ALLOTMENT LETTER FOR FLAT/ UNIT/ APARTMENT: Promoter: M/s Dream Constructions, Akola A Regd. Partnership Firm – Through its Partner: (a) Sushilkumar S/o Ratanlal Khowal, (b) Mr. Sanjay S/o Purshottam Agrawal, (c) Mr. Shubham S/o Sanjay Agrawal, Allottee Name : ___________________________________ Address : ___________________________________ ___________________________________ Mobile number : ___________________________________ Email-ID : ___________________________________ Dear Sir/Madam We, the Promoter, are pleased to allot you the Flat/Unit/Apartment No: ____ out of Wing No: ___ situated on the ____ Floor of the building known as ‘PRIME TOWERS’, the project situated within the limits of Akola Municipal Corporation upon land bearing nazul sheet number 76 and 76A, bearing Plot No.’s 1/1 (Part admeasuring 217.47 sq. mtrs., Plot No. 1/8 admeasuring 508.4 sq. mtrs. and plot no. 1/3 admeasuring 1003.3 sq. mtrs. total admeasuring 1729.17 sq. mtrs. (18605.86 sq. fts.) which are duly amalgamated by sanctioning authority in case No. L2/61/2015-16. Nature of Document: 1. Whereas the Promoter has developed the site which has the legal right through development agreement bearing Regd. Doc. No. 2339/2018 dt. 05/07/2018, the project named as “PRIME TOWERS” which has the valid permission from the Akola Municipal Corporation, which is the competent Authority for approval of Plans vide Case no: herein after referred to as the “Project” which was registered with AP Real Estate Regulatory Authority vide registered Number __________________ dt. __________ 2. Whereas the Allottee has approached the Promoter to allot Flat/Unit/Apartment in the project mentioned hereinabove, after having duly examined the title and required sanctions/permissions approvals and also having satisfied with the right/title/authority of the promoter to convey the Flat/Unit/Apartment in the Project. 3. The promoter and Allottee have come to a conclusion about the sale price and promoter agreed to allot the Flat/Unit/Apartment. Thereof this Letter of Allotment is issued by the Promoter to Allottee, with the following terms and conditions: 1. The Allottee has paid the Booking amount of Rs............................ to the Promoter vide Cheque / DD / transaction ID: ___________________ 2. The Allottee shall enter in to Registered Agreement for sale before paying the 10% of total cost (Including the Booking Amount) of unit/ Flat/ Apartment. 3. The Allottee is bound by all terms and conditions of the Registered Sale Agreement, which will be executed by the promoter on fulfilment of the conditions of this Allotment Letter in due course of time. 4. In Addition to the sale consideration, as mentioned above, the Allottee shall bear the Stamp Duty and Registration charges of the Sale Agreement and also Conveyance/Sale Deed to be executed by the promoter in respect of the Schedule Flat/ /Unit/Apartment. Further, the Allottee shall bear taxes payable to State and Central Government, if any. 5. All payments to be made in favour of M/s. Dream Construction, payable at Akola, City / District . Bank Name (separate RERA A/c) : A/c No: Branch Name: IFSC Code: Declaration by Allottee : I / we have read and understood the terms and conditions of Agreement of sale prepared by the Promoter, resembling to the standard format with appropriate modifications, as specified in Maharashtra Real Estate (Regulation and Development) Act & Rules framed therein and hereby give my consent to abide and be bound by all the terms and conditions. I / we shall be entitled to an agreement of sale from the Promoter on payment of the Amounts / instalments payable as per agreed terms. Signature of Allottee Promoter / Authorized Signatory Date: Date: AGREEMENT (Urban Area) Zone No. ________ Stamp Duty Paid Rs. ______) (Government Valuation – Rs._______) (Sale Consideration – Rs.________________) (Earnest money paid – Rs.__________________) This Agreement made and executed at Akola on this ____ day of _______, 20__ between- M/s Dream Constructions, Akola A Regd. Partnership Firm – Through its Partner – (a) Sushilkumar S/o Ratanlal Khowal, Aged about 59 years, occp – Business, (PAN No. ADNPK1770B) (b) Mr. Sanjay S/o Purshottam Agrawal, Aged about 56 years, occp – Business, (PAN No. AAYPA2177N) (c) Mr. Shubham S/o Sanjay Agrawal, Aged about 27 years, occp – Business, |1| (PAN No. BEJPA7695B) Having Office – House No. 1/5-3, Ward No. 49-2, Near Birla Gate No. 1, Tapdiya Nagar, Akola - 05 (Hereinafter referred to as the “Promoter/Promoters/Co-Promoter”, which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successor-in-interest, executors, administrators and permitted assignees) …Party of the First Part Dr. Nikhil S/o Arvind Kibe, Aged about 59 years, occp – Medical Practitioner, R/o Oppo. Vitthal Hospital, Jatharpeth Raod, Akola tq. & Dist. Akola (PAN No. ACAPK4184D) (Hereinafter referred to as the “Co-Promoter/Co-Promoters/Co- Promoter”, which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successor-in-interest, executors, administrators