Powered by TCPDF (www.tcpdf.org) WHEREAS 1. The Promoter is the Owner/Developer / Builder of all that piece and parcel of the land bearing gut no. 167 to the extent of 1 H 93 R by way of the registered Sale Deed bearing document no. 3971 dated 19/07/2018 registered at the sub registrar office at Aurangabad Situated Shendra Jahagir, Aurangabad at and the said land/ property hereinafter be referred to as “Schedule Property (the Said Property). 2. That, the Land bearing Survey No. 114 was owned and possessed by Dagdu Shankar and Raghunath Shankar to the extent of 8 Anna each. That after the Gat consolidation scheme the Survey No. 114 was converted into Gat no. 167 total admeasuring area 3 H 87 R. That as per the record in the 7/12 extract the gat no. 167 was owned and possessed by the Dagdu Shankar and Raghunath Shankar to the extent of 8 Anna each and accordingly the area of the Gut No. 167 was owned and possessed by Raghunath Shankar Tambe to extent of 1 H 93 R land and Dagdu Shankar Tambe to the extent of 1 H 94 R. That the Raghunath Shankar Tambe has made an application to the Talathi and given the said land to the extent of his share i.e. 1 H 93 R in favor of Ramnath Raghunath Tambe and that the said mutation was sanctioned vide mutation entry no. 287. 3. That, said Ramnath Raghunath Tambe has sold the land bearing gut no. 167 to the extent of 60 R by way of the registered sale Deed bearing document no. 199 dated 01/11/1991 registered at the sub registrar office at Aurangabad in favour of the Dattatray Namdevrao Page 2 of 47 Narote and Subhash Namdevrao Narote, the record of the said sale Deed is mutated on the revenue record by way of the mutation entry no.667. 4. That, said Ramnath Raghunath Tambe has sold the land bearing gut no. 167 to the extent of 61 R by way of the registered sale Deed bearing document no. 198 dated 01/11/1991 registered at the sub registrar office at Aurangabad in favour of the Raghunath Namdevrao Narote, the record of the said sale Deed is mutated on the revenue record by way of the mutation entry no.668. 5. That thereafter the said Dattatray Namdevrao Narote, Subhash Namdevrao Narote and Raghunath Namdevrao Narote have sold the land bearing gut no. 167 to the extent of 1 H 21 R by way of the registered sale Deed bearing document no. 4821 dated 30/12/1999 registered at the sub registrar office at Aurangabad in favour of the Sarita Atul Sharma, Kavita Ashish Sharma and Satyanarayan Chaganlal Sharma the record of the said sale Deed is mutated on the revenue record by way of the mutation entry no.980. 6. That, said Ramnath Raghunath Tambe has sold the land bearing gut no. 167 to the extent of 72 R by way of the registered sale Deed bearing document no. 4674 dated 13/09/2004 registered at the sub registrar office at Aurangabad in favour of the Gaurishankar Harinarayan Tapdiya, the record of the said sale Deed is mutated on the revenue record by way of the mutation entry no. 1340. Page 3 of 47 7. Thereafter Sarita Atul Sharma, Kavita Ashish Sharma and Satyanarayan Chaganlal Sharma sold the land bearing gut no. 167 to the extent of 1 H 21 R respectively by way of the registered sale Deed bearing document no. 4252 dated 06/10/2006 registered at the sub registrar office at Aurangabad in favour of the Gaurishankar Harinarayan Tapdiya the record of the said sale Deed is mutated on the revenue record by way of the mutation entry no.1555. 8. As such the Gaurishankar Harinarayan Tapdiya on the basis of above mentioned Two Sale Deeds became owner and possessor of the Land bearing Gat no. 167 to the extent of 1 H 93 R. 9. Thereafter Gaurishankar Harinarayan Tapdiya has executed Agreement to sale of the land bearing gut no. 167 to the extent of 1 H 93 R respectively by way of the registered Agreement to Sale bearing document no. 3181 dated 17/05/2018 registered at the sub registrar office at Aurangabad in favour of the M/s. Matoshree Builder and Developers Through its partner , Santosh Devidas Dhanuka , Vijaykumar Ratanlal patni and Sanjay Gulabrao Pawar. 10. Thereafter Gaurishankar Harinarayan Tapdiya has sold the land bearing gut no. 167 to the extent of 1 H 93 R respectively by way of the registered Sale Deed bearing document no. 3971 dated 19/07/2018 registered at the sub registrar office at Aurangabad in favour of the M/s. Matoshree Builder and Developers Through its partner , Santosh Devidas Dhanuka , Vijaykumar Ratanlal patni and Page 4 of 47 Sanjay Gulabrao Pawar, the record of the said sale Deed is mutated on the revenue record by way of the mutation entry no. 4236. 11. That, the Non-agricultural permission of the said land is granted by the Collector, Aurangabad on 11/05/2012 Vide order no. 2012/MASHAKA/JAMIN-1/NP-34 12. That, the Building permission of the said land is granted by the Assistant Director of Town, Aurangabad on 06/10/2018 Vide order no. 1985/2018 and the same is been sanctioned by the competent authority i.e. District Collector on 22/11/2018. 13. The Promoters are fully entitled to develop the said Property and construct building/s thereon in accordance with the plans sanctioned by the Collector, Aurangabad. The Promoter / Owners have got approved from the concerned local authority the plans, the specifications, elevations, sections and details of the said buildings to be constructed on the said Property. The Promoters have also obtained Commencement Certificate from the Collector, Aurangabad vide order bearing dated 22/11/2018 having 156 ROW HOUSES. The promotor reserves right to obtain further revised construction permission as may be deemed fit by promotor and in that case revised/amended declaration will be executed after obtaining the revised building permission from the concern authorities. 14. In accordance with the plans sanctioned by the Collector, Aurangabad, the Promoters are developing the said Property described in the Schedule hereto and are constructing thereon project to be known as “GARDEN CITY” consisting OF 156 Row Houses, admeasuring plot area ____________ Sq mt and have maximum potential of ______ FSI in the Page 5 of 47 current permission. On the project land in accordance with the plan, design and specification as approved by the concerned competent authority from time to time. Provided that the promoter shall be entitled to make variations or modifications in plans which does not adversely affect the apartment of the allottee and the alteration or addition required by any governments authorities or due to change of law 15. The Registered Deed of Declaration dated ___________ bearing Daybook No. ______________ as per the section 2(a) of The Maharashtra Apartment Ownership ACT 1970 is also executed by the Owner/Vendor. All the terms, conditions & covenants are applicable & binding on the purchaser. 