indian / Foreign Citizens of Indian Origin residing outside India, shall be solely responsible to comply with the provisions of the Foreign Exchange Management Act 1999 (FEMA) and The Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2000, and/or all other statutory provisions as laid down and notified by the Government or concerned Statutory Authorities from time to time, including those pertaining to remittance of payment(s) for acquisitions of immovable property in India.
4. Other Entities, i.e. a Body Corporate incorporated in India or a Partnership firm or HUF or any other Association of Persons (AOP) recognized as legal entity under any law in India.

3. APPLICATION PROCEDURE

1. A person intending to buy an Apartment will have to apply in the prescribed Application Form in original only. No duplicate or photocopy of the application form shall be accepted.
2. Applicants can buy Application Form offline from the specified locations listed below till 30 days from the date of launch from 11AM to 4 PM. Applicant can fill online Application Form directly through the website- www.usshar.com
3. It is important that abundant care is taken by the Applicant to go through the draw of lots process before filling in the Application Form.
4. Use of eraser, white ink and overwriting for correction is strictly prohibited.
5. Applications under online mode- Applicants who would download Application Form online would need to make payment electronically:
   1. Applicant has to compulsorily submit duly filled in Application Form online in the prescribed format.
   2. Based on mode of transaction, necessary convenience charges, if any, might be levied upon Applicants.
   3. Payment of Application Money may be made through Net Banking/ Debit Card/ Credit Card and other mode(s) as may be available in the website.
   4. An “e-acknowledgement” will be generated for record of the Applicant(s).
   5. In the event of any problem involving online payment of the Application Money, the decision of the intermediary, whose portal is being used for would be final regarding authenticity of such transaction.
   6. In situation where online payment is accepted but subsequent uploading of filled in Application Form or generation of payment acknowledgment could not happen, then reference would be made to the transaction ID and the Application Number, subject to submission of necessary details by the Applicant in support of his/her claim alongwith a confirmation from the intermediary.
   7. Convenience charges (if any) payable on account of online payment of Application Money shall be non-refundable.
6. Applications under offline mode- Applicants who would buy Application Form offline would need to make payment by Cheque/Demand Draft/Pay Order and submit it at the specified locations:
   1. Applicant has to submit duly filled in and signed Application Form in the prescribed format alongwith Cheque/Demand Draft/ Pay Order with duly filled in Pay-in-Slip.
   2. The receiving officer (s) will acknowledge receipt of the Cheque/Demand Draft/ Pay Order and return the Applicant’s copy of the Pay-in-Slip. There will be no other acknowledgement for receipt of the Application Form or the Application Money paid.
      
      Cheque/Demand Draft/Pay Order shall have to be drawn in favour of “RDPL USSHAR COLLECTION ESCROW ACCOUNT”, payable at Kolkata for an amount of Rs 50,000/- (Rupees fifty thousand only) towards Application Money (Adjustable against Booking Money Part 1).
      
      Each Application Form and the Pay-in-Slip will have the same serial number which has to be quoted in all future correspondences.
7. Only one person is permitted to apply as a Joint Applicant along with the First Applicant, provided the Joint Applicant is member of the same family, which includes spouse, dependent parents and dependent children.
8. The duly filled in Application Form should be submitted at any of the specified locations listed below and also at the locations to be mentioned in advertisements from the launch date till 30 days from the launch date(both days inclusive (excluding holidays) from 11 AM to 4 PM.

   Sl.No.	Address
   1	Usshar Marketing Office at New Bata Road, Batanagar, Maheshtala, Kolkata
   2	Ambuja Neotia Marketing Office at Ecospace Business Park, Block 4B, Ground Floor, New Town, Kolkata- 700160
   3	Utalika Site Marketing Office at Mukundpur, Kolkata- 700099
   4	Mall Office at City Centre, Saltlake
   5	Mall Office at City Centre, New Town
   6	Mall Office at City Centre, Haldia
   7	Mall Office at City Centre, Siliguri

4. ALLOTMENT SCHEME/PROCEDURE

1. A Draw of Lots will be held within 30 (thirty) days from the last date of receipt of Applications. Applications not in compliance with the terms mentioned herein will be summarily rejected. The date of lottery, venue and time will be informed in due course of time to all eligible applicants either through e-mail ID given to us or through SMS on mobile number given to us. In view of the pandemic and to maintain adequate measures for safety etc, the Company is constrained to limit the number of Applicants intimated to be present on the occasion of the draw of lots. A maximum of 10 (ten) applicants per Group will be permitted. They will be selected at random from those expressing interest to be present. However, the entire event will be live webcast for which the details will be shared with all the applicants so that they can watch the process. External reputed agency would be invited to supervise the draw of lots process to maintain complete transparency.
2. Apartments in both Tower 1 & Tower 2 have been divided into Groups as per their Floor locations.

