Zone No. Valuation Rate Rs. /- per Sq.Mtrs. Carpet area _Sq.Mtrs. _ Sq.Mtrs. Parking area Gol,t, Valuation : Rs. Consideration : Rs. Stamp Duty : Rs. Resist.ation Fee : Rs. Shree I AGREEMENT FOR SALE THIS AGREEMENT FOR SALE is made and executed at Dhule on this the _ day ofthe month _ in the Christian Year Two Thousand and Seventeen (2017). BETWEEN Mr.Pundalik Gokul Sutar Age- 58, Occu. Builders & Developer Pan - ACHPS 7266 M R/o, 13, Gokul, Vallabh Nagar, Near Dasera Maidam, Malegaon Road Dhule AND 1l Mr. Age- , Occu. Pan - 2l Mrs. Age- _, Occu. Pan R/o. Hereinafter referred to as "THE ALLOTTEE/S" (Which expression shall unless it be repugnant to the context or meaning thereof, always mean and include his/her/their legal heirs, successor-in-interest, exeautors, adminiskato6, assigns for the time being in force, etc.) ofthe OTHER PART. l2l WHEREAS by a Conveyance D eed, dated, 1l/O2l2\l5 and executed betwdsn Srnt Bastibai Pratapchand Chaudhari, Mr. Pundalik Gokul Sutar (hereinafter Lifetred to as "the Vendor") and the Promoter of the Other part, the Vendfir sold absolutely to the Promoter an immovable property being piece or pErcel of freehold non-agricultural Plot bearing Plot No. 1+2 admeasuring 921.40 $q.Mtrs. (CTS No 95E8) out of Survey No. 488/2/4 out of it, situate, lying and Village Dhule Taluka & District Dhule, within the limits of Dhule pal Corporation and also within Registration and Sub-Regisftation Distd which is more particularly described in the First Schedule hereunder wri,tten (hereinafter referred to as "the project land". AND WHEREAS the proj€ct land is out of final layout, which has been faqally approved by the Assistant Director, Town Planning, Dhule Mrhioipal Corporation, Dhule vide letter Outward No./Town planning Department/ Dt. _. And also converted into nonagriculture use by The CoLl,ector of Dhule vide his Order No. B,4(akshal/Binsheti lKavtl 213lt4 Drd.04/0p/2014. under the provisions of Sec. 44 of Maharashtra Land Reyenue Code, 1i966 & rules framed there unden . AND WHEREAS the Promoter is/are entitled and enjoined upon to cinstruct building/s on the project land in accordance with the recitals hereinabove; AND WHEREAS the Promoter is in possession ofthe project land; .. . l AND WHEREAS the Promoter has proposed to construct on the project land one building having allotted parking on Ground Floor, lirst to fourth floor having 23 Flats and 4 Shops total FIat and shops 27 Units proposed on the said.0roject laud by consuming additional "Transfer of Development fughts,,, ,,paid FSI'l'or FSI available as incentive FSI, and if the same are not available, then by consuming FSI of PIot No. 1+2 admeasuring 921.00 Sq.Mtrs. of Sunidy trlo, 488/2/4 o\t of it of Village Dhule, Tal. & Dist. Dhule which is olrned & possessed by the Promoter. AND WHEREAS the Allottee/s is_offered a Residential FlaVApartment Snalipg Number on the _floor (hereinafter referred to as ,llNe laid Apartment") in the building called as ,.GOKUL ApARTMENT', (hereitr arter refened to as "the said Building") being construct"d o, th" said p-j"ct land. by the Promoter; t3l AND WHEREAS the Promoter has entered into a Standard Agreement with ar Architect Mrs. Shilpa Tated who is registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architects; AND WHEREAS the Promoter has registered the said Project under the provisions of Section 3 of the Real Estate (Regulation ard Development) Act, 2016 (hereafter referred to as "the said Act',) with the Real Estate Regulatory Authodty at _ having its Registration No. : authenticated copy ofsuch Registration Certificate is attached in Annexure .Ir,; AND WHEREAS the Promoter has appointed a Structural Engine Mr. yoeesh Deore for the preparation of the structural design and dra*ings of the buildings ard the Promoter accepts the professional supervision of the Architect and the Stluctural Engineer till the completion ofthe building; AND WHEREAS by virtue ofthe Sale Deed the promoter has sole and exclusive right to sell the Apartments in the said building/s to be constructed by the Promoter orl the project land and to enter into Agreemenrs with the Allottee(s) of the Apadments, to receive the sale consideration in respect thereof; AND WHEREAS on demand from the Allottee/s, the promoter has siven inspection to the Allottee/s ofall the documents oftitle relating to the project-land and the plans, designs and specifications prepared by the promoter,i Architects Mrs. Shilpa Tated and of such other documents as are specified under the Real Estate (Regulation and Development) Act, 2016 (hereinafter refened to .,the -hs said Act") and the Rules and Regulations made thereunder; AND WHEREAS the authenticated copies of Certificate of Title issued by the Advocate of the Promoter, authenticated copies of property Card or extract of Village Forms VI and VII and XII or any other releyant revenue record showins the nature of the title ofthe Promoter to the project land on which the Apartmenti are constructed or are to be constructed have been anlexed hereto and marked as Annexure "A" and "B"- respec[ively: AND WHEREAS the authenticared copies of the plans ofthe Layout as approved by the concerned Local Authodty vide letter No. l;tter Outward No./Town Planning DepartmenU Final/)_ Dt. have been annexed hereto and marked as Annexrre ..C- l : t41 AND Vr'HEREAS the authenticated copies of the Non-Agdculture Pedhis$ion gmnted by the concerned Local Authority vide Order No" No, E,&akshal,tsit sheti /Kav'tl2E3/14 Dtd 04/08/2014, have been annexed heloto dnd marked as Annexure "C-2": AND WHEREAS the authenticated copies ofthe plans of the Layout as piDposed by the Promoter and according to which the construction of the building aqd open ,pr"", *" proposed to be pr-wlaeo for on the said project have been fo,oe1ed hereto and marked as Annexure "C-3"; AND WHEREAS the authenticated copies of the plans and specifications of the Apaftment agreed to be purchased by the Allottee/s, as sanctioned and approved by the locat authodty i.e. Dhule Municipal Corporation' Nashift. vide Commencement Certificate No. 1013 Date 1510312013 have been annexed hereto and marked as Annexure "D"; AND WHEREAS the Promoter proposes to procure / make available additional FAR by way of purchase of "Transfer of Development Rights", "Paid FSI", or FSI available as incentiYe FSI by implementing various Schemes as mentioned in the Development Control Regulations or based on expectation of increac€d FSI which may be available in future on modification to the existing Develo.;)m9nt Controt Regulations, which are applicable to the said Project and to consu{-W' 8uch additional FAR (FSI) by constucting sanctioned and additional floor' AND WHEREAS the Promoter has got some of the approvals from the concemed local authority(s) of the plans, the specifications, elevations, sections and of the said building/s and shall obtain the balance approvals from various audrorities from time to time, so as to obtain Building Completion Certificate or Ocoup4Ny Cedificate oflhe said Building: AND WHEREAS while sanctioning the said building plans the Dhule Munioipal Corporation, Dhule and/or Govemment has laid down certain terms. conditions, stipulations and restdctions which are to be observed and performed by thc Promoter while developing the said project land and the said project and u$ton due observance and performance of which only the Completion of Occupancy Certihcate in respect of the said project shall be granted by the Dhule Muniqipal Corporation, Dhule; I tsl AND WHEREAS the Promotq has accordingly commenced construction of the said building in accordance with the said sanctioned plans and subsequent revisions thereof; AND WHEREAS the Promoter has obta ined a project loan of Rs. Nil /- (Burees Nil Only) on the said project for construction of said building from . The Promoter is liable to pay the said project loar with interest and obtain No Dues Certificate from the said bank after repayment ofentire project loan. AND WHEREAS the Allottee/s has applied to the promoter for allotment of the Residential FlaVApartment No. _ on Floor, situated in the said building being construction on the said project; AND WHEREAS the carpet area of the said Residential Flat/Apartment is square meters and ,,carpet area,' means the net usable floor area of an apartment, excluding the area covered by the extemal walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the Allottee/s or verandah area and exclusiye open 6[ace area appurtenart to the said Apartment for exclusive use of the Allottee/s, but includes the area covered by the intemal partition walls ofthe Apartment; AND WHEREAS the pMies relying on the confirmations, representations and assurances of each other to faithfully abide by all the termi, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; AND WHEREAS pdor to the execution of these presents the Allottee/s has paid to the Promoter a sum of Rs. (Rupees .