16. The Purchaser/s herein represent, assure and declare that Purchaser/s is/are entitled to and otherwise not debarred or disentitled to acquire the said Flat in the said building under the provisions of any law. 17. Relying on the Purchaser's representations, declarations and the assurance from the Purchaser about his / their satisfaction of marketable title and authority of the Owners/Developers/Promoters, the Owners/Developers/Promoters herein agreed to sell and the Purchaser/s herein agreed to purchase the said Apartment / Row House. 18. The Parties have gone through all the terms and conditions set out in this Agreement and understood the mutual rights and obligations detailed herein; The Parties hereby confirm that they are signing this Agreement with full knowledge of all the laws, rules, regulations, notifications, etc., applicable to the said project. 19. In the recitals and operative part of this Agreement, the term ‘Purchaser/ allottee’ shall include the purchasers of the residential hereby agreed to be sold and shall include a “firm”, “corporation” or other legal entity, and Page 6 of 47 shall deemed to include the plural and the feminine gender of the term ‘Purchaser/ allottee’. 20. The Promoter has registered the Project under the provisions of the Act with the Real Estate Regulatory Authority at Maharashtra no _____________ authenticated copy is attached in Annexure ‘F’; 21. The Promoter has appointed a structural Engineer _______________ for the preparation of the structural design and drawings of the buildings and the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building/buildings. 22. By virtue of the Title Documents the Promoter and Owners have right to sell the Apartments in the said building/s to be constructed by the Promoter on the project land and to enter into Agreement/s with the allottee(s)/s of the Apartments to receive the sale consideration in respect thereof; 23. The authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoter, authenticated copies of Property card or extract of Village Forms VII and XII or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Apartments are constructed or are to be constructed have been annexed hereto and marked as Annexure 'A and B', respectively. 24. The authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed and marked as Annexure C. AND WHEREAS The Allottee/s herein has demanded from the Promoter and the Promoter has given inspection to the Allottee/s, of all the documents of title relating to the said project described in the Page 7 of 47 Schedule-II hereunder written and also the plans, designs and specifications of the said building prepared by the Architect - _______________ 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 rules and regulations made thereunder. After the Allottee/s enquiry, the Promoter herein has requested to the Allottee/s to carry out independent search by appointing his/her/their own attorney/advocate and to ask any queries, he/she/they have regarding the marketable title and rights and authorities of the Promoter. The Allottee/s has/have satisfied himself/herself/themselves in respect of marketable title and rights and authorities of the Promoter herein. That the allottee has given his specific confirmation herein that the responsibility of title of the said land be on the Developer up and until the final deed of Apartment of the said apartment/unit thereunder. 25. Promoter has got some of the approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building/s and shall obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Project. 26. While sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. Page 8 of 47 27. The Promoter has in compliance with rules, regulations and restrictions of the concerned local authority which are to be observed and performed by the Promoter while constructing/developing the said project has accordingly commenced construction/development of the same. 28. The allottee has agreed to purchase the said unit based on going through all the conditions stated in the sanctioned plans by respective competent authorities and have further confirmed that all such conditions shall be bound and abided by the allottee strictly. 29. The allottee on confirmation of accepting all the conditions of sanctioned plans by competent authority, has further stated that if any conditions that have been imposed on the said project/ building/ phase/ wing which are contrary to the prevalent laws/ rules/ regulations under which sanctioned plans have been given shall not be binding on the allottee and that the allottee shall not hold the developer responsible for the such contrary conditions. 30. The allottee has independently made himself aware about the specifications provided by the promoter and he is aware of the limitations, usage policies and maintenance of the installed items, fixtures and fittings of the same and have been handed over to the allottee. 31. AND The allottee has applied to the Promoter/Owners for allotment of an Row House. No. __________, Building being constructed on land bearing gut no. 167 to the extent of 1 H 93 R Situated Shendra Jahagir, Aurangabad – in the project namely “GARDEN CITY” (herein after referred to as the “Apartment”) Page 9 of 47 32. The carpet area of the said Apartment is ________ square Mtr and as per the RERA the definition of "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 Apartment for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Apartment for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the apartment. 33. The Allottee has applied for apartment in the said project for Row House No. _____________having the following details and pro-rata share as per valuation in the plot and common areas amenities and facilities (“Common Areas”) as defined under clause (n) of Section 2 of the apartment ownership Act 1970 % share in For mutation plot and undivided CARPET Exclusive AREA OF BUILT UP common area land share as UNIT UNIT AREA AREA OF EXCLUSIVE AREA AS and aminities per plot area TYPE NO (AS PER BOX & ATTACHED PER as per as per RERA) BALCONY TERRACE SANCTION valuation of valuation (sq the project mt) 34. 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 Page 10 of 47 willing to enter into this Agreement on the terms and conditions appearing hereinafter; 35. Under section 13 of the said RERA Act the Promoter is required to execute a written Agreement to sale of said 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 Apartment/Row House and covered parking 36. Notwithstanding anything stated in any other document/ allotment/ letter given or communicated with the allottee any time prior, this agreement shall be considered as the only document and its condition shall be read as the only conditions valid and basis for which the said unit is agreed to be sold to the allottee. 37. This agreement shall remain in force and shall not merge into any other agreement save and except the Apartment deed as stated herein below. 