FROM :- _______________________ _______________________ _______________________ To, Swami Samarth Builders & Developers House No.30, Harkut Arcade, Beside Rajapeth Police Station, Rajapeth , Amravati-444601 Subject :- Flat/Apartment No. ______ admeasuring Carpet Area _________ Sq. Mt. on the ________ Floor in the scheme known as “RICH RESIDENCY”, Nazul Plot No. 1,Nazul Sheet No.38, of Mouza – Wardha, situated at Hinganghat Road, Wardha, Tahsil and District – Wardha. Sir, I intend to purchase from you the above referred Flat/ Apartment. My offer is under :- Nos. Particulars Amount Flat/Apartment No. ______ 1 admeasuring Carpet Area _________ Sq. Mt. on the ________ Floor in the scheme known as “RICH RESIDENCY”, Nazul Plot No. 1,Nazul Sheet No.38 of Mouza – Wardha, situated at Hinganghat Road, Wardha, Tahsil and District – Wardha. 2 Basic Apartment Cost 3 Parking Cost 4 Stamp Duty 5 Registration Fee 6 VAT 7 Service Tax 8 GST 9 M.S.E.B./N.M.C. Water / Infrastructure Cost 10 Association Deposit Total 2 I Mr. _____________________________________ aged about_____ Occupation - _____________________ Contact / Mobile No._______________ PAN - ____________, Aadhar No. __________________, R/o. _________________________________ ________________________________________________ ________ Pin Code - _____________ I am / We are depositing herewith the amount of Rs.______/-(Rupees _____________________only) by Cheque bearing No.___________, dated ___/__/20____, drawn on ___________________ Bank _________________ Branch _________________, with this application as an application money (PI note amount should not be more than 10% of apartment cost) We understand that the execution of agreement and passing of receipt of the application money does not amount of the Allotment / Agreement of the said flat. The entire discretion to reject this application without any reasonable cause remains with Ms._____________________ (name of the promoter). If my offer is accepted by you I shall get the agreement in respect of the said apartment executed and registered from you within a period 30 days from the date hereof. In such event the deposit amount paid as above shall be adjusted towards the total purchase price of the said apartment. However, in the event you reject my offer or I fail to get the said Agreement executed and registered within the stipulated period then you are entitled to sell/allot the said flat/apartment / shop / _________ to any third person without taking any prior consent from me. In such event you will be entitled to refund the said amount without any interest after deducting there from costs incurred by you, by issuing a cheque of the said amount in my name. After the stipulated period of 30 days I will not be entitled to make any claim in the aforesaid Apartment/ Flat No.________________ my bank 3 Account No.________________ ____________ Bank ______________ Branch_________________ IFCI Code___________ I hereby authorised you to deposit my deposit refund to my above said account. The submission of this offer letter does not create my/our rights or interests in any way in the said unit stated above. I / we shall have no claim against you ____________________ in case my/ our offer stated herein has not been accepted by you , expect to the extent of refund of the amount paid to you for the purpose of booking. You for the purpose of booking Thanking you Yours faithfully 4 To ___ CONSENT LETTER ___ ___ Apartment No._________ on ___________ Floor ___ In the Scheme known and Styled as “RICH RESIDENCY” ___ Nagpur : ___ Date : _ ___________________ ___________________ Sir, With reference to the booking / allotment of the Flat/Apartment No. ______ admeasuring Carpet Area _________ Sq. Mt. on the ________ Floor in the scheme known as Nazul Plot No. 1,Nazul Sheet No.38 of Mouza – Wardha, situated at Hinganghat Road, Wardha, Tahsil and District – Wardha made by me/ us with your company, I / we do/does hereby state and declare as follows : 1. That, the Builder – Developer as provided inspection of all title documents in respect of the said property, property register cards, land use certificate and all other related documents relating to the said project as contemplated under the provisions of the Real Estate (Regulation and Development) Act 2016 which is hereby acknowledged and confirmed by me/us. I /we am / are duly satisfied with the contents thereof and no further or other information nor disclosure is required from the builder/developer. 2. I / We are fully aware that in order to avail the potential of FSI/FAR / TDR /Premium /Changes in the building plans etc. for which the said plot of the land is entitled to under the development control rules including discretionary relaxation thereof, the 5 Builder/Developer is required to submit and re-submit the revised layout and building plan to the competent sanctioning authority. In view of the provisions of the real Estate (Regulation and Development) Act 2016, I /We do/does hereby accord my/our express clear and specific written consent for carrying out variations or modifications to the said layout and building plan. 3. That, by this consent letter you are authorised and empowered to change modify the larger layout shown as well as the proposed layout and building plan disclosed by you wherein you are expressly allowed to make necessary charges keeping in mind the overall interest of the entire project for better planning, quality and urban design and also your right to exploit and use the full potential of the project as and where you deems fit. 4. That I/We do/does hereby further accord out consent for other alterations or additions in the sanctioned plans, layout plans and specifications of the buildings or the common areas within the project. 