-- Only r. being paft pa),ment of the sale consideration ofthe Residential Fla/Apartment agreed to be sold by the Promoter to the Allottee/s as advance paymeflt or Application Fee (the payment and receipt whereof the promotei toth hereby admit and acknowledge) and the Allottee/s has agreed to pay to the promoter;he balance of the sale consideration irt the manner hereinafteiappearing; AND WHEREAS the Promoter has registered the project under the provisions of the Real Estate (Regulation & Development) act, iOt6 with the Real Estate Regulatory Authority at _ having its Registration No. t6l AND WHEREAS under Section 13 ofthe said Aot, the Promoter is required to execute a written Agreement for Sale of said Residential FlarApartment with the Allottee, being in fact these presents and also to register said Agr€ement uqder the Registration i.ct, 1908, and the Allottee/s has agreed to get registersd this Agreement for Sale with his/their own cost; In accordaace with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agress to sell and the eilottee/s hereby agrees to purchase the said Reslide6ial Flat/Apaxtment and the gaxage/coYered parking (if applicable). NOW, THEREFORE THIS AGREEMENT WITNESSETH AND IT IS IIEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1) The Promoter shall construct the said building/s consisting of Groutad, rand Four upper floors on the project land in accordance with the plans, designs ard specifications as approved by the concemed local authority from time to time. Provided that thc Promoter shall have to obtain pdor aonsent in wrriting of the Allottee/s in respect of variations or modifications whioh rnay adversely affect the said Residential Flat/Apartment of the Allbttee/s except any alteration or addition required by any Govemment authorities or due to ihange in law. l(a) (i) The Altottee/s hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee/s the Residential Flat/Apanment No.- admeasuring carpet area square meters on Floor in the building known as "Home Paradige" (hereinafter referred to as "the Apartment") as shown in the FIoST;pl?in ihereof hereto annexed and marked Annexures C-l and - C-2 fqr trhe consideration of Rs. including Rs. being the proportionate pdce of the common areas and facilities appMenant to the iremises, the nature, extent and description of the common areas and iacitities which are more particularly described in the Second Sg[reflplc annexed herewith. (The price ofthe Aparlment includirg the propontio$ate price of the common areas and facilities and parking spaces shopf{,hq shown separately) l7 I (ii) The Allottee/s hereby agrees to acquire from the promoter and the Promoter hereby agrees to grant to the Allottee/s the exclusive right ofuser ofthe _ Oper/Covered Car Parking Space. The Allottee/i shall not rcise any dispute in the futue about suitability ofthe said parking space as constructed by the Promoter. (iii) The Carpet area of the said Residential Flat/Apartment is square meters i. e. appunenant to lhe net usable area of an apanmenf. exclusive area use ofthe open terrace area is appurtenant to the net usable area of -- balcony square meters and square meters exclusive use for allottee/s, enclosed to the bedroom, living ioo. o. ,ny other room as per sanctioned plan and the calculated under Sec. 2(k) ofthe said Act and yide Circular No. 4/2017 date l4/06/2olj, the copy of sanctioned plan ofsuch area annexed herewith. (iv) The Open Car parking, if any, shall be allotted by the legal entity of the Alloflee,s as and when formed. 1(b) The total aggregate consideration amount for the said Residential FlarApartment including open/covered parking spaces is thus Rs. /- (Rupees only). 1(c) The Allottee/s has paid on or before execution of this Agreement a sum of Rs. (Rupees only) (not exceeding l0% of the total consideration) as advance payment or application fee and hereby agrees to pay to that Promoter the balance amount ofRs. _ (Rupees only) in the following manner: i) Amount of Rs. (Rupees only) (not exceeding 30% of the total consideration) to be paid to the Promoter after the execution of Agreement. ii) Amount of Rs. (Rupees only) (not exceeding 45%o of the total consideratior) to be paid to the Promoter on completion of lhe Plinrh ol the building in which the said Residential Flat/Apartment is located. iii) Amount of Rs. (Rupees only) (not exceeding 70yo of the total consideration) to be paid to the Promoter on completion of slabs o[ rhe building in which the said Residential Flat/Apartment is located. iv) Amount of Rs. (Rupees only) (not exceeding 7 syo of the total consideration) to U" pura to the Promoter on completion of the walls, intemal plaster, flooringi, doors and windows of the said Residential FlaVApartment. t81 v) Amount of Rs. (Rupees onty) (trot exceeding 80% of the total consideration) to be paid to the Promoter 'on completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Residential Fla,Apartment. vi) Amount of Rs. (Rupees only) (not exceeding 85% of the total consideration) to be paid to the Promqte! on completion of the extemal plumbing and extemal plaster, elevation, terraces with waterproofing, of the building in which the said Residential F latlApartment is located. vii) Amount of Rs. (Rupees only) (not exceeding 95% of the total consideration) to be paid to the Promoter on completion ofthe lifts, water pumps, elechical fittings, electro, meclanical and environment requirements, entuance lobby/s, plinth protection, paving of areas appertain and all other requirements as may be prescribed in thc Agreement for Sale of the building in which the said Residential FIat/Apartment is located. viii) Balance amount of Rs. _ (Rupees only) against and at the time of handing over of the possession of the said Residential FlarApartment on or after receipt of Occupancy Certificate or Completion Certificate. 1(d) The Total Price above excludes Taxes (consisting oftax paid or payable by the Altottee/s by way of Goods and Service Tax or Cess or anJ other similar taxes which may be levied by the State or Cental Govemment or any other Authodty and arising from or incidental to the sale of the said Residential Flat/Apartment by the Promoter to the Allottee/s, in conrlection with the construction of and carrying out the Project) payable by (he Allottee/s up to the date of handing over the possession of thF said Residential FlarApartment. l(e) The Total Price is escalation-free, save and except escalations/ indrembs, due to increase on account of development charges payable to the Municipal Corporation of Dhule and/or any other increase in charges which may be levied or imposed by the said Coryorationil-ocal Bodies/ Maharashtra State Electricity Distribution Company Limited/ Central ,and State Govemment from time to time. The Promoter undertakes and'agrees that while raising a demand on the Allottee/s for increase in developmont charges, cost, or Ievies imposed by the Municipal Corporation of Dhulc and/or Maharashtra State Electdcity Distribution Company Limitsd etc, the Promoter shall enclose the said notification/order/rule/requlation published/issued in that behatf to that effect along with the demand letter being issued to the Allottee/s, which shall only be applicable on subsoquFnt payments. te1 l(0 The Promoter may allow, in its sole discretion, a rebate for early payments of equal installments payable by the Allottee/s by discountingsuch early payments @ _,'/o per annum for the periorl by which the respectire installment has been preponed. The provision for allowing rebate and such rate ofrebate shall not be subject to any reyision/withdrcwal, once granted to an Allottee/s by the Promoter. 1(g) The Promoter shall confirm the final carpet area that has been allotted ro rhe Allottee/s after the construction of the said Building is complete and the Completion Certificate or Occupanoy Certificate is granted iy the Dhule Municipal Corporation and/or concem authority, by fumishing details of the changes, if aay, in the carpet area subject to a variatioi cap of 3 percent. The total price payable for the carpet area shall be recalculated upon such conl'irmation by the promoter. lf there is any reduction in the carpet area ofthe said Apartment less upto 3%, then promoter shall refund the excess money paid by Allottee/s within fortyfive days with annual interest at the rate of l2% (twelve) per annum, ftom the date when such an excess amount was paid by the Allottee/s. If there is any increase in the carpet area more than 3% allotted to Allottee/s, the promoter shall entitled to demand from the Allottee/s the additional/ excess amount and the Allottee/s shall pay within 15 days from demand the same. All these monetary adjustments shall be made at the same rate per square meter as agreed. l(h) The Alloftee/s authorizes the promoter to a jusuappropdate all payments made by Allottee/s under any head(s) of dues against lawful outstanding, if any, in his,4rer name as the promote. may in its sole discretion deem fit and the Allottee/s undertakes not to object/demand./ direct the promoter to adjust his,&erltheir payments in any manner. 2.1 The Promotq hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions ifany, which may have been imposed by the concemed local authority at the time of saactioning the said plans or thereaft and shall, before handing over possession o1 the said Apartment to the Allottee/s, obtain from the said concemed local authority, Occupation and/or Completion Ceftificates in respect of the said Apartment. The Allottee^ agreed to give consent to make any changes, modilicatio , alteration io sanctioned layout and/or building plan may h-ave been [ 10] necessary to complete the construction before handing over the possession ofthe said Apartment to the allottee/s and also agreed to give no objection to the concem local authority to sanction the layouVs and plans submiitled by the Promoter. 