TERMS & CONDITIONS FOR APPLICATION FOR  A  RESIDENTIAL UNIT

1. All the dwelling units/flats/plots/farm houses/Hostels etc mentioned herein shall be referred as “UNIT(s)”.
2. Submission of application is no guarantee of grant of society membership or allocation/allotment of any Residential Unit.
3. Conditional applications will not be considered. 
4. Submission of false/fabricated documents shall attract criminal proceedings.
5. 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.
6. 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.
7. While corresponding with SWO-INDIA, applicant is required to quote his Service Number number, scheme number, amount deposited, receipt number etc. as may be applicable.
8. Details of drawings and specifications or layout plan or any other information concerning the scheme will be provided to the applicants by post on their mailing address as and when legally cleared by the concerned departments.
9. The method of payment shall be intimated in the letter issued to all applicants.
10. No separate notice for payment of every installment shall be sent.
11. The residential unit shall be used only for residential purposes.
12. Allotment shall be governed by the State/Regional Town Planning and Development Authority and the rules framed therein and other allied instructions/policy decisions issued by the SWO-INDIA at a later date.
13. Residential Unit and parking spaces shall be offered on “as is where is” basis.
14. The price 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.

DELAYED PAYMENTS

1. 9% pa interest shall be levied on all delayed payments calculated on daily basis.

ALLOTMENT PROCEDURE

1. For Paid LDS Registrants: Confirmed allocation of residential unit will be given to applicants who have registered themselves in paid location demand survey (LDS) as per the seniority of receipt of their booking amount at Head Office of SWO-INDIA.
2. All paid LDS registrants will be informed to exercise their option either to seek provisional booking  or transfer their LDS registration to any other scheme which is likely to be opened or to withdraw their registration from the ibid scheme.
3. Booking Registration Number shall be issued to the applicants based on their actual seniority in that scheme after receipt of booking amount.
4. For residential units if the number of Applicants for booking exceeds the number of residential Units planned, the allocation will be done by a draw of lots. Late entrants will be charged equalization charges from the initial closing date, to bring them at par with original Members or Allottees.
5. For each type of Residential Scheme, a waiting list will be maintained. A member on the waiting list has an option to withdraw. As and when a residential unit is allocated to waitlisted members, he will be treated at par with original Allottee and hence charged with equalization charges with the payments.
6. Nomination: The member is to notify his nominee on the Booking Application Form.
7. Allocation Letter: After legal formalities for approvals and licenses have been  obtained  allocation of a Scheme is finalized, SWO-India will issue an Allocation Letter  indicating only the site location, type  of residential unit , size & tentative basic cost .The Allocation Letter will be  dispatched  on latest  address of the Allottee as held in our records.
8. The Allocation Letter may or may not not indicate details like block number, floor and number of residential Unit. In case of announcement of a scheme for apartments which are under construction or fully constructed, direct allotment letters will be issued giving complete details.
9. Allotment Letters: Allotment letters will be issued only after commencement of the development work at the site.
10. Joint Registration: Registrant of a scheme is to include the name of spouse and, if desired, son or daughter or any of the dependent parent as joint Registrants in addition. The provision has been made to widen the scope of housing loan but Organization will interact only with the original Member.
11. Mutual Exchange of Units: Mutual exchange of residential apartments or plots or parking spaces may be permitted within the Scheme, on written request from the allottees. It may be noted that mutual exchange would be permitted only prior to taking over the physical possession of one’s residential apartments/plots or parking space. Such transfer will, however, be subject to Transfer of Property Act and State Laws, Organization's Transfer Fee as applicable and any other payment /dues or overhead charges as accruable.
12. 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 the Organization 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.

ALLOTMENT OF SPECIFIC UNIT

1. The allotment of block, floor and specific unit will be made by a public draw of lots at the specified location either immediately after closing of the scheme or towards the end of the project as the case may be. All applicants are permitted to attend the conduct of draw of lots. The results will be intimated to each member/applicant by Post and would also be updated on SWO-INDIA website.
2. Allotments of a specific flat/ floor/plot /FH/Hostel etc, as a result of the draw, shall be final and no requests for change shall be entertained.
3. In case of “first come first served schemes” the allotment of units will be made as per the seniority of receipt of booking application forms at the Head Office of SWO-INDIA .
4. No separate request for any preferred location of plots will be entertained, however, additional cost for preferred location plots, if allotted in order of seniority, will be charged as specified on project to project basis:

REFUND/WITHDRAWAL FROM A SCHEME/PROJECT

1. If an applicant wishes to withdraw from a scheme, he should submit a written request to the SWO-India, along with the following documents:-
2. Refund Form duly filled up and duly signed by the applicant.
3. Letter of allocation/allotment of unit in original (if issued).
4. Original receipt(s) issued by SWO-India office against the payment(s) made by the beneficiary.
5. Pre-receipt of refundable amount.
6. Cancellation Charges as applicable on payable amount (Installment + Interest, if any) on date of receipt of request for Refund at the Head Office shall be deducted.
7. No interest will be paid by SWO-India in case of Refund from the scheme at any stage and all refunds will be made on 30th day of every month.