38. That the allottee has not given any third party any rights to enforce this said agreement unless the said unit is transferred to them. NOW THEREFORE, THIS AGREEMENT WITNESSTH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. CONSTRUCTION OF THE PROJECT/APARTMENT :- Page 11 of 47 The Promoter shall construct the said project namely “GARDEN CITY” consisting of 156 Row Houses on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Provided that the Promoter shall be entitled to make variations or modifications in plans which does not adversely affect the Apartment of the Allottee and the alteration or addition required by any Government authorities or due to change in law. 2. CONSIDERATION/PRICE OF THE SAID APARTMENT:- 2.1 That the owner/developer/promoter herein agreed to sale and purchaser herein agreed to purchase the said Apartment/ Row House no _______ for a total lum-sum consideration of Rs _______________/-, (Rupees ____________Only) that out of the agreed sale price the Purchaser has paid amount of Rs._____________ (Rupees ______________________________ Only) being a part payment to the vendor as earnest amount/advance payment as under: Sr. Date Cheque No. Bank Name Amount No. 1 2. Apart from this purchaser deducted 1% i.e. Rs. _________/-(Rupees ______________ Only) for TDS and deposited to the TDS department, Challan enclosed. Page 12 of 47 Further the purchaser agreed to pay the balance consideration amount of Total Rs.____________________- (Rupees -_________________ Only) through bank loan/ own contribution as specified in payment schedule. 2.2 In addition to the consideration amount towards apartment, Rs. ______________/- for Infrastructure Development Charges which includes legal, water, electricity connection charges, mutation charges of Property card and registration of property tax 2.3 The purchaser shall comply to the bank formalities for bank loan or through self-contribution & pay the consideration amount towards the apartment to the Vendor/ Owner/ Copromoter as per the following table:- SCHEDULE FOR PAYMENT IS AS UNDER AS PER THE WORK STAGE SR. PARTICULARS AMOUNT NO 1 ON BOOKING (10%) 2. ON AGREEMNENT TO SALE (20%) 3. ON COMPLITION OF PLINTH (15%) 4. ON COMPLITION OF RCC SLAB (25%) 5. ON COMPLITION OF BRICKWORK & INTERNAL PLASTER (5%) 6. ON COMPLITION OF FLOORING & INTERNAL PLASTER (5%) 7. ON COMPLITION OF EXTERNAL PLASTER & EXTERNAL PLUMBING (5%) 8. ON FINISHING WORK AND ELECTRICAL WORK COMPLIETION (10%) 9. BEFORE POSSESSION (5%) Consideration Page 13 of 47 2.4 That, the purchaser shall pay the remaining amount of consideration strictly as stated above to the vendor. In case, the purchaser is unable to pay the remaining amount of consideration, this agreement shall stand cancelled and become null and void and the amount already paid by the purchaser shall be refunded by mutual understanding/ written consent. This condition is the essence of this contract. For anyout station cheque, the purchaser shall bear all the cost & expense charged by the bank for the encashment of the same. If the cheque issued by purchaser is dishonored due to any reason whatsoever, then he shall pay additional charges in addition to cheque amount immediately & on failure to do so the this agreement stand cancelled automatically without any notice or intimation. 2.5 The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by way of Goods and 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) up to the date of handing over the possession of the [Apartment/ Row House]. 2.6 The Total Price/ Consideration is escalation-free, save and except escalations/increases, due to increase on account of development charges payable to the competent authority statutory in nature and/or any other increase in charges / taxes which may be levied or imposed by the competent authority Local Bodies/Government Page 14 of 47 from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost, taxes, 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. 2.7 The Promoter herein on due date/or on reaching aforesaid construction milestone/stage shall intimate the amount payable as stated above in writing or by digital E-mail to the Allottee and the Allottee shall make payment of such due amount to the Promoter within seven days from date of receiving such intimation. The Allottee herein specifically agrees that he/she/they shall pay the aforesaid amount along with the GST (current applicable GST is _____%), TDS and such other taxes, cesses, charges etc. without any delay along with each installment. The customer agrees that the differential input tax credit benefit has being passed on to the customer through negotiation in the base price of his mentioned Row House. The price arrived for the flat is net of credit. Thus quantum of GST that the developer will charge to the customer will be _____% on this agreement amount. If at any given time changes in GST rules and regulations or any other Taxes the same will be applicable to the allottee from time to time. 3. MODE OF PAYMENT:- Subject to the terms of the Agreement and the Promoter abiding by Page 15 of 47 the construction milestones (not valid in special cases where specific dates are mentioned), the Allottee shall make all payments, on demand by the Promoter, within the stipulated time as mentioned in the Payment Plan through A/c Payee cheque/demand draft or online payment (as applicable) in favour of ‘M/s. Matoshree Builders & Developers’ payable at Aurangabad. 4. ADJUSTMENT/APPROPRIATION OF PAYMENTS :- The Allottee/s authorises the Promoter to adjust/appropriate all payments made by him/her/them under any head(s) of dues against lawful outstanding, if any, in his/her/their 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. 5. INTEREST ON UNPAID DUE AMOUNT:- Without prejudice to the right of the Promoter to take action for breach arising out of delay in payment of the instalments on the due dates, the Allottee/s shall be bound and liable to pay interest as per State Bank of India highest Marginal Cost of Lending Rate plus 2 % per annum, with monthly rests, on all the amounts which become due and payable by the Allottee/s to the Promoter till the date of actual payment, provided that tender of the principal amounts and interest or tender of the interest and expenses thereof shall not itself be considered as waiver of the right of the Promoter under this Agreement, nor shall it be construed as condonation of delay by the Promoter. The amount of interest may be informed to the allottee/s from time to time or on completion of the said project/apartment, and Page 16 of 47 the allottee/s has/have agreed to pay the same as and when demanded before the possession of the said apartment. 