1 ? AGREEMENT TO SALE Zone No.--- @, Rs /- perSSc .mtr Government value Rs Actual consideration Rs.--------- Date of execution of this eement Place of execution of this Agreement Auran bad BETWEEN M/s. Raj Real Estate A Registered Partnership Firm Having its registered office at Nalanda building, Plot No. 5-1.4-47 / |, Adalat Road, Aurangabad. through its partner l. Shri. Sanjay Keshavrao Bhalekar Age : 55 Yrs. Occu.: Business R/o Nalanda building, Plot No. 5-11-41 I 1, Adalat Road, Aurangabad 2. Shri. Rajesh Bapusaheb Gunjal. Agc :44 Yrs. Occu.: Busjness Shir.nen Plot No. 5-14-4.1/2, Adaiat Road, Aurangabad (Hereinafter called as 'GRANTOR/OWNtrR', which expression shall mean, include all its Directors, their heirs, successors, representatives, executors, administrators & assignees ctc.) of the One Part AND Age: Yrs. Occu.: PAN No. Mr. Age : -- Yrs. Occu.: .-------. PAN No. PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 2 ereinafter referred to as " the Row House/Shop Purchaser" of the other Part TITLE FLOW OF THE PROPERTY In view of llle 7/72 Extract of Survey No. 210/3, issued by the concern Talathi the property Land admeasuring 1H 45R part of Survey No. 210/3, situated at village llarsool, Tq. & Dist. Aurangabad , is came to the share of Shri. Manohar Punjaji Autade in family partition. That, Shri. Manohar Punjaji Autade & signed by Shri. Ravindra Manohar Autade, Shri. Deepak Manohar Autade & Sow. Chaya Sanj ay Lembe as the consenting party have executed Registcred Sale Deed bearing No. 938, dtd. OL.O2.2O7O, in favour of M/s. Raj Iieal [tstate through its partner Shri. Sanj ay Keshavrao Bhalekar & Shri. Rajesh Bapusaheb Gunjal with respect to the land admcasuring lAcre 1O.SGhunte, part of Survey No. 210/3, situated at village Harsool, Tq. & Dist. Aurangabad . On the basis of above referred Sale Deed the revenue authorrty has sanctioned the mutation bearing No. 12539, and recorded the name of M/s. Raj Real Estate through its partner Shri. Sanjay Keshavrao Bhalekar & Shri. Rajesh Bapusaheb Gunjal on 7ll2 Extract of Sunev No. 210/3, as the owner and possessor of the land admeasuring lAcre lO.SGhunte, part of Survey No.210/3, situated at village Harsool, Tq. & Dist. Aurangabad and their names are continued up -till- now. That, the Collector, Aurangabad, has granted permission for non agriculture use of the sard property, vide his N.A. Order bearing No. 667, dtd. 06.O3.2072, issued in the name of M/s. Itaj Real Estate through its partner Shri. Sanjay Keshavrao Bhalekar & Shri. Rajesh Bapusaheb Gunjal with respect to the land Survey No. 210/3, situated at village Harsool, Tq. & Dist. Aurangabad. That, the Municipal Corporation Aurangabad, has granted permission for construction, as per the approved map construction, vide his Commencement Certificate bearing file No. 313/17 /2oll-12 dtd. 17.O5.2O17, issued in the name of M/s. Raj ReaI Estate through its partner Shri. Sanj ay Keshavrao Bhalekar & Shri. Rajesh Bapusaheb Gunj al with respect to land Survey No. 210/3, situated at village Harsool, Tq. & Dist. Aurangabad . That, the Dy. Director Town Planning, Municipal Corporation Aurangabad has approved Map of Construction approved in the name of M/s. Raj Real trstate through its partner Shri. Sanjay Keshavrao Bhalekar & Shri. Rajesh Bapusaheb Gunjal with respect to land Survey No. 210/3, situated at village Harsool, Tq. & Dist. Aurangabad . That, M/s. Raj Real Estate through its partner Shri. Sanjay Keshavrao Bhalekar & Shri esh Ba usaheb Gun al have executed Re stered Deed PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 3 of Declaration bearing No. 7512, dtd. 06.11.2012 and its Registered Correction Deed Bering No. 2738 dated 10.04.2013, with respect to land admeasuring lAcre 1O.SGhunte, part of Survey No. 210/3, situated at village Harsool, Tq. & Dist. Aurangabad and thereby the said building is nomenclature as "Deogiri Puram". That, after the completion of the construction work as per the approved map of construction, the Municipal Corporation, Aurangabad, has issuecl completion certificate bearing r,o. l45l17 l2O 17 18 dated L8.O7.2OI7 to the extent of Row House No. 1 to 9 & 13 to 20 of "Deogiri Puram". NAME OF THE PROJECT " l)eo ri Puram" DETAILS OF THE PROJECT 'l'he Promoter/Vendor has proposed to construct new multistoried building I consisting of following details Total Number of Units Residential Units/Row Houses 7 Number of Floors Parkin + Two Name of the Buildin "Deogiri Puram" Description of Plot on which the land Survey No. 210/3, situated at building is constructed village llarsool, Tq. & Dist. Aurangabad SCHEDULE _ B "Deogiri Puram" DETAILS AREA STATEMENT OF ROW-HOUSES AREA STATEMENT OF ROW HOUSES FOR DECLARATION DEED OF DEVGIRI PURAN/, AT GUT N0.210 (P), HARSUL, AURANGABAD, TOTAL %lN TOTAL %lN CARPET cotvt\40N NO. OF BU ILT COIV]IV]ON SR NO FLOOR AREA AREA UNIT UP AREA (Built AS PER (Carpet AREA up Area) I RERA Area) Row a nao/ L.