Date: ……………….. ALLOTTMENT LETTER To, Mr. ……………………………… Mrs. ……………………………. Address……………………………………….. ………………………………………… E-mail address:…………………………………. Dear Sir / Madam, You have shown your interest in purchasing an Apartment (details of Apartment are more particularly described hereinbelow) in our project ‘MADHURAJANI RESIDENCY’, located at Plot No.1/15, out of Sheet No. 46-B and Plot No. 180/8 out of Sheet No. 46-A, Mouje Amravati Pragne Badnera, Dist. Amravati. We have accepted your offer on following terms and conditions; APARTMENT PARTICULARS FLAT / APARTMENT No. FLOOR No. CARPET AREA ----------sq.mt. carpet USABLE FLOOR AREA OF ENCLOSED BALCONY TOTAL USABLE FLOOR AREA OF THE FLAT / APARTMENT _________________ sq.mt. TOTAL PRICE AND PAYMENT PLAN Price of Flat / Apartment Rs. Agreement Cost 1 PAYMENT SCHEDULE The Allottee has paid on or before execution of this agreement a sum of Rs __________ (Rupees ________________________ only) (not exceeding 10% of the total consideration) as advance payment or application fee and hereby agrees to pay to that Promoter the balance amount of Rs .......................... ( Rupees ................................... ) in the following manner :- i. Amount of Rs. ............. (Rupees .............) (not exceeding 30% of the total consideration) to be paid to the Promoter after the execution of Agreement. ii. Amount of Rs. ............. (Rupees .............) (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 Flat / Apartment is located. iii. Amount of Rs. ............. (Rupees .............) (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 Flat / Apartment is located. iv. Amount of Rs. ............. (Rupees .............) (not exceeding 75% of the total consideration) to be paid to the Promoter on completion of the walls, internal plaster, floorings doors and windows of the said Apartment. v. Amount of Rs. ............. (Rupees .............) (not exceeding 80% of the total consideration) to be paid to the Promoter on completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Apartment. vi. Amount of Rs. ............. (Rupees .............) ( not exceeding 85% of the total consideration) to be paid to the Promoter on completion of the external 2 plumbing and external plaster, elevation, terraces with waterproofing, of the building or wing in which the said Flat / Apartment 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 Flat / Apartment is located. viii. Balance Amount of Rs...../-(............) against and at the time of handing over of the possession of the Flat / Apartment to the Allottee on or after receipt of occupancy certificate or completion certificate. --------------------------------- Total 100% ____________________ OTHER CHARGES PAYABLE BY ALLOTTEE ON OR BEFORE EXECUTION OF AGREEMENT Stamp Duty- ___% Registration Charges- ____% GST - @__% Miscellaneous registration expenses Legal cost, charges and expenses Share money, application entrance fee of the Society Charges for formation and registration of the Society Deposit towards Water and other utility and services connection charges 3 Deposits of electrical receiving and Transformer/ Sub Station provided in Layout Total AMOUTS PAYABLE BY THE ALLOTTEE ON OR BEFORE DELIVERY OF POSSESSION OF THE APARTMENT Deposit towards provisional monthly contribution towards outgoings of Society and Maintenance charges Rs………. paise X …………Sq.ft total usable area X for…24…….months. GST on the maintenance Charges(or as applicable) Total TERMS AND CONDITIONS: 1) Issuance of this non-transferable Allotment Letter to the Allottee(s) by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee(s) until, firstly, the Allottee signs and delivers the Agreement with all the schedules (Copy attached) along with the payments due as stipulated in the above Payment Plan within 30 (thirty) days from the date of this Allotment Letter; and appears for registration of the Agreement before the concerned Sub- Registrar as and when intimated by the Promoter. This Allotment Letter is not meant or be treated or deemed to be as Agreement as contemplated under provisions of law. 2) If the Allottee(s) fails to execute and deliver to the Promoter Agreement within 30 (thirty) days from the date of this Allotment letter and/or appear before the Sub- Registrar for its registration as and when intimated by the Promoter within the aforesaid 30 days, then the Promoter shall serve a notice to the Allottee by email/ by hand/by Post/by courier on the address given by the Allottee for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Allottee, application/Allotment of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection there with including the booking amount/ token amount shall be returned to the Allottee without any interest or compensation whatsoever. 4 3) Minimum token amount should be equivalent to Rs.1,00,000/- of the agreement cost, which shall be retained as interest free bonafide refundable deposit, refundable. 4) Unless agreement is entered into by the applicant, no right of any nature is conferred or intended to be conferred by this Letter on the applicant. 5) All taxes, GST, cess, charges or levies under any concerned statute shall be borne by the Purchaser, over and above price of the Apartment. 