6. OBSERVATION OF CONDITIONS IMPOSED BY LOCAL/PLANNING AUTHORITY:-:- 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, state and or Central Government at the time of sanctioning the plans or any time thereafter or at the time of granting Completion Certificate or anytime thereafter. The Promoter shall before handling over possession of the said apartment to the Allottee/s herein, obtain from the concerned planning/local authority/development controlling authority occupation and/or completion certificate in respect of the said apartment. Notwithstanding anything to the contrary contained herein, the Allottee shall not be entitled to claim possession of the said apartment until the completion certificate is received from the local authority or from the Architect of the project and the allottee has paid all dues payable under this agreement in respect of the said apartment to the Promoter and has paid the necessary maintenance amount – One time maintenance, building maintenance, Infrastructure charges, Parking, GST and other taxes payable under this agreement of the said apartment to the Promoter. Howsoever for the purpose of defect liability on towards the developer, the date shall be calculated from the date of handing over possession to the allottee for fit outs and interior works and that the said liability shall be those responsibilities which are not covered under Page 17 of 47 maintenance of the said unit/ building/phase/wing as stated in the said agreement. That further it has been agreed by the allottee that any damage or change done within the unit sold or in the building/ phase/ wing done by him/ them or by any third person on and behalf of the allottee then the allottee expressly absolves the developer from the same liability and specifically consents that on such act done, he shall waive his right to enforce the defect liability on and towards the developer. 7. DISCLOSURE AS TO FLOOR SPACE INDEX:- The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is ________ 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 Allottee has agreed to purchase the said Apartment based on the proposed construction and sale of apartments to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. The Promoter herein shall construct the said building/s on the said Plot in accordance with the plans, designs and specifications approved by the concerned local authority, which have been seen and agreed by the Page 18 of 47 Purchaser. The Purchaser hereby agrees and give his / her / their irrevocable consent to the Promoter herein to carry out such, alterations, modifications in the sanctioned layout/ building plans, as the Promoter in his sole discretion thinks fit and proper and / or such modifications and alterations which are necessary in pursuance of any law, rules, regulations, order or request made by the local authority, planning authority, competent authority or Government or any officer of any local authority provided that the Promoter shall have to inform in writing to the Purchaser if such alterations and modifications adversely affect the carpet area of the said flat of the purchaser. The Promoter has made the purchasers aware and the purchaser hereby gives explicit no objection and irrevocable consent to the Promoter to prepare the new/ revised layout and building plans even by shifting the locations of the buildings, open space, internal roads, position of dust bins, transformer plinths, pluming stations etc. adding new floors/buildings by adding new floors/buildings etc of the said properties and to submit the same to the requisite authorities and obtain their sanctions and also further revise or amend the said revised plans as and when thought necessary by the Promoter or as and when required by the Promoter, and for the said purposes to sign all plans, without in any manner making the Purchaser liable for any costs and affecting his/her interest. The Purchaser has also given irrevocable authority and right to Promoter construct additional floors on the said Buildings by taking requisite permission from the competent authority and accordingly amend/ revised the Deed of Declaration by incorporating Page 19 of 47 revised plans or permissions of competent authority and/or altering or modifying the common facilities and/or amenities in the said building or scheme as per the convenience of Promoter without causing any prejudice to Purchaser. The Purchaser undertakes and obliged not to raise any objection or obstruct the Promoter in respect of additional construction in whatsoever manner and gives his/her unconditional consent to it. 8. SPECIFICATIONS AND AMENITIES:- The specifications and amenities of the apartment to be provided by the Promoter in the said project and the said apartment are those that are set out in Schedule IV hereto. Common amenities for the project on the said land are stated in the Schedule V annexed hereto. In the project multi storied high rise buildings/wings are under construction and considering to maintain the stability of the buildings/wings and internal structures, herein specifically informed by its consultant not to allow any internal changes. As per our policy there shall be no customisation permitted inside the said apartment. Changes such as civil, electrical, plumbing etc. shall not be allowed during construction and till delivery of possession. 9. POSSESSION OF THE APARTMENT:- 9.1. Schedule for possession of the said Apartment:- The Promoter agrees and understands that timely delivery of possession of the Apartment is the essence of the Agreement. Subject to receipt of full consideration/total price and dues of the Promoter and taxes thereon are paid by the Allottee/s in respect of the said apartment, in terms of these presents, The Promoter, based on the Page 20 of 47 approved plans and specifications, assures to hand over possession of the said Apartment on ____________. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the allottee and the promoter for giving possession of the Apartment on the aforesaid date, and the same shall not include the period of extension given by the Authority for registration. Further, if the completion of building in which the Apartment is to be situated is delayed on account of – (i) war, civil commotion, flood, drought, fire, cyclone, earthquake , act of god or any calamity by nature affecting the regular development of the real estate project (“Force Majeure”). (ii) Non-availability of steel, cement, sand and other building material, water or electric supply (iii) Extension of time for giving possession as may be permitted by the Regulatory authority under Real Estate (Regulation and Development) Act, 2016 for reason where actual work of said project/building could not be carried by the promoter as per sanctioned plan due to specific stay or injunction orders relating to the said project from any Court of law, or Tribunal, competent authority, statutory authority, high power committee etc. or due to such circumstances as may be decided by the Authority. (iv) If, however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that Page 21 of 47 the Promoter shall be entitled to the extension of time for delivery ofpossession of the Apartment, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 30 days from that date without any interest. After