AGREEMNT TO SALE Zone Rate Rs. Sq. Mtr Agreement of Sale for Flat /Apartment No. …… in ......wing ……on .....Floor , in , ''A'' BUILDING of “HARI PRAYAG RESIDENCY'' Project- 1 Situated at Gut No. 77 (Part), Satara Parisar Taq. & Dist. Aurangabad. The Govt. Value of Rs. …………/- (Rupees ………………………… Only) and actual sale value of Rs. ……………………/-(Rupees …………………… Only). This agreement to Sale is executed today at Aurangabad, between: Mr NIKHIL PRAFUL JEDHE Age : 31Years, Occ: Service Residing at : 33 Prayag Swatantrya Sainik Colony Aurangabad 431001 Adhar No.: 8117 6512 6863 PAN No. ALWPJ6906F (Hereinafter called as Owner / Co-Promoter) Through HIS GPA Mr. PRAFUL NANASAHEB JEDHE Age : 59 Years, Occ: Retired Residing at : 33 Prayag Swatantrya Sainik Colony Aurangabad 431001 Adhar No.:. 5235 7992 6447 PAN No. ADHPJ5565F (Hereinafter called as Owner / Co-Promoter which expression shall mean and include all its present and future directors, shareholder, promoters, their heirs successors, legal representatives, executors, administrator and assignees.) AND MARATHWADA CONSTRUCTIONS PVT. LTD. A Company registered under, Indian Companies Act, having registered office at - Hariprasad Complex , 60, Dashmeshnagar Aurangabad and its registration no .- Through Its Director, Mr. PRAMOD HARI KHAIRNAR Age - 52 Years, Occ: Business 1 Residing at : Laxmi Niwas , 27, Jaynagar New Osmanpura , Aurangabad Adhar No.: 7618 0627 3297 PAN No. ACQPK8782K Authorized vide Reg. GPA Bearing Reg, No. 4564/2014 DATED: 24/09/14 (Hereinafter referred to as the “Promoter” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors-in-interest, executors, administrators and permitted assignees, including those of the respective directors) AND 1. Mr. ……………............ Son of ……………… Age :………Years, Occ: ……………………… Residing at :…………………………………… Adhar No.:...…………………………………… PAN No. ……………………………………….. E-mail : ………………………………………… 2. Ms…………………… Daughter / Wife of ……………… Age :………Years, Occ: ……………………… Residing at :…………………………………… Adhar No.:...…………………………………… PAN No. ……………………………………….. E-mail : ………………………………………… (Hereinafter called the “Allottee /Purchaser” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include his / her heirs, executors, administrators, successors in–interest and permitted assignees). The Promoter and Allottee /Purchaser shall hereinafter collectively be referred to as the “Parties” and individually as “Party” WHEREAS THE CHAIN OF TITLE IS AS BELOW- 1. That the property Land Survey no. 55 New Gut NO. 77 totally admeasuring 04 Hector 52 Are, 01 Are Potkharab, Land Revenue Rs. 15.43 ps. Situated at Village Satara Tq. & Dist. Aurangabadwas originally owned and possessed by Shaikh Mumtaj Ali Shailh Latif Ali, Mahamad Hanif Shaikh having share 0-8-0 i.e. 02 Hector 24 Are, Ahemad kha Shanur Kha having share 0-4-0 i.e. 02 Acre 93 Gunthas, and Habib Sha Garib Sha having share 0-4-0 i.e. 02 Acre 93 Gunthas and their names also reflected in revenue record since 1970-71. 2 2. That in the year 1974 Ahemad Kha Shanur Kha and Habib Sha Garib Sha transferred the Land Survey no. 55 totally admeasuring 04 Hector 52 Are, 01 Are Potkharab, Land Revenue Rs. 15.43 ps. out of which to the extent of 02 Hector 24 Are Situated at Village Satara Tq. & Dist. Aurangabad to Nanasaheb Sawaliram Jedhe under registered sale deed bearing registration no. 2800 dated 26.12.1974 registered at the office of Sub-registrar Aurangabad and accordingly his name came to be mutated in revenue record vide mutation entry no. 567. 3. That in the year 1975 Mohammad Hanif Shaikh transferred the Land Gut no. 55 totally admeasuring 04 Hector 52 Are, 01 Are Potkharab, Land Revenue Rs. 15.43 ps. out of which to the extent of 02 Acre 24 Are Situated at Village Satara Tq. & Dist. Aurangabad to Nanasaheb Sawaliram Jedhe under registered sale deed bearing registration no. 310 dated 11.02.1975 registered at the office of Sub-registrar Aurangabad and accordingly his name came to be mutated in revenue record vide mutation entry no. 568. 4. That in the year 1986 Nanasaheb Savalaram Jedhe partitioned Land Gut no. 77 totally admeasuring 04 Hector 52 Are, 01 Are Potkharab, Land Revenue Rs. 15.43 ps. out of which 04 Acre 00 Gunthas Situated at Village Satara Tq. & Dist. Aurangabad as per the order of Tahsildar Aurangabad in file no. 86/Jamabandi1/CR-1 dated 22.09.1986 to Praful Nanasaheb Jedhe and accordingly his name came to be mutated in revenue record vide mutation entry no. 564. 5. That in the year 1.10 2013 Praful Nanasaheb Jedhe partitioned Land Gut no. 77 totally admeasuring 04 Hector 52 Are, 01 Are Potkharab, Land Revenue Rs. 15.43 ps. out of which to the extent of 00 Hector 39 Are each Situated at Village Satara Tq. & Dist. Aurangabad to his Sons namely Nikhil Praful Jedhe and Tushar Praful Jedhe and accordingly their name came to be mutated in revenue record vide mutation entry no. 18249. 6. That in the year 2014 Nikhil Praful Jedhe and Tushar Praful Jedhe executed Registered General Power of Attorney bearing registration no. 192/2014 dated 13.01.2014 in favour of Praful Nanasaheb Jedhe in respect of Land Gut no. 77 totally admeasuring 04 Hector 52 Are, 01 Are Potkharab, Land Revenue Rs. 15.43 ps. out of which to the extent of 00 Hector 78 Are Situated at Village Satara Tq. & Dist. Aurangabad. 3 7. That in the year 2014 Praful Nanasaheb Jedhe, Nikhil Praful Jedhe, Tushar Praful Jedhe through GPA Praful Nanasaheb Jedhe obtained tentative layout permission from CIDCO in file no. CIDCO/TPO/AFA-TLP/2014/06 dated 10.06.2014. 8. That in the year 2014 Praful Nanasaheb Jedhe, Nikhil Praful Jedhe and Tushar Praful Jedhe through GPA Praful Nanasaheb Jedhe with intent to develop their property Land Gut no. 77 totally admeasuring 04 Hector 52 Are, 01 Are Potkharab, Land Revenue Rs. 15.43 ps. out of which to the extent of 00 Hector 85 Are Situated at Village Satara Tq. & Dist. Aurangabad entered into Development Agreement with Promoter registered development agreement bearing registration no. 4563/2014 dated 24.09.2014 and deed of correction bearing registration no. 6629/2014 dated 23.12.2014 and also executed Irrevocable General Power of Attorney bearing registration no. 4564/2014 dated 24.09.2014 registered at the office of Sub-registrar Aurangabad. 9. That in the year 2017 promoter obtained NA permission for Land Gut no. 77 totally admeasuring 04 Hector 52 Are, 01 Are Potkharab, Land Revenue Rs. 15.43 ps. out of which to the extent of 00 Hector 39 Are which is owned by Nikhil Praful Jedhe Situated at Village Satara Tq. & Dist. Aurangabad in file no. 2017/Jama-2/ /Pari.B/CR-44 dated 09.067.2017. 10. That the promoter has obtained construction permission no. 85/2017-18 in file no. 439/17/2016-17 dated 20.04.2017 from Aurangabad Municipal Corporation and also commenced construction as per permission granted by Aurangabad Municipal Corporation. 