6) The Purchaser has received the floor plan & specification, of the said flat at the time of booking and has no confusions what so ever and would not change the option confirmed by us on the date of booking. 7) In case of cancellation for any reason what so ever then the amount paid by the Allottee against the said booking shall be returned within 30 days from date of cancellation of booking. I / We have read, understood, accepted and agreed for the above mentioned contents, payment Plan, terms and conditions. Allottee’s Signature 1) ______________________ 2) _________________________ Mr. NITIN VITTHALRAO BHATKAR (PROMOTER) Signature ____________________ 5 AGREEMENT FOR SALE THIS AGREEMENT for sale made and executed at AMRAVATI, on this ____ day of _________ in the year 20__. BETWEEN Mr. Nitin Vitthalrao Bhatkar, Age: _____, Occ: Business, R/o Gadge Nagar, Near Punam photo Studio, V.M.V. Road, Shivaji Nagar, Amravati, Maharashtra – 444603 having PAN No. AJXPB6288M Hereinafter referred to as `The Promoter’ (Which expressions shall unless it be repugnant to the context or thereof shall mean and include the partners or partners for the time being of the said Firm and the survivors or survivor of them and the heirs, executors, administrators of such survivor etc.) ---------------------- PARTY OF THE FIRST PART AND 1. _________________________ Age - ___ Years, Occ. - PAN - 2. __________________________ 1 Age - ___ Years, Occ. - Residing at ___________________ , PAN _____ Hereinafter referred to as the “the Allottee /s” (Which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include the Allottee/s, his / her / their successors and permitted assignees alone so far as the obligations on the part of the Promoter concerned.) ---------------------PARTY OF THE SECOND PART. AND 1. Mrs. Nilima Manikrao Dhoke, Age: ____years, Occ: House Wife, PAN: BSTPD5675C, Residing at: Date College Road, Shastri Nagar, Tal. Yawatmal, Dist. Yawatmal – 445001 2. Mrs. Rajani Madhukarrao Chaudhary, Age: ____Years, Occ: Business, PAN: AOYPC5133N Residing at: Kolhatkar Mangal Karyalay, Rajapeth, Amravati, Maharashtra, 444601, Nos. 1 and 2 through their Power of Attorney Holder, Mr. Nitin Vitthalrao Bhatkar, PAN: AJXPB6288M Hereinafter collectively referred to as `The Consenting Party' (Which expression shall unless repugnant to the context or meaning thereof shall mean and include their heirs, administrators, executors, assigns, POA holder etc.) ---------PARTY OF THE THIRD PART 2 WHEREAS All the piece and parcel of land situated at Mouje Amravati Pragane Badnera, Tq. & Dist. Amravati, within the local limit of Municipal Corporation of Amravati and within the jurisdiction of Sub-Registrar, Amravati, Plot No. 1/15, Out of Sheet No. 46-B, total admeasuring 1213 Sq.fts. (112.69 Sq.mtrs.) and Plot No. 180/8 out of Sheet No. 46-A, total admeasuring 13377.38 Sq.fts. (1242.8 Sq.mtrs.) out of which southern portion admeasuring 5977 Sq.fts. (555.28 Sq.mtrs.) total admeasuring of these two plot 7190 sq.fts. (667.97 Sq.mtrs.) (hereinafter referred to as ‘the said Property’). The detail schedule of the said Property is as mentioned under Schedule I. WHEREAS all that piece and parcel of land bearing Plot No. 1/15, Out of Sheet No. 46-B, total admeasuring 1213 Sq.fts. (112.69 Sq.mtrs.) and Plot No. 180/8 out of Sheet No. 46-A, total admeasuring 13377.38 Sq.fts. (1242.8 Sq.mtrs.) out of which southern portion admeasuring 5977 Sq.fts. (555.28 Sq.mtrs.) total admeasuring of these two plot 7190 sq.fts. (667.97 Sq.mtrs.) of Mouje Amravati Pragane Badnera, Tq. & Dist. Amravati, within the local limit of Municipal Corporation of Amravati and within the jurisdiction of Sub- Registrar, Amravati originally owned and possessed by Mr. Jaywant Ramchandra Junghare. 3 AND WHEREAS Mrs. Nilima Manikrao Dhoke and Mrs. Rajani Madhukarrao Choudhary jointly purchased the said Plots i.e. Plot No. 1/15, Out of Sheet No. 46-B, total admeasuring 1213 Sq.fts. (112.69 Sq.mtrs.) and Plot No. 180/8 out of Sheet No. 46-A, total admeasuring 13377.38 Sq.fts. (1242.8 Sq.mtrs.) out of which southern portion admeasuring 5977 Sq.fts. (555.28 Sq.mtrs.) total admeasuring of these two plot 7190 sq.fts. (667.97 Sq.mtrs.) of Mouje Amravati Pragane Badnera, Tq. & Dist. Amravati, from Mr. Jaywant Ramchandra Junghare Vide Regd. Sale Deed dtd. 10/04/1975 Sr. No. 724 Since then Mrs. Nilima Manikrao Dhoke and Mrs. Rajani Madhukarrao Choudhary became the joint owner and possessor of the said Plot. And since then to up till now they are the joint owner of the said Property. AND WHEREAS aforesaid owners of said Properties i.e. Mrs. Nilima Manikrao Dhoke and Mrs. Rajani Madhukarrao Choudhary has decided to develop the said Property, therefore they entered in to Agreement of Development and Building Construction with Special Power of Attorney with Mr. Nitin Vitthalrao Bhatkar for the development of the said Property dated 26/12/2017 registered at Sr. No. 5327-2017. AND WHEREAS, Mr. Nitin Vitthalrao Bhatkar applied to Amravati Municipal Corporation, Amravati for sanctioning the Building Plan vide Application No. 0699 dtd. 10/07/2017. That thereafter Hon’ble Commissioner Amravati Municipal Corporation, Amravati issued its order dtd. 12/03/2018 4 and as per the said order Hon’ble Assit. Director Town