GENERAL TERMS AND CONDITIONS
For Commercial Units
Effective from 19/06/2024
- a. Any Indian Citizen/NRI/OCI who is not otherwise ineligible in law, may apply through online module of West Bengal Housing Board (WBHB) for a Commercial Unit. The Sole/ First applicant should be above the age of 18 years on the date of Advertisement.
- b. A sole proprietorship concern may also apply, if not otherwise ineligible.
- c. A Partnership Firm, validly constituted/formed in accordance with the Indian Partnership Act,1932 may also apply, if not otherwise ineligible.
- d. A Limited Liability Partnership Firm, validly constituted/formed under the Limited Liability Partnership Act,2008, may also apply, if not otherwise ineligible.
- e. A Company validly constituted/formed and incorporated in accordance with the Companies Act, 2013 may also apply, if not otherwise ineligible.
- f. Any Co-operative society duly formed and registered in accordance with the West Bengal Co-operative Societies Act, 2006, if not otherwise ineligible.
- g. Any other commercial entity validly constituted under the law of the land may apply, if not otherwise ineligible.
- a. Online Application has to be submitted in accordance with the application form available through online module.
- b. Any minor correction, if required to be made in online application, may be got effected through Admin only upon request in writing by the applicant prior to issue of allotment letter .
- c. Online Application in prescribed form along with application money to be paid at one go (not to be paid in parts) 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. All payments must be made ONLY in INR.
- d. Payment of Application Money from the Bank Account of any family Member is acceptable where family includes spouse, siblings, parent in case of application is made by son/ daughter and son/ daughter in case the applicant is parent but excludes any minor member. A scanned copy of cancelled cheque/ front page of Passbook (showing I.F.S.C/ SWIFT Code and M.I.C.R code and Bank Account No.& 1st Account holder’s name) along with documents of the applicant and other documents as required in application form are to be submitted by the applicant. Detail of bank account is to be provided in application form.
- e. The applicant(s) is/are required to remit all subsequent payments from her/his/it’s own Bank Account if found successful in lottery process.
- f. If application money is paid from any other bank account, apart from the accounts as mentioned in clause 2(d), the application shall be treated as CANCELLED.
- g. An applicant may apply for multiple units by submitting multiple applications.
- a. For Sole Proprietorship :
- Trade License
- PAN Card
- GSTRegistration (if applicable)
- b. For Partnership firm :
- Trade License
- Partnership Deed
- PAN Card
- GSTIN (if applicable)
- c. For Limited Liability Partnership firm
- Trade License
- Registration Certificate
- PAN Card
- GSTIN (if applicable)
- d. For a Company :
- Trade License
- Certificate of incorporation
- PAN Card
- GSTRegistration (if applicable)
- Memorandum of Association / Articles of Association
- e. For Co-operative society :
- Trade License (if applicable)
- Registration Certificate
- PAN Card
- GSTRegistration (if applicable)
- f. For any Indian Citizen / NRI / OCI :
- PAN Card
- Aadhaar Card
- Photo
- Passport for OCI / NRI and OCI Card for OCI.
- g. For Others :
- Trade License
- PAN Card
- GSTIN (if applicable)
- Note : In case of an Attorney makes an application, the “Power of Attorney” document authorizing the Attorney to act on behalf of the entity making application is required.
- Submission of copies of PAN CARD (self attested) for applicants issued by Income Tax Department is mandatory in all cases. If PAN CARD is not available, receipt of acknowledgement of application for PAN CARD submitted to the Income Tax Department is required. In case the applicant is successful in the draw of lots, applicant is 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 of the applicant as it appear in her/ his/ its PAN card 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 eligibility etc. as required in the Project Brochure, Concerned Advertisement and General Terms and Conditions (GTC).
- ■ 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 West Bengal Housing Board for verification by the applicant or her /his/ its authorized representative.
- a. Online Application in prescribed form along with application money to be paid at one go (not to be paid in parts) and 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. All payments must be made ONLY in INR. Payment of Application Money, including crediting of the same into the account of West Bengal Housing Board, must be completed before the closure of the Application Window.
- b. Online payment shall be paid by the applicant (upto 11:59 PM) on the closing date of Application as indicated in the relevant Advertisement/ GTC.
- c. Offline payment including crediting of the Application Money into West Bengal Housing Board bank account shall be completed within Seven (07) days (inclusive of Saturday, Sunday and other Holidays) from the closing date as indicated in the Advertisement provided that the challan has been generated before the closing date (upto 11:59 PM) of the Application Window.
- d. Every system generated challan for offiline payment will be valid till 07/12/2024.Therefore, an applicant choosing offline payment option shall make the payment before expiry date of the challan provided that the challan has been generated before the closing date (upto 11:59 PM) of the On-line Application window as indicated in the Advertisement.
- e. It may be noted that Challan Generation for Offline payment mode shall close on the closing date (11:59 PM) of the Application Window as indicated in the Advertisement.
- West Bengal Housing Board reserves the right to reject an application and refund the full application money if the applicant is found ineligible at the time of Verification (prior to lottery) of the originals of the uploaded documents, to apply for Commercial Units (CUs) of a particular category.
- Verifications will be held on the specific dates (at least) Fifteen (15) days after closure of the
Application Window. List of the dates for verification will be notified on the website of West Bengal
Housing Board. Inability to attend the specified date, shall be informed in writing to West Bengal
Housing Board immediately. If an applicant is unable to appear for the verifications, it shall lead to
the applicant being ineligible for the lottery.
The NRI and OCI applicants are requested to kindly get their documents authenticated by the Deputy High Commissioner/ Consul General of India, at their respective country of stay and send scanned copies of the same to West Bengal Housing Board, prior to the closure of date of verification. They are however required to produce the original documents prior to (execution of deed) issuance of Allotment letter..However if at the time of Verifications of their originals, it is found that they were as such ineligible to participate in the lottery, their application will be treated as cancelled, inspite of being successful in lottery. The Application money will be forfeited and allotment against their cancelled application will be made from Waiting List.
Only the applicants who successfully complete the verification process shall be declared eligible to participate in the lottery and the same will be notified in the website of West Bengal Housing Board. - 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 CUs (i.e. Commercial 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. In case of surrender of allotment after issue of allotment letter, 50% of application money plus other applicable charges will be charged as penalty. 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 PRIME LENDING RATE PLUS 2% P.A. OF STATE BANK OF INDIA on the date of advertisement. The Penal interest shall have to be paid within 30 days of payment of defaulted amount, failing which the allotment shall be liable to be cancelled without any further information to the allottee.
- In case of non-payment 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 :-
- a. To cancel the allotment after deduction of 50% 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.
- b. 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 GSTplus all other applicable Taxes upon the paid amount).
- All the refunds, other than that of Clause No. 2(f), 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 GSTetc. will be refunded.
- ■ Refund of NRI / OCI
- a. In case of refund to NRI/ OCI, the amount will be refunded in the form of outward
remittance. For this Beneficiary has to furnish the following details :
- 1. Beneficiary Name
- 2. Beneficiary Address
- 3. Beneficiary Account Number
- 4. Beneficiary Bank Name & Address
- 5. SWIFT Code.
- a. In case of refund to NRI/ OCI, the amount will be refunded in the form of outward
remittance. For this Beneficiary has to furnish the following details :
- In case of any failure to provide allotment of the CUs to successful allottees, the deposited amount shall be refunded to the account holder with a rate of interest, which shall be equal to PRIME LENDING RATE PLUS 2% P.A. OF STATE BANK OF INDIA on the date of advertisement
- The following Commercial Units shall be allotted by way of Draw of lots:
- ■ Westend Conclave shopping complex, Dankuni
- ■ Calcutta Green commercial complex
- ■ Prantikapan shopping complex, Thakurpukur
- ■ Ananya shopping complex, Asansol
- ■ Sarsuna market complex, Behala
- ■ Shopping Complex at Himalaya Residency, Siliguri
- ■ E.C.T.PPh IVcommercial complex
- ■ East Enclave commercial complex
- The date, venue and time and other details of lottery will be uploaded in the website of West Bengal Housing Board https://www.wbhousingboard.in/
- No prayer for change of allotted Unit, change of floor, location etc. shall be entertained after the lottery is completed. Verification of original documents shall be done prior to Lottery. Only the applicants who successfully complete the verifications, shall be eligible for participating in lottery.
- During lottery, if the numbers 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 (minimum being one and in case of fractions rounded up-to next whole number). 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 category 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 Commercial Units which may be under subscribed, the lottery will be conducted for selection of dwelling units and its location, in the order and as will be notified in the website.
- All Terms and Conditions, prices 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.
- Every applicant is encouraged to visit the commercial units in respect whereof he/she/it intends to
make application and satisfy himself / herself / itself as to propriety thereof in all respects before
making such application.
It shall clearly be borne in mind of every intending applicant that once the applicant makes an application for any commercial units, he/ she/ it shall be deemed to have visited and inspected the said Commercial Unit previously and shall also be deemed to have made the application only after satisfying himself / herself as to propriety thereof in all respects even if he / she has made the application without actually visiting and inspecting the commercial units.
It shall further be clearly borne in mind of every applicant that no plea as to any issue relating to impropriety of the commercial units in any manner whatsoever shall be entertained by this Board once he / she has made application therefore. - The number of vacant commercial units put to sale is tentative and is liable to change at any time before the closure of the application process.
- Dispute Redressal Mechanism:
- In case there arises any dispute as to-
- 1) Application for allotment / Allotment of any unit or
- 2) Refund of any money to any applicant / allottee or
- 3) Any demand of money or any interest there on,
The dispute shall be referred by the aggrieved party first to the Housing Commissioner (WBHB) for the redressal, who shall decided the dispute impartially within three (03) months. After hearing all the interested parties, shall communicate his / her decision to those parties within one (01) month thereafter.