11. That in the year 2017 promoter on the basis of Development agreement and power of attorney a relinquished and transferred portion of property admeasuring 228.38 square meter which is affected under 15.00 Meter D.P. Road, as per the Letter of Aurangabad Municipal Corporation bearing no. AMC/NRVI/RA.S.N.R/2017/200 dated 03.02.2017 accordingly Release Deed registered at sr. no. 423/2017 dated 06.02.2017 registered at the office of Sub-registrar Aurangabad. 12. That Deed of Declaration U/Sec. 2-a of Maharashtra Apartment Ownership Act 1970 is executed and registered at Sr. No. ____/2017 on ____________ at the Office of Sub-Registrar Aurangabad, thereby the Proposed Flattted building “A” in “HARI PRAYAG RESIDENCY'' Project- 1 is submitted to the provisions of 4 Maharashtra Apartment Ownership Act 1970. Copy of INDEX-II enclosed here with as Annexure-_____. AND WHEREAS by virtue of aforesaid documents of title the promoter being owners / developers has the sole and exclusive right to develop, construct and allot / sell the apartments, shops, unit etc in the said building/s to be constructed by the promoter on the entire land and to enter into agreement /s with the Allottee /Purchaser/s of the apartment and to receive the consideration in respect of the said unit/s. The promoter hereby declares that there is no covenants affecting the entire land, and that there is no impediment attached to the entire land. Also that there is no illegal encroachment on the entire land, and that there is no such permission required from and Govt. or Authority which affects the title to the entire land. There is no area occupied by Tenants on the entire land. There is no mortgage or line or charge on the entire land. AND WHEREAS the Promoter is entitled and enjoined upon to construct buildings named as '' A '' on the '‘HARI PRAYAG RESIDENCY (Project-1) in accordance with the recitals hereinabove. AND WHEREAS the Promoter is in possession of the said land on which the project '‘HARI PRAYAG RESIDENCY ( Project-1)" being constructed. That in the year 2017 promoter has obtained NA permission for Land Gut no. 77 totally admeasuring 04 Hector 52 Are, 01 Are Potkharab, Land Revenue Rs. 15.43 ps. out of which to the extent of 00 Hector 39 Are which is owned by Nikhil Praful Jedhe Situated at Village Satara Tq. & Dist. Aurangabad in file no. 2016/Jama-2/42-A/Pari.A/Kavi-448 dated 18.04.2017. 1. That the promoter has obtained construction permission wide commencement certificate no. 85/2017-18 in file no. 439/17/2016-17 dated 20.04.2017 from Aurangabad Municipal Corporation and also commenced construction as per permission granted by Aurangabad Municipal Corporation - Annexure -C1 2. That in the year 2017 promoter on the basis of Development agreement and power of attorney a relinquished and transferred portion of property admeasuring 228.38 square meter which is affected under 15.00 Meter D.P. Road, as per the Letter of Aurangabad Municipal Corporation bearing no. AMC/NRVI/RA.S.N.R/2017/200 5 dated 03.02.2017 accordingly Release Deed registered at sr. no. 423/2017 dated 06.02.2017 registered at the office of Sub-registrar Aurangabad. AND WHEREAS the Promoter has proposed to construct on the "A" building having for time being wide permission wide CC No 85/2017 dated 20/04/2017 and wide file no 439/17/2016-17 for UG+G/P+4 floors but the revised file has been submitted wide file no 356/17/2017-18 in which promoter has proposed Underground (Podium) and Ground (shops) cum Parking plus 7 floors (UG+G/P+7) AND WHEREAS the Allottee /Purchaser is offered an Apartment/ Flat/Shop bearing number ____ on the ______ floor, (hereinafter referred to as the said ‘Apartment’) in the Building called " A " (hereinafter referred to as the said ‘Building’) being constructed in the said '‘HARI PRAYAG RESIDENCY ( Project-1)" project, by the Promoter, as per SCHEDULE-C AND WHEREAS the Promoters / Developers Company constituted under the company act have two of its Director’s namely Mr. Pramod Hari Khairnar & Mr. Pratik Pramod Khairnar AND Mr Pramod Hari Khairnar as the constituted Attorney of Promoters Company to execute the present agreement. And further Mr. Pramod Hari Khairnar has further appointed to Mr.---------------------- to admit the execution of this Agreement by virtue of Power of Attorney registered in the Office of Sub Registrar ---------- at Sr. No. ------ --- on dated --------- either jointly or severally to admit the execution of this Agreement by virtue of Power of Attorney registered in the Office of Sub Registrar ------ at Sr. No. ---------- ----on dated ---------------- AND WHEREAS the Promoter has appointed an Architect registered with the Council of Architects; AND WHEREAS the Promoter has appointed a structural Engineer for the preparation of the structural design and drawings of the buildings and the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the building. AND WHEREAS the Promoters have appointed the legal advisor, who investigated the title to said Property and has granted the Title Certificate to the said scheme and same, is annexed herewith. 6 AND WHEREAS this '‘HARI PRAYAG RESIDENCY ( Project-1)" being an on-going project, the Promoter, shall apply / applied by application dated ------------------, as per Act, for the Project certification under the provisions of the Act with the Real Estate Regulatory Authority. And the promoter has also obtained the project registration Number from RERA authority vide Reg. No----- dated ------------ AND WHEREAS the Allottee /Purchaser demanded from the Promoter and the Promoter has given inspection to the Allottee /Purchaser and Allottee /Purchaser has seen, inspected and understood all the documents of title relating to '‘HARI PRAYAG RESIDENCY ( Project-1)" project and the plans, the sale deeds, other documents, title report and all documents mentioned in the same, the N.A Order, commencement certificates, undertakings, the sanctioned layout and building plans, designs and specifications prepared by the Promoter’s Architects and of such other documents as are specified under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as “the said Act”) and the Rules and Regulations made there under. The Allottee /Purchaser is satisfied about the same and also about the title of the Promoter. The Allottee /Purchaser has also shown the all documents related to title to its legal advisor who has gone through all required documents etc and has upto his satisfaction investigated the same, and is fully satisfied about the same. AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoter, authenticated copies of Property card or 7/12 or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Apartments