HANDING OVER
The units and parking spaces  will be offered on ‘as-is-where-is’ basis as allotted after the 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. The allotment of a member/applicant, who fails to take possession of the units within three months after expiry of the notice period, shall be liable to be cancelled by the SWO-India.
2. The member/applicant, who takes possession late 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 member before the residential unit is taken over, his/her spouse or dependent children, whoever has been shown as the nominee in the Booking Application Form, will be eligible to continue in the Scheme and to avail of the benefits under the Scheme.

TRANSFER OF PROPERTY

1. The members will not be permitted to dispose off 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 plot/dwelling unit by the SWO-India or builder in favour of the applicant.
2. 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.’
3. Procurement of NOC from SWO-INDIA is mandatory to sale/transfer/gift of the subject residential unit.

POSSESSION AND OWNERSHIP

1. Possession of plot shall be handed over to the allottee after completion of development works at site in a maximum period of 3 yrs from the date of announcement of the scheme. 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.
2. 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.
3. The member/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. The members will be given a notice of three months to take over the allotted unit, provided he/she has completed all formalities, paid all the dues and obtained a Clearance Certificate from the 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 installment 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 allotment/allocation of the unit without any notice.

CHANGE OF ADDRESS
All members/registrants are required to intimate the change in the correspondence/permanent home address to SWO-India by post/e-mail.

ADDITIONAL TERMS & CONDITIONS:

1. Additional Terms & Conditions as declared from time to time on specific project basis shall be binding on all members/ applicants.
2. Society Membership and subsequent Booking for any residential unit in any scheme is a privilege for declared beneficiaries of SWO-India. This privilege may not be misinterpreted as a right by the soldiers’ community.
3. Processing Fee is Non-Refundable under all conditions.
4. Paid LDS applicants for any scheme will be entitled for discount/incentive only if he applies for booking of a residential unit and payment made before the declared closing date.
5. The complete LDS Fee (Rs 7000/-) shall be forfeited in case the applicant is not applying for booking of a residential unit and who  does not send the Withdrawal/LDS Transfer Form within 90 days of declared last date of closing of the scheme.
6. No Preferred location. Plots will be allocated on “first come first served basis” as per Seniority of receipt of Booking Application Form at the Head Office of SWO-INDIA.
7. 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.
8. In case of fully paid plot, the enhancement of price due to any or all the above reasons, shall be paid within 60 days without payment of any interest of such demand or in 3 equal six monthly installments along with an interest @10% p.a. All rules and regulations of SWO-INDIA shall be applicable.
9. Plot/flat areas/sizes mentioned on the website are indicative, actual plot area may vary in size.
10. SWO-INDIA shall have full rights to change or alter the plan/specification without assigning any reasons.
11. The plot/flat is to be used purely for residential purpose only.
12. Cost of ECC/ VAT/ST/stamp duty / registration cost/any other Govt dues or taxes etc shall be borne by the applicant.
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. Delay in payment of any installment for more than 90 days may result in automatic cancellation of allocation of plot/ flat without any notice.
16. 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.
17. 9 % pa interest shall be levied on all delayed payments.
18. Processing Fee is NON-Refundable under all conditions of refund or withdrawal.
19. 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 1st Installment.
20. Cancellation Charges would also be applicable even on the outstanding installments due /occurring on the date of receipt of request letter /application for refund.
21.  All refunds will be made only after a new buyer has made his payments against the surrendered plot/flat.
22. Transfer of plot/flat is permissible only after taking over proper permission and NOC from SWO-INDIA. Transfer fee of Rs 50/-per sq yd shall be charged from both transferor/seller and transferee/buyer.
23. Allocation/allotment of plot/flat is subject to cancellation at the discretion of the management if the residential unit is disposed off/ sold out or transferred by the allottee without obtaining “No Objection Certificate” from SWO-INDIA.
24. Incomplete Application Form or without supporting documents is liable to be rejected.
25. Declarations made on the Undertaking (Affidavit) are mandatory for submission by the applicant.
26. In the welfare interest of our beneficiaries SWO-INDIA will act as a coordinating and facilitating agency between the developer and the beneficiaries till completion of the project.
27. 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 deposits.
28. The schedule of possession is likely and may delay due to any unavoidable circumstances.
29. SWO-INDIA is a NO PROFIT/NO LOSS organization; hence increase/decrease in rates due to various unforeseen reasons during the stage of construction/development cannot be ruled out and shall be shared/ distributed equally by/to all applicants.
30. SWO-India hereby alerts and warns its members of the possibility of unauthorized posting of contents by any person including members and unauthorized users and advises discretion in access since such content, information or representation may not be suitable to you including being offensive. SWO-India will not in any way be responsible for such content, information or representations. SWO-India is also not responsible for alterations, modifications, deletion, reproduction, sale, transmission or any such misuse of data and content of these terms and conditions.
31. SWO-India in the interest of its members/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 Administration, 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 the organization shall be instituted in the appropriate court in Delhi notwithstanding the location of the property, which may be the subject matter of dispute