Planning Amravati Municipal Corporation, Amravati issued the Permission Order No. 1027 dtd.16/03/2018. AND WHEREAS the Promoter is entitled and enjoined upon to construct building known as ‘Madhurajani Residency’ (hereinafter referred to as ‘the said Building’) on the said Property in accordance with the recitals hereinabove having ground floor with parking and Four floors which are as per sanctioned plan. The Promoter has absolute right to use free F.S.I , paid/premium F.S.I. generated out of the said Property and by using T.D.R. as per the sole and by getting the revised building construction plans duly approved by Amravati municipal Corporation; AND WHEREAS the Promoter is in actual and physical possession of the said Property. AND WHEREAS the Allottee is offered a Flat / Apartment bearing number _____ on the ____ floor ( herein after referred to as the said “Flat / Apartment”) in the said Building being constructed on the said Property by the Promoter. AND WHEREAS the Promoter has entered into a standard Agreement with an Architect Ar. Mr. Nilesh Rahate registered with the Council or Architects and 5 such Agreement is as per the Agreement prescribed by the Council or Architects; AND WHEREAS the Promoter has appointed Mr. Kolte a structural Engineer for the preparation of the structural design and drawings of the said building and the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the said building. AND WHEREAS by virtue of the Development Agreement, the Promoter alone has the sole and exclusive right to sell the Flat / Apartments in the said building to be constructed by the Promoter on the said Property and to enter into Agreement/s with the allottee(s) of the Flats / Apartments to receive the sale consideration in respect thereof; AND WHEREAS on demand from the Allottee the Promoter has given inspection to the Allottee of all the documents of title relating to the said Property and the plans, designs and specifications prepared by the Promoter's Architects Mr. Nilesh Rahate 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 made thereunder; AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoter, authenticated copies of Property card or any other relevant revenue record showing the nature of the title of the 6 Promoter to the said Property on which the Flats / Apartments are constructed or are to be constructed have been annexed hereto and marked 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 Annexure C. AND WHEREAS the authenticated copies of the plans and specifications of the Flat / Apartment agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed hereto and marked as Annexure D. AND WHEREAS the Promoter has got some of approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building and in case required, shall obtain approval for the upper floors being constructed by using the free F.S.I, Premium F.S.I., paid F.S.I., T.D.R. and shall also obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupation Certificate of the said Building. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the said Property and the said building and upon due observance 7 and performance of which only the completion or occupancy certificate in respect of the said building shall be granted by the concerned local authority. AND WHEREAS, the Promoter has accordingly commenced construction of the said building in accordance with the said sanctioned and proposed plans. AND WHEREAS, accordingly the Allottee has applied to the Promoter for allotment of a Flat / Apartment No. ______ on ______.floor in the building being constructed on the said Property. AND WHEREAS the carpet area of the said Flat / Apartment is ______ square meter , and "carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Flat / Apartment for exclusive use of the Allottee and includes the area covered by the internal partition walls of the flat / apartment. AND WHEREAS the parties relying on the confirmations, representations and assurances, of each other to faithfully abide by all the terms, conditions and stipulations contained in this agreement and all applicable laws, are now willing to enter into this agreement on the terms and conditions appearing hereinafter. 8 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 Flat / Apartment 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 said Act with the Maharashtra Real Estate Regulatory Authority bearing certificate no. _____________. AND WHEREAS under section 13(1) of the said Act the Promoter is required to execute a written Agreement for sale of said Flat / Apartment with the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908. In accordance with the terms and conditions set out in this agreement and as mutually agreed upon by and between the parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the Flat / Apartment. 9 NOW THIS AGREEMENT WITNESSETHD AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter shall construct the said building consisting of ground Floor with parking , and Four upper floors and top terrace on the said Property 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 Flat of the Allottee except any alteration or addition required by any local, Government, semi Government authorities or due change in law, rules and regulations. 