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. Model Form of Agreement This Agreement made at...........this........day of.......... in the year Two Thousand and .................... between 1. Daga Infratech Pvt. Ltd. Pan No. AAECD3040Q A Company incorporated under the Indian Companies Act through its Director --------------------------------, Aged – --- years, Occu. – ----------------------, R/o. ------------------------------ Amravati, Tq. & Dist. Amravati-444601. Hereinafter called as the “FIRST PROMOTER” (which expression shall deem to include the said companies, their share holders, successors, executors, administrators and assigns) of the FIRST PART. 2. Plasti Surge Industries Pvt. Ltd. Pan No. AAACP9678A A Company incorporated under the Indian Companies Act, through – Director ------------------------------, Aged – ----- years, Occu. –Business, --------------------------- Tq. & Dist. Amravati – 444601 hereinafter called as the “SECOND PROMOTER” (which expression shall deem to include the said companies, their share holders, successors, executors, administrators and assigns) of the FIRST PART. hereinafter referred to as "the PROMOTERS” and ( .........................) having address at ....................hereinafter referred to as " the Allottee" ( ...........................) of the SECOND PART. 1. WHEREAS by a Conveyance dated 22nd, November, 2010 and executed between 1. Amol Anand Joshi 2. Ashok Anand Joshi and 3. Smt Tarabai Anand Joshi of the Second Part (hereinafter referred to as “the Vendor") and the Promoter of the First Part, the Vendor sold absolutely to the second part of the Promoter an immovable property being piece or parcel of freehold land bearing Survey /Sheet No. 37 Plot No. 8/1 in the Registration sub-District of Sub Registrar, Amravati city vide Registration No. 05709-2010 dt. 22.11.2010 admeasuring 3762 sq. mts. or thereabouts more particularly described in the First Schedule hereunder written 2. WHEREAS by a Conveyance dated 3rd, November, 2012 and executed between 1. Amol Anand Joshi 2. Ashok Anand Joshi and 3. Smt Tarabai Anand Joshi of the Second Part (hereinafter referred to as “the Vendor") and the Promoter of the First Part, the Vendor sold absolutely to the first part of the Promoter an immovable property being piece or parcel of freehold land bearing Survey /Sheet No. 37 Plot No. 8/1 in the Registration sub-District of Sub Registrar, Amravati city vide Registration No. 5547-2012 Dt. 3.11.2012 admeasuring 1584 sq. mts. or thereabouts more particularly described in the Second Schedule hereunder written 3. (Hereinafter both the lands referred to as “the project land”). WHEREAS by an Agreement dated 9th day June of 2014 vide Registration No. 1992-2014 Dt. 9.6.2014 executed between PLASTI SURGE INDUSTRIES PVT LTD (hereinafter referred to as "the Original Owner”) of the Land prescribed in point No. 1 as above) And DAGA INFRATECH PVT LTD (hereinafter referred to as "the Original Owner”) of the Land prescribed in point No. 2 as above) (Hereinafter referred to as "the Development Agreement"), the PLASTI SURGE INDUSTRIES PVT LTD granted to DAGA INFRATECH PVT LTD development rights to the piece or parcel of freehold land lying and being at SHEET No. 37 PLOT NO. 8/1 in the Registration Sub-District of Sub Registrar vide Registration No. 05709 Dt. 22.11.2010 admeasuring 3762 sq. mts., or thereabouts more particularly described in the First Schedule therein as well as in the First Schedule hereunder written (hereinafter referred to as point no. 1 of "the project land') and to construct thereon building/s in accordance with the terms and conditions contained in the Agreement of Development & Building construction vide Registered at Sub Registrar bearing No. 1992/2014 dated 9/6/2014. AND WHEREAS the First Promoter, own the following TDR rights:- i. T.D.R. rights equivalent to 850 sq.mtrs. (9149.4 sq.ft.) from out of the T.D.R. certificate issued by Amravati Municipal Corporation vide Folio No. AMC/ADTP/TDR/23/2011, dated 01.01.2011 and certificate no. 23, for a total area of 6686.55 sq.mtrs., in Zone-B of Amravati Tq. & Dist. Amravati in lieu of 8800 sq.mtrs. of land from out of field survey no. 330/3 of Mouje – Badnera, Pragane – Badnera, Tq. & Dist. Amravati, acquired by Amravati Municipal Corporation, under sale deed dated 04.12.2010 registered at Sr. No.5972/2010, is purchased by Grantor No.(1) vide sale deed registered at Sr. No. 3458 /2014 on dated 11-8-2016. ii. T.D.R. rights equivalent to 311 sq.mtrs. (3347.60 sq.ft.) from out of the T.D.R. certificate issued by Amravati Municipal Corporation vide Folio No. AMC/ADTP/TDR/23/2011, dated 01.01.2011 and certificate no. 23, for a total area of 6686.55 sq.mtrs., in Zone-B of Amravati Tq. & Dist. Amravati in lieu of 8800 sq.mtrs. of land from out of field survey no. 330/3 of Mouje – Badnera, Pragane – Badnera, Tq. & Dist. Amravati, acquired by Amravati Municipal Corporation, under sale deed dated 04.12.2010 registered at Sr. No.5972/2010, is purchased by Grantor No.