any refund of the money paid by the Allottee, Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 9.2 Schedule for possession of the Common amenities:- The Promoter herein is developing the said land which consists of various phases having common amenities like club house, landscape garden etc, the construction/development of the said common amenities will be completed in due course only after completion of construction of all the project phases on the said land. The Promoter, assures to hand over possession of the said common amenities on ______________. The Allottee/s herein agrees and convey that he/she/they shall not be entitled to refuse to take the possession of the said apartment on the ground of non completion of aforesaid common Page 22 of 47 amenities. That the allottees further agree that even where ‘substantial completion’ of works has been done and after receiving OC from the competent authority/ Architect of Project possession of the said unit shall be given. That substantial completion would mean works done that do not affect his use or occupation of his unit and he can cohabit in the said unit. However if the developer is not allowed by the allottee or any person on his behalf to complete the remaining portion of the works, it shall be accepted by and between the parties that the remaining works shall be deemed to have been done as and against the developer. 9.3 Procedure for taking possession:- The Promoter, upon obtaining the occupancy certificate from the local/competent/planning authority/ Architect of the project shall offer in writing to the Allottee/s intimating that, the said apartment is ready for use and occupation. The Allottee/s herein shall inspect the said apartment in all respects to confirm that the same is in accordance with the terms and conditions of this agreement, complete the payment of consideration/total price and dues to the Promoter as per terms and conditions of this agreement and take the possession of the said apartment within 15 days from the date of written intimation issued by the Promoter to the Allottee herein. The Promoter agrees and undertakes to indemnify the Allottee/s in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to pay the maintenance charges, one time maintenance, building maintenance, Page 23 of 47 infrastructure cost, taxes etc as determined by the Promoter/association of allottee/s, as the case may be. 9.4 It shall be expressly agreed that wherever it is the responsibility of the allottee to apply and get necessary services the same shall not be undertaken by the promoter and the allottee shall be solely responsible for the same. 9.5 Failure of Allottee to take Possession of [Apartment]: Upon receiving a written intimation from the Promoter as per clause mentioned above, the Allottee/s shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement (Deed Of Apartment), and the Promoter shall give possession of the Apartment to the allottee. In case the Allottee fails or commits delay in taking possession of said Apartment within the time provided in clause mentioned above, such Allottee shall be liable for payment of maintenance charges as applicable, property tax, electricity charges and any other expenses and outgoing in respect of the said apartment and the Promoter shall not be liable for the maintenance, wear and tear of the said apartment. 9.6. Possession by the Allottee - After obtaining the occupancy certificate from the competent authority/ completion of architect certificate and handing over physical possession of the said Apartment to the Allottee/s, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottee/s or the competent authority, as the case may be, as per the local law Page 24 of 47 9.7. Compensation –That the allottee has given his specific confirmation herein that the responsibility of title of the said land be on the Developer up and until the Association is been formed of the said building/phase/ wing and the said land thereunder. 9.8. Except for occurrence of the events stating herein above, if the promoter fails to complete or is unable to give possession of the Apartment (i) in accordance with the terms of this Agreement, duly completed by the date specified herein; or (ii) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under the Act; or for any other reason; the Promoter shall be liable, on demand to the allottee/s, in case the Allottee wishes to withdraw from the Project, without prejudice to any other remedy available, to return the total amount received by him in respect of the Apartment, with the interest as per State Bank of India highest Marginal Cost of Lending Rate plus 2 % percent per annum including compensation in the manner as provided under the Act. Provided that where if the Allottee does not intend to withdraw from the said Project, the Promoter shall pay the Allottee interest as per State Bank of India highest Marginal Cost of Lending Rate plus 2 % ,on all the amounts paid by the Allottee, for every month of delay/Rent, till the handing over of the possession of the Apartment. 10. TIME IS ESSENCE:- Time is essence for the Promoter as well as the Allottee. The Page 25 of 47 Promoter shall abide by the time schedule for completing the project and handing over the [Apartment/ Row House] to the Allottee and the common areas to the association of the allottees after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Allottee shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as per Payment Plan in clause mentioned above in this agreement or by Payment Plan set out in Schedule mentioned above. 11. TERMINATION OF AGREEMENT:- 11.1. Without prejudice to the right of promoter to charge interest in terms of clause mentioned 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 reminders, the Promoter shall at his own option, may terminate this Agreement: Provided that, Promoter shall give notice of 15 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 Page 26 of 47 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 administrative expenses or of any agreed liquidated damages or any other amount which may be payable to Promoter) for the termination, the installments of sale consideration of the Apartment which may till then have been paid by the Allottee to the Promoter and the Promoter herein shall be entitled to deal with the said apartment with any prospective buyer. Delay in issuance of any reminder/s or notices from the Promoter shall not be considered as waiver of Promoter absolute right to terminate this agreement. 