GENERAL TERMS AND CONDITIONS
(Effective From 17/02/2021)
WHO CAN APPLY
- Any Indian Citizen /NRI/ OCI who is not otherwise ineligible by operation of any law of the land, may apply through online module of West Bengal Housing Board (WBHB) for a dwelling unit along with car parking space.
- Joint application may be made by the applicants with member of her/ his family. Family includes husband, wife, minor son, minor daughter and unmarried daughter wholly dependent on the head of the family. Joint application of upto two individuals is permitted, for individuals belonging to the same family.
- If the applicant or any member of her/ his family has already got an allotment of dwelling unit or residential plot at any project of WBHB under LIG/ MIG categories, she/ he or any member of her/ his family shall not be eligible to apply further for any dwelling unit in this Housing Project of WBHB.
- Income eligibility is guided by the prevalent policy of the Govt. and as detailed in the Project Brochure and in the concerned Advertisement.
HOW TO APPLY
Online applications shall have to be accompanied by necessary income certificate:
- Online Application has to be submitted in accordance with the application form available through online module.
- Any minor correction, if required to be corrected in online application, may get corrected through Admin only upon request in writing of the applicant prior to issue of allotment letter.
- An individual is allowed to make only one application in each Standard Built-Up Area (1593 Sqft. and 1559 Sqft.). Separate lotteries will be held in separate Standard Built-up Area of flats (one for 1593 sqft. and one for 1559 sqft.).
- If any individual applicant or any member of her/ his family submits 2 applications in different Standard Built-Up Area (i.e. one application in 1593 Sqft. and one application in 1559 Sqft.) for allotment of dwelling units through lottery and becomes successful in lottery, then she /he will not be allowed to participate in the lottery for her/ his other applications. Becoming successful in one lottery, shall automatically cancel all other applications of the same person/ family member of that person. Application money in respect of the other application by the same person shall be refunded.
- Online Application in prescribed form along with application money have to be deposited in favour of West Bengal Housing Board through online payment or as per provision indicated in the concerned advertisement/ project brochure/ website of WBHB.
The applicant(s) is/are required to remit the application money and all subsequent payments from her/ his own Bank Account of which she / he is the First Holder and in case of Joint applications, the first applicant is required to be the first holder of such Bank Account.
A scanned copy of cancelled cheque (showing I.F.S.C and M.I.C.R code and Bank Account No.) along with documents of the sole/ first applicant and other documents as required in application form are to be submitted by the applicant(s). Detail of bank a/c is to be provided in application form.
- FAMILY INCOME CRITERIA
- For HIG Monthly family Income Rs 80001 and above.
For salaried persons :
a) Copy of Pay Slip for the month prior to the month of advertisement and previous 12 months’ Salary Certificate or the Salary Certificate of the number of months in-service (whichever is less), duly stamped and signed by the authorised official of the Employer.
Form – 16 generated from TRACES for last Financial Year duly stamped and signed by the authorised official of the Employer.
b) Acknowledgement and Copy of Income Tax Return duly filed for the Previous Financial Year. The Gross Total Income as per the Return shall be considered as the Annual Income (except for people who have joined service for less than 12 months from the Date of Advertisement).
For Self Employed Persons :
Last 3 years’ Acknowledgement and Copy of Income Tax Return duly filed for the Previous Financial Year. The Gross Total Income as per the Return shall be considered as the Annual Income.
a) Acknowledgement and Copy of Income Tax Return duly filed for the Previous Financial Year. The Gross Total Income as per the Return shall be considered as the Annual Income.
b) Copy of Pension Book / Bank Pension Statement / Pension Certificate in Original, duly stamped and signed by the Authorised Official of the Bank or Pension Disbursing Authority showing evidence of Receipt of Pension prior to the month of the month of advertisement.
Acknowledgement and Copy of Income Tax Return duly filed for the Previous Financial Year. The gross total income as per return before any allowable deductions shall be considered as annual income.
PAN (Permanent Account Number) CARD : -
Submission of copies of PAN CARD (self attested) for sole/ joint applicants issued by Income Tax Department is mandatory in all cases. If PAN CARD is not available, receipt of acknowledgement of application submitted to the Income Tax Department for obtaining PAN card is required. In case the applicant/ applicants is/ are successful in the draw of lots, applicant/ applicants is/are required to furnish the PAN details within 30 days from the date of draw of lots, failing which the application is liable to be rejected.
Spelling of name/s of the applicant/ applicants as it appears/ appear in his/her/ their PAN card/s shall only be considered as valid towards property creation and all office work.
• The WBHB reserves the right for further verification/ enquiry of the documentary evidences in support of such income etc. as required in the Project Brochure, Concerned Advertisement.
• The application shall be accompanied with a self-declaration showing the particulars of the applicant’s family members by means of name, relationship and monthly income etc.