+J 24 House - First 77.88 84.50 2.37To /O 24 Second Row 25 House - First 77,BB 82.07 2.37% 2.36% 25 Seco n d PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 4 I Row 26 House - First 77 BB 82.07 2.37o/o 2 36Yo 26 I Second l Row 27 House - First 77,88 82.07 2.370/o 2.360/o 27 Second Row 28 House First 77.88 82.07 2.37Y0 2.364/o 2B Second Row 29 House First 77,BB 82 07 2 374/0 2.360/o 29 Second Row 30 House - First 77 88 84 50 2.37Yo Z.+J1o 30 Second TOTAL 2336 40 2476.68 71.160/, 71.21Y0 AND WHDEREAS the Promoter/Vendor has entered into a standard Agreement with an Architect registercd with the Council or Architects and such Agreement is as per the Agreement prescribed by the Council or Architects; AND WHEREAS the Promoter/Vendor has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoter/Vendor accepts the professional supervision of the Architects and the structural Engineer till the completion of the building/ buildings. AND WHEREAS by virtue of the above referred Sale Deed the Promoter/Vendor alone has the sole and exclusive right to sell the Row Houses in the said building to be constructed by the Promoter/Vcndor on the said lald and to enter inttr Agreement/s with the purchaser/s of the Row Houses to receive the sale price in respect thereof; AND WHEREAS the Row House Purchaser demanded from the Promoter/Vendor and the Promoter/Vendor has givcn inspection to the Row House Purchaser of all the documents listed in ANNEXUtr D of title relating to the said land & has also provided the one set of Photo Copy to the Row House purchaser. AND WHEREAS the Copies of Certificate of Title issued by the Advocate of the Promoter/Vendor, copies of Property Card or any other relevant revenue record showing the nature of the title of the Promoter/vendor to the said land on which the Row Houses are constructed or are to be constructed and the copies of the plans and specihcations of the Row House agreed to be purchased by the Row House Purchaser approved by the concerned local authority have been annexed hereto and marked Annexure ,C', respectively. PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 5 The Row House Purchaser has/have examined the titte, rights, interest, claims of the Promoter/Vendor to the said land and has seen the documents of title in the Promoter/ Vendor's possession. The Purchaser is fully satisfied with the Promoter/Vendor's right, interest and title in the property. The Purchascr has taken inspection of the plans and specifications of the proposed construction and which have been approved by the authority. The Purchaser has also peruscd the lay out plan of housing scheme, proposed internal roads, amenities, facilities proposed to be provided in the scheme and purchaser fully satisfied about it. AND WHBRtrAS the Promoter/Vendor has got approved from the concerned iocal authority the plans, the specifications, elevations, sections and details of the said building/ s. AND WHEIREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and r-estrictions which are to be observed and performed by the Promoter/Vendor while developing the said land and the said building and upon due observance and pcrformancc of rvhich only the complction and occupation certihcates in respcct of thc said building/s shall be granted by the concerned local authority. AND WIIERtrAS the Promoter/Vendor has accordingly commcnced constructior-l of the said building/s in accordance with the said plans. AND WIItrRIfAS the Row LIouse Purchaser applied to the Promoter/Vendor for allotment to the Row Ilouse Purchascr of Row House No. --, having carpet area admeasuring ---- Sq. Meter & built up area admeasuring ------ sq. meters, Parking + Stilt + Stilt First Floor, in the ProJect known as ,,Deogiri Puram',, constructed on land Survey No. 21O/3, situated at village Harsool, Tq. & Dist. Aurangabad. AND WI-IERITAS the Vendor has agrccd to sell and the Purchaser has agrced to purchase the said propcrty at or for the price of Rs. /- (Rupees only) upon thc tcrms and subjcct to the conditions hcrcinafter appearing. AND WHtrRtrAS prlor to the execution of these prescnts the Row House I\rchaser has paid to the Promoter/Vendor a sum of Rs. (Rupees only), by cheque detailed as below :- lsr, Amount UTR/Cheque/P l)atc Name of the Bank Inn in Rupees ay- Order/ Demand Draft No. I ? 1 3 lt _t_ being part paymcnt of the sale price of the Row House agreed to be sold by the Promoter/Vendor to the Row l-louse Purchaser as advance payment or deposit (the payment and receipt whereof the Promoter/Vendor both hereby admit and acknowledge) and the Row House Purchaser has agreed to pay to the PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 6 Promoter/Vendor the balance of the sale price in the manner hereinafter appearing. AND WHITREAS under section 13 of the said Act thc Promoter/Vendor is required to execute a written agreement for sale of said Row House to the Row House Purchaser, being in fact these presents and also to.egister said Agreement under the Registration Act, 1908. NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEIY THE PARTIES HERETO AS FOLLOWS:. 1. The Promoter/Vendor shall construct the said building/s consisting of Parking floor + Tvro floors, on the said land in accordance with the plans, designs and specilications as approved by the concerned local authorrty from time to time: 2. Provided that the Promoter/Vendor shall have to obtain prior consent in writing to the Row House Purchaser in respect of variations or modifications which may adversely affect thc Row House of the purchaser except arry alteration or addition required by any Government authorities or duc change in law. 3. The Row House Purchascr hercby agreed to purchase irom thc Promoter/Vendor and the Promoter/Vcndor hereby agrees to sell to the Row House Purchaser applied lo the Promoter/Vendor for allotment to the Row I'{ouse Purchaser of Row House No. --, having carpet area admeasuring ----- Sq. Meter & built up area admeasuring ------ sq, meters, Parking + Stilt + Stilt First Floor, in the Project known as "Deogiri Puram", constructed on land Survey No.21O/3, situated at village Harsool, Tq. & Dist. Aurangabad as shown in the Floor plan thereof hereto annexed and marked Annexure D/ Row House No. --, having carpet area admeasuring ----- Sq. Meter & built up area admeasuring ----- sq, meters, Parking + Stilt + Stilt First Floor, in the Project known as "Deogiri Puram", constructed on land Survey No. 21O/3, situated at village Harsool, Tq. & Dist. Aurangabad {hereinafter referred to as "the R<:*' lilcLrrc") for thc price of Rs. (Rupees _ only) which includes the proportionate price of the common areas, facilities appurtenant to the premises, and common Parking Space the nature, extent and description of the common/limited common areas and facilities which are more particularly described in the Second Schedule annexed herewith. The Row House Purchaser hereby agrecs to pay to lhat Promoter/Vendor the balance amount of purchaser price of Rs. - (Rupees . __ only) to the Promoter/Vendor in the following manner:- -l Sr. Amount 1n Payment Stage No Rupees I 1 (10% of the transaction price) to be paid to the Promoter on or before the execution of eement 2. (30% of the transaction price) after execution of this Agreement to Sale 3. I (45ok of the transaction pdce) to be paid to the Promoter on completion of the Plinth of the buildin or in which the said Row House is PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 7 iocated +. (7 Oo/o of the transaction price) to be paid to the Promoter on completion of the slabs including podiums and stilts of the building or wing in which the said Row House is located 5. 17 Sok of thc transaction price) to be paid to the Promoter on completion of the walls, internal plastcr, of the building or wing in which the said Row Flouse is located 6 (80% of the transaction price) to be paid to the Promoter on completion of the Sanitary fittings, stair case, lift, walls, lobbies up to the floor level of thc said apartment. 