2.2 Time is ofessence for the Promoter as well as the Allottee/s. The Promoter shatl abide by the time schedule for completing the said Project qnd handing over the said Residential Flat/Apartment to the Alloftee/s and the common ireas to the Association of the Allottee/s after receiving the Occupancy Certiflcate or the Completion Certificate or both, as the case may be. Similarly, the Allottee/s shall make timely payments of the installments and other dues payable by him/trer/them to the Promoter unqler the terms hereof and meeting the other obligations under this Agreqllent subject to the simultaneous completion of construction by the Promotq as provided in Clause l(c) (herein mentioned above in "Payment Schedule') 3. The Promoter hereby declares that the Floor Space Index of Ll avaitqble as on date in respeot of the Project Land is 672.54 square meteN only and Promoter has planned to utilize additional Floor Space Index of Sq.Mfis. by availing of TDR or FSI on payment of premiums or FSI - available as incentive FSI by implementing various scheme as mention in the Development Control Regulation or based on expectation of increased FSI which may be available in future on modification to DevelopmPot Contol Regulations, which are applicable to the said Projeot The Promoter has disclosed the Floor Space Index of Sq.Mtrs as proposed to be utilized by him on the project land in the said Proiect and - Allottee/s has agreed to purchase the said Apartment based on the proposed construction and sale of apafiments to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the deolqr€d proposed FSI shatl belong to Promoter only. 4.1 If the Promoter fails to abide by the time schedule for completing the said Project and handing over the said Residential Flat/Apartment to the Altottee/s, the Promoter agrees to pay to the Allottee/s, who does not intend to withdraw from the said Project, interest as specified in the Rule, on all the amounts paid by the Allottee/s, for every month of delay till the handing over of the possession. The Allottee/s agrees to pay to the Promoter, interest as specified in the Rule, on all the delayed payment which become due and payable by the Allottee/s to the Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee/s to fie Promoler. t ll l 4.2 Vr'ithout prejudice to the right of Promotq to charge interest in terms of Sub Clause 4.1 above, on the Allottee/s committing default in payrnent on due date of any amount due and payable by the Allottee/s to the promoter under this Agreement (including his,4rer proportionate share of taxes levied by concemed local authority and other outgoings) and on the Allottee/s committing three defaults ofpayment of installments, the promoter shall at his own option, may terminate his Agreement: Provided that, the Promoter shall give notice of 15 (fifteen) days in writing to the Allottee/s, by Registered Post A.D. at the address provided by the Allottee/s ard,/or mail at the e-mail address provided by the Allottee/s, of his intention to terminate this agreement and of the specific breach or breaches of tems and conditions in respect of which it is intended to terminate the Agreement. If the Allottee/s fails to rectify the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, the Promotq shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Allottee/s, (subject to adjustment and recovery of ary ageed liquidated damages or any other amount which may payable to Promoter) within the period of 30 (hirty) days of the termination. the installments of sale consideration of tlre said Residential Flar/Apafment which may till then have been paid by the Allottee/s to the promotir. The fixture and fittings with regard to the flooring and sanitary fittings ard amenities like one or more lifts with particular brand, or price range (if unbranded) to be provided by the promoter in the said building and the said Residential Flat/Apartment as are set out in Annexure ,,E,i annexed hereto. 6. The Promoter shall give possession of the said Residential Flat/Aparrment to the Allottee/s on or before 3l't December 201g. Ifthe promotei fails or neglects to give possession of the said Residential Flat/Apartment to, the Allottee/s on account ofreasons beyond its control and ofhis/its agents by the aforesaid date, then in such event, the promotq shall be liable on demand to refund to the Allottee/s the amounts already received by him in respect of the said Residential Flat/Apartment with interest at the same rate as may mentioned in the clause 4.1 herein above from the date thc Promoter received the sum till the date the amounts aod interest thereon rs repaid, or the Allottee/s shall have option to terminate this Agreement on the ground ofsuch failure or neglect on the part ofthe promotei. l t2l Provided that the Promoter shall be entitled to reasonable extension of timc for giving delivery of the said Residential Flat/Apartment on the aforesaid date, if the completion of the said building in which the said Residential Flat/Apartment is to be situated is delayed on account of- (i) War, Civil Commotion or acr of God; ( ii) Any notice, order, rule, notification of the Govemment and/or other public or competent authority. ( iii) Any circumstances arising from court ordq due to specific stay or injunction orde6 relating to the real estate project from aay Court of Lpw or Tribunal Authority etc., the period shall be valid and extension shal{ be granted for such period where actual work could not be carried by thc Promoter as per sanctioned plan due the said circumstances or court order. 7.L Procedure for taking possession - The Promoter, upon obtaining the Occupancy Certificate or Completion Certificate from the competent authodty and the payment made by the Allottee/s as per the Agreement shall offer in writing the possession of the said Residential FlavApartment to the Allottee/s in terms of this Agreement to be taken within 03 (three) mooths from the date of issue of such notice and the Promoter shall give possession of lhe said Residential Flat/Apartment to the Allottee/s. The Promoter agrees and undertakes to indemniry the Allottee/s in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee/s agree(s) to pay. the maintenance charges as determined by the Promoter or Association of Allottee/s, as the case may be. The Promoter on its behalf shall offer the possession to the Allonee s in writing within ()? {seven) days of receiving the Occupancy Certificate or Completion Certificate of the Project. 7.2 The Allottee/s shall take possession of the said Residential FlarApartment within 15 (fifteen) days of the written notice from the Promoter to the Allottee/s intimating that the said Resideratial Flat/Apartment is ready for use and occupancy. Except for occurrence of the events stating herein above, if the Promoter fails to complete or is unable to give possession of the said Residential FlaVApartment- (i) in accordance with the terms of this Agreement, duly completed by the date specified herein; or (ii) due to discontinuance ofhis business as a developer on account of [ 13 ] 7.4 suspension or revocation of the regisfation under the said Act; or for any other reason; the Promoter shall be liable, on demand to the Allottee/s, in case the Allottee/s wishes to withdraw from the Project, without prejudice to any other remedy available, to retum the total amount received by him in respect of the said Residential FlarApartment, with the interest 12oZ per annum within 30 (thirty) days including compensation (if applicable) in the manner as provided under the said Act. Failure of Allottee/s to take Possession ofthe said Apartment: Upon receiving a written irltimation from the Promoter as per Clause 7.1, the Allottee/s shall take possession of the said Residential FlayApartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescdbed in this Agreement, and the Promoter shall give possession of the said Residential Flat/Apartment to the Allottee/s. In case the Allottee/s fails to take possession within the time provided in Clause 7.l, such Allottee/s shall continue to be liable to pay maintenance charges and propefty taxes or other charges (if any) as applicable. If any Alloftee/s purchase any flarshop/unit in the building after its obtaining completion/occuparcy cerlificate and which is ready for possession in all respects, in that case such Allottee/s shall be liable to pay maintenance charges and property taxes including dues from date of completion cefiificate and all other charges been applicable. 7.6 If within a period of 05 (five) years from the date of handing over the said Residential Flat/Apartment to the Allottee/s, the Allottee/s brings lo rhe nolice of the Promoler any slructural defecl in (he said Residential FlaVApartment or the building in which the said Residential FlaVApartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the promotfl at his own cost and in case it is not possible to rectiry such defects, then the Allottee/s shall be entitled to receive from the promoter. compensation lor such delect in the manner as provided under the Act. The Allottee/s shall not, without the prior written consent of the concemed Local Authority as well as promoter to carry out any alterations of whatsoeler nature in the said Residential Flat/Apartment or make any alterations in any of the fittings, pipes, water supply connections as this may result in seepage ofwater. [14] 7.7 The Allottee/s shall also not chisel or cause damage to the columns, beams, walls, slabs, R.C.C. members and other structual membsrs or damage the water proofing ofthe flooring of the said Resideratial FlarApartment and do or omit to do any act which may result in damage to the said Residential Flat/Apartment. Ifany of such works are carried out without the written consent of the Promoter, the liability of the Promotq under the Real Estate (Regulation and Development) Act 2016 to rectiry defects automatically shall become void and Allottee/s shall be liable to pay all costs and damages towards restoration, repairs etc. arising from such unauthorized works. Notwithstanding an).thing to the contrary contained hereinabove as regards Items/ Goods/ Systems such as Lifts, Fire-Fighting Equipment, Solar Heating System, Sewage Treatment Plant, Organic Waste Converler, Sanitary Fittings, C.P. Fittings, Electrical and Electronic periphemls, Doors and hardwares, Windows, Tiles, Glass, Wooden Flooring etc. procured from