5. I/We do/does hereby state and declare that, you are entitled to submit copy of this consent letter to the concerned authorities wherever necessitated. _________________ CONSENTOR/S WITNESSES :- 1._____________ 2._____________ 6 ALLOTMENT LETTER NAME :- _________________________ ___________________________ ADDRESS :- _________________________ ___________________________ ___________________________ PAN :- _________________________ REFERENCE:- Your Application dated __/__/20___ for allotment of Apartment. SUBJECT :- Allotment of Residential Apartment No.______, on the ___________ Floor, in the Multistoried Building which is known and styled as “Rich Residency” alongwith _____ % Undivided share and interest in Nazul Plot No.1,Nazul Sheet No.38 of Mouza – Wardha, situated at Hinganghat road,Wardha, Tahsil and District – Wardha. Dear Sir/ Madam 1. With reference to your allotment of the above said Residential Apartment No.__________, on the ___________ Floor, admeasuring Carpet Area __________ Sq. Mt. and Balcony area admeasuring __________ Sq. Mt., (Open Balcony area ________ Sq. Mt. and enclosed balcony area ________ Sq. Mt) and Terrace Area ______________ Sq. Mt. in the Multistoried Building which is known and styled as “RICH RESIDENCY” alongwith _____ % Nazul Plot No.1,Nazul Sheet No.38 admeasuring about 9843.17 Sq. Mt. Mouza – Wardha, situated at Hinganghat road, Wardha, Tahsil and District – Wardha and upon you handing over to us a Chque bearing No.____________, dated ___/___/20___ drawn on _____________________ Bank, ______________________Branch towards the initial deposit, we acknowledge the receipt of the same. 7 2. It is agreed and understood that the allotment of the above said Flat / Apartment is only provisional. 3. You have also agreed and confirmed that, you shall execute a written Agreement of Sale in respect of the said Flat/ Apartment subject to making payments of 10% (ten percent) of total value of the said flat/ apartment alongwith applicable VAT, Service Tax, Stamp Duty, Registration Charges, Local Body Tax, Goods and Services Tax, or any other Government Levy as may be levied from time to time. 4. You are aware that, we are entitled to develop and construct Residential Apartment Scheme as per the sanctioned building plan of Nagar parishad Wardha, Zilla Parishad Wardha. 5. We also explained to you that, the phase wise development of the said property as and when permission would be available to us. We have also explained to you that the development of the said property is subject to amendment and changes at our sole direction and subject to final approval from concerning competent authorities with due respect to Real Estate (Regulation and Development) Act, 2016. 6. The total Consideration for the above said Flat/ Apartment is `.______________/- you hereby confirms the following schedule of Payment and shall make the payment accordingly in time. Time being essence of payment, in case of any failure on your part to make payment as per the schedule given here in below we have a right to charge interest @ SBI MCLR plus 2 % per annum on the due amount till the date of actual payment from due date of payment together with interest thereon. i) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer on or before execution of the Agreement.(not exceeding 10% of the total consideration) 8 ii) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer after execution of the Agreement. (not exceeding 30% of the total consideration) iii) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer on completion of plinth of the building. (not exceeding 45% of the total consideration) iv) `________=00 (Rupees ________________only) shall be paid proportionately to the Promoter/Developer on completion each floor slab i.e. 1 to 4th l floor of the building. (not exceeding 70 % of the total consideration) iv) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer on completion of Wall, internal plaster, Flooring doors and windows of the said Apartment. (not exceeding 75 % of the total consideration) vi) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer on completion of sanitary fittings, Staircases, Lift Wlls, lobbies upto the floor level of the said Apartment. (not exceeding 80 % of the total consideration) vii) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer on completion of external plumbing and external plaster elevation, of the building. (not exceeding 85 % of the total consideration) viii) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer on completion of the Lift water pumps, electrical fittings of the building. (not exceeding 95 % of the total consideration) ix) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer as a remaining balance amount total agreed sale consideration at the time of possession of the Apartment to the purchaser. 9 NOTE :- A) The total above said amount excludes Cost mentioned in Clause No.9 & 10 below and taxes (consisting of Tax paid or payable by the Promoter/ Developer by way of Goods and Services Tax, Value Added Tax, Service Tax, Cess and any other Tax which may be levied in connection with construction of and carrying out the project payable by the Promoter/ Developer) up to the date of handing over the possession of the above said Flat/ Apartment. B) Without prejudice to the right of promoter to charge interest in terms of sub-clause 6 above on the Purchaser/ Allottee committing default in payment on due date of any amount due and payable by the Purchasers/ Allottee to the Promoter/Developer under this agreement (including his/her/ their proportionate share of Taxes levied by the concerned local authority and other outgoings) and on he purchaser /allottee committing three defaults of payment of installments, the Promoter/Developer shall at it’s own option may terminate this agreement. 