are to be constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively AND WHEREAS the authenticated copies of the plans of the Building permission /Commencement certificate of the said project as approved by the concerned Local Authority have been annexed hereto and marked as Annexure C1. AND WHEREAS the clear block plan showing the project (phase/ wing) which is intended to be constructed and to be sold and the said unit which is intended to be bought by the Allottee /Purchaser is in this said project (phase/wing) which is clearly demarcated and marked and which is for the purposes of this agreement in the project in which the unit stated that the Allottee /Purchaser intends to purchase and the Allottee /Purchaser shall have the right to claim the same for is marked as Annexure C2 & C3 7 AND WHEREAS the authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee /Purchaser , as sanctioned and approved by the local authority have been annexed and marked as Annexure D AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s /phase shall be granted by the concerned local authority. AND WHEREAS 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. AND WHEREAS the Promoter has accordingly commenced construction of the said building in accordance with the said sanctioned plans. AND WHEREAS the Allottee /Purchaser 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 /Purchaser strictly. AND WHEREAS the Allottee /Purchaser has applied to the Promoter for allotment of an Apartment No ._______ in ____ Wing on ________ floor in the Building "A" being constructed in the said '‘HARI PRAYAG RESIDENCY ( Project-1)", (which is more particularly described in Schedule-C hereunder written). AND WHEREAS the carpet area of the said Apartment is ________ square meters and the "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 /Purchaser or verandah area and exclusive open terrace area appurtenant to the said Apartment for exclusive use of the Allottee /Purchaser, but includes the area covered by the internal partition walls of the apartment. 8 The usable floor area of enclosed balcony/ open balcony is admeasuring .........square meters and box is admeasuring ______ square meters and usable floor area of attached open terrace is ________ square meters. AND WHEREAS, the Parties relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; AND WHEREAS, prior to the execution of these presents the Allottee /Purchaser has paid to the Promoter a sum of Rs ____________/- (Rupees _________________________) only, details as mentioned in separate receipt of payment being part payment of the sale consideration of the Apartment agreed to be sold by the Promoter to the Allottee /Purchaser as advance payment or Application Fee (the payment and receipt whereof the Promoter both hereby admit and acknowledge) and the Allottee /Purchaser has agreed to pay to the Promoter the balance of the sale consideration in the manner hereinafter appearing. AND WHEREAS, Under Section 13 of the said Act, the Promoter is required to execute a written Agreement for sale of the said Apartment with the Allottee /Purchaser, being in fact these presents and also to register the said agreement under 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 /Purchaser hereby agrees to purchase the Apartment/Flat/Shop. AND WHEREAS the Allottee /Purchaser has independently made 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 annexed and marked as Annexure G AND WHEREAS the Allottee /Purchaser has been shown the conditions of contracts with the vendors/ contractors/ manufacturers And workmanship and quality stands of products/fittings and fixtures as agreed between promoter and the vendors and on independently verifying the same the Allottee /Purchaser has now agreed to the same as conditions mentioned in these contracts and that the Allottee /Purchaser agrees to abide by the same failure of which shall absolve the promoter to that extent. 9 AND WHEREAS, the Promoter has registered the said project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at …………………. On………………under registration no……………. have been annexed and marked as Annexure F It is specifically understood that the Brochures, Compact Disc, advertising and marketing material published by the Developer/ Promoter from time to time in respect of the scheme is just an advertisement material and contains various features such as furniture layout in a tenement, vegetation and plantation shown around the building/Unit, color scheme, vehicles, etc. to increase the aesthetic value only and is not factual. These features/ amenities are not agreed to be developed or provided by the Developer/ Promoter to the Purchaser/s. The Brochure / Master Plan is the tentative projection of the whole plan of the complex/scheme. There may/will be variations depending on the practical and technical problems or if so desired by the Developer/ Promoter and therefore the complex shall not/may not be the same as in the brochure/master plan. The Developer/ Promoter shall not be liable for such variations nor shall the Purchaser/s question anywise the same. Notwithstanding anything stated in any other document/ allotment/ letter given or communicated with the Allottee /Purchaser 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 they said unit is agreed to be sold to the Allottee /Purchaser . AND WHEREAS this agreement does not preclude, diminish the rights of any financial institutions, fund, registered money lender for which finance has been taken for the project and the same can be claimed by them under the statutory claims and that this does not in any way affect the right of the allotted in respect of his unit in the said project. And that the Allottee /Purchaser has not given any third party any rights to enforce this said agreement unless the said unit is transferred to the them. AND WHEREAS in case there in increase in the FSI, the Seller / Vendor has absolute authority and right to change / modify the building plans and construct additional flats in the building in accordance with the Development Control Rules (DCR) applicable at the relevant time by obtaining Revised Construction Permission from the Competent Authority. AND WHEREAS in case additional FSI / TDR is granted / available to the said plot, the Promoter / Builder / GPA Holder alone can raise additional construction in the building and sell the same and no flat owner or the Co-operative society of flat owners that may be formed 10 in future will have any right to raise any objection for such additional construction by the builder. AND WHEREAS the Promoters also showed the proposed building plans of the construction to the Purchaser/s and the Purchaser/s are also expressly agreed