• In the event of any information so provided being found false/ incorrect, the application shall be cancelled after giving an opportunity of hearing to substantiate the claim or information. In case of failure, the deposited amount will be forfeited and the application shall stand cancelled.
• The Board may verify, at any time, the originals of the uploaded documents, or any other document, as it may deem fit, which shall be presented before the Board, for verification by the applicant or her /his/ their authorized representative.
REJECTION OF APPLICATION AND PROVISIONS FOR REFUND
- Any online application, where it is found that wrong or false information has been uploaded and material fact is suppressed, in that case, application shall be rejected and no refund of application money shall be allowed.
- In case of these DUs (hereinafter stands for Dwelling Units), which are on sale, all withdrawals of application upto fifteen days prior to Date of Lottery shall be charged @25% of the Application Money plus other applicable charges, if any. Any withdrawal of application on and from fourteen days prior to the Date of Lottery and till the issue of Allotment letter shall be charged @30% of the Application Money plus other applicable charges, if any. Date of Lottery will be notified in WBHB website at least 30 days beforehand.
- The allottee will have to deposit the demanded amount of allotment money/ balance price/ other charges against the allotted unit as per payment schedule in the Brochure/ Allotment Letter.
- In the event of failure of the allottee to deposit the demanded amount against the allotted unit according to the time-frame as specified in the Payment Schedule/ Project Brochure/ Allotment Letter/ Concerned Advertisement/ GTC, an interest on the demanded amount for the delayed period up to 30 days from the last date of payment specified in the payment schedule is to be paid by the allottee, the rate of which shall be equal to State Bank of India’s Marginal Cost of Funds Based Lending Rate, plus two percent.
- In case of nonpayment of the demanded amount as laid down in the Payment Schedule/ Project Brochure/ Allotment Letter/ Concerned Advertisement/ GTC and if such period of delay exceeds 30 days from the last date of Payment specified in the Payment Schedule, the WBHB shall have the following rights :-
- To cancel the allotment after deduction of 30% of application money plus applicable GST and other Taxes, if the allottee expresses her/ his inability in writing to deposit the demanded amount within 30 days from the last date of Payment specified in the Payment Schedule.
- To cancel the allotment and FORFEIT the entire application money if the allottee does not respond within the stipulated 30 days period.
- If the allottee surrenders the allotment of the allotted unit in writing even after making payment of demanded amount, in that case, refund will be made after deduction of 50% of the Application Money plus applicable GST plus all other applicable Taxes upon the paid amount.
- All the refund will be made through the applicant’s bank account only as mentioned by the applicant in online application.
No Statutory Payments on account of TDS and GST etc will be refunded.
PROCESS OF ALLOTMENT
- Allotment shall be made by way of lottery.
- Separate lotteries will be held in separate Standard Built-up Area of flats (one for 1593 sqft. and one for 1559 sqft.).
- Lottery for flats with Standard Built-up Area 1593 Sqft. shall be held first in the following order :
(This clause shall be effective in case of under-subscription). In case of over-subscription, lottery for all 16 flats of the above 4 projects shall be held at one go.
- Lottery for flats with Standard Built-up Area 1559 Sqft. shall be held thereafter in the following order:
(This clause shall be effective in case of under-subscription). In case of over-subscription, lottery for all 20 flats of the above 5 projects shall be held at one go.
- A) In case of flats with Standard Built up Area 1593 sqft:
• If the number of applicants is 16 or more, one lottery shall be held for flats of all the 4 H.Ps , together.
• If the number of applicants ranges between 12 to 15, one lottery shall be held for flats of 3 H.Ps together ( Poojarinee, Anjali, Bnashee).
• If the number of applicants ranges between 8 to 11, one lottery shall be held for flats of 2 H.Ps together ( Poojarinee, Anjali).
• If the number of applicants ranges between 4 to 7, one lottery shall be held for flats of only 1 H.P.( Poojarinee).
B) In case of flats with Standard Built up Area 1559 sqft:
• If the number of applicants is 20 or more, one lottery shall be held for flats of all the 5H.Ps , together.
• If the number of applicants ranges between 16 to 19, one lottery shall be held for flats of 4 H.Ps together ( Krishnakali, Shankho, Mukti, Manashee).
• If the number of applicants ranges between 12 to 15, one lottery shall be held for flats of 3 H.Ps together (Krishnakali, Shankho, Mukti).
• If the number of applicants ranges between 8 to 11, one lottery shall be held for flats of only 2 H.Ps ( Krishnakali, Shankho).
• If the number of applicants ranges between 4 to 7, one lottery shall be held for flats of only 1 H.P.( Krishnakali).
- No separate lottery will be held for Car Parking Spaces as CPS No. will be tagged with the Flat Numbers.
- No prayer for change of allotted Unit, change of floor, location etc. shall be entertained after the lottery is completed. Being successful in the draw of lots shall not ensure provisional Allotment letter of DUs along with CPS. Verification of original documents shall be done after Lottery, to bring down the number of applicants for whom verifications are required in conformity with social distancing guidelines prevalent in the existing pandemic situation. Provisional allotment letter shall be issued, only after successful verification. Merely emerging successful in the Lottery shall not ensure claim to Provisional Allotment Letter.