7. You also confirm that until the time of the Agreement is executed, you shall not have any right title interest in respect of the said flat/apartment and amount paid shall remain with us as non-interest bearing deposit. 8. You hereby also agree and confirm that, the amount of `__________/- is payable over and above the cost of the flat/ apartment towards maintenance charges for ______ months which shall be paid by you at the time of possession, the maintenance shall be applicable from the date of Occupancy Certificate or Possession. 9. you have agreed confirmed that the amount of `.________/- is payable by you over and above the cost of said Flat/ Apartment towards Water, Electricity and Legal Fees etc. which shall be paid as and when demand is made by us on that behalf and the said amount is non-refundable. 10. That, the transaction covered by this Agreement is understood to be a sole liable under the Goods and Services Tax, Value Added Tax, Service Tax, Cess. and any other Tax as per the existing regulation. That, the said taxes or any other Taxes that is liable to paid or any become liable to be paid in future under any statute Central to Sate shall be payable by the Purchaser only. 10 11. That, the extra work will be allowed only with the prior approval of management at extra cost as may be fixed from management from time to time kindly note that, alteration of the windows, grills external elevation and facade is strictly not allowed. 12. That, you are requested to sign in confirmation of accepting the terms as mentioned hereinabove by subscribing your signature on this letter and copy of this letter. 13. That, the carpet area shall include the door jams an RCC columns offset however the actual carpet area on site shall differ coz of skirting, POP, Tiling, Plaster and you shall no object to such difference or be entitled to any remuneration for such difference in carpet area of the above said Flat/ Apartment. Thanking You _____________________ (Swami Samarth Builders & Developers) I /We agree and Confirm the same _____________________________ (__________________________) PURCHASER/S Agreement of sale Valued At Rs.________/- 1 (Rupees__________________/- only) AS PER MARKET VALUE RS.___________/- This Agreement of Sale is made and executed on this ____ ALUED day of__________, 20__, at ------- V AT `._____________/- BETWEEN- ( RUPEES __________________ ONLY) Shri----------------- aged about 53 years, occupation – S PER MARKET VALUE RS. ________________/- A Business, R/o. Tiwari chowk, Yavatmal D Tq.&Dist.Yavatmal[The ivision Vendor/Builder], No.14.249/16, City Survey PAN:-,hereinafter No.319, Sheet No.16, Mouza – Borgaon, called as the DEVELOPER/PARTY NO.1 ( 1) SHRI. DHANANJAY S/O. DAULATRAO PUND, 2) SHRI. SHANTANU S/O. DHANANJAY PUND, ND (1) SHRI. /SMT. _________________________________, about _____ years, occupation – ___________,PAN – __________, Aadhar No. ________________ 2) SHRI. /SMT.___________________ _________________________________, aged about _____ years, occupation – ___________, , PAN – ______________, Aadhar No. ___________________, Both R/o. ___________________________, ________ – ________, hereinafter called and referred to as the “PURCHASERS/ PARTY NO.2” (which expression shall unless repugnant to the context or meaning thereof, shall always mean and include the said ‘Purchasers/Party No.2’ his/ her/ their legal heirs, successors, representatives, agents, executors, administrator and assignees etc.) of the SECOND PART, 12 AND WHEREAS, the Vendors/ Party No.1 are the THAT piece and parcel of Nazul absolute owner and possessor of ALL Plot 2. No.1,Nazul Sheet No.38 admeasuring about 9843.17 Sq. Mt. (105912 Sq. Ft.), of Mouza – Wardha, situated at, Hinganghat road, Wardha, within the limits of Nagar parishad Wardha, Zilla Parishad Wardha, Tahsil and District – Wardha. AND WHEREAS, the Vendors/ Party No.1 have acquired the ownership and possession of the above said Plot / Property by virtue of Sale Deed vide Document No.-----, dated --------, registered in the office of Sub-Registrar No.4, at ----------- from----------------------, In this way the Vendors/Party No.1 have acquired the right of legal ownership of the above said plot/ property. AND WHEREAS, originally the above said plot no.1 and out of Nazul Plot No.1,Nazul Sheet No.38,situated at Hinganghat Road of Mouza – Wardha, Tahsil and District - Wardha 13 was belong to Pralhad Madhoba Ruikar Trust, Registration No. A/70 Yavatmal. That, Pralhad Madhoba Ruikar Trust , Transferred this said property to Smt. Sitabai W/o. Bajranglal Balmukund Agrawal, Bajranglal Balmukund Agrawal and Anilkumar Bajranglal Agrawal. AND WHEREAS, the aforesaid entire Land comprising, total admeasuring area about 9843.17 Sq.mtr., of Mouza – Wardha, Tahsil and District –Wardha . AND WHEREAS, after the conversion of the above said land, the Layout Map was sanctioned by the Nagar Parishad,Wardha, Zilla Parishad Wardha. 