7. (85% oi thc transaction pricc) to be paid to the Promoter on completion of the external plumbing and external plaster, elevation, terrace with water proofing of the building or w1n in which the said Row House is located 8 1959/o of the transaction price) to be paid to the Promoter on completion of the lifts, water pumps, electrical fittings, electro, mechanical and environmental requirements, entrance lobby/s, plinth protection, paving of areas, appertain and all other requirements as may be dcscribed in the Agreement to Sale of the building or wing in which the said apartment is iocated. (l (Remaining Amount) at the time of handing over of the possession of the Row Ilouse to the Rou, House Purchaser on or after receipt of OCCL] ation certi !Se!C c,rcpmllqti on ccrtificarte 'l'he Promoter/Vendor 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 handling over possession of the Row House to the Row House Purchaser, obtain from the concerned local authority occupation and/or completion certificates in respect ol the Row I-{ouses. The Promoter/Vendor hereby makc full and truc disclosure of the nature of his title to the said land as wcll as cncumbranccs, if any, including ;Lny right, title, interest or claim of any party in or from all encumbrances and that the Promoter/Vendor has/have absolutc, clear and marketable title to the said land so as to cnable him to on the exccution of a conl,eyance of the said land by the Promotcr/Vendor in favour of the said Society/Limited Company. 2. The Row House Purchaser agrees to pay to the Promoter/Vendor interest at 15% per cent per annum on ali the amounts which become due and payable by the Row House Ihrchaser to the I)romoter/Vendor under the terms of this Agreement from the date the said amounts is payable by the purchaser to thc Promoter/ Vendor. PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 8 3. On the Row llousc Purchaser committing default in payment on due date of any amount duc and payable by thc Row House Purchaser to the Promoter/Vendor undcr th:is Agrer:ment (including his/her Proportionate share of taxes levied by concerned local authotity and other outgoings) and on the Row Housc Ilurchaser committing breach of any of the terms and conditions herein contained, the Promoter/Vendor shall be entitled at his own option to terminate this Agreement: Provided that, the power of termination hereinbcfore contajned shall not be exercised by the Promoter/Vendor unlcss and until the Promoter/Vendor shall havc givcn to the Row Flousc Purchaser Fifteen days prior notice in writing of his intention to tcrminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement and default shall have been made by the Row Housc Purchaser. Provided further that upon termination of this Agreement as aforesaid, the Promoter/Vendor shall rcfund to the Row Llouse I\trchaser the installments of sale price of the Row House which may till then have been paid by the Row House Purchaser to the Promoter/Vendor but the Promotcr/Vcndor shzrll not be 11ab1e to pay to the Row House Purchaser any interest on the amount so refunded and upon termination of this Agreement and refund of aforesaid amount by the Promoter/Vendor, the Promoter/Vendor, shall be at liberty to dispose of and seil the Row House to such person and at such price as the Promoter/Vendor may in his absolute discretion think fit. 4. The fixture and fittings w'ith regard to the flooring and sanitary fittings and amenities like lifts with particulars like brand, or pricc range to be provided by the Promoter/Vendor in the said buildir-rg and the Row House are those that are set out in Anncxure '11' annexed hereto. 