and permitted assignees) …Party of the Second Part |2| AND _____________________________________ _____________________________________ _____________________________________ (PAN number – ____________________) (Hereinafter referred to as “Purchaser/Allottee/Allottee”, which expression shall unless repugnant to the context or meaning thereof be deemed to include his heirs, representatives, executors, administrators, successors-in-interest and permitted assigns as well as the members of the said HUF, their heirs, executors, administrators, successors-in-interest and permitted assignees) …Party of the Third Part WHEREAS The Co-Promoter is the owner and jointly in possession with Promoter of land situated within the limits of Akola Municipal Corporation bearing nazul sheet number 76 and 76A, bearing Plot No.’s 1/1 (Part admeasuring 217.47 sq. mtrs., Plot No. 1/8 admeasuring 508.4 sq. mtrs. and plot no. 1/3 admeasuring 1003.3 sq. mtrs. total admeasuring 1729.17 sq. mtrs. (18605.86 sq. fts.) which are duly amalgamated by sanctioning authority in case No. L2/61/2015- 16 and more particularly described in the First Schedule hereunder written (hereinafter referred to as “the Project Land”). That Co- Promoter is the exclusive owner of the said land and has entered into |3| Development Agreement with Promoter vide Regd. Doc. No. 2339/2018 dt. 05/07/2018 AND WHEREAS the Promoters/Co-Promoter are entitled and enjoined upon to construct building on the project land in accordance with the recitals hereinabove; AND WHEREAS the Promoters/Co-Promoter is in possession of the project land; AND WHEREAS the Promoters/Co-Promoter has started construction on the project land of a condominium having 25 (Twenty Five) Commercial Units and 16 (Sixteen) residential apartments in Building No. 1 and having 14 (Fourteen) Residential Apartments in Building No. 2 having total built up area of 4044.258 Sq. Mtrs. to be known as “PRIME TOWERS” AND WHEREAS the Allottee is offered an Apartment/commercial unit bearing No. ___ on ____ floor, (hereinafter referred to as said apartment/commercial unit in the building to be constructed on the project land by the Promoters/Co-Promoter. |4| AND WHEREAS the Promoters/Co-Promoter has entered into a standard Agreement with an Architect registered with the Council of Architects and such Agreement is as per the Agreements prescribed by the Council of Architects; AND WHEREAS the Promoters/Co-Promoter has registered the Project under the provisions of the Act with the Real Estate Regulatory Authority at _________ no___________; authenticated copy is attached in Annexure ‘E’; AND WHEREAS the Promoters/Co-Promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoters/Co-Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building; AND WHEREAS The Promoters/Co-Promoter has sole and exclusive right to sell the shops and apartments constructed/to be constructed by the Promoters/Co-Promoter on the project land and to enter into Agreement/s with the Allottee to receive the sale consideration in respect thereof; AND WHEREAS on demand from the Allottee, the Promoters/Co- Promoter has given inspection to the Allottee of all the documents of |5| title relating to the project land and the plan, designs and specifications prepared by the Promoters/Co-Promoter's Architects – Ar. Sanjeev Jain of Akola and of such other documents as are specified under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made thereunder; AND WHEREAS the authenticated copies of Certificate of Title issued by the Attorney at Law or Advocate of the Promoters/Co-Promoter, authenticated copies of Property card or extract of Form-D or any other relevant revenue record showing the nature of the title of the Promoters/Co-Promoter to the project land on which the Shops and apartments are to be constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively; AND WHEREAS the authenticated copies of the plans sanctioned approved by the Town Planner, Akola Municipal Corporation, in case number 14/159/20-21 on 40/04/2021 under the provisions of the Maharashtra Regional and Town Planning Act has been annexed hereto and marked as Annexure C; AND WHEREAS the Promoters/Co-Promoter has got the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building/s and shall obtain the balance approvals from various authorities from time to time, so as to |6| obtain Building Completion Certificate or Occupancy Certificate of the said Building; AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoters/Co-Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority; AND WHEREAS the Promoters/Co-Promoter has accordingly commenced construction of the said building/s in accordance with the said sanctioned plans; AND WHEREAS the Allottee has requested to the Promoters/Co- Promoter for allotment of a shop/apartment constructed on the project land; AND WHEREAS the carpet area of the said shop/apartment is ______ square meters and "carpet area" means the net usable floor area of the shop/apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said |7| shop/apartment for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said shop/apartment for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the apartment; AND WHEREAS, the Parties relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, 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, prior to the execution of these presents the Allottee has paid to the Promoters/Co-Promoter a sum of Rs..................... (Rupees ...................) only, being part payment of the sale consideration of the shop/apartment agreed to be sold by the Promoters/Co-Promoter to the Allottee as advance payment (the payment and receipt whereof the Promoters/Co-Promoter both hereby admit and acknowledge) and the Allottee has agreed to pay to the Promoters/Co-Promoter the balance of the sale consideration in the manner hereinafter appearing; AND WHEREAS, the Promoters/Co-Promoter has registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at no. _________; |8| AND WHEREAS, under section 13 of the said Act the Promoters/Co- Promoter is required to execute a written Agreement for sale of said shop/apartment with the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908; In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoters/Co-Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the (Apartment/Shop). NOW THEREFOR, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoters/Co-Promoter has constructed said condominium Building on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. All reference as ‘Apartment Building’ hereinafter in the agreement, unless repugnant to the context, shall be construed as reference to the ‘Apartment’ building alongwith the ‘project land’ thereunder. Provided that the Promoters/Co-Promoter shall have to obtain prior consent in writing of the Allottee only in respect of variations or modifications which may adversely affect the shop/apartment except |9| any alteration or addition required by any Government authorities or due to change in law. 1 (a) The Allottee hereby agrees to purchase from the Promoters/Co- Promoter and the Promoters/Co-Promoter hereby agrees to sell to the Allottee Shop/Apartment having carpet area admeasuring ________ sq. meters as shown in the Annexure C for the total consideration of Rs. ____________(Rs. __________). 1(b) The Allottee shall make payment to the Promoters/Co-Promoter the total amount of consideration in instalments in the following manner :- 1 (a) The Allottee hereby agrees to purchase from the Vendor and the Vendor hereby agrees to sell to the Allottee Shop/Apartment having carpet area admeasuring .................... sq. metres as shown in the Annexure C for the consideration of Rs. .................... 1(b) The Allottee has paid on or before execution of this agreement a sum of Rs __________ (Rupees ________________________ only) (not exceeding 10% of the total consideration) as advance payment and hereby agrees to pay to that Vendor the balance amount of Rs ............................( Rupees ......................................) in the following manner :- |10| i. Amount of Rs......../-(........) (not exceeding 30% of the total consideration) to be paid to the Vendor after the execution of Agreement ii. Amount of Rs......./-(..........) (not exceeding 45% of the total consideration) to be paid to the Vendor on completion of the Plinth of the building. iii. Amount of Rs....../-(...........) (not exceeding 70% of the total consideration) to be paid to the Vendor on completion of the slabs including podiums and stilts of the building. iv. Amount of Rs......./-(.............) (not exceeding 75% of the total consideration) to be paid to the Vendor on completion of the walls, internal plaster, floorings doors and windows of the said shop/apartment. v. Amount of Rs........./- (...........) (not exceeding 80% of the total consideration) to be paid to the Vendor on completion of the Sanitary fittings, staircases, lift wells, lobbies uptothe floor level of the said shop/apartment. vi. Amount of Rs....../-(.....) ( not exceeding 85% of the total consideration) to be paid to the Vendor on completion of the external plumbing and external plaster, elevation, terraces with waterproofing, of the shop/apartment. vii. Amount of Rs......./-(...........) (not exceeding 95% of the total consideration) to be paid to the Vendor on completion of the water pumps, electrical fittings, electro, mechanical and environment |11| requirements, entrance lobby, plinth protection, paving of areas appertain and all other requirements as may be prescribed in the Agreement of sale of the shop/apartment. viii. Balance Amount of Rs...../-(............) against and at the time of handing over of the possession of the shop/apartment to the Allottee on or after receipt of occupancy certificate or completion certificate. iii. Balance Amount of Rs...../-(............) against and at the time of handing over of the possession of the shop/apartment to the Allottee on or after receipt of occupancy certificate or completion certificate. 