(1) vide sale deed registered at Sr. No. 214 /2017 on dated 27-1-2017. (D) The Director of the First Promoter namely Dhruv Rajesh Daga, own the following TDR rights:- i. T.D.R. rights equivalent to 92.93 sq.mtrs. (1000 sq.ft.) from out of the T.D.R. certificate issued by Amravati Municipal Corporation vide Folio No. AMC/ADTP/TDR/41/2012, dated 19.04.2012 and certificate no. 41, for a total area of 5500 sq.mtrs., in Zone – B of Amravati Tq. & Dist. Amravati in lieu of 5500 sq.mtrs. of land from out of field survey no. 25 of Mouje – Akoli, Pragane – Badnera, Tq. & Dist. Amravati, acquired by Amravati Municipal Corporation, under sale deed dated 27.03.2012 registered at Sr. No.1015/2012 is purchased by Director of the Grantor No.1 namely Dhruv Rajesh Daga vide sale deed registered at Sr. No. 2971 /2012 on dated 29-5-2012. (E) The Second Promoter No. (2), own the following TDR rights:- i. T.D.R. rights equivalent to 760.22 sq.mtrs. (8183 sq.ft.) from out of the T.D.R. certificate issued by Amravati Municipal Corporation vide Folio No. AMC/ADTP/TDR/41/2012, dated 19.04.2012 and certificate no. 41, for a total area of 5500 sq.mtrs., in Zone – B of Amravati Tq. & Dist. Amravati in lieu of 5500 sq.mtrs. of land from out of field survey no. 25 of Mouje – Akoli, Pragane – Badnera, Tq. & Dist. Amravati, acquired by Amravati Municipal Corporation, under sale deed dated 27.03.2012 registered at Sr. No.1015/2012 is purchased by Grantor No.(2) vide sale deed registered at Sr. No. 1510 /2012 on dated 27-4-2012.. ii.T.D.R. rights equivalent to 745.81 sq.mtrs. (8025 sq.ft.) from out of the T.D.R. certificate issued by Amravati Municipal Corporation vide Folio No. AMC/ADTP/TDR/41/2012, dated 19.04.2012 and certificate no. 41, for a total area of 5500 sq.mtrs., in Zone – B of Amravati Tq. & Dist. Amravati in lieu of 5500 sq.mtrs. of land from out of field survey no. 25 of Mouje – Akoli, Pragane – Badnera, Tq. & Dist. Amravati, acquired by Amravati Municipal Corporation, under sale deed dated 27.03.2012 registered at Sr. No.1015/2012 is purchased by Grantor No.(2) vide sale deed registered at Sr. No. 1702 /2012 on dated 14-5-2012 iii. T.D.R. rights equivalent to 650 sq.mtrs. (6996.6 sq.ft.) from out of the T.D.R. certificate issued by Amravati Municipal Corporation vide Folio No. AMC/ADTP/TDR/23/10, dated 01.01.2011 and certificate no. 23, for a total area of 6686.55 sq.mtrs., in Zone-B of Amravati Tq. & Dist. Amravati in lieu of 8800 sq.mtrs. of land from out of field survey no. 330/3 of Mouje – Badnera, Pragane – Badnera, Tq. & Dist. Amravati, acquired by Amravati Municipal Corporation, under sale deed dated 04.12.2010 registered at Sr. No.5972/2010 is purchased by Grantor No.(2) vide sale deed registered at Sr. No. 3458 /2016on dated 11-8-2016. iv. T.D.R. rights equivalent to 1290 sq.mtrs. (13885.56 sq.ft.) from out of the T.D.R. certificate issued by Amravati Municipal Corporation vide Folio No. AMC/ADTP/TDR/23/10, dated 01.01.2011 and certificate no. 23, for a total area of 6686.55 sq.mtrs., in Zone-B of Amravati Tq. & Dist. Amravati in lieu of 8800 sq.mtrs. of land from out of field survey no. 330/3 of Mouje – Badnera, Pragane – Badnera, Tq. & Dist. Amravati, acquired by Amravati Municipal Corporation, under sale deed dated 04.12.2010 registered at Sr. No.5972/2010 is purchased by Grantor No.(2) vide sale deed registered at Sr. No. 3471 /2016 on dated 11-8-2016.. v. T.D.R. rights equivalent to 261 sq.mtrs. (2809.40 sq.ft.) from out of the T.D.R. certificate issued by Amravati Municipal Corporation vide Folio No. AMC/ADTP/TDR/23/10, dated 01.01.2011 and certificate no. 23, for a total area of 6686.55 sq.mtrs., in Zone-B of Amravati Tq. & Dist. Amravati in lieu of 8800 sq.mtrs. of land from out of field survey no. 330/3 of Mouje – Badnera, Pragane – Badnera, Tq. & Dist. Amravati, acquired by Amravati Municipal Corporation, under sale deed dated 04.12.2010 registered at Sr.No.5972/2010 is purchased by Grantor No.(2) vide sale deed registered at Sr. No. 216 /2017 on dated 27-1-2017. (F) The Director of the Second Promoter namely Rajesh Laxminarayan Daga, own the following TDR rights:- i. T.D.R. rights equivalent to 325.27 sq.mtrs. (3501.2 sq.ft.) from out of the T.D.R. certificate issued by Amravati Municipal Corporation vide Folio No. AMC/ADTP/TDR/41/2012, dated 19.04.2012 and certificate no. 41, for a total area of 5500 sq.mtrs., in Zone – B of Amravati Tq. & Dist. Amravati in lieu of 5500 sq.mtrs. of land from out of field survey no. 25 of Mouje – Akoli, Pragane – Badnera, Tq. & Dist. Amravati, acquired by Amravati Municipal Corporation, under sale deed dated 27.03.2012 registered at Sr. No.1015/2012 is purchased by Director of the Grantor No. 2 namely Rajesh Laxminarayan Daga) vide sale deed registered at Sr. No. 2970 /2012 on dated 29-5-2012. (G) The shareholder of the Second Promoter namely Neeta Rajesh Daga, own the following TDR rights:- i. T.D.R. rights equivalent to 92.93 sq.mtrs. (1000 sq.ft.) from out of the T.D.R. certificate issued by Amravati Municipal Corporation vide Folio No. AMC/ADTP/TDR/41/2012, dated 19.04.2012 and certificate no. 41, for a total area of 5500 sq.mtrs., in Zone – B of Amravati Tq. & Dist. Amravati in lieu of 5500 sq.mtrs. of land from out of field survey no. 25 of Mouje – Akoli, Pragane – Badnera, Tq. & Dist. Amravati, acquired by Amravati Municipal Corporation, under sale deed dated 27.03.2012 registered at Sr. No.1015/2012 is purchased by shareholder of the Grantor No. 2 namely Neeta Rajesh Daga, vide sale deed registered at Sr. No. 2969 /2012 on dated 29-5-2012.. (H) The shareholder of the Second Promoter No. 2 namely Preeti Kamlesh Daga, own the following TDR rights:- i. T.D.R. rights equivalent to 92.93 sq.mtrs. (1000 sq.ft.) from out of the T.D.R. certificate issued by Amravati Municipal Corporation vide Folio No. AMC/ADTP/TDR/41/2012, dated 19.04.2012 and certificate no. 41, for a total area of 5500 sq.mtrs., in Zone – B of Amravati Tq. & Dist. Amravati in lieu of 5500 sq.mtrs. of land from out of field survey no. 25 of Mouje – Akoli, Pragane – Badnera, Tq. & Dist. Amravati, acquired by Amravati Municipal Corporation, under sale deed dated 27.03.2012 registered at Sr. No.1015/2012 is purchased by shareholder of the Grantor No. 2 namely Preeti Kamlesh Daga, vide sale deed registered at Sr. No. 2963 /2012 on dated 29-5-2012... AND (i) Any covenants affecting the said property :- NO (ii) Any impediments attached to the said property. :- NO (iii) Number and Area occupied by Tenants and how :- N.A they are proposed to be settled so as to have clear possession of the said property. (iv) Details of illegal encroachment on the said property. :- NO (v) Any permission (if any) required from any Government :- NO or Authority which affects the title to the property and details of all such required permissions obtained. (vi) Details of mortgage or lien or charge on the said property :- State Bank of India (ABL of Rs. 2.80 Cr.) AND WHEREAS the Promoters are entitled and enjoined upon to construct buildings on the project land in accordance with the recitals hereinabove; AND WHEREAS the Original Owner/Promoter is in possession of the project land AND WHEREAS the Promoter has proposed to construct on the project land (here specify number of buildings and wings thereof) No. of Tower Floor A 9 B 9 C 9 D 10 (Including one lower Ground and one Upper ground.) Having total four Towers out of which Three Residential towers i.e. ‘A’, ‘B’ and ‘C’ and One Commercial Tower i.e. ‘D’ along with one Podium, one ground level covered and open parking. AND WHEREAS the Allottee is offered an Shop/Commercial bearing number _____ on the ____ floor, (herein after referred to as the said “Shop/Commercial”) in the _____ tower/wing of the Building called ______ (herein after referred to as the said “Building”) being constructed in the Second Phase of the said project, by the Promoter AND WHEREAS the Promoter has entered into a standard Agreement with an Architect registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architect; AND WHEREAS the 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 ‘F’; AND WHEREAS the Promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings. AND WHEREAS by virtue of the Development Agreement the Promoter has sole and exclusive right to sell the Shop/Commercials in the said building/s to be constructed by the First Promoter on the project land and to enter into Agreement/s with the allottee(s)/s of the Shop/Commercials to receive the sale consideration in respect thereof; The Second promoter shall also join with first promoter to such Agreement of sale & Under Such Agreement to sale, Second Promotor shall Agree to convey land described in point no. 1 hereto or the proportionate joint share therein besides the super structure i.e. the apartments or the commercial spaces as the case may be out of the proposed buildings in favour of the intending purchaser. AND WHEREAS on demand from the allottee, the Promoter has given inspection to the Allottee of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoter's Architects M/s Akash Mohta Associates,Amravati 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 advocate of the Promoter, authenticated copies of Property card or extract of Village Forms VI and VII and XII or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Shop/Commercials are constructed or are to be constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively. AND WHEREAS the authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto and marked as Annexure C-1. AND WHEREAS the 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 have been annexed hereto and marked as Annexure C-2, AND WHEREAS the authenticated copies of the plans and specifications of the Shop/Commercial agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed and marked as Annexure D 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 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 Promoter has accordingly commenced construction of the said building/s in accordance with the said proposed plans. AND WHEREAS the Allottee has applied to the Promoter for allotment of an Shop/Commercial No. ......... on ........floor in wing ____ situated in the building No. ........ being constructed in the ______ phase of the said Project, AND WHEREAS the carpet area of the said Shop/Commercial is ______ square meters and "carpet area" means the net usable floor area of an Shop/Commercial, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Shop/Commercial for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Shop/Commercial for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the Shop/Commercial. 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 Promoter a sum of Rs..................... (Rupees ...................) only, being part payment of the sale consideration of the Shop/Commercial agreed to be sold by the Promoter to the Allottee as advance payment or Application Fee (the payment and receipt whereof the Promoter both hereby admit and acknowledge) and the Allottee has agreed to pay to the Promoter the balance of the sale consideration in the manner hereinafter appearing. AND WHEREAS, the Promoter has registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at ___ no. ____ ; AND WHEREAS, under section 13 of the said Act the Promoter is required to execute a written Agreement for sale of said Shop/Commercial 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 Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the (Shop/Commercial/unit) and the covered parking(if applicable) NOW THEREFOR, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter shall construct the said building/s consisting of ................ lower/ Upper ground and 8 upper floors on the project land 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/Commercial of the Allottee except any alteration or addition required by any Government authorities or due to change in law. 1(a) (i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Shop/Commercial No. .............. of the type .............. of carpet area admeasuring .................... sq. metres on ............ floor in the building __________/wing (hereinafter referred to as "the Shop/Commercial") as shown in the Floor plan thereof hereto annexed and marked Annexures C-1 and C-2 for the consideration of Rs. ................... including Rs. ................... being the proportionate 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. (the price of the Shop/Commercial including the proportionate price of the common areas and facilities and parking spaces should be shown separately). 1(b) The total aggregate consideration amount for the Shop/Commercial including garages/covered parking spaces is thus Rs.______/- 1(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 Promotor the balance amount of Rs ____________ (Rupees_____________) in the following manner :- i. Amount of Rs......../-(........) (not exceeding 30% of the total consideration) to be paid to the Promoter after the execution of Agreement. ii. Amount of Rs......./-(..........) (not exceeding 45% of the total consideration) to be paid to the Promoter on completion of the Plinth of the building or wing in which the said Shop/Commercial is located. iii. Amount of Rs....../-(...........) (not exceeding 70% of the total consideration) to be paid to the Promoter on completion of the slabs including podiums and stilts of the building or wing in which the said Shop/Commercial is located. iv. Amount of Rs......./-(.............) (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 Shop/Commercial. v. Amount of Rs........./- (...........) (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 Shop/Commercial. vi. Amount of Rs....../-(.....) ( 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 or wing in which the said Shop/Commercial is located.. vii. Amount of Rs......./-(...........) (not exceeding 95% of the total consideration) to be paid to the Promoter on completion of the lifts, water pumps, electrical fittings, electro, mechanical and environment requirements, 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 or wing in which the said Shop/Commercial is located. viii. Balance Amount of Rs...../-(............) against and at the time of handing over of the possession of the Shop/Commercial 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 Value Added Tax, Service Tax, 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 Promoter) up to the date of handing over the possession of the [Shop/Commercial]. 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 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 alongwith the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. 1(f) The Promoter may allow, in its sole discretion, a rebate for early payments of equal installments payable by the Allottee by discounting such early payments @ % per annum for the period by which the respective installment has been proponed. 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 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 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 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 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 discretion deem fit and the Allottee undertakes not to object/demand/direct the Promoter to adjust his payments in any manner. Note: Each of the instalments mentioned in the sub clause (ii) and (iii) shall be further subdivided into multiple instalments linked to number of basements/podiums/floors in case of multi-storied building /wing. 