and understand that the Promoters may amend, revise and alter the building layout / building plans from time to time in respect of tenements, spaces, users, areas to suit the Promoter's requirements and in spite of the same and having irrevocably consented thereto, however this consent is given with a condition that the Promoter shall not change the Open Space area as shown on Original sanction layout and location of Residential Buildings. The Purchaser/s applied to the Promoters for the purchase/allotment of the apartment /Flat/ shop in the Said ''A'' BUILDING of '‘HARI PRAYAG RESIDENCY ( Project-1)" project for the consideration and by abiding the terms mentioned hereunder, the Promoters agreed therefore; AND WHEREAS the Purchaser has read and understood all the terms and conditions of the Development Agreement and Power Of Attorney in and between the Promoter and Consenting Party / Co-promoter i.e. Nikhil Praful Jedhe. Also the Purchaser has read and understood all the contents of the indemnity bonds / undertakings, etc given by the Promoter/ Co-promoter and Purchaser agrees that the said indemnity bonds/ understanding etc. shall form an integral part of this agreement and shall be binding on him/her/them. AND WHEREAS the Purchaser is aware of the fact that the Promoter has entered or will enter into similar and /or separate Agreements with several other Allottee /Purchaser / purchasers, persons and parties in respect of different apartment / units in the said '‘HARI PRAYAG RESIDENCY ( Project-1)" project; and the purchaser has no right to object to allot such units to any other Allottee /Purchaser on the basis of cast / creed / religion / gender or such difference of any nature. It is also understood and agreed by and between the parties hereto that the terraces can be exclusively sold to any of the FLAT Purchaser except the common amenities and facilities agreed to be provided by the Promoter to the flat purchaser as per this Agreement. The said terraces shall not be enclosed by the Purchaser, till the permission in writing is obtained from the concerned local authority and the Promoters. NOW THEREFORE, THIS AGREEMENT WITNESSTH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. CONSTRUCTION OF THE PROJECT / APARTMENT 11 1.1 The Promoter shall construct the said building/s consisting of basement/podium , ground/parking and 4 upper floors on the project land in accordance with the plans, designs and specifications and upper floors as approved by the concerned local authority from time to time. Provided that the Promoter shall have to obtain prior consent in writing of the Allottee /Purchaser in respect of variations or modifications which may adversely affect the Apartment of the Allottee /Purchaser except any alteration or addition required by any Local/Government authorities etc. or due to change in law. 2. CONSIDERATION / PRICE OF THE SAID APARTMENT: 2.1 The Allottee /Purchaser hereby agrees to purchase the apartment / Flat/shop in the said project for which he has applied vide application no. ___________ dated _________ for apartment/ Flat/shop no. ___________ type ________, having carpet area of ______ square meters as per RERA Act definition and clarification, and exclusive enclosed balcony area---------- exclusive terrace area ------- and exclusive open balcony area ----- , exclusive box / cupboard area ------- square meters of the apartment / Flat/ shop No.----- on ____ floor in "A" “Building” being constructed in the said '‘HARI PRAYAG RESIDENCY ( Project-1)" project of which details are more particularly described in Schedule C and the floor plan of the apartment is annexed hereto and marked as Annexure ------- for a lump sum consideration of Rs. /- (Rs. only) including the proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the Schedule D. 2.2 The Allottee /Purchaser hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee /Purchaser covered parking if put for sell such covered parking. 2.3 The total aggregate consideration amount for the apartment/Flat/Shop is Rs.... /- (Rs ... only). That, the sale price mentioned above is on lump sum basis and has nothing to do with the area of the said Flat. 2.4 That, out of the agreed sale price, the Purchaser has paid Rs. /- (Rs. Only) as advance payment to the Seller as under: Date R. No. By Ch. No. / By Cash / By D.D. Amount 12 2.5. Manner of Payment : (PAYMENT PLAN ) The Total Amount of Rs. ------------- /- to be paid in the following manner % of work Stage of Construction 10% On or before execution of agreement /on booking Owners Contribution 20% On Agreement to sale 10% On Plinth or basement podium Parking slab 10% On First Slab 10% On Second Slab 10% On Third slab 05% On Fourth or Terrace Slab 10% On Brick Work /internal Plaster 05% On External Plaster / Waterproofing 05% On internal and external plumbing lines 05% On finishing (one coat of painting, window shutters, electrification, door shutters etc) 100% of Stage of Construction work Total 100% i.e. Rs……………………. 2.6 The Allottee /Purchaser hereby agrees that any tax levied by the local authority, State and / or Central Government, Corporation and/or any other authority or authorities on the development of the said entire land and/or sale of the apartment, etc., any amount by way of premium to the Corporation or to the State and/or Central Government or betterment charges and/or any of the incidents of this transaction including GST (CGST, SGST, IGST), service tax, Value Added Tax (VAT), tax on transfer of property, etc. or development tax, or educational cess or any such cess etc, or any present or other new tax, charge, or payment of a similar nature becoming payable, the Allottee /Purchasers shall be liable to pay such taxes etc. to the Promoter, as and when charged and demanded by the State and/or Central Government, Corporation, any Authority etc. The Promoter shall not be liable to pay the same. And if such type of taxes applied by any government or local authority in future by giving retrospective effect then the same will be treated as payable by the Allottee /Purchaser upto the date of handing over possession of apartment. 13 2.7 If Allottee /Purchaser fails to pay the amount within seven days from demand then Allottee /Purchaser shall be liable to pay penalty, interest and compensation thereon until payment. For any consequences of nonpayment of any of the payments, the Allottee /Purchaser shall be solely responsible. It is understood that interest shall not cover the damages/losses that will be suffered by the Promoter due to non-payment. Therefore, Allottee /Purchaser shall be further liable to pay damages and losses that will be suffered by the Promoter due to non-payment and the Allottee /Purchaser shall keep the Promoter harmless and indemnified there from. 2.8 The Total Price is escalation-free, save and except escalations/increases, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority Local Bodies/Government from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee /Purchaser for increase in development charges, cost, or levies imposed by the competent authorities etc., the Promoter shall enclose the said notification/order/rule/regulation published/issued in that behalf to that effect alongwith the demand letter being issued to the Allottee /Purchaser, which shall only be applicable on subsequent payments. 