- During lottery, if the number of applicants are more than the number of units available for allotment, a waiting list from the unsuccessful applicants shall be prepared in the same lottery. Number of applicants in the waiting list shall be 50% of the total number of units available in the type for allotment. Units which may fall vacant subsequently due to withdrawal or cancellation of allotment shall be allotted serially to the applicants from the waiting list for the same type, on the same terms and conditions as laid down in the Project Brochure/ GTC/ Concerned Advertisement and corrigendum thereupon. If multiple vacancies of the same Standard Built Up Area crop up in one day then there will be a lottery for selection of the units. The waiting list so prepared will remain valid for 12 months from the date of lottery and application money would be kept with WBHB for the period of 12 months. No interest will be allowed for this period. For the applicants who do not desire to remain in the waiting list, their amount of application money will be refunded on their written request without any interest and without any deduction.
For the type of Standard Built Up Area which may be undersubscribed, the lottery will be conducted for selection of dwelling units and its location, in the order as mentioned in clause nos. 20, 21 and 22.
- All Terms and Conditions, price etc. are pertinent only to the current advertisement Neither any subsequent advertisement nor any previous advertisement indicating any change in Terms and Conditions shall have any association with this GTC.
TRANSFER OF DWELLING UNITS, CPS & COMMON AREAS & FACILITIES (CAF) ETC.
- Once the deed of transfer is registered in favour of the allottee and after getting lawful right over the allotted unit, the allottee will be liable to pay taxes, maintenance charges, levies and imposition etc. as and when the same becomes due and payable to the appropriate authority. WBHB will not bear the responsibility for such payments from the date of registration of DU.
The allottees of each Housing Project shall have to form the Apartment Owners’ Association, under the West Bengal Apartment Ownership Act, 1972 for each of the Nine (09) projects separately and West Bengal Housing Board shall handover the Common Areas and Facilities to each of the Apartment Owners’ Association to maintain the same.
To take over the CAF from West Bengal Housing Board, the flat owners of each Housing Project shall take initiative for :
- Formation of the Apartment Owners’ Association, under a specific name and style for the concerned Project.
- Formation of an Ad-hoc body of Board Managers/ Manager.
- The preparation of required Form (E), under the West Bengal Apartment Ownership Act, 1972 shall be made.
- The allottees of each Housing Project shall have to form the Apartment Owners’ Association on their own within 12 months from the date of the first possession taken by any of the allottees and if they fail to do so the WBHB shall withdraw the maintenance of the Project on expiry of the said 12 months.
- Preparation of required Form under West Bengal Apartment Ownership Act shall be made.
- The WBHB shall maintain the common areas and facilities till the handover of the same to the Managers or upto twelve months from the date of first possession of any of the allottees, whichever is earlier, and for such maintenance, the West Bengal Housing Board shall levy a charge (inclusive of GST) at the rate which will be determined by WBHB and will be notified in the concerned Allotment Letter.
- In case where the possession of flat is handed over to the allottees prior to formation of Association and prior to handing over the CAF, the concerned allottee shall be liable to pay the maintenance charges to WBHB and ground Tax, municipal or other local taxes, if any as may be levied by the concerned authority through WBHB until handing over the Common Areas and Facilities to the respective Registered Body.
- In case of earlier handing over of CAF to the registered body (before the expiry of above 12 months), the proportionate amount of maintenance paid as advance will be refunded to the allottee.
After completion of construction of the project, the WBHB shall, as sole owner, provide the details of the project property comprising of the land, the building(s) and the common areas and facilities as per the provisions of the West Bengal Apartment Ownership Act, 1972 in Form[A] to the proposed Association as per WBAO Act, 1972, formed by the Allottees for onward submission of the same to the Appropriate Authority for Registration.
CONDITIONS FOR AMENDMENTS/ CHANGES
- The WBHB however reserves the rights to modify, amend, rectify or change any of the existing terms and conditions of this GTC. Such modification /amendment /rectification or change will be communicated in writing/ published in the website of the WBHB. If any allottee does not agree with such modification/amendment or change, she/he has to communicate such disagreement in writing to the Board. In that case, her/his full deposited amount will be refunded to her/him with simple saving Bank interest prevailing at the time.
Any word used as masculine gender shall also include the feminine gender and any word used as singular number shall also include the plural number, wherever applicable
PROHIBITION OF EXTENSION/ CHANGE OF THE FLAT/ HOUSE/ STRUCTURE/ OPEN SPACE AS PER APPPROVED/SANCTIONED PLAN.
Any kind of extension/ change of the approved building/ structure of the Flat/ House or Open Space is strictly prohibited and no allottee individually or collectively will be permitted to make any extension or change thereof.