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/Commercial to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Shop/Commercial. 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/Commercial] to the Allottee and the common areas to the association of the allottees after receiving 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 the 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”). 3. The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is 299.60 square meters only and Promoter has planned to utilize Floor Space Index of ______ by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme as mentioned in the Development Control Regulation or based on expectation of increased FSI which may be available in future on modification to Development Control Regulations, which are applicable to the said Project. The Promoter has disclosed the Floor Space Index of 1246.88 as proposed to be utilized by him on the project land in the said Project and Allottee has agreed to purchase the said Shop/Commercial based on the proposed construction and sale of Shop/Commercials to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. 4.1 If the Promoter fails to abide by the time schedule for completing the project and handing over the [Shop/Commercial] 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 specified in the Rule, on all the delayed payment which 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 instalments, the Promoter shall at his own option, may terminate this Agreement: Provided that, 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 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 (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoter) within a period of thirty days of the termination, the instalments of sale consideration of the Shop/Commercial 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/Commercial as are set out in Annexure 'E', annexed hereto. 6. The Promoter shall give possession of the Shop/Commercial to the Allottee on or before 31st day of December 2019. If the Promoter fails or neglects to give possession of the Shop/Commercial 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/Commercial 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/Commercial on the aforesaid date, if the completion of building in which the Shop/Commercial 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/Commercial/Plot], 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 Promoter shall give possession of the [Shop/Commercial] to the Allottee. The 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 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/Commercial within 15 days of the written notice from the promotor to the Allottee intimating that the said Shop/Commercials are ready for use and occupancy: 7.3 Failure of Allottee to take Possession of [Shop/Commercial]: Upon receiving a written intimation from the Promoter as per clause 8.1, the Allottee shall take possession of the [Shop/Commercial/Plot] 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/Commercial/Plot] 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 five years from the date of handing over the Shop/Commercial to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Shop/Commercial or the building in which the Shop/Commercial 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. 8. The Allottee shall use the Shop/Commercial or any part thereof or permit the same to be used only for purpose of * office/show-room/shop/godown for carrying on any industry or business.(*strike of which is not applicable) He shall use the garage or parking space only for purpose of keeping or parking vehicle. 9. The Allottee along with other allottee(s)s of Shop/ commercial in the building shall join in forming and registering the Society or Association or a Limited Company to be known by such name as the Promoter may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Society or Association for becoming a member, including the bye-laws 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 organisation 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, as the case may be, or any other Competent Authority. 9.1 The Promoter shall, within three months of registration of the Society or Association, as aforesaid, cause to be transferred to the society 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 Shop/Commercial 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. 9.3 Within 15 days after notice in writing is given by the Promoter to the Allottee that the Shop/Commercial 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/Commercial) 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 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 favour 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, as the case may be. 10. The Allottee shall on or before delivery of possession of the said premises keep deposited with the Promoter, the following amounts :- (i) Rs. ..................... for share money, application entrance fee of the Society or Limited Company/Federation/ Apex body. (ii) Rs. ................... for formation and registration of the Society or Limited Company/Federation/ Apex body. (iii) Rs. ...................... for proportionate share of taxes and other charges/levies in respect of the Society or Limited Company/Federation/ Apex body (iv) Rs. ………………for deposit towards provisional monthly contribution towards outgoings of Society or Limited Company/Federation/ Apex body. (v) Rs………………. For Deposit towards Water, Electric, and other utility and services connection charges & (vi) Rs ________ for deposits of electrical receiving and Sub Station provided in Layout 11. The Allottee shall pay to the Promoter a sum of Rs. ................ for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at- Law/Advocates of the Promoter in connection with formation of the said Society, or Limited Company, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance or assignment of lease. 12. At the time of registration of conveyance of the structure of the building or wing of the building, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society on such conveyance or any document or instrument of transfer in respect of the structure of the said Building /wing of the building. At the time of registration of conveyance of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or any document or instrument of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 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; 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/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 Project, project land and said building/wing 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/wing 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/Commercial/Plot] 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/Commercial/Plot]to the Allottee in the manner contemplated in this Agreement; ix. At the time of execution of the conveyance deed of the structure to the association of allottees 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 the Promoter in respect of the project land and/or the Project except those disclosed in the title report. 14. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Shop/Commercial may come, hereby covenants with the Promoter as follows :- i. To maintain the Shop/Commercial at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the Shop/Commercial is taken and shall not do or suffer to be done anything in or to the building in which the Shop/Commercial 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/Commercial is situated and the Shop/Commercial itself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the Shop/Commercial 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/Commercial 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/Commercial is situated, including entrances of the building in which the Shop/Commercial is situated and in case any damage is caused to the building in which the Shop/Commercial is situated or the Shop/Commercial 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/Commercial and maintain the Shop/Commercial in the same condition, 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/Commercial is situated or the Shop/Commercial 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. iv. Not to demolish or cause to be demolished the Shop/Commercial 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/Commercial or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Shop/Commercial is situated and shall keep the portion, sewers, drains and pipes in the Shop/Commercial 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/Commercial 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/Commercial without the prior written permission of the 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 in which the Shop/Commercial 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/Commercial in the compound or any portion of the project land and the building in which the Shop/Commercial 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/Commercial is situated. 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/Commercial 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/Commercial 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 regulations which the Society or Apex Body or Federation 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 Shop/Commercials 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 Society/Limited Company/Apex Body/Federation regarding the occupancy and use of the Shop/Commercial 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 a conveyance of the structure of the building in which Shop/Commercial is situated is executed in favour of Society, 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/Commercial is situated is executed in favour of Apex Body or Federation, 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 project land or any part thereof to view and examine the state and condition thereof. 