1(d) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoters/Co-Promoter/Allottee by way of Goods and Service Tax and Cess or any other similar taxes which may be levied, in connection with the construction of and carrying out the Project payable by the Promoters/Co-Promoter) up to the date of handing over the possession of the shop/apartment. 1(e) The Total Price is escalation-free, save and except escalations/increases, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority Local Bodies/Government from time to time. The Promoters/Co-Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost, or |12| levies imposed by the competent authorities etc., the Promoters/Co- Promoter shall enclose the said notification/order/rule/regulation published/issued in that behalf to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. 1(f) The Promoters/Co-Promoter may allow, in its sole discretion, a rebate for early payment of equal instalments payable by the Allottee by discounting such early payments @__% per annum for the period by which the respective instalment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the promoter. 1(g). The Promoters/Co-Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area, subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoters/Co-Promoter. If there is any reduction in the carpet area within the defined limit then Promoters/Co-Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoters/Co-Promoter |13| shall demand additional amount from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause 1(a) of this Agreement. 1(h) The Allottee authorizes the Promoters/Co-Promoter to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if any, in his/her name as the Promoters/Co-Promoter may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Promoters/Co- Promoter to adjust his payments in any manner. 2.1 The Promoters/Co-Promoter hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the shop/apartment to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the shop/apartment. 2.2 Time is essence for the Promoters/Co-Promoter as well as the Allottee. The Promoters/Co-Promoter shall abide by the time schedule for completing the project and handing over the shop/apartment to the Allottee after receiving the occupancy certificate or the completion certificate or both, as the case may be. |14| Similarly, the Allottee shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoters/Co-Promoter as provided in clause 1(b) herein above. (“Payment Plan”). 3. The Promoters/Co-Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is ..................... square meters only and Promoters/Co-Promoter has planned to utilize Floor Space Index of ______. The Promoters/Co-Promoter has disclosed the Floor Space Index of _______ as proposed to be utilized by him on the project land in the said Project and Allottee has agreed to purchase the said shop/apartment based on the proposed construction and sale of shop/apartment to be carried out by the Promoters/Co-Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoters/Co-Promoter only. That the building area does not cover the total FSI available today. The Promoters/Co-Promoter shall be entitled to utilize the balance FSI and additional FSI, TDR and make such or otherwise permissible construction of additional shops or residential units, as per sanction of the Municipal Corporation. 4.1 If the Promoters/Co-Promoter fails to abide by the time schedule for completing the project and handing over the shop/apartment to the Allottee, the Promoters/Co-Promoter agrees to pay to the Allottee, |15| who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till the handing over of the possession. The Allottee agrees to pay to the Promoters/Co-Promoter, interest as specified in the Rule, on all the delayed payment which become due and payable by the Allottee to the Promoters/Co-Promoter under the terms of this Agreement from the date the said amount is payable by the allottee(s) to the Promoters/Co-Promoter. 4.2 Without prejudice to the right of Promoters/Co-Promoter to charge interest in terms of sub clause 4.1 above, on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoters/Co-Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the allottee committing three defaults of payment of instalments, the Promoters/Co-Promoter shall at his own option, may terminate this Agreement: Provided that, Promoters/Co-Promoter shall give notice of fifteen days in writing to the Allottee, by Registered Post AD at the address provided by the allottee and mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoters/Co-Promoter within the period of notice then at the end of such notice period, Promoters/Co-Promoter shall be entitled to |16| terminate this Agreement. Promoters/Co-Promoter shall refund to the Allottee (subject to adjustment and recovery of agreed liquidated damages i.e. 30% of the total amount paid by allottee or any other amount which may be payable to Promoters/Co-Promoter) within a period of thirty days of the termination, the instalments of sale consideration of the shop/Apartment which may till then have been paid by the Allottee to the Promoters/Co-Promoter. 