manufach[ers / third parties, to be provided by the Promoter in the said Project and/or in the said Residential FlayApartment, the Promoter's liability for any manufacturing defects therein shall be concurrent with and be limited to the period of Warranty given by the Manufacturen of such Items/ Goods/ Systems and shall not extend beyond such periods. Further, such waranties pertaining to such Items/ Goods/ Systems which require periodic maintenance shall become null and void if such periodic maintenance is not attended to by the Allottee/s / Co-operative Housing Society or Association formed of the purchasers of Flats/Shopsrunits in the said Project. If there is any dispute regarding any defect. in the building or material used within five years from the date ofhanding over possession, then first the Allottee/s shall inform the customer care department of the Promoter and resolve the issues amicably and mutually. The Promoter shall arrange inspection through its engineer in respect of the defects and if it is found that such def,eph are due to wear and tear / non periodic maintenance / misuse mishandling of the materials / unit / building, then Promoter would not be liable to rectify such defects. The Promoter would also not be liable ro rectifo the delects like minor hairline cracks on the e\ternal and intemal walls including RCC shuctwe which might occur ;(ue to vadation of heat intensity / weathering as these do not affsct the structural stability of the Building and hence does not amount to stuctural defect or bad workmanship defect. Allottee/s shall be at t ls l 7.8 liberty to approach concem authority and refer the matter for the decision ofAdjudicating Offioer appointed under the said Act in the event of defects being not resolved to his / her satisfaction by the Promoter. 8. The Allottee/s shall use the said Residential FlavApartment or any parr thereof or permit the same to be used only for purpose of residence. And the Allottee/s shall use the open./covered parking space allotted to him/her/them only for purpose ofkeeping or parking the Allottee's vehicle. The Allottee/s along with other allottee(s)s of Apartments in the said Project shall join in forming and registering a Co-operative Housing Society or Assoaiation of Apartment Owners or a Limited Company to be known by such name as the Promoter may decide and for this purpose also from time to time sign and execute the application for regishation and/or membership and the oth papers and documents necessary for the formation and the registuation of the Society or Association or Limited Company and for becoming a member, including the byeJaws of the proposed Society or Association and duly hll in, sign and retum to the Promoter within seven days of the same being forwarded by the promoter to the Allottee/s, so as to enable the Promoter to register such Society under the Maharashtra Co-Operative Societies Act 1960 or Association of the Allottee(s) under Section l0 of the Maharashtra Apartment Ownership Act 1970, within the time limits prescribed by the Rule 8 of the Maharashtra Ownership of Flats (Regulations of the promotion of Construction, Sale, Management & Transfer) Rules, 1964. No objection shall be taken by the Allottee/s ifany changes or modifications are made in the draft byeJaws, or the Memorardum and/or Articles of Association. as may be required by the Registrar of Co-operative Societies, or the Registrar/Sub-Registrar of Assurances or the Registrar of Compa.nies, as the case may be, or any other Competent Authority. 9.1 The Promoter shall form Individual Society or Association of Apartment Owners of the said Building within three months &om the date on which 5l% of the total number of Allottee(s) in the said project have booked their respective Apartments in such building or procuring occupancy/ Completion Certificate of the said project. q, The Promoter shall within the period of three monrhs from the dale of procudng occupancy/completion certificate of the said project, the Promoter shall make an application to the Regisfar ofCo- ) I 16 ] operative Societies to form and regisler an Apex Body under the Maharashtra Cooperative Societies Act 1960 or execute a Conveyance and/or Declaration Deed of Association of Apartmglt Owners under Section 2 of the under the Maharashka Aparhnelt Ownership Act I970 read $ilh Maharashtra Apanmenl Oi,rnership Rules, 1972. Such conveyance and/or Declaration under Sec, 2 of the Maharashfta Apartment Ownenhip Act, 1970 shall be subject to exclusive, limited common ghts of the Allottee/s and commitments of the Promoter. The Promoter shall be entitled to amend/frame the bye-laws, rules, etc. of the Association as per terms of this Agreement and also with a view to maintain decorum, beautification of the said building, open grounds and common amenities, etc. And the Allottee/s of Flat/Shop/UniVApartment in the said project shall become a member. The Promoter shall execute the Deed of Conveyance on receipt of the entire consideration of the said Residential FlavApartment under the Agreement ftom the Allottee/s and shall convey the dght, title ofland with the proportionate share in the common areas to the Apex Body/ FederatiolvAssociation of Apartment Owners as may be formed all the dght, title and irterest of the Promoter in the said project within three months from the formation of Apex Body/Association. However in case the Allottee/s fails to deposit the stamp duty, registration charges and all others incidental charges and expenses etc. demanded by Promoter within stipulated period mentioned in the demand letter, the Allottee/s authorizes the Promoter to withhold registration of the Conveyance Deed in his/her favour till full and hnal settlement of all dues payable to the Promoter by A1lottee/s. 9.4 Within 15 days after notice in writing is given by the Promoter to the Allottee/s that the said Residential FlavApartment is ready for use and occupation, the Allottee/s shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Apartment) of outgoings in respect of the project land qnd Building/s namely local taxes, betterment charges or such othel levies by the concemed Iocal authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks, bill collectors, chowkidars, sweepers and all other expenscs necessary and incidental to the management and maintenance of, thq project land and building/s. Until the Society or Limited Company or Association is formed and the said sttuoture ofthe building/s or [17] 9.5 wings is tansferred to it, the Allottee/s shall pay to the Promoter such proportionate share of outgoings as may be determined. The Allottee/s further agrees that till the Allohee's share is so determined the Allottee/s shall pay to the Promoter provisional monthly contdbution of Rs. /- (Rupees only) per month towards the outgoings. The amounts so paid by the Allottee/s to the Promoter shall not carry any interest and remain with the Promoter until a conveyance of the said Project is executed in favour ofthe said Society or Limited Company or Association as aforesaid. On such conveyance being executed for the said Project, the aforesaid contribution (deduction of expenses done by the Promoter for maintenance of building and common areas and other deduction provided in this Ageement) shall be paid over by the Promoter to the Society or Limited Company or Association, as the case may be. 10. The Allottee/s undertakes to pay such provisional monthly contribution and such proportionate share of outgoings regularly on the 5s day of each and every month in advance and shall not withhold the same for any reason whatsoever. It is ageed that the non-payment or default in payment of outgoings on time by Allottee/s shall be regarded as the default on the part of the Allottee/s and shall entitle the Promoter to terminate this agreement in accordance with the tems and conditions contained herein ard the Allottee/s shall be liable for penalty, which is extend upto five Percent of Apaftmellt cost, and,/ or punishable with impdsonmenl for a term which is extend upto one year with fine as the case may be as default continuous as determined by the Authority under Sec. 67 and 68 of tfue said Acr. 10.1 The Allottee/s shall on or before delivery of possession ofthe said Residential FlaVApartment keep deposited with the promoter. thc following amounts:- (i) Rs. for share money, application entrance fee of the Society or Association or Limited Company/Association/Federation/Apex Body. (ii) Rs._ for formation and registration of the Society or Association or Limited Company/Federation/Apex Body. ( iii) Rs. for proportionate share of taxes and other charges/levies in respect of the Society or Association or Limited Company/Federation /Apex Body. I t8l (iv) Rs. for deposit towards provisional monthly contribution towards outgoings of Society or Association or Lnnit€d Company/Federation/Apex Body. (v) Rs. for deposit towards Water, Electric and other utiiity and service connection charges, and (vi) Rs. for deposits of electrical receiving and sub-sta[ion provided in layout. 