1.a (i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Flat / Apartment No. ___________ of admeasuring _______ sq. mtrs carpet area situated on_______floor in the building known as “MADHURAJANI RESIDENCY” (hereinafter referred to as "the Flat / Apartment") as shown in the Floor plan thereof hereto annexed and marked Annexure 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 Flat / Apartment 10 including the proportionate price of the common areas and facilities and parking spaces should be shown separately) 1(b) The Allottee has paid on or before execution of this agreement a sum of Rs __________ (Rupees ________________________ only) (not exceeding 10% of the total consideration) as advance payment or application fee and hereby agrees to pay to that Promoter the balance amount of Rs .......................... ( Rupees ................................... ) in the following manner :- i. Amount of Rs. ............. (Rupees .............) (not exceeding 30% of the total consideration) to be paid to the Promoter after the execution of Agreement. ii. Amount of Rs. ............. (Rupees .............) (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 Flat / Apartment is located. iii. Amount of Rs. ............. (Rupees .............) (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 Flat / Apartment is located. iv. Amount of Rs. ............. (Rupees .............) (not exceeding 75% of the total consideration) to be paid to the Promoter on completion of the walls, internal plaster, floorings doors and windows of the said Apartment. v. Amount of Rs. ............. (Rupees .............) (not exceeding 80% of the total consideration) to be paid to the Promoter on completion of the Sanitary fittings, staircases, lift wells, lobbies upto the floor level of the said Apartment. 11 vi. Amount of Rs. ............. (Rupees .............) ( 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 Flat / Apartment 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 Flat / Apartment is located. viii. Balance Amount of Rs...../-(............) against and at the time of handing over of the possession of the Flat / Apartment to the Allottee on or after receipt of occupancy certificate or completion certificate. 1(d) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, GST 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 and Allottee under the bounded duty to pay the same i.e. all tax amount to the Promoter before execution of Sale Deed) up to the date of handing over the possession of the Flat / Apartment 12 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 along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. 1(f) The carpet area of the Flat / Apartment is calculated as per the definition given in the said Act subject to fluctuation of not more than 3%. 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. In case the fluctuation in the carpet area of Flat / Apartment is found more than 3% then the total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to 13 Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet 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. 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 Flat / Apartment to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Apartment. 2.2 Time is of 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 Flat / Apartment to the Allottee and the common areas to the Co-operative Housing Society / association of the allottees after receiving the occupancy certificate or the completion certificate 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 14 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 said Property is ________ square meters only and Promoter has planned to utilize Floor Space Index of ______ by availing TDR (slum TDR) or FSI available on payment of premiums or FSI available as incentive FSI, paid 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 said Property in the said Project and Allottee has agreed to purchase the said Flat / Apartment based on the proposed construction and sale of apartments to be carried out by the Promoter by utilizing the proposed FSI, TDR, paid FSI or premium 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 Flat / Apartment to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till the handing over of the possession. The Allottee 15 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 installments, 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 installments of 16 sale consideration of the Flat / Apartment which may till then have been paid by the Allottee to the Promoter. 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like one or more lifts with particular brand, or price range (if unbranded) to be provided by the Promoter in the said building and the Flat / Apartment as are set out in Annexure 'E', annexed hereto. 