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like one or more lifts with particular brand, or price range (if unbranded) to be provided by the Promoters/Co- Promoter in the said building and the shop/apartment as are set out in Annexure 'D', annexed hereto. 6. The Promoters/Co-Promoter shall give possession of the shop/apartment to the Allottee on or before 31st day of March, 2024. If the Promoters/Co-Promoter fails or neglects to give possession of the shop/apartment to the Allottee on account of reasons beyond his control and of his agents by the aforesaid date then the Promoters/Co- Promoter shall be liable on demand to refund to the Allottee the amounts already received by him in respect of the shop/apartment with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the Promoters/Co-Promoter received the sum till the date the amounts and interest thereon is repaid. |17| Provided that the Promoters/Co-Promoter shall be entitled to reasonable extension of time for giving delivery of shop/apartment on the aforesaid date, if the completion of building in which the shop/apartment is to be situated is delayed on account of - (i) war, civil commotion or act of God ; (ii) any notice, order, rule, notification of the Government and/or other public or competent authority/court. 7.1 Procedure for taking possession - The Promoters/Co-Promoter, upon obtaining the occupancy certificate from the competent authority and the payment made by the Allottee as per the agreement shall offer in writing the possession of the shop/apartment, to the Allottee in terms of this Agreement to be taken within 3 (three months from the date of issue of such notice and the Promoters/Co-Promoter shall give possession of the shop/apartment to the Allottee). The Promoters/Co-Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoters/Co-Promoter. The Allottee agrees to pay the maintenance charges as determined by the promoter. The Promoters/Co-Promoter on its behalf shall offer the possession to the Allottee in writing within 7 days of receiving the occupancy certificate of the Project. 7.2 The Allottee shall take possession of the shop/apartment within 15 days of the written notice from the promotor to the Allottee |18| intimating that the said shop/apartment are ready for use and occupancy: 7.3 Failure of Allottee to take Possession of shop/apartment: Upon receiving a written intimation from the Promoters/Co-Promoter as per clause 8.1, the Allottee shall take possession of the shop/apartment from the Promoters/Co-Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoters/Co-Promoter shall give possession of the shop/apartment to the allottee. In case the Allottee fails to take possession within the time provided in clause 8.1 such Allottee shall continue to be liable to pay maintenance charges as applicable. 7.4 If within a period of six months from the date of handing over the shop/apartment to the Allottee, the Allottee brings to the notice of the Promoters/Co-Promoter any structural defect in the shop/apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoters/Co-Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoters/Co-Promoter, compensation for such defect in the manner as provided under the Act. |19| 8. The Allottee shall use the shop/apartment or any part thereof or permit the same to be used only for purpose of commercial/residential purposes, as the case may be. 9. The Allottee shall on or before delivery of possession of the said premises keep deposited with the Promoters/Co-Promoter, the following amounts :- (i) Rs. _______ for Deposit towards Water, Electric, and other utility and services connection charges & (ii) Rs ________ for deposits of electrical receiving and Sub Station provided in Layout (iii) Rs. _______ for deposit towards proportionate maintenance charges of the building. 10. The Allottee shall pay to the Promoters/Co-Promoter a sum of Rs. ________ for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at- Law/Advocates of the Promoters/Co-Promoter. 11. REPRESENTATIONS AND WARRANTIES OF THE PROMOTERS/CO-PROMOTER |20| The Promoters/Co-Promoter hereby represents and warrants to the Allottee as follows: i. The Promoters/Co-Promoter has clear and marketable title with respect to the project land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the Project; ii. The Promoters/Co-Promoter has lawful rights and 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 of the project; iii. There are no encumbrances upon the project land or the Project; iv. There are no litigations pending before any Court of law with respect to the project land or Project; v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said building/wing 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 |21| Project, project land and said building/wing shall be obtained by following due