11.2 For whatsoever reason if the Allottee/s herein, without any default or breach on his/her/their part, desire to terminate this agreement /transaction in respect of the said apartment then, the Allottee/s herein shall issue a prior written notice to the Promoter as to the intention of the Purchaser/s and on such receipt of notice the Promoter herein shall be entitled to deal with the said apartment with prospective buyers. After receipt of such notice of intention to terminate this agreement the Promoter shall issue a 15 days notice in writing calling upon him/her/them to execute and register Deed of Cancellation. Only upon the execution and registration of Deed of Cancellation the Purchaser/s shall be entitled to receive the refund of consideration, subject to terms of this agreement. Page 27 of 47 11.3 It is specifically agreed between the parties hereto that, if the transaction in respect of the said apartment between the Promoter and Allottee/s herein terminated as stated in sub-para 11.1 and 11.2 herein above written then all the instruments under whatsoever head executed between the parties hereto or between the Promoter and Allottee/s herein, in respect of the said apartment, shall stands automatically cancelled and either party have no right, title, interest or claim against each other except as provided hereinafter. 12. DEFECT LIABILITY If within a period of five years from the date of handing over the Apartment to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. Provided however, that the Allottee/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 hereby agreed that the Allottee/s shall not make any alterations in Page 28 of 47 any of the fittings, pipes, water supply connections or any erection or alteration in the bathroom, toilet and kitchen, which may result in seepage of 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 here means only the manufacturing and workmanship defect/s caused on account of wilful neglect on the part of the Promoter, and shall not mean defect/s caused by normal wear and tear and by negligent use of apartment by the Occupants, vagaries of nature etc. That it shall be the responsibility of the allottee to maintain his unit in a proper manner and take all due care needed including but not limiting to the joints in the tiles in his flat are regularly filled with white cement/epoxy to prevent water seepage. Further where the manufacturer warranty as shown by the developer to the allottee ends before the defects liability period and such warranties are covered under the maintenance of the said unit/building/phase/ wing, and if the annual maintenance contracts are not done/renewed by the allottee/s the promoter shall not be responsible for any defects occurring due to the same. That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/ manufacturers that all equipment’s, fixtures and fittings shall be maintained and covered by maintenance/warranty contracts so as it to be sustainable and in proper working condition to continue warranty in both the Row House and the common project amenities wherever applicable. Page 29 of 47 That the allottee has been made aware and that the allottee expressly agrees that the regular wear and tear of the unit/ building/ phase/ wing includes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20*C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of the allottee, it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and shall then submit a report to state the defects in materials used, in the structure built of the unit/phase/ wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of this agreement. 13. FORMATION OF ORGANISATION OF APARTMENT HOLDERS:- 13.1 Considering the Promoter herein is carrying on the construction/development on the said land in and further to have the maintenance of Row Houses and common facilities more conveniently, there will be Associations, who will have to look after the common work of the said Project such as swiping, collection of garbage, common light, road, streets, gardens, Rain water harvesting, CCTV, Club House, Security, gardens, Rain water harvesting, etc on which the Promoter shall decide as suitable for the apartment holders in the said project which is under construction on the said land which is as per Deed of Page 30 of 47 declaration under the provisions of Apartment ownership act 1970. 13.2 The Allottee along with other allottee(s)s of Apartments in the building shall join in forming and registering the Association to be known by such name as the Promoter may decide in the deed of declaration 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 of the Association and for becoming a member, including the bye- laws of the proposed Association 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 for formation of the Association of Allottee. No objection shall be taken by the Allottee if any, changes or modifications are made in the draft byelaws, 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. 13.3 The Promoter shall, on formation of association , as aforesaid, cause to be transferred to the Apex Association all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the project land on which the building with multiple wings or buildings are constructed. 14. SALE OF THE SAID APARTMENT:- (DEED OF APARTMENT) The Promoter, on receipt of complete amount of the Price of the said Apartment and all other charges under the Agreement from Page 31 of 47 the Allottee, shall execute a Deed of Apartment and sale the title of the said unit and with proportionate indivisible share in the Common Areas to the Association as may be formed all the right, title and interest of the promoter/original owner/lessor/ in the aliquot part of the said land i.e said project referred in Schedule-II However, in case the Allottee fails to deposit the stamp duty, registration charges and all other incidental and legal expenses etc. so demanded within the period mentioned in the demand letter, the Allottee authorises the Promoter to withhold registration of the apartment deed in his/her favour till full and final settlement of all dues and stamp duty and registration charges to the Promoter is made by the Allottee. 15. DEPOSITS BY ALLOTTEE/S WITH THE PROMOTER:- The Allottee shall on or before delivery of possession of the said premises keep deposited in the name of association in separate bank account, the following amounts :- (i) Rs. ___________/- for deposit towards ____ months provisional monthly contribution towards outgoings of Association of Project (ii) Rs. ____________/- for deposit towards One time Corpus fund of the Association to be contributed towards outgoing of association of the Project 16. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER:- The Promoter hereby represents and warrants to the Allottee as follows: a) The Promoter has clear and marketable title with respect to the project Page 32 of 47 land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the Project; b) 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; c) There are no encumbrances other than project loan of State Bank of India upon the project land and terms and condition of the same is defined in the sanction letter and agreement between the promoter and State bank of India d) All drawings, sale plans, other drawings are as given to the Promoter by the appointed Architect, Structural Consultants, other consultants, the developer has thus disclosed the same to the allottee and the allottee is aware that professional liability have been undertaken by them individually with the developer which shall prevail on these consultants individually or cumulatively if there is any loss/ harm is caused to the allottee and based on these said details of the drawings an the calculations and areas shown, the allottee has agreed to take the said unit. e) All approvals, licenses and permits issued by the competent authorities with respect to the Project, and said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said Page 33 of 47 building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building/wing and common areas f) 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; g) The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the project land, including the Project and the said [Apartment] which will, in any manner, affect the rights of Allottee under this Agreement; h) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment] to the Allottee in the manner contemplated in this Agreement; i) At the time of handing over the common amenities of the building and of the project 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; j) 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 till the execution of apartment deed ; k) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification Page 34 of 47 (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoter in respect of the project land and/or the Project except those disclosed in the title report. 17. COVENANTS AS TO USE OF SAID APARTMENT:- The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Promoter as follows for the said Apartment and also the said project in which the said Apartment is situated. a. To maintain the Apartment at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to the building in which the 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 Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. b. Not to store in the 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 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 Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment on Page 35 of 47 account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. c. To carry out at his own cost all internal repairs to the said Apartment and maintain the 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 Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. d. Not to demolish or cause to be demolished the 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 Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the 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 Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardi or other structural members in the Apartment without the prior written permission of the Promoter and/or the Society or the Limited Company.. e. Not to do or permit to be done any act or thing which may render Page 36 of 47 void or voidable any insurance of the project land and the building in which the Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. f. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the project land and the building in which the Apartment is situated. g. 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 Apartment is situated. h. 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 Apartment by the Allottee for any purposes other than for purpose for which it is sold. i. 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 Apartment until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up. j. The Allottee shall observe and perform all the rules and regulations which the Association may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Apartments therein and for the observance and performance of the Building Rules, Regulations and Bye-laws for the time being of the Page 37 of 47 concerned local authority and of Government and other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid down by the Association regarding the occupancy and use of the 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. k. That the allottee shall indemnify and keep indemnifying the promoter towards against any actions, proceedings, cost, claims and demands in respect of any breach, non-observance or non- performance of such obligations given specifically herein to the allottee. l. That the parking spaces sold to the allottee shall be used only for the purposes of parking and that the said space is designed and made for use of parking a vehicle of not more than 3 tonnes and not more than 2.1 height. That this has been clearly made aware to the allottee and the same has been agreed by the allottee to follow. 18. NAME OF THE PROJECT:- Notwithstanding anything contained anywhere in this agreement, it is specifically agreed between the parties hereto that, the Promoter herein has decided to have the name of the Project “GARDEN CITY” or as decided by the promoter and further erect or affix Promoter's name board at suitable places as decided by the Promoter herein on a building and at the entrances of the scheme. The Allottees/s in the said project/building/s or proposed organization are not entitled to change the aforesaid project name and remove or alter Promoter's name board in any circumstances. This condition is essential condition of this Agreement. 19. ENTIRE AGREEMENT AND RIGHT TO AMEND:- Page 38 of 47 This Agreement, along with its schedules, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said apartment. This agreement may only be amended through written consent of the Parties 20. SEPARATE ACCOUNT FOR SUMS RECEIVED:- The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee/s towards total price/consideration of the said apartment and as advance or deposit, sums received on account of the Corpus Fund / GST/ Development Charges/ Maintenance of Association etc. Provided that the Promoter shall be allowed to withdraw the sums received from the Allottee/s and utilize the same as contemplated and permitted under the said act and rules and regulations made thereunder. 