2.9 The Promoter may allow, in its sole discretion, a rebate for early payments of equal installments payable by the Allottee /Purchaser by discounting such early payments at zero percentage per annum for the period by which the respective installment has been pre-paned. 2.10 The Promoter shall confirm the final carpet area of the Apartment that has been allotted to the Allottee /Purchaser after the construction of the Building is complete and the completion/occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area, subject to a variation cap of 3% (three percent). The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee /Purchaser within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee /Purchaser. If there is any increase in the carpet area allotted to Allottee /Purchaser, the Promoter shall demand additional amount from the Allottee /Purchaser as per the next milestone of the Payment Plan. 2.11 It is made clear and agreed by and between the parties hereto that the promoter shall not be bound to follow, chronological order of any of the stages of the above said stages/ installments and that the Promoter shall be at complete liberty to choose the chronology of 14 the respective stages of the construction. The Purchaser agrees that the Promoter may merge or consolidate two or more installments in their discretion by simultaneously executing the contemplated work in the said installment. The consideration of the said flat is also arrived on the assurance of the Purchaser to abide by the above payment schedule only and it will not be altered by the Purchaser. The Purchaser shall liable & bound to pay all the amount of installments within 15 days from the date of receipt of the demand Letter of installment by the Promoter. The Purchaser shall make all the payments to the Promoter by Demand Draft only or by local cheques . If the Purchaser makes the payment by outstation cheques then the date of payment shall be treated as and when the same is credited to the account of the Promoter and to the extent the said amount is credited by deducting the commission of the Bank. Payment of any installments if made in advance shall be adjusted to the installments as mentioned herein above. No interest shall be paid by the Promoter for such advance payments made by the Purchaser or Housing Finance Companies/Banks, etc. 3. Mode of Payment: The Flat Purchaser/s shall make all the payments to the Promoter by Demand Draft only or by local cheques drawn in the name of MARATHWADA CONSTRUCTIONS PVT. LTD. , Bank- Saraswat Bank ( scheduled bank ), Branch - Kranti Chowk. Railway Station, Road, Aurangabad in Current A/C No. 090100100001181. IFSC Code No. SRCB0000090. If the Flat Purchaser/s makes payment by outstation cheques then the date of payment shall be the one when the same is credited to the account of the Promoter and to the extent the such amount is credited after deducting the commission of the Bank. The payment of the last installment shall be made by D.D or by local cheques & the possession of the said flat shall only be handed over after the amount is realized and credited by the drawee bank. If due to any reason the above account or bank, if changed by the promoter, the same shall be intimated to the Allottee /Purchaser and Allottee /Purchaser hereby agrees to pay as per the changed account No. and Bank. 4. ADJUSTMENT / APPROPRIATION OF PAYMENT : The Allottee /Purchaser authorizes the Promoter to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if any, in his/her name as the Promoter may in its sole discretion deem fit and the Allottee /Purchaser 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 installment on the due dates, the Allottee /Purchaser /s shall be bound and liable to pay interest as per State Bank of India highest Marginal Cost of Lending Rate plus 2 15 % per annum, with monthly rests, on all the amounts which become due and payable by the Allottee /Purchaser /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 /Purchaser /s from time to time or on completion of the said project/apartment, and the Allottee /Purchaser /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 the terms, conditions, stipulations and restrictions if any, applicable to him and which may have been or which may be imposed by the concerned local authority, at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the Apartment to the Allottee /Purchaser, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Apartment. 7. DISCLOSURE AS TO FLOOR SPACE INDEX:- 7.1 The '‘HARI PRAYAG RESIDENCY ( Project-1)" project land is 3900 sq.mtrs. and after 15 m wide DP road cutting it is 3671.62 sq. mtrs, (out of entire land of '‘HARI PRAYAG RESIDENCY ( Project-1)" and '‘HARI PRAYAG RESIDENCY ( Project- 2)" is i.e.out of the land of '‘HARI PRAYAG RESIDENCY" which is in total 8500 sq.mtrs). The building proposed to be constructed is Underground plus ground/Parking plus 7 floors on the land of ''A'' BUILDING of “HARI PRAYAG RESIDENCY (Project-1) '' project. The Promoter hereby declares that the Floor Space Index (including TDR) available as on date in respect of the entire '‘HARI PRAYAG RESIDENCY ( Project-1)" land is 7526.82 square meters , Total maximum FSI allowed as per DCR for the time being is 2.05 . The Promoter has disclosed the Floor Space Index of 3671.62 square meters utilized by him on '‘HARI PRAYAG RESIDENCY ( Project-1)" Project. The said Floor Space Index of 3671.62 square meters does not include FSI available on payment of premiums or incentive FSI or TDR (by implementing various scheme as mentioned in the Development Control Regulation), and paid FSI. So it is hereby made clear that the Promoter shall have the right to use this remaining FSI, of entire land, of '‘HARI PRAYAG RESIDENCY ( Project-1)" and which is 3855.20 square meters and the balnce FSI of '‘HARI PRAYAG RESIDENCY ( Project-2)" 16 Land which may be sanctioned from time to time ,along with FSI available on payment of premiums or incentive FSI (by implementing various schemes as mentioned in the Development Control Regulation), and paid FSI or based on expectation of increased FSI, which may be available