6. The Promoter shall give possession of the Flat / Apartment to the Allottee on or before 31st day of December 2020. If the Promoter fails or neglects to give possession of the Flat / Apartment to the Allottee on account of reasons beyond his control and of his agents by the aforesaid date then the Promoter shall be liable on demand to refund to the Allottee the amounts already received by him in respect of the Flat / Apartment with interest at the same rate as 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 Flat / Apartment on the aforesaid date, if the completion of building in which the Flat / Apartment is to be situated is delayed on account of - (i) war, civil commotion or act of God; (ii) war, civil commotion or act of God (iii) 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 17 the Allottee as per the agreement shall offer in writing the possession of the Flat / Apartment, to the Allottee in terms of this Agreement to be taken within 15 days from the date of receipt of such notice and the Promoter shall give possession of the Flat / Apartment to the Allottee. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter or association of allottees or Co-operative Housing Society, 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 Flat / Apartment within 15 days of the written notice from the promoter to the Allottee intimating that the said Apartment is ready for use and occupancy by paying the entire balance consideration and other amounts mentioned in this Agreement payable by the Allottee to the Promoter. 7.3 Failure of Allottee to take Possession of Flat / Apartment: Upon receiving a written intimation from the Promoter as per clause 7.1, the Allottee shall take possession of the Flat / Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the Flat / Apartment to the allottee. In case the Allottee fails to take possession within the time 18 provided in clause 7.1 such Allottee shall continue to be liable to pay maintenance charges as applicable 7.4 If within a period of five years from the date of handing over the Flat / Apartment to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Flat / Apartment or the building in which the Flat / Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. Provided that it is agreed that the described liability period under the Act shall be deemed to have commenced from the date of Completion Certificate of the Flat / Apartment or from the date on which the Promoter has given the necessary intimation for possession, whichever is earlier. Provided further, it is agreed that the Allottee shall not carry out any alterations of whatsoever nature in the said Flat / Apartment or in the fittings therein, in particular it is hereby agreed that the Allottee shall not make any alterations in any of the RCC structure, fittings, pipes, water supply connections or any other erection in the bathroom, kitchen, toilet, WC, terrace, etc. If any of such works are carried out or any heavy load are stored in the said Flat / Apartment, balcony, terrace etc., any liability including the defect liability automatically shall become void and the Allottee alone shall be responsible for it. Further the Allottee will be liable 19 for paying damages, if any, to the Allottee of Flat / Apartment below or any affected flat. If due to the Allottee or any other Allottee/s act or negligence, the Allottee’s flat is damaged, the repairs shall be carried out by the party responsible for such an act and the Promoter shall not be liable for the same. 8. The Allottee shall use the Flat / Apartment or any part thereof or permit the same to be used only for purpose of residence. 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 Apartments in the building shall join in forming and registering the Society or Association to be known as “MADHURAJANI RESIDENCY” 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 and 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 form a Co-operative Housing Society, or Association within three months from the date of Occupation / Completion Certificate and 20 further 51% of the total allottees in the building having paid full consideration cause to be transferred to the society all the right, title and the interest of the Promoter and/or the owners in the said structure of the building in which the said Flat / Apartment is situated. 9.2 Within 15 days after notice in writing is given by the Promoter to the Allottee that the Flat / Apartment is ready for use and occupancy, the Allottee shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Flat / Apartment) of outgoings in respect of the Property 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 said Property and building/s. Until the Society or association 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. ________/- (Rupees ______________________ Only) 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 of the structure of the building is executed in favour of the society or association as aforesaid. On such 21 conveyance being executed for the structure of the building the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or Association, 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 deposit towards provisional monthly contribution towards outgoings of Society or association, as the case may be (ii) Rs………………. For Deposit towards Water, Electric, and other utility and services connection charges (iii) Rs ________ for deposits of electrical receiving and Sub Station provided in Layout. (iv) The Allottee shall pay the property tax and other applicable taxes to Pune Municipal Corporation, Government, semi Government authorities for his / her / their Flat / Apartment to the concerned authorities from the date of Completion Certificate / from the date of possession 11. The share money, and 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 association and for preparing its rules, regulations and bye-laws are included in the consideration payable by the Allottee to the Promoter, however the Allottee shall pay the cost of preparing and engrossing the conveyance as and when demanded by the Promoter. 