5. The Promoter/Vendor shall give possession of the Row House to the Purchaser on or before 1,9.08.2020. If the Promoter/Vendor fails or neglects to give possession of the Rorv l-{ouse to the Purchaser on account of reasons beyond his control and of his agents as per the provisions of the Real Estate (Regulation and Development) Act, 2016, then the Promoter/Vendor shall be liable on demand to refund to the Row House Purchaser the amounts already received by him in respect of the Row House with interest at a rate as may be prescribed by the Housing Regulatory Authority per annum from the date the Promoter/Vendor received the sum till the date the amounts and interest thereon is repaid, provided that by mutual consent it is agreed that disputes as to whether stipulations specified in the Act. Till the entire amount and interest thereon is refunded by the Promoter/Vendor to the Row House Purchaser there shall, subject to prior encumbrances if any, be a change on the said Row House as well as the construction or building in which the Row Houses are situated or were to be situated: Provided that the Promoter/Vendor shall be entitied to reasonable extension of time for giving delivery of Row House on the aforesaid date. if the completion of buildin glnw hich the Row House is to be situated is dela ed on account of- (i) Non-availability of steel, other buiiding material, water or electric supply; (ii) War, Civil Commotion or act of God; PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 9 (iii) Any notice, order, rule, notification of the Government and/or other public or competent authority, any prohibitory order of any COUIT ainst develo ment of ro e 1V De1 Government officials in v1n the Occu an Certihcate (v) In any rules, regulation, bye laws of various statutory bodies and authorities affectin the develo ment and the ect (\,i) Delay in grant of any Oc/permission /license/ connection for installation of any services, such as liFts, electricity and water connections and meters to the project/Row House/road/Fire Fi htin Lt1 ments (vii) Changes in any rules, regulation, bye-laws of various statutory bodies and authorities affectin the develo ment and the ro ect The Promoter/Vendor 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 authori{ at the time of salctioning the said plans or thereafter and shall, before handling over possession of the Flat to the Flat Purchaser, obtain from thc concerned local authority occupation and/or completion ccrtificates in respect of thc Flats. 6. The Promoter/Vendor hereby make full and true disclosure of the nature of his title to the said land as well as encumbralces, if any, including any right, title, interest or claim of arly party in or from all encumbrances and that the promoter/Vendor has/have absolute, clear and marketable title to the said lald. 7 The FIat l\rchaser agrees to pay to the Promoter/Vendor interest at 1506 per cent per annum on all the amounts which become due and payable by the Flat Purchaser to the Promoter/Vendor under the terms of this Agreement from the date the said amounts is pavable by the purchaser to the promoter/ Vendor. 8. On the Flat Purchaser committing default in payment on due date of any amount due and payable by the Flat Purchaser to the Promoter/Vendor under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the FIat purchaser committing breach of any of the tcrms and conditions herein contained, the promoter/Vendor shall be entitled at his own option to terminate this Agreement: Provided that, the power of termination hereinbefore contained shall not be exercised by the Promoter/Vendor unless and until the Promoter/Vendor shall have given to the Flat Purchaser Fifteen daYs prior notice in writing 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 and default shall have been made bv the Flat Purchaser. Provided further that upon termination of this Agreement as aforesaid, the Promoter/Vendor shall refund to the lrlat Purchaser the installments of sale price of the FIat which ma1, rill then have bccn paid by the Flat Purchaser to the Promoter/Vendor but the Promoter/Vendor shall not be liable to pay to the Flat Purchaser any interest on the amount so refunded and upon termination of this Agreement and refund of aforesaid amount by the Promoter/ Vendor, the Promoter/Vendor, shall be at liberty to dispose of and sell the Flat to such person and at such price as the Promoter/Vendor may in his absolute discretion think fit. 9. The fixture and fittings rvith regard to the flooring and sanitary fittings and amenities like lifts with particulars like brand, or price range to be provided by the Promoter/Vendor in the said building and the Flat are those that are set out in Annexure 'E' annexcd hereto. 