in future on remaining project/s of entire land. The Allottee /Purchaser has no concern for the remaining projects of '‘HARI PRAYAG RESIDENCY (Project-1)" and '‘HARI PRAYAG RESIDENCY ( Project-2)" on entire land of 8500 sq.mtrs. and has agreed to the same, and also agrees that, he has purchased the said Apartment in '‘HARI PRAYAG RESIDENCY ( Project-1)" project based on proposed construction and sale of apartments to be carried out by the Promoter by utilizing the proposed FSI for '‘HARI PRAYAG RESIDENCY ( Project-1)" and '‘HARI PRAYAG RESIDENCY ( Project-2)" project as mentioned above and on the understanding that the declared and remaining proposed FSI as mentioned above shall belong to the Promoter only for utilizing on remaining projects in entire land. As per sanctioned Permission number of Aurangabad Municipal Corporation wide CC- 85/2017-18 dated 20/04/2017, File No. 439/17/2016-17 for '‘HARI PRAYAG RESIDENCY( Project-1)" the potential sanctioned Floor Space Index is 3671.62 square meters (out of total Floor Space Index (including TDR) 7526.82 square meters) and remaining Floor Space Index 3855.20 square meters will be available to Promoter for '‘HARI PRAYAG RESIDENCY ( Project-1)" in future which has/have been shown to the Allottee /Purchaser/s. 7.2 The Promoter shall have right to utilize entire existing infrastructure and facilities provided in the said '‘HARI PRAYAG RESIDENCY ( Project-1)" Project for the construction work and completion of other works like laying of drainage line, water line, or electrical line etc. of the other project/s in the entire layout of '‘HARI PRAYAG RESIDENCY ( Project-1)" and '‘HARI PRAYAG RESIDENCY ( Project-2)" and the Promoter shall have a right of access through side margins, roads, common road etc. The Allottee /Purchaser/s is aware of this and has agreed to and given his / her/their irrevocable consent for the same. The Allottee /Purchaser shall not obstruct in any manner activities of Promoter. 7.3 Though the Promoter herein has right to develop the said entire land, bearing G.No. 77(part), Mouje Satara , Tq & Dist Aurangabad admeasuring 8500 sq.mtrs., the Promoter has decided to carry out development in various projects and accordingly portion identified as said '‘HARI PRAYAG RESIDENCY ( Project-1)" project admeasuring 3900 sq.mtrs, is only subject matter of this Agreement and the same is more particularly described in Schedule B hereunder written and plan annexed. The Allottee /Purchaser is 17 concerned with this '‘HARI PRAYAG RESIDENCY ( Project-1)" project only. Each Project will have a separate Association of apartment owners which will be formed as mentioned in Act and Rules and Regulations and also Maharashtra Apartment Ownership Act 1970 and each such association will maintain its own project, and apex association for both projects for common facilities and aminities. 7.4 There shall be two projects in the said entire land and there shall be separate association of the'‘HARI PRAYAG RESIDENCY ( Project-1)" project and other '‘HARI PRAYAG RESIDENCY ( Project-2)" project situated to the east side of common road of the said sanctioned '‘HARI PRAYAG RESIDENCY ( Project-1)". There shall be clubhouse on statutory open space of '‘HARI PRAYAG RESIDENCY ( Project-1)". There shall be one other project '‘HARI PRAYAG RESIDENCY ( Project-2)" which is situated to the east of '‘HARI PRAYAG RESIDENCY ( Project- 1)" and the common road and the Promoter may form either one association for both the said two projects or two separate associations of the said two projects and one apex association for common facilities and common aminities . Initially project situated to the west side of the common road that is the said '‘HARI PRAYAG RESIDENCY ( Project-1)" project will be constructed as per the sanctioned plan thereto construction of UG+GF/P+4 floors FOR "A" Building is permitted. The buildings in both the projects may have structure of upto UG+GF/P+ 7 floors and may be extended upto UG+GF/P+ 12 floors as per sanctioned building permissions given by competent authorities , time to time. Each association will be maintaining common areas and facilities within their project/s either jointly or seperately as the case may be . 7.5 There shall be common facilities in the entire land in between the said two projects/associations and the same is described in the Schedule E hereunder written. Each Allottee /Purchaser of both projects in the entire land will have proportionate undivided share in the common facilities provided in open spaces and aminity buildings in both the projects and the undivided land share in respective land of the respective project. 7.6 As stated above for the purpose of organizing maintenance of the common facilities with their respective land common among all projects which includes club house, transformers, common water tank, generator set, pump rooms, OWC and STP, etc. an apex body / federation / private trust / any other legal entity will be formed by the Promoter as settler wherein all Allottee /Purchasers or their associations will be beneficiaries and thus each association will have adequate / proportionate/ representation in the said apex body / federation / private trust / any other legal entity. The said apex body / federation / private trust / any other legal entity will be in-charge of the said 18 common facilities and their respective land common amongst them. The terms of the deeds and its rules and regulations shall be decided by the Promoter herein. 9. SPECIFICATIONS AND AMENITIES: The authenticated copies of the specifications of the Apartment agreed to be purchased by the Allottee /Purchaser and common amenities for the project, have been annexed and marked as Annexure D respectively. 10 COMPLIANCE OF LAWS RELATING TO REMITTANCES . The Allottee /Purchaser/s agrees that in case the Allottee /Purchaser/s is an NRI or Non- Resident / Foreign National of Indian origin/foreign nationals/ foreign companies, then in that event, the Allottee /Purchaser/s shall be solely responsible for complying with the necessary formalities as laid down in the Foreign Exchange Management Act (FEMA), Reserve Bank of India (RBI) Act and rules/guidelines made/issued there under and all other applicable laws including that of remittance of payments acquisition/sale transfer of immovable properties in India. In case any such permission is refused or subsequently found lacking by any statutory authority, the same shall constitute breach of the terms thereof. The Allottee /Purchaser shall indemnify the Promoter regarding the same. Also, if any documents etc are required from the Promoter, the Allottee /Purchaser will intimate to the Promoter for the provision of the same and the Promoter at its discretion will provide, but will not be responsible for anything. 