12. At the time of registration of conveyance of the structure of the building, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and 22 registration charges payable, by the said Society or Limited Company on such conveyance or any document or instrument of transfer in respect of the structure of the said Building of the building together with the said Property and amenities. 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 said Property; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the Property and also has actual, physical and legal possession of the said Property 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 said Property or the Project except those disclosed in the title report. The Promoter may availed the loan from from financial institutions in case required for the timely completion of the said Building. The Promoter will obtain No objection certificate for sale of the aforesaid Flat / Apartment from said Financial Institution as per the understanding between the Promoter and Financial Institution. 23 iv. There are no litigations pending before any Court of law with respect to the said Property 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, said Property and said building are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, said Property 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, said Property, Building and common areas; vi. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; vii. The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the said Property, including the Project and the said Flat / Apartment which will, in any manner, affect the rights of Allottee under this Agreement; viii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Flat / Apartment to the Allottee in the manner contemplated in this Agreement; 24 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 said Property 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 Flat / Apartment may come, hereby covenants with the Promoter as follows :- i. To maintain the Flat / Apartment at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the Flat / Apartment is taken and shall not do or suffer to be done anything in or to the 25 building in which the Flat / Apartment is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the building in which the Flat / Apartment is situated and the Flat / Apartment itself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the Flat / Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Flat / Apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Flat / Apartment is situated, including entrances of the building in which the Flat / Apartment is situated and in case any damage is caused to the building in which the Flat / Apartment is situated or the Flat / Apartment on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. iii. To carry out at his own cost all internal repairs to the said Flat / Apartment and maintain the Flat / Apartment 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 Flat / Apartment is situated or the Flat / Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public 26 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 Flat / Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Flat / Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Flat / Apartment is situated and shall keep the portion, sewers, drains and pipes in the Flat / Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Flat / Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the Flat / Apartment 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 said Property and the building in which the Flat / Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. 27 vi. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Flat / Apartment in the compound or any portion of the said Property and the building in which the Flat / Apartment is situated. vii. Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Flat / Apartment 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 Flat / Apartment by the Allottee for any purposes other than for purpose for which it is sold. ix. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Flat / Apartment until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up. x. The Allottee shall observe and perform all the rules and regulations which the Society or association may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Apartments therein 28 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 or association regarding the occupancy and use of the Flat / Apartment in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. xi. Till a conveyance of the structure of the building in which Flat / Apartment is situated is executed in favour of Society or association, 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 said Property on which the building in which Flat / Apartment is situated is executed in favour of Society or association, 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 Property or any part thereof to view and examine the state and condition thereof. 