10. The Promoter/Vendor shall give possession of the Flat to the Purchaser on or before 19.08.2020. If the Promoter/Vendor fails or neglects to give possession of PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 1.0 the Flat to the Purchaser on account of reasons beyond his control and of his agents as per the provisions of the Real Estate (Regulation and Development) Act, 2016, then the Promotcr/Vendor shall be liable on demand to refund to the Flat Purchaser the amounts already received by him in respect of the Flat w-ith interest at a rate as may be prescribed by the Housing Regulatory Authority per annum from the date the Promoter/Vendor received the sum till the date the amounts and interest thereon is repaid, providcd that by mutual consent it is agreed that disputes as to lvhether stipulatiolls specified in the Act. Till the entire amount and interest thereon is refunded by the Promoter/Vendor to the Flat Purchaser there shall, subject to prior encumbrances if any, be a change on the said Flat as rvell as the construction or building in which the Flats are situated or were to be situated: Provided that the Promoter/Vendor shall be entitled to reasalablc rIte4lia! af time for qiving delive rv of Flat on the aforesaid date, if the comnletion of buildins in u'hich the Flat is to be situated is delavcd on account of 1 Non avarlabili of steel. other buildin material $.ater or electric su (iil War. Civil Commotion or act of God; (iii) Any notice, order, rule, notification of the Government and/or other public or competent authority, any prohibitory order of arly court against development of propertv lV Dela Governmcnt officials in vi11 thc Occu Certificate (v) ln any rules, regulation, bye laws of various statutory bodies and a u t fi o r1 ti e S a ffec ltg lr c cl (l e Loglgnt e]]d h C p roJ c C t (vi) Delay in grant of any OC / permission / license/ connection for installation of any serviccs, such as lifts, electricit), and water connections and meters to the ro ect Flat road l'ire Fi t1n u1 ments (vii) Changes in any rules, regulation, bye-laws of various statutory bodies and authorities affec the develo nt and the ect 11. The Flat Purchaser shall take possession of the Flat within 15 days of the Promoter/Vendor giving written notice to the Flat Purchaser intimating that the said Flats are ready for use and occupation: The Purchaser can contact the Developer in writing within one year of technical possession to demand after self service if any deficiency in the project noticed like plumbing defects, leakages. The Promoter will be liable for R.C.C. structural defects for five years, except the fol1ow-ing defect liabilities. DEFECT LIABILITY a. If within a period of five years from the date of handing over the Apartment to the Unit/Flat Purchaser, the Unit/F1at Purchaser brings to the notice of the Promoter any structurai defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possibie to rectify such defects, then the Unit/F1at Purchaser shall be entitled to receive from the Promoter, compensation for such defect in the manner as provlded under the Act. PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 11 t,. Provided however, that the Unit/Flat purchaser/s shall not carry out any alterations of the whatsoever nature in the said apartment of phase/ wing and in specific the structure of the said unit/ wing/ phase of the said building which shall include but not limit to columns, beams etc. or in the fittings therein, in particular it is hercby agreed that the Unit/Flat purchaser/s shall not markc anv alterations in any ol thc fittings, pipes, water supply connections or any crection or alteration in the bathroom, toilet and kitchcn, rvhich may result in seepage oI the water. If any of such works are carried out without the written consent of the Promoter the defect liability automatically shall become void. The word defect hcrc means only the manufacturing ancl rvorkmanship deflect/ s causcd on account of willlul neglect on the part of the Promotcr, and shall not mean defect/s caused by normal u,ear and tear and by negligcnt use of apartment by the Occupants, vagaries of nature etc. c. That it shall be the responsibility of the Unit/Flat Purchaser to maintain his unit in a proper manner and take all duc care nccded inr:luding but not limiting to t.hc joints in the tiles in his Flat arc regularly filled with whitc cement/epoxy to prevent water seepage. After