14 AND WHEREAS, the Vendors/ Party No.1 have entered into Town Planning Department to develop the multistoried residential apartment/s scheme on the said plot / land with Vide Document No.286/2010, dated 23-11-2010, registered in the office Sub-Registrar at Yavatmal. The Developer/ Promoter to develop the said property in all respect. AND WHEREAS, the Developer / Party No.1 has developed the multistoried residential apartment/s scheme on the said plot / land and the said building is known and style as “RICH RESIDENCY” constructed over the said piece of land. The said multistoried apartment scheme is having Ground Stilt Parking Area and Residential Apartments on the First to Tenth, Floor. AND WHEREAS, the ‘Vendor/Developer/Party No.1’ has developed the said property into multistoried building consist of residential apartments scheme by utilizing and consuming available permissible F.S.I. as per the sanctioned building plan of Nagar Parishad Wardha, Zilla parishad Wardha vide Tracking No. ----------, dated ---------. AND WHEREAS, the Developer/ 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 under 15 section 13 of the said Act the Developer/ Promoter and Vendor is required to execute a written Agreement for sale of said Flat/Apartment with the Purchasers, being in fact these presents and also to register said Agreement under the Registration Act, 1908 and Section 2 of The Maharashtra Apartment Ownership Act, 1970. AND WHEREAS the carpet area of the said Apartment is square meters and Carpet Area means the net usable floor area of an apartment/flat, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the Purchaser/Party No.2 or verandah area and exclusive open terrace area appurtenant to the said Apartment for exclusive use the Purchaser/Party No.2, but includes the area covered by the internal partition walls of the apartment. AND WHEREAS, the Purchasers/ Party No.2 desire of owning residential Apartment along with proportionate undivided share and interest in the total plot / land in the said multistoried building named and styled as “RICH RESIDENCY”, proposed to be constructed on the said piece of land and the Purchasers/ Party No.2 have expressed his/her/their offer & desire and applied Application No. _________ dated ___-___-201__ to purchase a flat/ Apartment bearing No. ______, having carpet area admeasuring ________ Sq. Mt., covered balcony area ________Sq. Mt., open balcony area _______ Sq. Mt. and exclusively Terrace Area 16 admeasuring __________ Sq. Mt. on the _________ Floor, named and styled as “RICH RESIDENCY”, (more particularly described in the Schedule- B) approached the Developer/ Party No.1 has agreed to allot an residential apartment, more particularly described in the Schedule ‘B’, appended with this Agreement of Sale and hereinafter called as the residential apartment for total consideration of `.______________/- (Rupees ______________ only) and the Purchasers/ Party No.2 is/are agreed to purchase the said residential apartment along with proportionate undivided share and interest in the total piece and parcel of land / plot on the terms and conditions appearing and contained therein. NOW, THEREFORE, THIS AGREEMENT OF SALE WITNESSETH BETWEEN THE PARTIES AS UNDER : 1. THAT, the Purchasers / Party No.2 have personally inspected the title documents and approved the Building Plan, sanctioned by the Nagar Parishad Wardha, Zilla Parishad Wardha, as per above said Building Permit and the Purchasers/ Party No.2 has also satisfied himself/ herself/themselves in respect of the title of the Vendor/Party No.1, of the said property as being the valid and marketable title and, therefore, the Purchasers/Party No.2 has accepted the same. 2. THAT, the Vendor/ Party No.1 shall sell and the Purchasers/Party No.2 shall purchase the residential Apartment No.___________, admeasuring carpet area __________ Sq. Mt. on the ____________ Floor, along with the proportionate undivided share and interest in the total plot /land situated in the building, known and styled as “Rich Residency”, for the total consideration of `.______________/-(Rupees ______________ only) and the details of payment are given as under. 17 MANNER OF PAYMENT i) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer on or before execution of the Agreement.(not exceeding 10% of the total consideration) ii) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer after execution of the Agreement. (not exceeding 30% of the total consideration) iii) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer on completion of plinth of the building. (not exceeding 45% of the total consideration) iv) `________=00 (Rupees ________________only) shall be paid proportionately to the Promoter/Developer on completion each floor slab i.e. 1 to 4th l floor of the building. (not exceeding 70 % of the total consideration) iv) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer on completion of Wall, internal plaster, Flooring doors and windows of the said Apartment. (not exceeding 75 % of the total consideration) vi) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer on completion of sanitary fittings, Staircases, Lift Wlls, lobbies upto the floor level of the said Apartment. (not exceeding 80 % of the total consideration) vii) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer on completion of external plumbing and external plaster elevation, of the building. (not exceeding 85 % of the total consideration) viii) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer on completion of the Lift water pumps, electrical fittings of the building. (not exceeding 95 % of the total consideration) 18 ix) `________=00 (Rupees ________________only) shall be paid to the Promoter/Developer as a remaining balance amount total agreed sale consideration at the time of possession of the Apartment to the purchaser. _____________ `. =00 (RUPEES __________________ ONLY) That, the Purchaser/s / Party No.2 has paid the amount of earnest money of `._____________/- (Rupees ______________ only) to the Developer/Promoter/ Party No.3 in the above said manner and they have acknowledged the same and remaining balance amount of sale consideration `.______________/- (Rupees ______________ only) shall be paid by the Purchasers / Party No.2 to the Developer/ Promoter/ Party No.1 in the above said manner of payment. 2. THAT, the Purchaser/s/ Party No.2 does hereby state and declares that it shall be the sole liability and responsibility of the Purchasers/ Party No.2 to pay the amount of Tax Deducted at Source (TDS) @ 1% (one percent) and undertaken to credit the same in the appropriate account of Income Tax Department, if applicable at the time of Registration of Agreement of Sale or Sale Deed as per the law time being in force. That the above said amount of TDS shall be deducted by the Purchaser from the sale consideration payable to the Developer / Promoter/Party No.1 and to credit the same in the appropriate account of Income Tax Department and receipt of the same shall produce at the time of registration of Sale Deed. 3. THAT, the Developer/ Promoter undertakes and agrees that while raising a demand on the Purchaser/ Party No.2 for increase in development charges, cost or levies imposed by competent authorities etc. the Developer / Promoter/ Party No.3 accordingly enclose the said notification /order/rules / regulation published / issued to the Purchaser/ Party No.2 which shall only be applicable on subsequent payments. 19 4. THAT, the Developer / Promoter / Party No.1 shall be exclusive in-charge of the construction without any let or hindrance or interference by the Purchaser/ Party No.2 or any other contractor and under no circumstances during the subsistence of this contract, the Purchaser shall enter into any building contract in respect of Apartment with any other engineer, architect, building contractor of advisory agency and such contract if mad by the Purchaser/s /Party No.2, shall be void and shall not be binding upon the Developer / Promoter / Party No.1. 5. THAT, time for payment of each of the installment as stipulated in the manner of payment hereto and “TIME IS THE ESSENCE OF THE CONTRACT” as mentioned above. However, without prejudice to their rights, the Developer/ Party No.1 grant a grace period of one month, from the due date and in such event, the Purchaser/s/ Party No.2 shall be liable to pay interest as per prevailing highest Marginal Cost of Lending Rate of State Bank of India Plus 2 % per annum with quarterly rests, on the unpaid balance amount, from the date of default, till the date of actual payment thereof, to the Developer/ Promoter/Party No.1. It is further understood by the Purchaser/s/ Party No.2 that he/ she/ they will not be entitled to claim any grace period. 6. THAT, the Developer/ Promoter/ Party No.1 will hand over and deliver the vacant physical possession of the said residential apartment after obtaining completion certificate from the concerning competent authority and after acknowledgement of total sale consideration, mentioned in the manner of payment i.e. on or before ___- __-20__ or on the date of execution and registration of the sale deed. After the possession of the premises/building is handed over or after getting the completion certificate of the building by concerned local authority if any work thereafter is required to be carried out by the Government or Municipal Corporation or any statutory authority, 20 the same shall be carried out by the Purchasers/ Party No.2 in Cooperation with the Purchasers of the other Apartment/ Flats in the said building at their own costs and the Developer/Promoter/ Party No.1 shall not be in any manner liable or responsible for the same. That, the sale deed will be subsequently executed and registered by Vendor/Party No.1 and Developer/Promoter/ Party No.1 in favour of Purchaser/s / Party No.2. 7. THAT, the Vendor/Party No.1 will pay municipal corporation taxes, land revenue cesses, non-agricultural assessment taxes, cesses if any and other dues whatsoever accruing on the Land and the said Residential Apartment up to the date of handing over possession of the residential apartment or upto the date of execution and registration of sale deed which ever is earlier and thereafter the Purchasers / Party No.2 shall pay the proportionate share of the municipal corporation taxes, land revenue cesses, non-agricultural assessment taxes, cesses if any and other dues whatsoever accruing on the Land and the said Residential Apartment to the concerning authority. 8. THAT, on the Purchasers/ Party No.2 committing default in payment on due dates of any of the installment payable under this agreement or any other amount due and payable under this agreement (including his/her/their proportionate share of taxes levied by concerned local authority and any other outgoings, deposits etc) or on the Purchasers/ Party No.2 committing breach of any of the terms and conditions of this agreement, the Developer/Promoter/ Party No.1 shall in its sole discretion be entitled to terminate this Agreement. Provided always, the power of termination under this Agreement shall not be exercised by the Developer/Promoter/ Party No.1, unless the Promoter has given to the Purchaser 15 (fifteen) days prior notice in writing, by Registered Post AD at the address and mail at the e-mail address provided by the Purchasers/ Party No.2 of its intention to 21 terminate the Agreement