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 Co-operative Society or association or Company or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 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 Shop/Commercials or of the said Plot and Building or any part thereof. The Allottee shall have no claim save and except in respect of the Shop/Commercial hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoter until the said structure of the building is transferred to the Society or other body and until the project land is transferred to the Apex Body /Federation 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/Commercial/] 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/Commercial/plot]. 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 Promoter. If the Allottee(s) fails to execute and deliver to 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 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. 19. 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 Shop/Commercial/plot/building, 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/Commercial], in case of a transfer, as the said obligations go along with the [Shop/Commercial] 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 other Allottee(s) in Project, the same shall be in proportion to the carpet area of the [Shop/Commercial/Plot] to the total carpet area of all the [Shop/Commercials/Plots] 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, in 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 ____________ . 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 (Allottee’s Address) Notified Email ID:___________ M/s Promoter name (Promoter Address) Notified Email ID: ____________ 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 LAW 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 Amravati 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 (Amravati city) in the presence of attesting witness, signing as such on the day first above written. First Schedule Above Referred to Description of the freehold/leasehold land and all other details Second Schedule Above Referred to Here set out the nature, extent and description of common areas and facilities. SIGNED AND DELIVERED BY THE WITHIN NAMED Please affix Please affix photograph photograph Allottee: (including joint buyers) and sign and sign across the across the (1) photograph photograph (2) At on in the presence of WITNESSES: 1. Name Signature _______________ 2. Name Signature _________________ SIGNED AND DELIVERED BY THE WITHIN NAMED Please affix photograph Promoter: And sign Across the photograph (1) (Authorized Signatory) WITNESSES: Name Signature ____________ Name Signature ____________ Promoter: (1) (Authorized Signatory) WITNESSES: Name Signature ____________ Name Signature ____________ SCHEDULE ‘A’ PLEASE INSERT DESCRIPTION OF THE [SHOP/COMMERCIAL/PLOT] AND THE GARAGE/CLOSED PARKING (IF APPLICABLE) ALONG WITH BOUNDARIES IN ALL FOUR DIRECTIONS SCHEDULE ‘B’ FLOOR PLAN OF THE SHOP/COMMERCIAL 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) 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 Shop/Commercial agreed to be purchased by the Allottee as approved by the concerned local authority) ANNEXURE – E (Specification and amenities for the Shop/Commercial), 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. 33 ALLOTMENT LETTER To, Date: ____/___/2017 __________ __________ __________ Dear Sir, We are pleased to inform you that in pursuance of the receipt of your booking form/ application, we have reserved the Apartment No.______ at Building D______, admeasuring _____ Mtrs.( _____ Sq. ft ) carpet area in Building D ____ at Daga Sapphire Infinity in your name. The said booking shall be subject to the terms stated overleaf. TOTAL PRICE AND PAYMENT PLAN Shop/Commercial Cost Rs. Price of covered car parking Rs. Agreement Cost Payment Schedule ( % of the Total Amount Consideration) On or before execution of agreement. 10 % After the execution of Agreement. 30 % On completion of the Plinth of the 45 % building. On completion of the slabs including 70 % podiums & stilts of the building. On completion of the walls, internal 75 % plaster, flooring, doors &windows. On completion of sanitary fittings, 80 % staircases, lift wells, lobbies up to the floor level. On completion of the external plumbing 85 % & external plaster, elevation, terraces with waterproofing of the building. On completion of Lifts, water pumps, 95 % electrical fittings, electro, mechanical & environment requirements. At the time of handing over of the 100 % possession of the apartment. OTHER CHARGES PAYABLE BY ALLOTTEE ON OR BEFORE EXECUTION OF AGREEMENT Stamp Duty- 6% of the total consideration Amount Registration Charges- 1% of the total consideration or 30,000 whichever is lower GST - 12% of the total consideration AMOUNTS PAYABLE BY THE ALLOTTEE ON OR BEFORE DELIVERY OF POSSESSION OF THE APARTMENT Deposit towards provisional monthly/one time contribution towards outgoings of Society and Maintenance charges Rs………. paise X …………Sq.ft total usable area X for…….months. GST on the maintenance Charges -18 % Total 34 Terms:- 1. A sum of Rs. ------------- has been paid at the time of booking. However, a sum of ---- ------ equivalents to ----% of the total amount of premium shall be paid within --- days from the date of booking. 2. NATURE OF BOOKING. This is an application for provisional booking for a Commercial Space mentioned overleaf in the project being developed by the DAGA INFRATECH PRIVATE LIMITED and the said project has been registered as a DAGA SAPPHIRE INFINITY under the provisions of Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2016 in the office of Maharashtra Real Estate Regulatory Authority at serial NO. __________________. This provisional booking does not convey in favour of Applicant(s) any right, title or interest of whatsoever nature unless and until required documents such as Sale Deed / Sub Lease Deed are executed. This provisional booking shall be confirmed only when the Applicant(s) shall pay ----% of the Total Cost of the Commercial Space along with applicable charges. If the Applicant(s) fails to pay this stipulated amount within time, the application for provisional booking shall be rejected by the Company. 3. MODE OF PAYMENTS. The payment premium of the booked unit shall be made through DEMAND DRAFTS/CHEQUES/NEFT/RTGS etc. in favour of DAGA INFRATECH PRIVATE LIMITED. The said payment shall be deposited in the account of bank especially operational for the said project. 4. DELAYED PAYMENTS In case of delayed payment of installments/ any other dues by the Applicant(s), the Company may condone the delay on its discretion and in that case the interest at rate of as per State Bank of India Marginal Cost of Lending Rate plus two percent or for any part of a month shall be charged on such amount for the entire period of delay. The delay condonation period shall be maximum for a period of ----months. If the Applicant(s) does not clear its due payment along with delay interest for a maximum period of ------ months then the Company shall be fully entitled to cancel the Booking/Allotment and deduct the cancellation charges as per clause. 5. HOUSING LOANS The Applicant(s) at his /her discretion and cost may avail housing loan from bank / financial institution. The Company shall under no circumstances be held responsible for non sanctioning of loan to the Applicant(s) for any reason whatsoever. The payments of installments/ any other dues to Company shall not be linked to the loan availed /to be availed by the Applicant(s). 6. CANCELLATION CHARGES In case of cancellation/rejection either of Provisional Booking or Allotment of the Shop/Commercial Space because of any reason whatsoever, the cancellation charges amounting to _____% of the total cost of the Shop /Commercial Space or Rs. ___________/- whichever is higher shall be deducted from the deposited amount of the Applicant(s). Refund shall be made to the Applicant(s) within ---- days from the date of completion of all formalities with respect to such cancellation. 7. ADDITIONS & ALTERATONS. Cost of any additions and alterations in fittings & fixtures made over and above the specifications shown in the brochure at the request of the Applicant(s) shall be charged extra. 8. Each dishonor of cheque as well as realization of outstation cheque shall attract additional payment of a sum of Rs.----/- and the same shall be paid by adding the said sum while drawing respective cheque. 9. Upgrading of the Shop/Commercial Space shall attract Rs.-----------/- towards up gradation charges prior to the execution of the Agreement to Sale. However, the transfer of the Shop/ Commercial Sapce after execution of the Agreement to Sale shall be governed by the terms of the Agreement to Sale. Thanking You, Yours Faithfully, 35 For DAGA INFRATECH PRIVATE LIMITED I/We hereby accept the terms and content stated herein. (Authorised signatory) Allottee Date: 36 Schedule-A {Description of ‘the said Shop/ Commercial Space’} A. Name of the Project DAGA SAPPHIRE INFINITY B. Location Joshi Colony, near IMA hall, camp road,Amravati.444602 C. Building Name D D. Proposed No. of 10 Shop/Commercial The said Shop/ Commercial Space is bounded as follows: On or towards East : Entrance of Daga Sapphire On or towards South : Irwin to camp road On or towards West : Plot of Pusdekar Patil On or towards North : Daga Sapphire 37 38 39 40 41 42 43 44 SCHEDULE - C COMMON AREAS AND FACILITIES (a) COMMON AREAS 1. The footings and RCC structures of the buildings. 2. Staircase columns and lifts as with lift room in the building/s. 3. Common sulage/Drainage, Water, Electrical Lines, Power Backup. 4. Common ground water storage tank and overhead tank. 5. Electrical meters, wiring connected to common lights, lifts, pumps. ANNEXURE- E Specification of the Shop /Commercial Space. STRUCTURE: RCC frame structure MASONRY: External walls 6” thick brickwork. Internal walls 4”/6” thick brickwork. PLASTER SMOOTH: Plane plaster for internal walls. Sand faced cement plaster for external walls. DOORS: Decorative main entrance door with standard make. FLOORING: Vitrified tile flooring of standard make. BATHROOMS: Anti-skid vitrified flooring. Designer glazed dado tiles up to lintel level. Jaquar or equivalent make sanitary ware. ELECTRIFICATION: Adequate concealed electrical points with copper/aluminum wiring. High speed automatic elevators of Schindler, Switzerland. Modular Switches of Panasonic, Japan . LETTERBOX: Letterbox for each Shop/Commercial. 45 .