process of law and the Promoters/Co-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/wing and common areas; vi. The Promoters/Co-Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; vii. The Promoters/Co-Promoter has not entered into any agreement for sale and/or development agreement or any other agreement /arrangement with any person or party with respect to the project land, including the Project and the said shop/apartment which will, in any manner, affect the rights of Allottee under this Agreement; viii. The Promoters/Co-Promoter confirms that the Promoters/Co- Promoter is not restricted in any manner whatsoever from selling the said shop/apartment to the Allottee in the manner contemplated in this Agreement; x. The Promoters/Co-Promoter has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and |22| taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; x. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoters/Co- Promoter in respect of the project land and/or the Project except those disclosed in the title report. 12. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the shop/apartment may come, hereby covenants with the Promoters/Co-Promoter as follows :- i. To maintain the shop/Apartment at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the shop/Apartment is taken and shall not do or suffer to be done anything in or to the building in which the shop/Apartment is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the shop/apartment is situated and the shop/apartment itself or any part thereof without the consent of the local authorities, if required. |23| ii. Not to store in the shop/apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the shop/apartment objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages, or any other structure of the building in which the apartment is situated, including entrances of the building in which the apartment is situated and in case any damage is caused to the building in which the apartment is situated or the apartment on account of the negligence or default of the allottee in this behalf, the allottee shall be liable for the consequences of the breach. iii. To carry out at his own cost all internal repairs to the said shop/apartment and maintain the shop/apartment in the same condition, state and order in which it was delivered by the Promoters/Co-Promoter to the Allottee and shall not do or suffer to be done anything in or to the building in which the shop/apartment is situated or the shop/apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. |24| iv. Not to demolish or cause to be demolished the shop/apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the shop/apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the shop/apartment is situated and shall keep the portion, sewers, drains and pipes in the shop/apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the shop/apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the shop/apartment without the prior written permission of the Promoters/Co-Promoter and/or the Society or the Limited Company. v. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building or whereby any increased premium shall become payable in respect of the insurance. vi. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said shop/apartment in the compound or any portion of the project land and building in which the apartment is situated. |25| vii. Pay to the Promoters/Co-Promoter within fifteen days of demand by the Promoters/Co-Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the shop/apartment. viii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the shop/apartment by the Allottee for any purposes other than for purpose for which it is sold. ix. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the shop/apartment until all the dues payable by the Allottee to the Promoters/Co-Promoter under this Agreement are fully paid up. 13. The Promoters/Co-Promoter shall maintain a separate account in respect of sums received by the Promoters/Co-Promoter from the Allottee as advance or deposit, sums received on towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. |26| 14. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said shop/apartment or of the said Project Land and Building or any part thereof. The Allottee shall have no claim save and except in respect of the shop/apartment hereby agreed to be sold to him. 15. PROMOTERS/CO-PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoters/Co-Promoter executes this Agreement he shall not mortgage or create a charge on the Project Land or the Building and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the Allottee who has taken or agreed to take such shop/apartment . 