and pointing out the breach of breaches of the terms and conditions on account of which it is intended to terminate this Agreement and the Purchasers / Party No.2 has/have fails and/or neglected to rectify the breach or breaches within the period of 15 (fifteen) days of such notice. Provided further that upon termination of this agreement, the Developer/Promoter/ Party No.1 shall refund to the Purchasers/ Party No.2 the installments or price which the Purchasers/ Party No.2 might have till then paid to the Developer/Promoter/ Party No.1, but without any interest and after deducting a lump sum amount of 10% on total cost towards administration and other expenses etc. The aforesaid amount shall be paid by the Developer/Promoter/ Party No.1 to the purchasers/ party No.2 after resale of the said Apartment/ Flat in the manner of receipt of consideration from new Apartment /Flat purchasers/party No.2 and on such condition the Developer/Promoter/ Party No.1 shall be entitled to resell the said Apartment / Flat and / or dispose off or otherwise alienate the same in any other manner as the Developer/Promoter/ Party No.1 in its sole discretion thinks fit. 9. THAT, the Vendor / Party No1 shall not be responsible for delay in sanction/ disbursement of “Housing Loan” to the Purchaser/s/ Party No.2 for any reason whatsoever. In such case, the Purchaser/s/ Party No.2 shall not be entitled to any concession in the penalty, payable by him / her / them on delayed payments. 10. THAT, the Developer/Promoter/ Party No.1 shall exclusively in charge of the construction in all respect of the said apartment scheme without any let or hindrance or interference by the Purchaser/s / Party No.2 or any other contractor or person, claiming through him / her / them. Further it is also agreed that under no circumstances, the Purchaser/s / Party No.2 shall enter into any building contract in respect of the above said residential apartment or with any other engineer, architect, building contractor or any advisory 22 or supervisory authority and such contract, if entered into by the Purchaser/s / Party No.2, shall be void and shall not be binding on the Developer/Promoter/Party No.1 in any respect whatsoever. 11. THAT, the Purchaser/s / Party No.2 hereby specifically agreed with the Vendor / Party No1 and Developer/Promoter/Party No.1 that, even after taking the actual possession of the above said residential apartment, the Purchaser/s/ Party No.2 shall not object or prevent or obstruct the Developer/Promoter/Party No.1 in any way in carrying out construction and completing the work of other apartments, in the said Building and also for storing and keeping the building materials on the available open land, without causing inconvenience. 12. THAT, the Developer/Promoter/Party No.1 hereby declares that, the Floor Space Index available as on date in respect of the project land is ……………. 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 _________ as proposed to be utilized by him on the project land in the said Project and Purchasers/ Party No.2 has agreed to purchase the said Flat/Apartment based on the proposed construction and sale of Flat/Apartments to be carried out by the Developer/Promoter/Party No.1 by utilizing the proposed FSI and on the understanding that the declared Proposed FSI shall belong to Developer/Promoter/Party No.1 only, without being required to pay any compensation either to the Association of Apartments Owners jointly or severally, under any nomenclature, whatsoever. 23 13. THAT, the available open space and the common areas on ground floor as may be provided in the said apartments scheme, shall be remained common use for all the apartment owners in the apartment scheme and shall be for common use of all the apartments owners in the said apartment scheme and shall always remain undivided and no portion or division of any part thereof, be effected or carried out by the Purchaser/s/Party No.2, severally, or jointly with all other apartment owners. That, the right of distribution of open land, open terrace and spaces to individual purchasers, is reserved by the Developer/ Promoter/Party No.1. These spaces and terraces so distributed shall be deemed to be restricted areas. For the sake of clarity, it is hereby made clear that any terrace adjoining to any apartment in the said apartment scheme, shall be exclusively use and occupation of that residential apartment occupier. 14. THAT, the Purchaser/s / Party No.2 shall not alter or effect any change in his/her/their apartment so as to changes the elevation of the building. That, the Purchaser/s / Party No.2 undertake/s and admit/s that he shall not use his residential apartment other than the given purpose. That, the Purchaser/s / Party No.2 further undertake/s that he/she/they shall not use the said apartment/s for any illegal activities or any noise making activities. That, the Purchaser/s / Party No.2 further undertake/s to keep the premises clean and shall not make any nuisance, which is troublesome to other apartment owners. 