10.2 Simultaneously with the execution of this Agreement, the Allottee/s shall be obliged to pay to the Promoter applicable Goods and Service Tax (GST), in terms of the provisions of Cental Goods and Service Tax Act, 201'7 I Integated Goods and Service Tax Acl 2017 / Maharashtra Goods and Services Tax Acq 2017 / or rules framed there under or any other law for the time being in force for the purpose, of the agreed sale / purchase price of the said Residential Flat/Apartment. The said amount shall be paid by the Promoter to the Govemment as prescribed by the Law. The Allottee/s shall make payment of GST applicable to the said Residential Flat/Apartment at the mte prescribed by Law at the time of execution of these presents. Ii however, at any time hereafter, the rates of such Goods and Service Tax (GST) are increased or decreased by the Govemmenq the amount payable by the Altottee/s to the Promoter under this Clause shall vary accordingly. In addition to the above, the Allottee/s shall be liable to bear and pay all and any other taxes, duties, charges, premia, levies, cesses, surcharge as may be levied by the State or Central Govemment or any other Authodty and arising from or incidental to the sale of the said Residential FlaUAparhnent by the Promoter to the Allottee/s before or after taking the possession of the said Residential Fla/Apartment as and when such taxes, duties etc. become due and such payment shall be eff'ected within seven days of demand and the Allottee/s shall exclusively be liable for any delay in payment thereol Ifany ofsuch taxes, duties etc. shall haye already been paid by the Promoter, the Allottee/s shall be liable to reimburse the same together with interest accrued thereon to the Promoter ard the Allottee/s hereby agrees to indemnify and keep indemnified the Promoter ftom or against all loss or damage suffered or incuned by lhe Promoter as a result of non-payment by the Allottee/s of any such tax,es, duties etc. 11. The Allottee/s shall pay to the Promoter a sum of Rs. for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at-Law/Advocates of the Promoter in connection y,ith formation of the said Society or Association or Limited Company or Ap€x I te ] L2. Body or Federation and for preparing its rules, r€gulations and bye-laws and the cost ofpreparing and engrossing the conveyance. 13. At the time of registration of conveyance of the said project, the Al{ottee/s shall pay to the Promoter, the Allottees, share of Stamp Duty and Regisftation Charges payable, by the said Society or Association or Limited Company on such conveyance or any document or instrument of tansfer in respect of the said Project. At the time of registration of conveyance of the said project land with the said project, the Allottee/s shall pay to the Promoter, the Allottees' share of Stamp Duty and Registration Charges payable, by the said Apex Body or Federation on such conveyance or any document or instrument of transfer in respect of the structue ofthe said Land to be executed in favour ofthe Apex Body o. Federation. 74. REPRESENTATIONS AND WARRANTIES OF THE PROMoTER: The Promoter hereby represents and warants to the Allottee/s as follows: The Promoter has clear and marketable title to the project land as declared in the Title Certificate annexed to this Ageement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the said project land for the implementation of the Projeat; . The Promoter has lawful rights ard requisite approvals from the Competent Authorities to carry out development of the project and shall obtain requisite approvals from time to time to complete the development ofthe Project: It. There are no encumbrances upon the project land or the project except those disclosed in the said Title Certificate; There is no litigation pending before any Court of Law with respect r,o the project land or Project except those disclosed in the said Title Certificate; All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said Building are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the Competent Authorities with respect to the Project, project Land and said Buildilg shall be obtained by following due process of law and the promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, Project Land, Building and Com-o.,-A."ur; 120l vi. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform ary act or thing, whereby the dghJ, titte and interest ofthe Allottee/s created herein, may prejudicially be affected; vii. The Promoter has not entered into any Agreement for Sale andy'or Development Agreemert or any other Ageement / Arrangement with 4ny person or party with respect to the said Project Land, including the Prqlgct and the said Residential Flat/Apartment which will, in any manner, affbct the dghts ofAllottee/s under this Agreement; viii. The Promoter confirms that the Promoter is not restdcted in any manner whatsoever from selling the said Residential Flat/Apartment to the Allottee/s in the manner contemplated in this Agreement; ix. At the time of execution of the Conveyance Deed of the structure to the Association of Allottee(s), the Promoter shall haadover lawful, vacant, peaceful, physical possession of the common areas of the structure to the Association of the Allon..1t.1, x. The Promoter has duly paid and shall continue to pay ard discharge undisprrted govemmental dues, rctes, charges and taxes and other moniesi'ilevies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said Project to the Competgnt Authodties; x. No notice from the Govemment or any other Local Body or Authority or qny Legislative Enactment, Govemment Ordinance, Order, Notification (including any notice for acquisition or requisition ofthe said property) has been received or served upon the Promoter in respect of the said Project Land and/or the Project except those disclosed in the said Title Certificate. t4. The Allottee/s for himself/ themselves with intention to bring all persons ilto whosoever hands the said Residential Flat/Apartment may come, lereby covenants with the Promoter as follows: To maintain the said Residential Flat/Apafiment at the Allottee's own aost in good and tenantable repair and condition from the date tHat of possession of the said Residential Flaf/Apaftment is taken and shall not do or suffer to be done anything in or to the said Building in which the said Residential Flat/Apartment is situate which may be against the rules, regulations or byeJaws or change/alter or make addition in or to thd said Building in which the said Residential FlarApartment is situate and the said Residential FlavApaxtment itself or any part thereof without the consent ofthe local authorities, ifrequired. . Not to store in the said Residential Flat/Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage ri ill i'l l" [21] iii. the constuction or structure of the said Building in which the haid Residential Flat/Apanmenl is siruated or sroring of which goqdS is objected to by the concemed Local or Orher Authoriry and shall tatfli{lr while carrying heavy packages which may damage or likely to damage rhe staircases, common passages or any other structure of the building in which the said Residential FlarApartment is situate, including en the said Building in which the said Residential Flat/Apartment is and in case any damage is caused 1o the said Building in which th$ [qii Residential FlaVApartment is siruared orthe said ResideUiial behall, lhe Allottee/s shall be liable for the consequences ofthe breach. iv. To carry out at his/her/their own cost all intemal repairs to thg $M Residential FlavAparrment ard maintain the said nesldeihdiat Flat/Apartment in the same condition, state and order in which i[ was delivered by the Promoter to the Allottee/s and shall not do or suffer, tE be done anything in or to the said Building in which the said Residenlial Flat/Apartment is situate or the said Residential Flat/Apartment which tlay be contrary to the rules and regulations and byeJaws of the congjried local authodty or other public authority. In the event of the alldtt]sbis committing any act in contavention of the above provision, the Allg{tfe/s shall be responsible and liable for the consequences thereof ihl.the concemed Local Authority and./or Other public Authority. iv. NoT to demolish or cause to be demolished the said Residential FlaUApa(p[p101 any paft thereof, nor at any time make or cause to be made any aaaitiiih di alteration of whatever nature in or to the said Residential FlaVAparltment or any part thereof, flor any alteration in the elevation and outside Colaur scheme of the said Building in which the said Residential plar/Apa{triient is situate and shall keep the sewers, drains and pipes in the said Residet{ial FlavApartment and the appurtenances thereto in good tenantaUte repair anrl condition, and in particular, so as to support shelter and protect the qlher parts of the said Building in whiah the said Residential FlaVApartmerk is situate and shall not chisel or in any other mannff cause damagq to columns. beams. walls. slabs or RCC. Pardis or olher srruclural mempers in the without the prior written permission of the concemed Loial Authority and Promoter and,or the Sociery or Associalion or lhe Li/niled Company. Not io make any chaages in eleyation such as enclosures in t".rugpp, d.y balconies- addition ofgrill etc.. and installation ofdish Anrenna's without lhe permission of the Promoter. In case any such enclosure, the proinoter shall remove the grill/wall otherwise so fixed constructed at the cosi of thc Allottee/s. The Allonee/s shall be liable lo pay such cosrs on demafi{ by the Promoler. ,. : l |ilr ,L t22t t22t rli irl] t ;ii :li" L,lii vf,[p$ lo be done any act or thing which may render vdl$ Not to do or permit to Building,:li :: ' insurance of the said Project Land and the said Building::l; voidable any insurance in which thi said Residential FlaVApartment is situate or any paft tt$iilqf or whereby any increased premium shall become payable in respect ql0 thi insurance. li I Not to throw dirt, rubbish. rags. garbage or other refuse or permit thorffury ro be thrown from the said Residential FlauApanment in the compoffip dr any ponion of the said Project Land and lhe said Building in whi4fll &F said Residential Flat/Apartment is situate. lill i , Pay lo the Promoter within 15 tfifteen) days of demand by the Pro$$te1' hiirher/rheir share of security deposit demanded by the concemed';1fo{ authority or