21. RIGHT OF ALLOTTEE TO USE COMMON AREAS AND FACILITIES SUBJECT TO PAYMENT OF TOTAL MAINTENANCE CHARGES:- The Allottee hereby agrees to purchase the Apartment on the specific understanding that is/her right is to only to the use and unless specifically allotted/ given vides (limited) common areas/ facilities, the use of the Common Areas/amenities shall be subject to timely payment of total maintenance charges, as determined and thereafter billed by the maintenance agency appointed or the association of allottees (or the maintenance agency appointed by it and performance by the Allottee of all his/her obligations in respect of the terms and conditions specified by the maintenance agency or the association of Page 39 of 47 allottees from time to time. 22. PROVISIONS OF THIS AGREEMENT APPLICABLE ON 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 said project shall equally be applicable to and enforceable against any subsequent Allottees of the Apartment, in case of a transfer, as the said obligations go along with the Apartment for all intents and purposes. That the allottees agree that they shall not object to any easement rights that need to be given to any person in and around the said project and shall neither object to any such proceedings of land acquisition undertaken by a government agency including any compensation/ benefit given to the promoter in turn for which no conveyance has occurred to the ultimate body expressly stated in this agreement and for which no consideration is specially dispensed by the allottee to the promoter for the same; save and except his right to enjoy and use the unit purchased by him and any other rights given by the developer to the allottee for which consideration has been dispensed. 23. REGISTRATION OF THIS AGREEMENT:- The Promoter herein shall present this Agreement as well as the Deed of Apartment at the proper registration office for registration within the time limit prescribed by the Registration Act and the Allottee/s will attend such office and admit execution thereof, on receiving the written intimation from the Promoter. 24. PAYMENT OF STAMP DUTY, REGISTRATION FEE & LEGAL CHARGES:- Page 40 of 47 The Allottee/s herein shall bear and pay stamp duty and registration fees and all other incidental charges at sub registrar office etc. in respect of this agreement, Deed of Apartment and all other agreements which is to be executed by the Promoter in favour of Allottee/s or Association/Society i.e organization as may be formed in which the Allottee/s will be the member. 25. WAIVER NOT A LIMITATION TO ENFORCE 25.1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee in not making payments as per the Payment Plan including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee that exercise of discretion by the Promoter in the case of one Allottee shall not be construed to be a precedent and /or binding on the Promoter to exercise such discretion in the case of other Allottees. 25.2 Failure on the part of the Promoter to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision. 26. 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 Page 41 of 47 provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 27. NOTICES 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 at their respective addresses specified below: ____________ ______________ ____________ .........Allottee M/s Matoshree Builders & Develepers. Reg. Office no. 05, Third Floor, Muley Tapdiya Complex, Opp Sinchan Bhavan, Near Mondha Naka, Jalna Road, Aurangabad ........PROMOTER 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 , they shall be considered as joint Page 42 of 47 and severable allottees for the purpose of these clauses in the agreement and all communications shall be sent by the Promoter to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees. 29. 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. 30. DISPUTE RESOLUTION All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act. 31. PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorised signatory at the Promoter’s Office, 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 Aurangabad. Notwithstanding anything contained in any of the provisions of this agreement the parties hereto (i.e the Promoter and the Purchaser) agree, confirm, declare Page 43 of 47 and record that the following clauses shall prevail over the provisions of this Agreement in case of any conflict with any of the provisions of this Agreement to the extent of such conflict; 32. IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement to sale at (city/town name) in the presence of attesting witness, signing as such on the day first above written. First Schedule Above Referred to Description of the freehold/leasehold land and all other details Second Schedule Above Referred to Here set out the nature, extent and description of common areas and facilities. 33. PRESENTATION GPA:- That, by registered special power of attorney (Presentation GPA) is executed jointly by OWNER and DEVELOPER/BUILDER (Party of the first part), though day book no. – ______________ dated ______________ to admit the execution of Agreement to sale, sale deed and other documents regarding to sale in the above said unit in the above said scheme FIRST SCHEDULE Page 44 of 47 All that piece and parcel of property Land bearing Gat no. 167, admeasuring area 1 H 93 R situated at Shendra Jahangir, Tq. And Dist. Aurangabad. which is bounded as under: East : River West : Land Gut No. 170 North : Remaining Land of Gat No. 167 South : Government Road and Nalaal Corporation SECOND SCHEDULE All the piece and parcel of Row House No. _____ constructed on Land bearing Gat no. 167, admeasuring area 1 H 93 R situated at Shendra Jahangir, Tq. And Dist. Aurangabad having carpet area admeasuring _____________ sq. Meter as per RERA and __________ Sq. meeter Plot area, ( Built up area _____________ Sq. Meters, Terrace area ____ sq mts) IN “GARDEN CITY” SCHEME and bounded as under: EAST : WEST : NORTH : SOUTH : IN WITNESS WHEREOF THE PARTIES HERETO HAVE PUT THEIR RESPECTIVE HANDS AND THE SEAL ON THE DAY AND YEAR FIRST HEREIN ABOVE MENTIONED DEVELOPER/ BUILDER/ PROMOTER / OWNER Page 45 of 47 PURCHASER/ ALLOTTEE 1] WITNESS 1. 2. LIST OF SCHEDULES SCHEDULE I = Description of the Said Land SCHEDULE II = Description of the project/phase registered with the realestate regulatory authority under S.5 of the Real Estate (Regulation and Development) Act, 2016. (Applicable in case if the construction on the said Page 46 of 47 landis in phases) SCHEDULE III = Description of the Apartment and the garage/closed parking(if applicable) along with boundaries in four directions. SCHEDULE IV = Specifications of the said apartment. SCHEDULE V = Description of Common Amenities for the said project/phase SCHEDULE VI = Description of common areas and facilities/limited commonareas and facilities LIST OF ANNEXURES- ANNEXURE - A = Copy of the Certificate of the title issued by the advocate. ANNEXURE - B = Copies of Property Card/7x12 Extract or any other revenuerecord showing nature of the title of the Promoter to the said land. ANNEXURE - C1 = Copy of Building permission /Commencement certificate ANNEXURE - C2 = Copy of theauthenticated copies of the plans of the Layout ofthe said phase as proposed by the Promoter ANNEXURE - C2A =Copy of the proposed layout plan and the proposedbuilding/phase/wing plan showing future proposed development as disclosed by the promoter in his registration ANNEXURE -D = Copy of the plans and specifications approved by theconcerned local/planning authority. ANNEXURE - E = Copy of floor plan of the said apartment. ANNEXURE - F = Authenticated copy of the Registration Certificate of the Projectgranted by the Real Estate Regulatory Authority) Page 47 of 47