   2 (Two) BHK
   • Group A - 1st to 10th Floor
   • Group B - 11th to 20th Floor
   • Group C- 21st to 31st Floor

   3 (Three) BHK
   • Group D - 1st to 10th Floor
   • Group E - 11th to 20th Floor
   • Group F- 21st to 31st Floor

3. Applicants would put their floor range preference in the Application Form. Draw of lots would be held as per the order of preference of Group selected by the applicants in the Application form. Applicants would be allotted apartment as per the preference given by them subject to availability.
4. If any Applicant submits more than one Application and becomes successful in the Draw of Lots for more than one Apartment, he/ she will be allowed to retain all such apartments.
5. Allotment of Apartments will be made after receipt of full booking amount including booking money final within 30 days from the date of draw of lots. Allottee will be required to execute and register the Agreement For Sale of the allotted Apartment within 30 (thirty) days from the date of issue of Allotment Letter. Any delay will result into cancellation of allotment in accordance with the provisions of West Bengal Housing Industry Regulation Act, 2017 (the “ACT”) and the Rules made thereunder.
6. Each of the Application Form would be assigned a specific Serial Number. The cards bearing Serial Number of all applicants will be verified and placed in a drum (Application Drum) and mixed thoroughly.
7. There would be six more drums (Apartments Drums) containing cards bearing Apartment Numbers belonging to a particular Group.
8. The draw will be held by pulling at random, one card each from Application Drum and Apartments Drum. The particular Application Serial Number pulled from the 1st drum will be assigned a particular Apartment Number pulled from the 2nd drum of his/her first choice. If the first choice is not available of his/her first choice, one card will be pulled from second drum as per his second choice and process will continue till third drum. The applicant will be allotted the Apartment Number pulled from any one of the drums.
9. If the applicant has mentioned only one choice in the Application form , his/her application will entitle for one apartment number card to be pulled from one particular drum containing apartment numbers of that particular Group. Similarly if the applicant has mentioned two choices in the Application Form, his/her application will entitle to participate in two drums containing apartment numbers of two Groups. So, the applicant who has mentioned three choices in the Application Form, his/her application will entitle him/her to participate in three drums containing apartment numbers of all three groups in a particular order (subject to availability of apartments in respective Groups) as per his/her preference given in the Application Form.
10. The external agency will verify the list of successful applicants with Apartment numbers allotted to them.
11. Intimation Letter will be issued to every successful Applicant(s) with their Apartment numbers to be allotted indicated on the letter

5. WAITLISTED APPLICANTS

1. In the event of over subscription, out of the Applicants remaining unsuccessful in the Draw of Lots, a waiting list of the Applicants will be prepared through the same process of Draw of Lots.
2. The waiting list numbers shall be decided by the Company under respective Group.
3. Apartment will be offered to Waitlisted Applicants, in seriatim, in the event of rejection of/ withdrawal by successful Applicants.
4. The waiting list so prepared will remain valid for 45 (forty five) days from the date of the Draw of Lots.
5. Application Money of the waitlisted Applicants shall be returned, on demand (before 45 days of the draw of lots), with interest @ 4% per annum from the date of Draw of Lots till the date of receipt of such demand. Such refunds will be made within 15 (fifteen) days from the date of receipt of such demand.
   
   Those waitlisted applicants, who did not demand the Application Money, will be refunded their Application Money with interest @ 4% per annum from the date of Draw of Lots till the expiry of 45th day of Draw of Lots. Such refunds will be made within 15 (fifteen) days after the expiry of the 45th day from the date of Draw of Lots.
6. It is clarified that after the waitlist period of 45 (forty five) days and refund of the application money, the wait list applicants will not have any claim of any nature whatsoever and the Company will be at liberty to deal with any Apartment which comes to the Company due to withdrawal or cancellation of allotted Apartments by any of the allottees on such terms and in such manner as it deems fit.
7. However, the Company will have the right to keep applications for next towers/phases unless otherwise the applicants withdraw their applications. These applications will be allowed to participate in draw of lots for the subsequent towers/ phases at the same sale price of the current phase. This scheme will be valid for a maximum period of six months. No interest on the Application money will be paid to such applicants.

6. DOCUMENT CHECKLIST

For the convenience and reference of the Applicant, a check list is provided for the documents to be submitted during Application-

1. Filled in and signed Application Form with the Declaration.
2. Cheque/Demand Draft/ Pay Order alongwith duly filled Pay-in-Slip as may be applicable
3. Self attested photocopy of PAN card & Adhaar Card
4. Copy of MOA/Board Resolution in case of Other Entities
5. Documents submitted must carry Applicants Name, Contact Number and Application Number
6. Copy of a cancelled cheque (it should be of the first applicant only)

7. SCRUTINY, REJECTION AND REFUNDS

1. Any incomplete, incorrect and illegible, application shall be rejected summarily.
2. Multiple Application of same Serial Number will not be considered for the Draw of Lots and would be summarily rejected.
3. If full application money is not realized then forms would be rejected. He/she will not be eligible for participation in the draw of lots.
4. Application Money received from the Applicants, who are unsuccessful in the Draw of Lots will be refunded together with an interest @ 4% per annum calculated from the date following the last date of receipt of applications upto the date of Draw of Lots (both days inclusive). As may be decided by the Company, such refunds will be sent within 30 days from the date of the Draw of Lots, directly into the bank account number mentioned by the Applicant in their Application Form. Applicable TDS would be deducted on Interest amount.
5. However, the Company will have the right to keep applications for next towers/phases unless otherwise the applicants withdraw their applications. These applications will be allowed to participate in draw of lots for the subsequent towers/ phases at the same sale price of the current phase. This scheme will be valid for a maximum period of six months. No interest on the Application money will be paid to such applicants.

8. WITHDRAWAL OF APPLICATION / CANCELLATION OF ALLOTMENT

1. Before Draw of Lots
   Applicants may withdraw their application within 15 (fifteen) days from the last date of submission of Application Forms and may get full refund of the Application Money without any interest and without deduction of any service charge.
2. After Draw of Lots
   In case the successful applicant is not interested to keep the Apartment, he/she may withdraw his/her application within 7 (seven) days from the date of draw of lots. However, applicant(s) need to put the request in writing from his registered email id (given to us in the Application Form) to our official email id- usshar.customercare@ambujaneotia.com and request for refund of the application money without interest.
   In case of withdrawal of application, refund shall be made within 30 days from the last date of withdrawal of the application. It is further clarified that no claims for any damages shall be tenable in the event of withdrawal/cancellation of the Allotment on any grounds whatsoever. No Interest will be paid to such applicants.

9. PRICE & PAYMENT SCHEDULE

Price indicated in the Payment Schedule under both Down Payment Plan and Construction linked Installment Payment Plan is firm and non-escalable and must be paid within the time frame as indicated in the Price and Payment Schedule.

If an Allottee wants to shift from one payment plan to another, the Company may permit such change at its sole and absolute discretion, with such conditions as it may deem fit.

10. CAR / TWO WHEELER PARKING SPACES

The Company has provided Car parking spaces within the Complex as per the applicable building rules/guidelines.

The consideration amount for each parking space for granting the right to use the parking spaces is stated below.

Process of allotment of Parking Spaces:

• If the number of applications received for allotment of parking spaces is more than the number of parking spaces available, the allotment will be made through a process of Draw of Lots.
• Only the Applicants, who have been allotted Apartments and have also applied for parking spaces (car/two wheeler) will be entitled for Draw of Lots for this purpose.

Each allotted parking space will entitle the Allottee the right to park only one vehicle.

In case of transfer of Apartment, the right to use the parking space shall be automatically transferred along with the transfer of Apartment. The right to use the parking space under no circumstances is separately transferable.
Unallotted parking space(s), if any, shall continue to remain the property and in possession of the Company. The Company reserves the right to allot/ use such parking spaces on the terms and conditions as it may deem fit.

The parking spaces, if any, reserved for the visitors shall be handed over to the Owners Association of the Complex/Interim Maintenance Body/the Administrator, as the case may be.

11. RESULT

The date of lottery, venue and time will be informed in due course of time to all eligible applicants. Results will be available within next two working days in our website- USSHAR.com and a sheet would be available at our marketing office.

12. PAYMENT SCHEDULE

• Taxes As Applicable

13. OTHER CHARGES / DEPOSITS PAYABLE ARE MENTIONED BELOW

Other Charges / Deposits payable are mentioned below:-

• Taxes As Applicable