Govemment or giving water. electriciry or any other sf(ti* connection to the said Building in which the said Resi{Siiti! Flar/Aparlment is situate. t tx. To beir and pay increase in local taxes. water charges, insurance anqfideh other levies, if any, which are imposed by the concerned local autflp+ff and or Govemmenl and/or other public aulhorit), on accounr of chffi qf user of the said Residential FlavApaflmenl by the Allonee s toiany purposes other than lor purpose lor which it is sold. ,i, x. The Allottee/s shall not let, sub-let, transfer. assign or part $ith intelSiq --q{ benefit lactor of this Agreement or pan with lhe Possession oi thqlpaifl Residenlial FlauApartment unlil all the dues payable by the Allonffi $ the Promoter under this Agreement are fully paid up and only i{Lt$o Allonee/s had not been guilty olbreach ofor non-observance otany fl$pp terms and conditions of this Agreement and until the ,+llottedplltrt* intimated in writing lo lhe Promoter and obtained the wrilten consefr gf the Promoter for such transfer, assign orpan with the interest etc i,ii, i xi. The Allonee s shall observe and perform all lhe rules and regulaliorls which the Society or Association or I imited Company or Aper Bqflflar Federation may adopt at its inception and the additions. alterati{$'# amendments thereofthat may be made from time to lime lor protecti{fl,anp maintenance of the said building and lhe Apanmenls therein and fciH the observance and perlormance of the Building Rutes. RegulaLions and Bye'- laws lor the time being of rhe concemed local aulhorit) a4d] qf Govemmenl and other public bodies. The Allottee s shall also observfli44fl perform all the slipulations and conditions laid down billlfip 3ociety/AssociationiLimited Company/Apex BodyTederation reg{Mlng the occupation and use of the said Residential Flat/Apartment i$:ffi building and shall pay and contibute regularly and punctualll rowar{N ffi laxes. Jxpenses or other outgoings in iccordance r+irh the rerms {flith$ Asreemenr. Ii 'll i:t, ; !rl'' ilirlr 'fili I Ji ui ; l'l'' ir, [23] ll xii. Till a Deed of Conveyance of the said Building in wtrlch said ttes;{e4lial Flaf/Apartment is situate is executed in favour of Society/Associat[on/ Limited Company/Apex Body/Federation, the Allottee/s shall per4lit the Promoter and their surveyors and agents, with or without workmop 4grd others, at all reasonable times, to enter into and upon the said proje,dlJqpfl and Building or any part thereof to view and examine the sta(i and condit ion thereol xiii. Till a Deed of Conveyance of the said Project Land on which thb iaid Building constructed in which the said Residential Flat/Apartmpnt is situate is executed in favour of Society or Association or LinlifeO Company or Apex Body or Federation, the Allottee/s shalt perntt the Promoter and their surveyors and agents, witl or without workmen and others, at all reasonable times, to enter into and upon the said project Land or any part thereofto view and examine the state and condition thereof. xiv. The Allottee/s is/are hereby prohibited from altering, obstrucrioF,i thg extemal aad intemal structure of the building constructed as pgr the sanctioned plan and from enclosing balconies/terraces with griils.or otherwise, falling which the Promoter shall remove such grill/wall constructed by the Allottee/s at the cost of Allottee/s. The Allottee^ shall be liable to pay such cost on demand by the promoter and if the Alhteds fails to pay the said cost shall be recovered by the promoter frohr ihe interest free secudty deposit paid by the Allottee/s. xv. As the Promoter will be applying to the concemed authorities foi gflling separate watel connection for building and electricity meters and connections from the concerned department then in that case the promqtef may provide electrical connections/water supply/power supply/genpralor supply through any other temporary arrangement because ofwhich ofthere is any improper/insufficient/irregular supply of water/ electricity. rhe Promoter shall not be held liable for the same. The Allottee/s hereby consents for any temporary arrangement that may be made in the sajd interim period. The Allottee/s shall pay for the proportionate chanlies'as demanded, determined and decided by the promoter and GoodA .and xvi. Till the separate electric meter or water meter is installed/allofte( by the MSEDCL and/or any other Authority, the Allottee/s herein hereby,.Agrges to bear and pay punctually the amounts and charges of the common electric supply to the Allottee/s from common meter and proportiohate electricity charges and water meter charges and also the expenses {or l.be maintenance of the common areas and facilities in portion io the aiea' of his/her/their said Residentiat FlaVApartment as mentioned in the g_hJlp 23. I ; i.i t' 124l 14.1 In pursuance of the aforesaid terms of the said Agreement d.p parties hereto it has been a$eed that before 15 days prior to taking pos ld !t' the said Residential Flar/Apartment agreed to sold-/ purchased, the All bhdtt pay to the Ptomoler an amount ofRs /- (Rs. Y) s€ interest free secudty amount for due compliance on the part of the Allo ,i't it mentioned above. In the event Allottee/s commits any act in contraventionl 'rrqe above terms, then the Promoter shall entitled to withdraw the required from the said security deposit and the amount shall be utilized the same loss, damage suffered by the Promoter and the costs and all expenditwe by the Promoter due to non-compliance of the terms hereof and non-observance of the terms and aonditioi mentioned hereinabove on the part of the Allottee/s and also for exq Iike MSEDCL etc., on enuoachment in the area other than allotted, to pay the taxes as and when demanded, fine on failure in extendin operation in procedure of formation of Society/ Associationffedeii Apex Body, so as to protect the dghts and interest of all thd; (Apartment) Allottee/s in the said Project, whiah shall be completely discretion ofthe Promoter. It is hereby further clarified and agreed th tLb Promoter shall after deducrions iL -y on ua"o*i of rhe reaions stal' |iih clauses above from the aloresaid interesl ftee secwity amount. relu4i tlfr batance of the said amount without any interest thereon to the A only after 5 years from haading over the possession ofthe said Resi FlauApartment to the Allottee/s. The Allottee/s hereby agrees to puil the said Residential FlauApartment on the specific understanding his,her dght is to only to the use and unless specifically allotte ii common areas/ facitities, the use of the Common Areas/amenities lqe subject to timely payment of total maintenance charges, in respect ' ItJ(e terms and conditions specified by the Association of Allottee/s froflli to time. 15. The Promoter shall maintain a separate account in respect ofsums by the Promotq from the Allottee/s as advance or deposit, sums rect on account of the share capital for the promotion of the Co-op€{ Society or Association or Company or towards the outgoings, ii chargJs and shalt utitize the amounts only for the purposes for whi have been received. lit, 16. Nothing contained in this Agreement is intended to be nor s lihB construid as a grant, demise or assignment in law, of the said Res FlarApartment or ofthe said Project Land and Building or any part -]-l-r l. t.. l l2s l 77. thereof. The Allottee/s shall have no claim save and except in respllt of the said Residential FlarApartment hereby agreed to be sold to hiirr/her and all open spaces, parking spaces, lobbies. staircases. terraces. recrp_a,tlpn spaces will remain the propeny of lhe Promoter until the said Buii{ing is transferred to the Society/Association/Limited Company and until the said Project Land is tansfered to the Apex Body Federation as hereitbefore mentioned. i. 18. PROMOTER SHALL NOf MORTGAGE OR CRT,ATE A CHAhGE: After the Promoter executes this Agreement he shatl not mortgags or create a charge on the said Residential FlavApartment and if arly such mortgage or charge is made or created then nohvithstanding anything contained in any other law for the time being in force, such mortgqgp or charge shall not affect the right and interest of the Allottee/s who has,taken or a$eed to take such said Residential Flat/Apartment. 19. BINDING EFFECT; Forwarding this Agreement to the Allottee/s by the Promoter does not create a binding obligation on the part of the P.rqrnpter or the Allottee/s until, fi6t1y, the Allottee/s signs and delivert this Agreement with all the Schedules along with rhe payments d,ud as stipulated in the Payment Plan within 30 (thirty) days from the dirtO of receipt by the Allottee/s and secondly, appears for registration ofthelsahe before the concemed Sub- Registrar as and when intimated by, fS4 Promoter. If lhe Alloltee/s lails to execure and deliver to the Promu{r. this Agreement within 30 (thirty) days from the date of its receipt tji the Allottee/s and/or appear before the Sub-Registrar for its registration 4s.4nd when intimated by the Promoter, then the Promotff shall serve u nodicu to the Allottee/s for rectirying the default. which if not rectified withil 15 (hfteen) days from the date of its receipt by rhe Allottee/s, applicatlon of the Allottee/s shall be treated as cancelled and all sums depositerJ dy the Allottee/s in cornection therewith including the booking amount slfill be rel.umed to the Allonee/s wirhout any interest or compensarion what$oe1er. 20. ENTIRE AGREEMENT: this Agreemenl. atong with irs Schedulds.and Annexures. conslitutes the enlire Agreement berween rhe panies $preto with respect to the subjeat mafter hereof and supersedes any aidl ,all understandings. any olher agreements. allotment letler. correspondqncps, arangements whether written or oral, if any. between the parties in {cdq{q to lhe said Residential FlaL/Aparrmenr. l- l I i,r, 126l 2t. RIGHT TO AMEND: This Agreement may only be amended u,Titten consent of the Parties. 22. PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALL SUBSEQUENT ALLOTTEE/S: It is clearly underctood and so a 'by and bet\,veen the Parties hereto that all the provisions contained hereidldnE, the obligations arising hereunder in respect of the Project shall equa{i' tie applicab-le to and enforceable against any subsequent Allotlee' s of thFlbeiF Residential FlauApanment. in case of a transfer. as the said obligalidrlb gt) along with the said Residential FlarApartment for all intents and pur'pqies' I SEVERABILITY: If any provision of this Agreement shall be detenriiried )l METHOD OF CALCULATION OF PROPORTIONATE WHEREVER REFERRED TO IN Tm AGREEMENT: Wherever irr St Agreement it is stipulated that the Allottee/s has to make any payrn$l ih common with other Altottee(s) in Project, the same shall be in propo o.n to the carpet area of the said Residential Flat/Apartment beals to thdr Ir+1 carpet area ofall the Apartmentsrunits in the Project 25. FITRTHER ASSIIRANCES: Both Parties agree that they shall acknowledge and deliver to the other such instruments and take suchir actions, in additions to the instruments and actions specifically pt{t for herein, as may be reasonably required in order to provisions of this Agreement or of any transaction contemplated io conhrm or perfect any right to be created or tansfered her pusuant to any such transaction. 1l 26. PLACE OF EXECUTION: The execution of this Agreement shd complete only upon its execution by the Promoter through its. authq, signatory at the Promoter's Offtce, or at some oth place, w^hich m ibF m*utually agreed between the Promoter and the Allottee/s. in after the,li ! I' : t. l2i) l 27. Agreement is duly executed by the Allottee/s and the promoter 9! simulraneously with rhe execurion rhe said Agreemenr strall Ue regilfcred at the office of the Sub-Registrar. The Allortee/s has paid the chAries of Stamp Duty and Registration Fee herewith. Hence this Agreement gfiaill be deemed to have been executed at Nashik. 28. The Allottee/s and/or promoter shall present rhis Agreement u, *.n Lj Ur. Deed of Conveyance at the proper regisration office of registration *ilhin the.time limit prescribed by the Regisfation Act. 1908 und tt. p.o[npt", will attend such office and admit execution thereof. . That all notices to be served on the Alloflee,s and the promoier as contemplated by this Agreement shall be deemed to have beer duly qerued if sent to the Allottee/s or the Promoter by Registered post A.D or ndtified Email ID at their respective addresses specified below: Name of Allottee/s: 1) Mr. 2) MIs. ,ir i Allottee/s Address : Notified Email ID : Promoter Name : Pundalik Gokul Sutar Address : 13, GOKUL, Vallabh Nagar, Near Easera I Maidan, Malegoan Road, Dhule I Notified Email ID : deepak ahireo I I @s!4qil com It shall be the duty of the Allottee/s and the promoter to inform each other gf any change in address subsequent to the exeaution of this Agreement in the above address by Registered post, failing which all communicatiods and letters posted at the above address shall be deemed to have been re{iEived by the promoter or the Allottee/s, as the case may be. 30. JOINT AILOTTEES: Thar in case rhere are Joint allotteis' all communications shall be sent by the promoter to the Allottee/s whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly sewed on all the Allorteesi I, i,r I i li" li: [28 I illi I i STAMP DUTY AND REGISTRATION: The charges towards stamli [utir and Regislralion of this Agreemenl shall be borne by rhe Allonee/s l, I' 32. DISPUTE RESOLUTION: Any dispute between the parties shdfi be settted amicably. In case of failure to settle the dispute amicablyiiaod mutual discussion, the dispute shall be settled through the aOiudib$itg ofhcer as per the provisions of the Real Estate (Regulation iiand o.rr"toprrl"r,i; a"t 20i6, Rules and Regulations made thereun-der' I lli GOVERNING LAW: That the rights and obligations of the parties r+irdqr or arising out of this Agreement shall be consrued and enlorc$ in accordanie wirh the laws of lndia for the lime being in lorce and the Nashik Courts will have rhejurisdiction for this Agreement. I WAIVER NOT A LIMITATION TO ENFORCE: The Promoter rn6[;4t irs sole option and discretion. without prejudice to his rights as set oLt in this Agreement, waive the breach by the Allottee/s in not making paynie[ts as per"the Payment Plan including waiving the payment of intel.elitl for delayed paymlnt. It is made clear and so agreed by the Allottee/sitfiat exercise of-discretion by the Promoter in the case of one Allottee sha nqt be construed to be a precedent and /or binding on the Promoter to exrlpise such discretion in the case of other Allottee. Failure on the pafi of the Promoter to enlorce ar any time or lor any period of time the provi$ions hereof shalt not be construed to be a waiver of any provisions or q{i {}e right lhereafter to enforce each and every provision , i I COMPLIANCE OF LAWS RELATING TO REMITTANCES ThC i Altottee/s, if resident outside India, shall be solely responsiblel for complyin! with the necessary formalities as laid down in Foibigfl ExchangJManagement Act, 1999, Reserve Bank of lndia Act ald 4UlT and Regulations made thereunder or any statutory amer modification(s) made thereof and all other applicable laws incl of remittance of payment acquisitior/sale/transfer of immovable in India etc. and provide the Promoter with such permission, appt$[zals which would th" Promoter to fulfill its obligations undei!'this "nuLle Agreement. Any refund, transfer of security. ifprovided.in terms of th€ Agreement shatl be made in accordance with the provisions ot ! olflg6 Eichange Management Act, 1999 or statutory enactments or 1m9nOl{pfio thereof;d the iules and Regulations of rhe Reserve Bank of lndia $!lany other applicable law. The Atlottee/s understands and agrees that in the i .ii, ) ,.1 , ,. 1r t;li iil iiiil ----------,'_ ti t,l I l2e l event of any failure on his,fter part to comply with the apdijjrbfe guidelines issued by the Reserve Bank of India, he,she shall be liahle for any action under the Foreign Exchange Management Act, 1999 or jolher laws as applicable, as amended from time to time. The promoter aocepts no responsibilirl in this regard. The Allolree/s shall keep the pr4i fulll indemnified and harmless in rhis regard. Whenever there $ change in the residential status of the Allottee/s subsequent to the of this Agreement, it shall be the sole responsibility of the A intimate the same in writing to the Promoter immediately and complj with necessary formalitiesJ if 4u) under rr any urucr LI|E the applicable ne promoteri ilpprrcaorE laws. rThe rromolg4 Shall gna4 not be responsible towards any third party making paymenUremittande; on I behalf of any Allottee/s and such third party shall not have any right in tire application/allotment of the said Residential Flat/Apartment applidd for herein in any way and the Promoter shall be issuing the paymeni receipts in favour of the Allottee/s only. 36. LOANS FROM FINANCIAI INSTITUTION/BANK: (a) It is mutually agreed between the parties that in case the Allottee/ iitt4nds to avail housing toan from any Banks,Financial Institutions for paylnbnt of installments of the Sale Consideration as set out hereinabovg theldanoe may be availed on the basis that no right or interest of the promoter nder this Ageement is affected on account of finance being obtained qy the Allottee/s. The Promoter shall not be responsible inany maflner whatsoever if any banVfinancial institution refuses to financl the said Residential Flat/Apartment on any ground or revokes the loan a{rqady granted. (b) As a modality for obtaining finance, the Banks,Ginancial Institutiorir.ntay require the Promoter to give his no objection to the same. The prolrqter agr€es that he shall give such no objection without prejudice to his irights and a confirmation being given by the Bank/Financial Institution thal nght of recovery of its dues is subservient to promoter,s right for paymgqiof consideration on sale of said Residential FlaVApartmenr dui irowr the Purchaser and that the Promoter shall be entitled to adopt all reaquii,e ayailable under this Agreement and under Iu* fo, ,ecor..y fld"the Promoter's dues. Further, if any bank / financial insritution refusis/ tu"kes and/or,disbursemenr or roun oi. uny *1":.1"y:yq,i::1.,1l:::i'l-.: ground(s), then Allottee/s shall not make such refirsal/ delay u, io. "*",,,!"qimq non-payment of any installments / dues to promoter within stipulab4 as per the payment pla[. i I "4. : t, I ,i l . ti . 