11. POSSESSION OF THE APARTMENT : 11.1 The Promoters herein shall complete the construction of the said apartment / unit in all respects on or before 30/06/2022, provided that the Purchaser shall have made payments of the installments towards the purchase price of the said Flat and other charges mentioned in this agreement without delay at times stipulated for payments thereof. The Developer may not complete some of the common amenities to be provided to all purchasers. All such remaining amenities if any shall be completed while completion of the total project. The Purchaser/s shall not raise any dispute or litigation, complain, etc. regarding the common amenities or any common areas etc. Even after occupying the flat, constructional activities, undertaken by the Promoter on the said property / land, shall remain in force or work-in progress shall be remain continued, in respect of the said building and therefore he/she/they may have to face certain difficulties Viz. Material obstacles, Noise, Dusting etc. The purchasers shall co-operate with the Promoter/Developer and he/she/they shall not raise any objection / obstacle to the work in progress, as he/she/they is/are well aware of the facts, before occupying or taking possession of the Said Flat. It is agreed parties hereto that if the Promoter fails to give possession of the said Flat in accordance of period mentioned 19 hereinabove, further 6 (Six) Months period shall be extended /allowed for completing the construction of said Flat in all respects. Even then the Promoter fails to give possession of said Flat to the Purchaser in extended /allowed stipulated period of above, then the Promoter will pay compensation to per month, which will be in or according to prevailing market Rent of said Flat to the Flat purchaser till the handover of Flat, except if such delay is due to the reasons beyond the control of the Developer. Provided however, that the Promoters herein shall be entitled to the extension of time for completing the construction of the said Flat in all respects after the aforesaid date, if the completion of the building in which the Flat is to be situated is delayed on account of: i) The Purchaser/s committing any default in payment of installment as mentioned hereinabove. ii) Any extra work to be carried out in the said Flat as per the requirement and at the costs of Purchaser /s. iii) Non - availability of steel, cement or any other building materials, water or electricity supply, labor, proper access, etc for any reason beyond the control of Promoter. iv) War, Civil Commotion or act of God such as floods, earthquake, heavy monsoon etc. v) Any notice, order, rules or notification of the government and /or public or competent authority. vi) Delay in grant of any NOC/permissions/licenses/connections/ installation of any services such as lifts, electricity, water connections and meters to the Scheme FLAT, road NOC etc., or Occupancy (Completion) Certificate from appropriate authority. vii) Death and/or permanent disability of key representative of the Developer 11.2 Schedule for possession of common amenities: The common amenities will be completed along with respected phases in which common amenities are proposed hence the possession of the common amenities given to the respected societies before conveyance. 11.3 Procedure for Taking Possession : The Promoter, upon obtaining the completion/occupancy certificate from the competent authority and the payment made by the Allottee /Purchaser as per the agreement shall offer in writing the possession of the Apartment, to the Allottee /Purchaser in terms of this Agreement. The Promoter shall offer the possession to the Allottee /Purchaser in writing within 7 days of receiving the completion/occupancy certificate of the Project. The Allottee /Purchaser shall take possession of the Apartment within 15 days of the written notice from the Promoter to the Allottee /Purchaser intimating that the said Apartment is ready for use and occupancy; or otherwise possession to be taken within maximum 2 (two) months from the date of issue 20 of such notice and the Promoter shall give possession of the Apartment to the Allottee /Purchaser. The Allottee /Purchaser shall be and agree(s) to pay the maintenance charges as determined by the Promoter or association of Allottee /Purchasers, as the case may be from date of Occupancy Certificate. Provided that if delay period on the Account of Promoter of the possession agreed to the Allottee /Purchaser, the Allottee /Purchaser shall be paid by the Promoter, interest for every month of delay till the intimation of the possession by the Promoter. 11.4 Failure of Allottee /Purchaser to take Possession of Apartment : Upon receiving a written intimation from the Promoter as per clause the Allottee /Purchaser shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the Apartment to the Allottee /Purchaser on receiving payment of all dues, charges etc, under this agreement payable by the Allottee /Purchaser to the Promoter if any in pursuance of these presents and on the Allottee /Purchaser fulfilling his part of the agreement. In case the Allottee /Purchaser fails to take possession within the time provided such Allottee /Purchaser shall continue to be liable to pay maintenance charges as applicable. And if the Allottee /Purchaser fails, he/she shall be liable to pay interest and compensation. 11.5 Compensation If the Promoter fails to abide by the time schedule for completing the said this '‘HARI PRAYAG RESIDENCY ( Project-1)" project and handing over the Apartment to the Allottee /Purchaser, the Promoter agrees to pay to the Allottee /Purchaser, who does not intend to withdraw from the said project, interest as specified in the Rule, on all the amounts paid by the Allottee /Purchaser, for every month of delay, till the handing over of the possession subject to the terms of this agreement. The Allottee /Purchaser also agrees to pay to the Promoter, interest as specified in the Rule, on all the delayed payment which become due and payable by the Allottee /Purchaser to the Promoter under the terms of this Agreement from the date the said amount is payable by the Allottee /Purchaser(s) to the Promoter. 12 TIME IS ESSENCE Time is essence for the Promoter as well as the Allottee /Purchaser. The Promoter shall abide by the time schedule for completing the project and handing over the Apartment to the Allottee /Purchaser and the common areas to the association of the Allottee 21 /Purchasers after receiving the occupancy certificate or the completion certificate, as the case may be, as per the terms herein. Similarly, the Allottee /Purchaser shall make timely payments of the installment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in clause 2.5 herein above. (“Payment Plan”). 