handing over the possession of the flat, thc flat purchascr '"r,ill be responsible for maintaining septic tank, soak pit, as loca1 authority has not provided drainage system in thc said area. d. Further where the manulacturer warranfy as shown by the developer to thr: Unit/I,'lat Purchaser ends before the dcfects liability period and such warranties are covered under the mainten:rnce of thc said unit/building lphasel wing, and if thc annual maintenanr:c contracts are not done/renewed by the Unit/ Flat Purchaser/ s the promoter shall not be responsible for any dclects occurring due to the samc. e. That the projcct as a whole has been conceived, designed and constructcd bascd on thc commitmcnts and s,arrantics given by the vendors/ mar-rufacturcrs that all equipment,s, fixtures and fittings shall bc maintaincd and covcrcd by mainte n:rnr:c/ u/arranty contracts so as it to be sustainable and in proper working condition to continue warranty in both the plats and the common prr-rject amenities rvhcrever applicable. i. That the tJnit/ Irlat I)urchascr has bccn madc awarc and that the Unit/ I,'lat l\rchaser cxpressly agree s that thc regular wcar and tear of the unit/ building/ phase/ wing includes minor hairline cracks on the external and internal walls excluciing the RCC structure which happens due to variation in temperature of more than 20*C and which do not amount to structural defects and hencc cannot be attributcd to eithcr bad workmanship or structural dcfect. PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor 1"2. g. It is cxprcssly agrccd that bcforc any liability of delect is clarmcd by or on behalf of thc Unit/ l"lat Purchase r, it shall be nccessary to appoint an expert u,ho sha1l be a nominated surveyor who shall survey and asscss the same and shall then submit a report to state the defects in materials used, in thc structurc built ol the unit/phasc/ wing and in the workmanship executed keeping in mind the aforesaid agrecd clauses of this agreement. 12. The Flat Purchaser sha11 use Flat or any part thereof or permit thc samc to be used only for purpose oI Flats/shop/ godown. lIe shall use the garage or parking space only for purpose of keeping or parking thc l,'lat Ilurchaser's. 13. The Flat Purchaser along u,ith other purchasers ol Flats in thc building shall join in forming Association to bc known as "Deogiri Vrindavan" and for this purposc also from time to time sign and cxccutc the application for rcgistration and/or membcrship and thc olher papors and documcnts nccessary lor the formation Association and for becoming a membcr, including the 'bye-1aws of thc proposcd Association and duly fill in, sign and return to the Promoter/Vendor within L5 days of the same being forwarded by the Promoter/Vendor to the Flat Purchaser, so as to enable the Promote r/ Verrdor to register the organization of lrlat Purchaser under scction \7 (2) of the Real Estate (Regulation and Development) Act, 2O16,. No. objection shall be taken by the Irlat l)urchascr if any changcs or modifications are made in the draft bye-laws, of the Association. 14. Within 15 days after notice in writing is given by the Promote r/ De veloper to lhc Flat l)urchaser that thc Flat is rcady for use and occupation, thc lrlat purchaser shall be liable lo bear and pay the proportionate share (i.c. in the proportion to the floor area of the Flat) of outgoings in respect of the said land and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common llghts, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the said land and building/s. 15. Until thc Association ol F lat Ow-ners is Ibrmed and the said land and building/ s transferred to it, the F'lat Purchaser shall after getting possession of his/her Flat pay to the Promoter/ Developer such proportionate share of outgolngs as may be dctermined. The Flat Purchaser further agrees that ti1l the Flat Purchaser's share is so determined the Flat Purchaser shall pay to the Promoter/ Developer provisional monthly contribution of Rs. 1000/- Per month tovnards thc outgoings. The amounts so paid by the F'lat Purchaser to the Promotcr/ Dcve loper sha1l not carry any interest and remain with the Promoter/ Developer until PDF compression, OCR, web optimization using a watermarked evaluation copy of CVISION PDFCompressor