'ii Jr i i (c) t30t It is mutually agreed between lhe parties that the Promoter shall ndl be il : liable for repayment of loan amount or an) part thereof availed bli ttp Allonee/s. All cosls associared with procuremenl. of loan amount shol[ be bome by the Allottee/s alone. i. (d) nt between the Allottee s llanh Banl<,/Financial lnstitution. ifany amount. including but not limited to fless. levies, fees, deposits, outgoing and maintenance charges. Propeny T$ei, Goods and Service Tax, Local Body Tax. Works Contract Tax etc. renihitts unpaid/outstanding at any stage, then in that €vent the right o! the Banks,Einancial Institution shall remain subservient to the rights o{l the Promoter and the Promotq shall have the first charge on the ilaid Residential FlaL/Apartment and/or the said Residential Flat/ApanmenF for the un-paid/outstanding amount including interest thereon. it (e) The Allottee/s shalt indemniS and keep indemnif,red the Promoter an{ his successors and assigns from and against all claims, costs, ch4{fue$, expenses, damages and losses which the Promoter and his successoiqiqnd assigns may suffer or incur by reason of any action that ffuch Bank/Financial Institution may initiate on account of such loan or fofl the recovery of the loan amount or any part thereof or on account ofl qntr breach by the Atlottee/s of the terms and conditions goveming tholbXii{ loan in respect of the said Residential FlavApartment. I i (0 In case of any financing arrangement entered by the Atlottee/s witl{iqny financial institution with respeot to the purchase of the said Resid€mli4l Flat/Apartment, the Allottee/s undefiakes to direct such finafcial institution to, and shall ensure that such financial institution, SgEs disburse/pay all such coNideration amounts due and payable to Proqiqtqr tfuough an account payee cheque/demand draft drawn. Further, if any pank / financial institution refuses/ makes delay in granting financial assisSnqe and/or disbursement of loan on any ground(s), then Allottee/s shalltl not make such refusal/ delay an excuse for non-payment of. iqny installments/dues to Promotq within stipulated time as per the payrFcnt plan. l.ii i , ,ii.,, 35. Miscellaneous: i,'' ll a. The Promoter, before execution of this Agreement has explained tdl ihb Allottee/s inter alia, the entire scheme of thi said Project Land, mod{ qnd form of conveyance, formation of apartment, maintenance of oloEall project amenities, the difference between the said optional facilities an{ tl*e said common amenities etc. and the Purchaser having understoodJiand accepted the same, has executed this Agreement. iit ' i lr, ,ii., l:" I l rilfi, t, r I lr t 31 l b. The Alloftee/s and/or the apartment association shall follow a.ll jrules. regulations, conditions, erc. imposed by all the laws, statutes, boaE{is, and policies, inter alia such as- l) Water (prevention and Control of pollirfion t Act 1974, 2) Air (Prevention and Control of pollution) Act I &Ertrr 3t Environment (Preyention and Contol of pollution) Act 19g6,4) IX, {d. iM & H ) Rules. 5 ) Maharashtra Pollution Conrrol Board. 6,) Lener of lru[r1t, 71 Public Liability (Insuraace) Act, 1991, 8) Regulation for Developrnfii 6f Integated Township in area under Nashik Regional plan, 9) Maharirshtra Regional and Town planning Act.l966. l0) and all concemed @ ihen prevailing laws applicable for lime being in force, etc. and notificdtibns, circulars thereunder, published by concemed govemment authorftires / departments. i c. If the Allottee/s suffer any loss, damages etc. arising out oi this transaction, by reason of any change, amendment, modification, chaige in any statute, law, rules, regulations et cetera, the promoter shall not be liable ro make good the same lo rhe urE A[ultc(i/s. Allonee/s. d. The Promoter hereby clarifies that he has withdrawn all his advertisehents and brochures etc. in respecl of rhe said projecr published prior ro bi" I 12017 aad the same are not in use since then; and rhe ellotree/s ffi[y acknowledges the same. The Allottee/s hereby clarifies that he/sli! has relied only on the advertisements and brochures etc. in respect of thf oaia ProjectpublishedbyrhePromoreronlyafier_ . I e. The Promoter herein has not undertaken anyresponsibiliry ndr the Promoter haye agreed anything with the Allonee/s orally or orherwiiq and there is no implied agreement or covenant on rhe part of the prorirptrir, other lhan rhe terms and condilions expressly provided under this agreement. I , REAI ESTATE (REGLTLATION AND DE\ELOPMENT) ACT i then Prevailing Laws: Excepr otherwise mentioned and provided this Agreement shall always be subject to the provisions of the Real (regulation and Development) Act 2016, & prevailing Laws. The ,{il declares hereby that he/ she/ they has/ haye read and fully under agreed to the contents of this agreement and thereafter the same executed by the Allottee/s. DESCRIPTION OF THE SAID PROJECT LAND All that piece and parcel of non-agricultural plots property admeasuring 921.40 sq.mtrs. out of Survey No. +telZ-+ (Ciiy 132 j situte, lying and being at Village Dhule, Taluka and District Dhule, u, limits of Dhule Municipal Corporation and also within the Registation registration District of Dhule within the limits of Dhute Municipat C also within the RegisEation and Sub-Registration District of Dhule, w lire collectively bounded as under:- i l On or towards East : as per plan ll On or towards West : On or towards South: i' On or towards North: SECOND SCHEDULE ABOVE REFERRED TO (Descdption ofthe said Building in which the said Apartment situated) ] il li From and out ofthe total Project Land as mentioned in the First Schi Ule, q! dnd bounded as under: On or towards East : As per On or towards West : site lan On or towards South : annexed On or towards North : herewith ii The said Residential Flat/Apartment premise is situated in the said project and particulars and description of the said Residential Flat/Apartment premiie is described in THIRD SCHEDULE written hereunder. rHrRp scHEpuLE ,ii , : (Description ofthe said Residential Flat/ADartment) !] lr,, Upon the property mentioned in the First Schedule hereina{pve. consfucted building structures ofresidential project knorvn in the name & st$b as "GOKUL APARTMENT", from and out of the said building all that constrUfted pr.",ir. h"rirrg R"rid"rtr"t FlaVApartment No. having carpel lfrea admeasuring square meters, enclosed balcony area admeasrliin€ meters, and Terrace area admeasuring sflbre meters, situated on the Floor. and open/covered parking square - t: ,,iit - l, -square iil l ri l ril r :,!1, l: ia [33] On or towards East On or towards West On or towards South On or towards North AII the said premises together with existing rights of easements, common amenities, fittings, fixtures and other rights appurtenant thereto; FOURTH SCHEDULE (THE NATI]RE, EXTENT AND DESCRIPTION OF INTERNAL AS . WELL AS EXTERNAL AMENITIES AND SPECIFICATIONS) lntemal Amenities. R.C.C. Work : R.C.C. framed Structure. BLOCK WORK: Extemal 1251150 mm. thick, intemal 100/1251150 rruni$iBk (AAC & red brick in combination). FLOORNG: 600 mm x 600 mm Vitdfied / Ceramic tile of Rs. 20 to Rs. 3li. per Sq. ft. in living/ drawing. Ceramic tile of Rs. 20^ uplo R.s. 351 per Sq.ft. in Dining, bedroom and bathrooms, Glazed tile dado (upto ?' ht) in bathrooms. (Rate Rs. 20 to 35f pefilq,ft. sizes- 10"x30" or 12"x12" or 12"x18" or l2"tJ{" or 12"x36") Ceramic tile flooring with black/steel grey $dnite or green marble platform 8 Rft in length (ganite/marbler rate Rs. 40 to 150/- per Sq.ft) and glazed tiled on dado uplp 2 feet ht in Kitchen. (Flooring & dado tile sizes 10" x 3p'i or l2"xl2" or l2"xl8" or 12"x24" or 12"x36"). i DOORS AND HARDWARE: Laminated flush door in main door, bedfoqrn. batcony (Locally maaufactured). PVC doors for Bathniptn & Toilets. ,l i, MNDOWS: Colored powder coated or anodised aluminum sliding wi dows with clear&azra glass 3 mm thk) (Locally manufacturq(.;., INTERNAL FINISH: Gipsam Plastei& OBD (Oil Bound i Distemper). i,l EXTERNAI FINISH: Acrylic Paint. i.l, , 'i.:,, .i,) . I Ii t. l, lrl , [34] ELECTRICAL: Geyser point in bathrooms, TV point in living room, number of light points, fan points, and plug points, wiring ofreputed brand, good quality switches. PLIIMBING: PVC/SWR Vr'ater pipe ofISI standard for ext plumbing j; , CPVCruPVC pipes for intemal pipeline in titchsrill4r.rl barhrooms. C.p. Sanirary fittings: The C.p. sanitary fit[iigs & I^LurlJ E fixtures ur quality. 6uuu qud[L]. ofgood I ll l ii ll Extemal Afienilies: i 1. RCC Earthquake resistant consfuction. i l FIFTH SCHEDL'I-E (The nature, extent and description of common areas and facilities) rl, . il Common areas and facilities of immediate area abutting the main entrancd ifi after the landing on the floor, staircase, lift, entrance lobby of the building, other areas which have been provided for common use by the Organization said Residential FlaUApartment hereby agreed to be sold in proportion withir premises on the same floor. In case of the Terrace Flat, the terrace shall hi exclusively to the respective Allottee(s) of the said Residential Flat/A abutting to the terrace. SIXTH SCHEDULE i DESCRIPTION OF THE lE coMMoN COMMON EXPENSES AND DEPOSITS DEPOSTTS l 1. The expenses of maintaini maintaining, repairing, redecomtion, etc. of the itit rnam skucture and in particular the roofs, gutter, and rain water pipes of the building, uuuuuts, water pipes, if warsr prpEs, u axy, any, and electric \ltres ano elecr wires in rn undet uDoni the under and upor! building and enjoyed or used by the Allotree/s in common *iin $tte, occupiers of other flats and main entrance, passages, tanaingd ild staircases, terraces or roofs of the building as enjoyed by the All used by him in common as alore said. 2. The cost of cleaning and lighting the passages, landings, other parts ofthe building or enjoyed or used by the Allottee/s in co as aforesaid. 3. The cost of the decorating the exterior ofthe building. 4. I The cost ofmaintenance ofother lights and services charged. i1 , il 11i i ,:l i'i , [35] 6. Costs ofmaintenanae of lifts, its machinery, baftery backup, etc. 7. Insurance of the building. 8. Such other expenses as are necessary or incidental for the main upkeep of the building/s and the entire project. 9. N.A. Tax after completion ofbuilding. SEVENTH SCHEDULE DESCRIPTION OF THE PROHIBITED AND RESTRICTED AREA 1. Lift Machine Room. 2. Watchmen Room. IN MTNESS respective hands attesting witness, wdtten. SIGNED, AND DELIVERID BY THE WITHIN NAMED PROMOTER Varsha Developer Partnerchip firm Firm through its Proprietor Mr. Pundalik Gokul Sutar IPROMOTERSI SIGNED AND DELIVERED BY THE WITHIN NAMED ALLOTTEE/S l)MR. 2) MRS. IALLOTTEE/SI li t: 'il I I' l:tl {ril 'tj .i t; li i' IN THE PRESENCE OF WITNESSES: 1) Name: Address: 2) Name: Address: Date: