1 Annexure „A‟ Model Form of Agreement to be entered into between Promoter and Allottee(s) (See rule 10(1)) EXPLANATORY NOTE This is a model form of Agreement, which may be modified and adapted in each case having regard to the facts and circumstances of respective case but in any event, matter and substance mentioned in those clauses, which are in accordance with the statute and mandatory according to the provisions of the Act shall be retained in each and every Agreement executed between the Promoter and Allottee. Any clause in this agreement found contrary to or inconsistent with any provisions of the Act, Rules and Regulations would be void ab-initio. AGREEMENT OF SALE (Market value Rs. ____________/-) (Valuation Column No.______, rate per sq. meter Rs.________/-) (Valuation as per ready reckoner Rs. ____________/-) (Deed of Declaration registered on _____________ at Sr. No.________) (Stamp duty Rs._____________/-) ********************************************************************* This AGREEMENT OF SALE is executed at Amravati on this ________, Day of ____________, 2024. BETWEEN ANNAPOORNA CONSTRUCTION through its Karta of HUF Proprietor Mr. Rajesh Gurbani Age - 53 years address Near Gayatri Bhavan, Jalaram Nagar, Aadarsh Colony, Akola 444001, Mobile no. 7370095006 HEREINAFTER referred to as “THE PROMOTERS / OWNERS / DEVELOPERS” (Which expression shall unless excluded by or repugnant to the context or meaning thereof be deemed to include their heirs, successors, executors, representatives, administrators, assigns, etc.) of the FIRST PART. AND 2 1.Mr. ………………………... Age - ….. Years, Occ. – …………… PAN NO. – …………………… 2.Mrs. ………………………... Age - ….. Years, Occ. – …………… PAN NO. – …………………… Both Residing at.- …………………………….. HEREINAFTER referred to as “THE ALLOTTEE” (Which expression, shall unless excluded by or repugnant to the context or meaning thereof be deemed to include their heirs, executors, representatives, administrators, assigns, etc.) of the SECOND PART. 01) WHEREAS the City Survey No. 70 Plot No. 7/59 area admeasuring 418.22 Sq. Mtr situated at Akola, Tal & District Akola within the limits of Akola Municipal Coorporation, is purchased by the Owner from Vivekanand Vasantrao Vathurkar and Jayprakash Vasantrao Vathurkar on 29/11/2023 the said sale deed is registered in the office of the Sub- Registrar Akola at Sr. no. 5109/2023 and City Survey No. 70 Plot No. 7/60A area admeasuring 217.93 Sq. Mtr situated at Akola, Tal & District Akola within the limits of Akola Municipal Corporation is purchased by the Owner from Meena Vamanrao Vathurkar, Harshad Vamanrao Vathurkar, Sharad Vamanrao Vathurkar and Prafull Vamanrao Vathurkar on 29/11/2023 the said sale deed is registered in the office of the Sub-Registrar Akola at Sr. no. 5110/2023. the names of the owner is also entered in the City Survey extract Hereinafter referred to as the “Said Plot” 02) WHEREAS pursuance of the said sale deeds the owner have acquired the title, possession, interest, etc. in the said plots. And the said owner have absolute right and liberty to transfer or otherwise 3 dispose of the said plot in any manner as they like. The owner was interested in developing the said property so the owner made an application with the Akola Municipal Corporation for amalgamation of the said plots. The application for amalgamation was approved by the Akola Municipal Corporation vide letter dt. 26/06/2024 bearing no. DDMCO/SA/2024/APL/01576. 03) WHEREAS the Developer/Owner has launched a scheme of construction of a building consisting of Flats/ tenements to be sold on ownership basis and generally float a scheme called as an ownership of flats scheme by submitting the said property to the provision of the Maharashtra Co-operative Housing Society Act/Maharashtra Apartment Ownership Act 1970. 04) WHEREAS the Developers/Owner have got prepared the building plan for the construction of building and the same have been sanctioned by the Akola Municipal Corporation vide sanction of Building Permit & Commencement Certificate DDMCO/B/2024/APL/06059 dated 06/12/2024. 05) WHEREAS the title of the said Developers / Owners to the said property is clear and marketable, transferable and title certificate in respect of the same has been issued by the Advocate of the said owner. 06) WHEREAS the Developers / Owners having rights as aforesaid proposed a scheme of ownership of flats to be sold on ownership basis. 07) WHEREAS the building under construction shall be known as "VELVET PARK" (Hereinafter referred to as the “said Building”) 08) WHEREAS each allottee of respective premises has to pay and bear the outgoings individually or in common as shown hereunder. 09) WHEREAS the Developers / Owners have appointed Mr. Navin Gurbani as Architect registered with the Council of Architects and have 4 appointed Mr. Suraj Mahalle as Structural Engineer for the preparation of the structural design and drawings of the building and the Developers / Owners shall accept the professional supervision of the Architect and the Structural Engineer till the completion of the said building. 10) WHEREAS the promoter has registered the said building under the provisions of the Act with Real Estate Regulatory Authority at Maha Rera no …………………. authenticated copy is attached in herewith. 11) WHEREAS the allottee herein along with the other ALLOTTEE of flats/ apartment units in the building shall join in forming Society under the provision of the Maharashtra Co-operative Society Act, or forming apartment & the rules made there under and also from time to time sign and execute the applications for registration and / or membership and other papers and documents necessary for the formation and the registration of the condominium and for becoming a member including the bye – laws of the proposed Association of Society. 12) WHERES the plans and specifications have been displayed for the inspection of the ALLOTTEE at the site and also in the office of the Developers / Owners. 13) WHEREAS the Developers / Owners shall be executing the agreement of like nature with other prospective ALLOTTEE of the other constructed areas / premises, it is specifically agreed by the ALLOTTEE that their ownership right is restricted to the said flat as mentioned in the schedule II of the present agreement and they shall not have any kind of exclusive right, interest or claim over the open space or the other constructed premises being constructed on the said property and which have not been declared as the common areas by the Developers. 14) WHEREAS the ALLOTTEE with an intention to purchase the constructed premises in the said building demanded inspection of the documents mentioned hereinabove including the Sale Deeds, Approved Plans, Permissions etc. That, the ALLOTTEE on perusing the same and being satisfied about the title of the Developers and the ownership of the 5 said plots, rights of the Developers to develop the said plots and to sell the constructed areas showed their desire of purchasing the constructed unit in the said building demanded all the necessary documents for verifying the title of the said plot and the premises to be constructed over it. That, the Developers accordingly handed over the documents as mentioned hereafter and the ALLOTTEE hereby admit that they have received the copies of the following documents viz : (1) 7/12 extracts & mutation entries, (2) Commencement certificate (3)Title Certificate, (4) Approved Building plan of premises mentioned in the schedule II hereunder written and that the ALLOTTEE admit to have received the copies thereof, which are not annexed with the present agreement. 15) WHEREAS the Developers / Owners undertake to comply with all the terms and conditions of the sanctioned orders and get the renewals thereof as and when required. The Developers further undertake to obtain Building Completion Certificate from Akola Municipal Corporation, at their own cost & expenses. The ALLOTTEE being desirous & interested of purchasing and acquiring on ownership basis a unit from the Developers approached the Developers with such a proposal. NOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter shall construct the said building consisting of Ground Floor and Five Upper Floors on the said project land bearing Plot No. 7/59+7/60A from out of City Survey No. 70 of Mouje Akola, Tq. & Dist. Akola, admeasuring 636.15 square meters (6847.46 square feet) in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Provided that the Promoter shall have to obtain prior consent in writing of the Allottee in respect of variations or modifications which may adversely affect the Shop/Apartment of the Allottee except any alteration or addition required by any Government authorities or due to change in law. l.a (i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee, Shop/Apartment No._____ having the carpet area admeasuring ______ sq. meters (built up 6 area of _______ sq.mt.) situated in the __________ on the _______ Floor of the building “VELVET PARK (hereinafter referred to as "the Apartment") as shown in the Floor plan thereof hereto annexed and marked Annexure C-l and C-2 for the consideration of Rs. _________/- (Rupees _____________________________ only) including the price of the common areas and facilities appurtenant to the premises, the nature extent and description of the common areas and facilities which are more particularly described in the Second Schedule annexed herewith. (ii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee garage bearing Nos____admeasuring _______sq. ft. having ________ ft. length x __________ ft. breath x___________ ft. vertical clearance and situated at Basement and/or stilt and /or_podium being constructed in the layout for the consideration of Rs. _______/- (iii) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee covered parking spaces bearing Nos admeasuring _______sq. ft. having ________ ft. length x __________ ft. breath x___________ ft. vertical clearance and situated at Basement and/or stilt and /or podium being constructed in the layout for the consideration of Rs. /- l(b) The total aggregate consideration amount for the Shop/Apartment including covered parking space provided as per the sanctioned building plan is thus Rs. _________/- (Rupees __________ __________________ only). l(c) 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 or application fee and hereby agrees to pay to that Promoter the balance amount of Rs __________ (Rupees ________________________ only) and shall be deposited in RERA Designated Collection Bank Account 777705802607, ICICI Bank Ltd. Bank, Durga Chowk Akola Branch having IFS Code ICIC0000520 situated at Shubhlaxmi Apartment, Opp Vidyut Bhavan, Ratanlal Plots, Durga Chowk, Akola – 444 001.In addition to the above bank account, I/we have opened in the same bank, RERA Designated Separate Bank Account and RERA Designated Transaction Bank Account having Account No. 777705802608 and 777705802609, respectively. Allottee hereby agrees to pay to that Promoter the said balance amount in following manner:- 7 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% of the total consideration) to be paid to the Promoter on completion of the Plinth of the building iii. Amount of Rs __________ (Rupees ____________________ only) (not exceeding 70% of the total consideration) to be paid to the Promoter on completion of the slabs and stilts of the building. iv. Amount of Rs __________ (Rupees ____________________ only) (not exceeding 75% of the total consideration) to be paid to the Promoter on completion of the walls, internal plaster, floorings doors and windows of the said Apartment. v. Amount of Rs __________ (Rupees ____________________ only) (not 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 Apartment. vi. Amount of Rs __________ (Rupees ____________________ only) (not exceeding 85% of the total consideration) to be paid to the Promoter on completion of the external plumbing and external plaster, elevation, terraces with waterproofing, of the building. vii. Amount of Rs __________ (Rupees ____________________ only) (not exceeding 95% of the total consideration) to be paid to the Promoter on completion of the lifts, water pumps, electrical fittings, entrance lobby/s, plinth protection, paving of areas appertain and all other requirements as may be prescribed in the Agreement of sale of the building. viii. Balance Amount of Rs __________ (Rupees __________________ only) against and at the time of handing over of the possession of the 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 Promoter by way of GST or any other similar taxes which may be levied, in connection with the construction of and carrying 8 out the Project payable by the Promoter) up to the date of handing over the possession of the Shop/Apartment. l(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 Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost, or levies imposed by the competent authorities etc., the 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. l(f) The Promoter may allow, in its sole discretion, a rebate for early payments 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. l(g) The Promoter shall confirm the final carpet area of the shop/apartment 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 Promoter. If there is any reduction in the carpet area within the defined limit then 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 Promoter 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 l(a) of this Agreement. l(h) The Allottee authorizes the 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 Promoter may in its' sole 9 discretion deem fit and the Allottee undertakes not to object/demand /direct the Promoter to adjust his payments in any manner. 2.1 The 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 Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the Shop/Apartment to the Allottee and the common areas to the Association of the allottees after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly the Allottee shall make timely payments of the installment and other dues payable by him/her and meeting other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in clause 1(c) herein above. ("Payment Plan") 4.1 If the Promoter fails to abide by the time schedule for completing the project and handing over the Shop/Apartment to the Allottee the Promoter agrees to pay to the Allottee 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 Promoter, interest as per rules, on all the delayed payment which shall become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the allottee(s) to the Promoter. 4.2 Without prejudice to the right of 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 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 installments, the Promoter shall at its own option, may terminate this Agreement: Provided that, the 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 10 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 Promoter within the period of notice then at the end of such notice period, promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Allottee within a period of thirty days of the termination, the installments of sale consideration of the Shop/Apartment which may till then have been paid by the Allottee to the 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 Promoter in the said building and the Shop/Apartment as are set out in Annexure 'E' annexed hereto. 