15. THAT, it is specifically agreed by the Purchaser/s/ Party No.2 that, the Purchaser/s/Party No.2 shall pay the electric meter connection charges M.S.P.D. Co. Ltd. i.e. M.S.E.B., Nagpur Municipal Corporation water connection charges and other miscellaneous charges for getting the electric meter installed and for water connection, for the apartment and shall be borne and paid by the Purchaser/s/Party No.2, separately. It is also specifically agreed by the Purchaser/s/Party No.2, if the M.S.P.D.Co. Ltd. i.e. M.S.E.B., insisted 24 for separate transformer for the multi-storied building, in that event the Purchaser/s / Party No.2 shall pay the cost of the transformer and other miscellaneous expenses, proportionately to the Developer/ Party No.1. If any delay occurred for installation of electric meter for each apartment from the M.S.P.D. Co. Ltd. i.e. M.S.E.B., in that case, the Purchaser/s shall not object or shall not claim any compensation from the Vendor/ Party No.1 and Developer/ Promoter/Party No.1. That, the Developer/ Promoter/Party No.1, will give _____ common water connection for all apartment owners in the building. 16. THAT, for the purpose of giving clear title over the said property consisting of undivided share and interest in the Plot / Land / F.S.I. and the said apartment, chosen by the Purchaser and to the other purchasers/ buyers in the said Scheme “Rich Residency”, the Vendor / Developer has executed the Deed of Declaration, vide Document No.________/2017, dated __-___-2017, registered in the office of Sub-Registrar No.____, at Nagpur in respect of the said Scheme and thus, the said Scheme is submitted under the provisions of the ‘Maharashtra Apartment Ownership Act, 1970’. That, the terms and conditions mentioned in the said deed of declaration is always binding on the Purchasers/ Apartment owners at any point of time and they undertake/s to abide the same. 17. That, the name of the project and building shall be “Rich Residency” and this name shall not be changed without the written consent of the Developer /Promoter. The name of the Association shall also be decided by the Developer /Promoter at it’s discretion. 18. THAT, the consideration of the Apartment/ Property agreed between the Purchaser/s / Party No.2, Vendor/Party No1, and the Developer/ Party No.1, is exclusive of payment of the Goods and Service Tax (GST), Sale Tax, Value Added Tax, Service Tax, any other necessary Tax, levied by the Government or Semi – 25 Government, at present and in future and Purchaser/s/Party No.2 has agreed to pay the same prior to the date of registration of sale deed to the Developer/ Promoter /Party No.1. 19. THAT, it is understood and agreed by the Purchaser/s/ Party No.2 that due to heterogeneous nature of construction and the construction of joints between the masonry and concrete and any such other joints, leakage or seepage through them if expose to rain water or any wet condition after one year from the date of possession and this will not be treated as defect in construction and no compensation shall be given to the Purchaser/s for such happenings. Further, it is agreed by the Purchaser/s that on account of construction there will be made an allowance of 3% variation on either side in dimension shown in the sanctioned plan or mentioned in the Agreement of Sale or in this Sale Deed and no compensation shall be given to the Purchaser/s/ Party No.2 for such variation. 20. THAT, the Vendor/ Party No1 shall not be liable to pay any compensation to make good any defect in the proprietary items used in construction of the above said apartment and proper claim regarding this, shall directly be made by the Purchaser/s / Party No.2 to the manufacture of such item by keeping the Developer/ Promoter/Party No.1, indemnified. 21. THAT, it is understood by and between the parties hereto that the Terrace and open space, parking place allotted to an apartment owner/s in the said building if any, shall belong exclusively to the respective Purchaser/s of those apartment/s owner/s. Similarly, other than allotted open space on the Ground Floor, Parking Place/ Areas will be common use of all apartments owners. That the Purchaser/s/Party No.2 have inspected and confirmed all title documents building plan and approved the same. 22. THAT, The purchaser/s/ party No.2 hereby gives/give his/her/their irrevocable consent to the Developer /Promoter/Party 26 No.1 herein to carry out such alteration, modifications in the sanctioned plan/s of the said building/s as the Developer /Promoter/Party No.1 in its sole discretion thinks fit and proper and /or such modifications and alterations which are necessary in the authority, planning authority, competent authority or Government or any officer of any local authority. 23. THAT, the Developer /Promoter/Party No.1 shall have to obtain prior consent in writing of the purchasers/party No.2 if such alterations and modifications adversely affect the construction of the said apartment/flat hereby agreed to be sold. The Purchasers/Party No.2 herein shall have no right to withhold such permission without any reasonable cause and shall give such permission as and when required by the Promoter herein. 24. THAT, the Developer /Promoter/Party No.1 shall confirm the final carpet area that has been allotted to the Purchasers/ Party No.2 after the construction of the Building is complete and the occupancy certificate is granted by the concerning competent authority, by furnishing details of the changes, if any, in the carpet area, subject to a variation cap of three percent mentioned as above. The total price payable for the carpet area shall be recalculated upon confirmation by the Developer /Promoter/Party No.1. If there is any reduction in the carpet area within the defined limit then Developer /Promoter/Party No.1 shall refund the excess money paid by Purchasers/ Party No.2 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 Purchasers/ Party No.2. If there is any increase in the carpet area allotted to Purchasers/ Party No.2, the Developer /Promoter/Party No.1 shall demand additional amount from the Purchasers/ Party No.2 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 this Agreement by and between the parties. 27 25. THAT, the Developer /Promoter/Party No.1 herein shall give the possession of the said apartment / Flat to the Purchasers/Party No.2 on the above mention date and on payment of all dues payable by the Purchaser/ Party No.2 to the Developer /Promoter/Party No.1 if any in pursuance of these presents and on the Purchasers/ Party No.2 fulfilling his/her/their part of the agreement. If the Developer /Promoter/Party No.1 fails or neglects to give possession of the apartment / Flat to the Purchasers/Party No.2 except on account of reasons beyond it’s control and /or its agents as per the provisions of provisions of law time being in force, then the Developer /Promoter/Party No.1 shall be liable to refund to the Purchaser/ Party No.2 on his/her/their demand the amounts already received by him in respect of the apartment/ Flat with simple interest at 9% per annum from the date the Developer /Promoter/Party No.1 received the sum till the date the amounts and interest thereon is repaid, provided that by mutual consent it is agreed that dispute whether the stipulations specified in Act have been satisfied or not will be referred to the Competent Authority who will act as an Arbitrator. Till the entire amount and interest thereon is refundable by the Developer /Promoter/Party No.1 to the Purchaser, it shall be subject to prior encumbrances, if any, be a charge of the Purchasers/Party No.2 on the said Apartment/ Flat. Provided that the Developer /Promoter/Party No.1 shall be entitled to reasonable extension of time for giving possession of the said Apartment/ Flat on the aforesaid date. If the construction and completion of building in which the said apartment/ flat is to be situated is delayed on account of (i) Non-availability of steel, cement, other building materials water or electric supply. (ii) War, civil commotion or act of God. (iii) Any notice, order, rule, notification of the Government and / or other public or competent authority, Collector or any disputes or matters relating to the property pending final determination by the courts or any other authorities. (iv) 28 Changes in any Rules, regulations, and Bye-laws of various statutory bodies and authorities from time to time then affecting the development and the project. (v) Delay in grant of any NOC/ permission /installation of any services such as lifts, electricity and water connections and meters to the scheme / Apartment/ Flat Road NOC or completion certificate from appropriate authority. (vi) Delay or default in payment of dues by the purchaser under these presents (without prejudice to the right of Promoter to terminate this Agreement). (vii) Pendency of any litigation. (viii) Any act beyond the control of the Promoter. 26. THAT, the property hereby agreed to be sold, shall be correctly described in the schedule hereto and shall be sold, subject to the outgoing agreements, restrictive covenants and right of other co-owners and the Vendor / Party No1 and in respect of the remaining undivided share in land and the built-up area / premises in the building and if any misstatement, error or omission, shall always be subject to correction, by the parties hereto. 27. THAT, the Parties to the this Agreement of sale are hereby agreed that all the provisions of Real Estate Regulation Act, and other Laws applied by the central or state government are binding to the Developer /Promoter/Party No.1 and Purchaser/ Party No.2. and all the disputes between the Developer /Promoter/Party No.1 and Purchaser/ Party No.2 shall be solved as per the provisions, rules and regulation of the Real Estate Regulation Act. 28. THAT, all expenses for the preparation, drafting, printing stamp duty, registration fees, legal expenses and miscellaneous expenses etc. of this Agreement of Sale, Sale Deed and any other Document shall be borne and paid exclusively and solely by the Purchaser/s / Party No.2. 29 SCHEDULE - A (DESCRIPTION OF PLOT) ALL THAT piece and parcel of Nazul Plot No.1, Nazul Sheet No.38 admeasuring about 9843.17 Sq. Mt. ( Sq. Ft.), being portion of Mouza – Wardha, situated at Hinganghat road, Wardha, within the limits of Nagar Parishad Wardha And Zilla Parishad Wardha Tahsil and District – Wardha and the said property is bounded as under : - On the East : 15mts wide DP Road; On the West : Hinganghat State Highway; On the North : Layout of other; and On the South : 18 mts wide DP Road. SCHEDULE - B ( DESCRIPTION OF APARTMENT ) Nazul Plot No.1, Nazul Sheet No.38 admeasuring about 9843.17 Sq. Mt. (--- Sq. Ft.), together with the entire R.C.C. construction comprising of Residential Apartment No.__________, having carpet area admeasuring ____________ Sq. Mt., covered balcony area ________Sq. Mt., Open Balcony area _______ Sq. Mt. and exclusively Terrace Area admeasuring __________ Sq. Mt. on the _________ Floor, in the Multistoried Building which is known and styled as “Rich Residency” Being of Mouza – Wardha, situated at Hinganghat Road,Wardha, within the limits of Nagar Parishad Wardha and Zilla Parishad Wardha Tahsil and District Wardha. 30 IN WITNESSES WHEREOF, the Vendor/Party No.1, Purchasers/Party No.2 and the Developer/ Party No3, have signed this Agreement of Sale in presence of the attesting witnesses on the day, month and year mentioned hereinabove. _____________________ (Shri. ------------------------------------------) VENDOR /DEVELOPER/PROMOTOR/PARTY NO1 ____________________________ ( ) PURCHASERS/PARTY NO.2 WITNESSES : 1. __________________ 2. __________________ s