29 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 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 Flat /Apartment and Building and the said Property or or any part thereof. The Allottee shall have no claim save and except in respect of the Flat / Apartment 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 association and until the said Property is transferred to the Society or association as hereinbefore mentioned. 17. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoter executes this Agreement he shall not mortgage or create a charge on the Flat / Apartment and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of 30 the Allottee who has taken or agreed to take such Flat / Apartment. And in such a case before execution of sale deed, Promoter get redeem such mortgage. 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 31 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 Flat / Apartment / 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 Flat / Apartment, in case of a transfer, as the said obligations go along with the Flat / Apartment for all intents and purposes. 22. SEVERABILITY If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 32 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 Flat / Apartment to the total carpet area of all the Flat / Apartment 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, 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 Amravati. 33 26. The Allottee and/or Promoter shall present this Agreement as well as the conveyance/assignment of lease 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:___________ Promoter name: Mr. Nitin Vitthalrao Bhatkar (Promoter Address) : _______________ Notified Email ID: nitinbhatkar@gmail.com 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 34 him/her which shall for all intents and purposes to consider as properly served on all the Allottees or on any one of them. 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 MAHA RERA 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 _______ courts will have the jurisdiction for this Agreement SCHEDULE-I (Description of property) All the piece and parcel of land situated at Mouje Amravati Pragane Badnera, Tq. & Dist. Amravati, within the local limit of Municipal Corporation of Amravati and within the jurisdiction of Sub-Registrar, Amravati, Plot No. 1/15, Out of Sheet No. 46-B, total admeasuring 1213 Sq.fts. (112.69 Sq.mtrs.) and Plot No. 180/8 out of Sheet No. 46-A, total admeasuring 13377.38 Sq.fts. (1242.8 Sq.mtrs.) out of which southern portion admeasuring 5977 Sq.fts. (555.28 Sq.mtrs.) total admeasuring of these two plot 7190 sq.fts. (667.97 Sq.mtrs.) which is commonly bounded as under : 35 Towards East : Service Lane, Towards West : Main Road, Towards North : Rest of the Portion of Plot No. 180/8, Towards South : Plot of Mr. Ganorkar SCHEDULE-II (Description of the Flat) All that piece and parcel of the premises bearing Flat / Apartment No. __________ of admeasuring _________. sq. metres carpet area exclusive enclosed balcony admeasuring about ___ Sq. mtrs. and open terrace area admeasuring about _____ Sq. mtrs. situated on ________ floor in the building known as “MADHURAJNI” being constructed on the property more particularly described in Schedule-I mentioned hereinabove. The said Flat is shown on the floor plan annexed hereto in red color boundary line. The area of the Flat is approximate. IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement for sale at _____________ in the presence of attesting witness, signing as such on the day first above written. 36 Photo Thumb Impression Signature Promoter 1)___________________ 2)___________________ The Allotee/s Witnesses :- 1. Signature - Name - Address - 2. Signature - Name - 37 Address – ANNEXURE –A Name of the Attorney at Law/Advocate, Address : Date : No. RE. : Title Report Details of the Title Report ANNEXURE –B (Copies of Property Card or any other revenue record showing nature of the title of the Vendor/Lessor/Original Owner/Promoter to the said Property). ANNEXURE –C-1 (the copies of the plans of the Layout as approved by the concerned Local Authority ) ANNEXURE C-2 ( the 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 The authenticated copies of the plans and specifications of the Flat / Apartment agreed to be purchased by the Allottee, as approved by the concerned local authority. ANNEXURE –E SPECIFICATIONS STRUCTURE & MASONARY ANNEXURE –E SPECIFICATIONS STRUCTURE & MASONARY - termite treatment to all structures 38 ,4” thick brick/block masonry walls Smooth PUTTY Finish Plaster Inside KITCHEN & DRY BALCONY connection for washing machine BATHROOM DOORS, WINDOWS & RAILING sill for windows or waterproof Door Screen flush doors for bedrooms and toilets g for balcony ELECTRICAL FITTINGS FLOORING ire flat -skid ceramic flooring in toilet/bathroom PAINTING 39 Water Proof Snow Cement paint for external faces AMENITIES Gate as per sanctioned map Solid Waste treatment plant ANNEXURE –F Authenticated copy of the project granted by the Maharashtra 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. 40