6. The Promoter shall give possession of the Shop/Apartment to the Allottee on or before 31st day of December 2031. If the 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 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 Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the 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 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 11 Agreement to be taken within 3 (three) months from the date of issue of such notice and the Promoter shall give possession of the Shop/Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter or association of allottees, as the case may be. The 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 promoter to the Allottee intimating that the said Shop/Apartment are ready for use and occupancy. However, the promoter would be under obligation to hand over the common areas and facilities of the building to the Association of the “VELVET PARK CONDOMINIUM” till 30th June 2032. The allottee do hereby agree that the allottee shall not be entitled to refuse to take the possession of the Shop/Apartment agreed to be purchased by him on the ground of non-completion of the common areas and facilities of the building described in Second Schedule hereto till 30th June 2032. 7.3 Failure of Allottee to take Possession of Shop/Apartment : Upon receiving a written intimation from the Promoter as per clause 7.1, the Allottee shall take possession of the Shop/Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement and the 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 7.1 such Allottee shall continue to be liable to pay maintenance charges as applicable. 7.4 If within a period of five years from the date of handing over the Apartment to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Apartment or the building in which the 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 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 Promoter, compensation for such defect in the manner as provided under the Act. 12 8. The Allottee shall use the Shop/Apartment or any part thereof or permit the same to be used only for purpose of business/residence. The allottee shall use the parking space only for purpose of keeping or parking vehicle. 9. The Allottee along with other allottee(s) of Shops/Apartments in the building shall join in forming the Association to be known as “VELVET PARK CONDOMINIUM” and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Association and for becoming a member, including the byelaws of the proposed Society and duly fill in, sign and return to the Promoter within seven days of the same being forwarded by the Promoter to the Allottee, so as to enable the Promoter to register the common organization of Allottee. No objection shall be taken by the Allottee if any, changes or modifications are made in the draft bye- laws, or the Memorandum and/or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. The allottee and all other allottees of the shop/apartments in the building “VELVET PARK” shall elect amongst themselves, the office bearers of the “VELVET PARK CONDOMINIUM” for the proper management of the condominium and maintenance of the common areas and facilities of the building. No objection shall be taken by the Allottee if any, changes or modifications are made in the bye-laws. 9.1 The Promoter shall, within three months of registration of the Society or Association or Limited Company, as aforesaid, cause to be transferred to the society or Limited Company all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the said structure of the Building or wing in which the said Apartment is situated. 9.2 The Promoter shall, within three months of registration of the Federation/apex body of the Societies or Limited Company, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the project land on which the building with multiple wings or buildings are constructed. 13 9.3 Within 15 days after notice in writing is given by the Promoter to the Allottee that the Apartment is ready for use and occupancy, the Allottee 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 and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building/s. Until the Society or Limited Company is formed and the said structure of the building/s or wings is transferred to it, the Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee's share is so determined the Allottee shall pay to the Promoter provisional monthly contribution of Rs. ......... per month towards the outgoings. The amounts so paid by the Allottee to the Promoter shall not carry any interest and remain with the Promoter until a conveyance/assignment of lease of the structure of the building or wing is executed in favor of the society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 10.1 Within 15 days after notice in writing is given by the Promoter to the Allottee that the Shop/Apartment is ready for use and occupancy, the Allottee shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Shop/Apartment) of outgoings in respect of the project land and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, watchman, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building. 11. The Allottee shall on or before delivery of possession of the said premises keep deposited with the Promoter, the following amounts : (i) Rs.1,000/- for share money of the Association. 14 (ii) Rs.1,000/- for formation of the Association. (iii) Requisite amount for proportionate share of taxes and other charges, levies in respect of the Association. (iv) Requisite amount for deposit towards Water, Electric, and other utility and services connection charges. 12. The Allottee shall pay to the Promoter, a sum of Rs.5,000/- for meeting all legal costs charges and expenses including professional costs of the Attorney at Law/Advocates of the Promoter in connection with formation of the Association and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance. 12. At the time of registration of conveyance of the structure of the building, the Allottee shall pay to the Promoter, the amount of stamp duty and registration charges payable on such conveyance or any document or instrument of transfer in respect of the structure of the said Building. At the time of registration of conveyance of the project land, the Allottee shall pay to the Promoter, the amount of stamp duty and registration charges payable, on such conveyance of project land. In case the allottee would fail to pay the amount of stamp duty and registration charges to the promoter within seven days from the date of demand, then the allottee shall be to pay the penalty to the promoter @ Rs.500/- per day. 13. Representations and Warranties of the Promoter— The Promoter hereby represents and warrants to the Allottee as follows: (i) The 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 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 except those disclosed in the title report; 15 (iv) There are no litigations pending before any Court of law with respect to the project land or Project except those disclosed in the title report; (v) 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 building 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 common areas; (vi) The 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 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 Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Shop/Apartment to the Allottee in the manner contemplated in this Agreement; (ix) At the time of execution of the conveyance deed, the Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Allottees; (x) The Promoter has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and 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; (xi) 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 16 the Promoter in respect of the project land and/or the Project except those disclosed in the title report. 14. The Allottee/s for himself/themselves with intention to bring all persons into whomsoever hands the Shop/Apartment may come, hereby covenants with the 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 the 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. (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 building in which the Shop/Apartment is situated or storing of which goods is 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 Shop/Apartment is situated, including entrances of the building in which the Shop/Apartment is situated and in case any damage is caused to the building in which the Shop/Apartment is situated or the Shop/Apartment on account of 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 or state and order in which it was delivered by the 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 17 thereof to the concerned local authority and/or other public authority. (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 Promoter and/or the Association. (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 in which the Shop/Apartment is situated or any part thereof 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 the building in which the Shop/Apartment is situated. (vii) Pay to the Promoter within fifteen days of demand by the 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 building in which the Shop/Apartment is situated. (vii) 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. 18 (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 Promoter under this Agreement are fully paid up. (x) The Allottee shall observe and perform all the rules and regulation which the Association may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Shops/Apartments therein and for the observance and performance of the Building Rules, Regulations and Bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid down by the Association regarding the occupancy and use of the Shop/Apartment in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out- goings in accordance with the terms of this Agreement. (xi) Till the conveyance of the structure of the building in which Shop/Apartment is situated is executed in favor of Allottee, the Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof. (xii) Till a conveyance of the project land on which the building in which Shop/Apartment is situated is executed in favor of Association, the Allottee shall permit the Promoter and their surveyors and agents, with or without workman and others, at all reasonable times, to enter into and upon the project land or any part thereof to view and examine the state and condition thereof. (xiii) The allottee shall regularly pay the monthly maintenance charges to the Association for the maintenance of common areas and facilities of the building, at such rate as would be determined by the Association in its meeting (xiv) In addition to the regular monthly maintenance charge, as would be determined by the office bearers of the Association, the allottee of the residential Apartment in the building shall also pay to the Association, a sum of Rs.2,500/- per year towards the annual 19 maintenance charges for the maintenance of the lift in the building “VELVET PARK”. 15. The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee as advance or deposit, sums received on account of the share capital for the promotion of the Association or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 15A. In case the transaction been executed by this agreement between the promoter and the allottee is facilitated by a Registered Real Estate Agent, the amounts (including taxes) agreed as payable as remuneration/fees/charges for services/commission/brokerage to the said Registered Real Estate Agent, shall be paid by the Promoter/Allottee/Both, as the case may be, in accordance with the agreed terms of payment. 16. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Shops/Apartments or the said Plot 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 and all open spaces, parking spaces, lobbies, staircases, terraces, will remain the property of the Promoter until the said structure of the building is transferred to the Association or other body and until the project land is transferred to the Association as hereinbefore mentioned. 17. Promoter shall not mortgage or create a charge — After the Promoter executes this Agreement he shall not mortgage or create a charge on the Shop/Apartment 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 Apartment. 18. Binding Effect — Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the 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 registration of the same before the concerned Sub- Registrar as and when intimated by the 20 Promoter. If the Allottee(s) fails to execute and deliver the 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 Promoter, then the Promoter shall serve 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. 19. Entire Agreement — This Agreement, along with its schedules and Annexures, constitutes the entire Agreement between the Parties with respect of 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 apartment as the case may be. 20. Right to Amend — This Agreement may only be amended through written consent of the Parties. 21. 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 Project 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. 22. 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. 23. Method of Calculation of Proportionate Share Wherever Referred to in the Agreement — Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in common with 21 other Allottee(s) in Project, the same shall be in proportion to the carpet area of the Shop/Apartment to the total carpet area of all the Shops/Apartments in the Project, 24. Further Assurances — 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- 25. Place of Execution — The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the Promoter's Office, or at some other place, which may be mutually agreed between the Promoter and the Allottee, and after the Agreement is duly executed by the Allottee and the 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. 26. The Allottee and/or Promoter shall present this Agreement as well as the conveyance at the proper registration office of registration within the time limit prescribed by the Registration Act and the Promoter will attend such office and admit execution thereof. 27. That all notices to be served on the Allottee and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below: Name of Allottee – _____________________________ Address - _____________________________, _____________________________, Name of Promoter - ANNAPOORNA CONSTRUCTION, Karta of HUF Proprietor Rajesh Hotaldas Gurbani, (E-mail ID: linestudios24@gmail.com) Address : 5-2/3, Dakshata Nagar Complex, Sindhi Camp Square, Akola – 444 001, Maharashtra. 22 It shall be the duty of the Allottee and the 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 promoter or the Allottee, as the case may be. 28. Joint Allottees — That in case there are Joint Allottees all communications shall be sent by the 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. 29. Stamp Duty and Registration — The charges towards stamp duty and Registration of this Agreement shall be borne by the allottee. 30. 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. 31. Governing Laws — That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force and the courts will have the jurisdiction for this Agreement. THE FIRST SCHEDULE ABOVE REFERRED TO: ALL THAT piece or parcel of Non-Agricultural land situate lying and being at Akola, Taluka and District Akola bearing City Survey No. 70 Plot No. 7/59+7/60A area admeasuring 636.15 Sq. Mtr within the limits of Akola Municipal Corporation or thereabouts and bounded as per the approved layout plan which is bounded as under:- Towards East : Road Towards West : Service Lane Towards South : House of Vathurkar (Layout Plot No. 40) 23 Towards North : 9 mtr. Wide Road. THE SECOND SCHEDULE ABOVE REFERRED TO : Flat No. …… Carpet Area admeasuring ……….. Sq. Meters. i.e ………. Sq.ft, on ……… Floor of the building known as “VELVET PARK” constructed on the above property bounded as under :- Towards East : Towards West : Towards South : Towards North : Here set out the nature, extent and description of common areas and facilities. A) Description of the common areas provided: Type of common areas Proposed Date Proposed Date of Size/area of the provided of Occupancy handover for use common areas Certificate provided i. Entrance Lobby 31/12/2031 31/12/2031 B) Facilities/ amenities provided/to be provided within the building including in the common area of the building: Sr. Type of facilities Phase Proposed Proposed Date Size/area of FSI no. / amenities name/ Date of of handing the facilities Utilized or number Occupancy over to the / amenities free of FSI provided Certificate Society/comm on organization i. Internal Roads & Velvet 31/12/2031 31/12/2031 NA Free of FSI Footpaths Park ii. Water Supply Velvet 31/12/2031 31/12/2031 NA Free of FSI Park iii. Sewerage Velvet 31/12/2031 31/12/2031 NA 24 (Chamber, Park Lines, Septic Tank , STP) iv. Street Lighting Velvet 31/12/2031 31/12/2031 NA Free of FSI Park v. Electrical meter Velvet 31/12/2031 31/12/2031 As per plan Free of FSI room, sub- Park station, receiving station C) Facilities/ amenities provided/to be provided within the Layout and/or common area of the Layout: Sr. Type of Phase name/ Proposed Proposed Date Size/area of FSI no. facilities / number Date of of handing the facilities Utilized or amenities Occupancy over to the / amenities free of FSI Certificate Society/comm provided on organization i. NA NA NA NA NA NA D) The size and the location of the facilities / amenities in form of open spaces ( RG / PG etc.) provided / to be provided within the plot and / or within the layout. Sr. Type of open Phase name/ Size open Proposed Date Proposed Date of no. spaces number spaces to be of availability handing over to the (RG/PG) to be provided for use common provided organization i. NA NA NA NA NA E) Details and specifications of the lifts: Sr. Type Lift Number of passenger or no. (passenger/service/st carrying capacity in Total no. of Speed retcher/goods/fire weight (kg) per lift Lifts provided (mtr/sec) evacuation/any other i. Passenger Lift 2 500 kgs or 5 Persons 0.6 m/s 25 Note: At ‘A’: to provide the details of the common areas provided for the project. At ‘B’: to provide the details of the facilities/amenities provided within the building and in the common area of the building. At ‘C’: to provide the details of the facilities/amenities provided within the Layout and/or common area of the Layout. At ‘D’: to provide the details of the facilities/amenities provided in form of open spaces ( RG / PG etc.) provided / to be provided within the plot and / or within the layout. At ‘E’: to provide the details and specifications of the lifts. 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. PROMOTER and Land Owner: ANNAPOORNA CONSTRUCTION by Karta of HUF Proprietor : Rajesh Hotaldas Gurbani Photograph Thumb Impression Signature ALLOTTEE : __________________________________ Photograph Thumb Impression Signature WITNESSES : 1) _____________________ 2) _____________________ Name : Name : 26 Schedule 'A' DESCRIPTION OF THE SHOP/APARTMENT ALONG WITH BOUNDARIES IN ALL FOUR DIRECTIONS The Shop/Apartment bearing no. ______ situated in the ___________ on the ________ Floor and having the carpet area of ______ sq.mt. (built up area of ______ sq.mt.) from out of the said building named as “VELVET PARK” constructed upon the project land described in the First Schedule above and having boundaries as under :- Towards East : Towards West : Towards North : Towards South : SCHEDULE ‘B’ FLOOR PLAN OF THE APARTMENT ANNEXURE – A Name of the Attorney at Law/Advocate, Address : Date : NO. RE.: Title Report Details of the Title Report The Schedule Above Referred to (Description of property) Place: Dated ………..day of ............... 20......... (Signed ) Signature of Attorney-at-Law/Advocate ANNEXURE –B (Authenticated copies of Property Card or extract Village Forms VI or VII and XII or any other revenue record showing nature of the title of the Vendor/Lessor/Original Owner/Promoter to the project land). ANNEXURE –C-1 (Authenticated copies of the plans of the Layout as approved by the concerned Local Authority ) 27 ANNEXURE - C-2 (Authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project ) ANNEXURE -D (Authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee as approved by the concerned local authority) ANNEXURE – E (Specification and amenities for the Apartment), ANNEXURE –F (Authenticated copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority) Received of and from the Allottee above named the sum of Rupees ........................... on execution of this agreement towards Earnest Money Deposit or application fee I say received. The Promoter/s.