16. BINDING EFFECT Forwarding this Agreement to the Allottee by the Promoters/Co- Promoter does not create a binding obligation on the part of the Promoters/Co-Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for |27| registration of the same before the concerned Sub- Registrar as and when intimated by the Promoters/Co-Promoter. If the Allottee(s) fails to execute and deliver to the Promoters/Co-Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoters/Co-Promoter, then the Promoters/Co-Promoter shall serve a notice to the Allottee for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Allottee, application of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest or compensation whatsoever. 17. ENTIRE AGREEMENT This Agreement, along with its schedules and annexures, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said plot/building, as the case may be. 18. RIGHT TO AMEND |28| This Agreement may only be amended through written consent of the Parties. 19. PROVISIONS OF THIS AGREEMENT APPLICABLE TO ALLOTTEE / SUBSEQUENT ALLOTTEES It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the shop/apartment shall equally be applicable to and enforceable against any subsequent Allottees of the shop/apartment , in case of a transfer, as the said obligations go along with the shop/apartment for all intents and purposes. 20. SEVERABILITY If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 21. FURTHER ASSURANCES |29| Both Parties agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 22. PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Promoters/Co-Promoter through its authorized signatory at the Promoters/Co-Promoter’s Office, or at some other place, which may be mutually agreed between the Promoters/Co- Promoter and the Allottee, in after the Agreement is duly executed by the Allottee and the Promoters/Co-Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at Akola. 23. The Allottee and/or Promoters/Co-Promoter shall present this Agreement at the proper registration office of registration within the time limit prescribed by the Registration Act and the Promoters/Co- Promoter will attend such office and admit execution thereof. |30| 24. That all notices to be served on the Allottee and the Promoters/Co- Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoters/Co-Promoter by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below: Name of Allottee : Address : Notified Email ID:___________ What’s App Mobile No. _____________ M/s Dream Constructions, Akola Having Office – House No. 1/5-3, Ward No. 49-2, Near Birla Gate No. 1, Tapdiya Nagar, Akola - 05 Email ID - It shall be the duty of the Allottee and the Promoters/Co-Promoter to inform each other of any change in address subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the Promoters/Co- Promoter or the Allottee, as the case may be. |31| 25. JOINT ALLOTTEES That in case there are Joint Allottees all communications shall be sent by the Promoters/Co-Promoter to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees. 26. Stamp Duty and Registration :- The charges towards stamp duty and Registration of this Agreement shall be borne by the allottee. 27. Dispute Resolution :- Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder or the Arbitration of the Sole Arbitrator ___________ whose decision shall be final and binding upon the parties. The matter shall be governed by the provisions of Arbitration & conciliation Act, 1996. 28. GOVERNING LAW That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with |32| the laws of India for the time being in force and the Akola courts will have the jurisdiction for this Agreement IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement for sale at Akola in the presence of attesting witness, signing as such on the day first above written. FIRST SCHEDULE ABOVE REFERRED TO All those piece or parcels of land bearing Sheet No. 76 and 76A bearing Plot No.s 1/1 (part) admeasuring 217.47, Plot No. 1/8 admeasuring 508.4 sq. mtrs. and plot no. 1/3 admeasuring 1003.3 sq. mtrs. total admeasuring 1729.17 sq. mtrs. (18605.86 sq.fts) which are duly amalgamated by the sanctioning authority in case no. L2/61/2015x2016 situated in the area popularly known as Jatharpeth Road, Akola, tq. & Dist. Akola within the limits of Akola Municipal Corporation, Akola surrounded from : On or towards the East : By Land of Shri. Nande & Shri. Agrawal On or towards the West : By Service Lane & thereafter Land of Shri. Oak, Shri. Praful Sangvi & Otrs. On or towards the South : By Durga Chowk to Jatharpeth Road, On or towards the North : By Property of Shri. Heda & Otrs. SECOND SCHEDULE ABOVE REFERRED TO |33| An shop/apartment bearing shop/apartment number ____ consisting of kitchen, living room, bed room, study room, having areas as:- i) Kitchen – __ x__ = ____ Sq. Mtrs. ii) Living Room –__ x__ = ____ Sq. Mtrs. iii) Bedroom 1 -__ x__ = ____ Sq. Mtrs. iv) Bedroom 2 - __ x__ = ____ Sq. Mtrs. v) Toilet 1 - __ x__ = ____ Sq. Mtrs. vi) Toilet 2 -__ x__ = ____ Sq. Mtrs. vii) Balcony 1 - __ x__ = ____ Sq. Mtrs. viii) Balcony 2 - __ x__ = ____ Sq. Mtrs. Total Carpet Area - __ x__ = __Sq. Mtrs. (in case of Shop only Carpet Area) SIGNED AND DELIVERED BY THE WITHIN NAMED Witness _______________________ 1.________________ (Promoters/Co-Promoter) 2._____________________ _______________________ ALLOTTEE |34|