13. TERMINATION OF AGREEMENT : Without prejudice to the right of Promoter to charge interest as per terms of agreement, on the Allottee /Purchaser committing default in payment on the due date of any amount due and payable by the Allottee /Purchaser to the Promoter under this Agreement (including his/her/their proportionate share of taxes levied by the concerned local authority and other outgoings etc) and on the Allottee /Purchaser committing three defaults of payment of installments, the Promoter shall at its sole option, terminate this Agreement. Provided that the Promoter shall give to the Allottee /Purchaser 15 (fifteen) days’ notice in writing, by Registered Post AD at the address provided by the Allottee /Purchaser and mail at the e-mail address provided by the Allottee /Purchaser, of his intention to terminate the this Agreement and of the specific breach or breaches of the terms and conditions in respect of which it is intended to terminate the Agreement. If the Allottee /Purchaser fails to rectify the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, Promoter shall be entitled to terminate this Agreement. The agreement shall stand terminated at the elapse of the notice period, if Allottee /Purchaser fails to remedy the breach within the notice period. The Allottee /Purchaser will have right only on amount as mentioned above and that also after deducting the amount payable as per the terms of the agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Allottee /Purchaser (subject to adjustment and recovery of liquidated damages or any other amount which may be payable to Promoter) within a period of thirty days of the termination, the installments of sale consideration of the Apartment which may till then have been paid by the Allottee /Purchaser to the Promoter subject to following: 13.1 If the Allottee /Purchaser has taken loan from any bank, financial company, institute, etc. then in case of termination/cancellation of the apartment by Promoter, the consent from the said bank, financial company, institute, etc for resale of the said apartment will not be required subject to that the loan amount which has been disbursed 22 from the financial company to the Promoter directly shall be paid by the Promoter (without any interest or penalty thereon), to the bank, financial company, institute, etc directly. The Allottee /Purchaser shall make aware of this clause to the financial company by separate letter. 13.2 The Promoter shall deduct the amount towards damages, administration charges, other expenses etc, equivalent to 10% of the sale amount (plus applicable GST if any) from and out of the amount so far then paid by the Allottee /Purchaser to the Promoter and the Promoter shall be liable to repay only the balance amount (after deducting above amount) from the amount received by the Promoter. In this case reduction in price of the apartment will also be considered as damages/loss of the Promoter in addition to other loss and expenses. 13.3 In case of termination of this agreement for any reason, taxes such as Stamp Duty, registration fee, LBC/LBT, service tax, GST (CGST, SGST, IGST), VAT etc. already paid / reimbursed or otherwise shall not be refunded by the Promoter to the Allottee /Purchaser. 13.4 In case of the cancellation of the said apartment, the Promoter shall not be responsible and not be liable for refund of stamp duty, registration fees, GST (CGST, SGST, IGST), or any charges paid to the Government against this apartment. The Allottee /Purchaser irrevocably agrees to the same. Except the aforesaid amount, the Allottee /Purchaser will have no right on the said apartment, nor will he/she/they claim any right on the same in future also and Allottee /Purchaser hereby agrees for the same. It is hereby made specifically clear that in the above event of termination, execution and registration of deed of cancellation will be necessary within fifteen days and the same is agreed and consented by the Allottee /Purchaser/s. However the Promoter shall not be liable to repay the amount payable unless and until the Allottee /Purchaser confirms the termination by execution and registration of a Deed of Cancellation. The Promoter at its option and discretion, without terminating the agreement, shall be entitled for specific performance thereof and to recover the amount due with interest thereon and in addition the Promoter shall also be entitled to damages and losses suffered because of the delay in payment of the balance consideration. 14. DEFECT LIABILITY : 23 14.1 If within a period of five years from the date of handing over the Apartment to the Allottee /Purchaser, the Allottee /Purchaser brings to the notice of the Promoter, in writing along with proof, 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 /Purchaser shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. The defect hereinabove stated i.e. manufacturing defects shall not include defects caused by normal wear and tear, negligent use of the apartment /building/premises by the Allottee /Purchasers, abnormal fluctuations in the temperatures, abnormal heavy rains, natural calamity and/or any modification or alteration done inside or outside the apartment, superficial cracks, and lack of daily maintenance etc. The Allottee /Purchaser agrees to the use of fittings and fixtures as per the directions mentioned in manufacturing warranty cards, which information is given to Allottee /Purchaser by the Promoter. Provided however, that it is agreed that the prescribed liability period under the Act shall be deemed to have commenced after 2 months from the date of Completion Certificate. Provided further that the Allottee /Purchaser/s shall not carry out any alterations of whatsoever nature in the said apartment or in the fittings therein, in particular it is hereby agreed that the Allottee /Purchaser/s shall not make any structural alterations including but not restricted to alterations in any of the RCC structures, fittings, pipes, water supply and electrical connections or any of the erection in the kitchen, toilets, W.C., bathroom, terraces, passages etc. If any of such works are carried out or any heavy loads are stored in the apartment balcony, terrace, passages, etc., any liability including defect liability of the Promoter automatically shall come to an end. Further, the Allottee /Purchaser shall be liable of paying damages, if any, to Allottee /Purchaser / owner / user of the apartment below or any other affected apartment/s. 14.2 The Allottee /Purchaser/s shall not damage, take support of any RCC members like RCC columns, RCC beams, or RCC slabs or make changes therein or affect the same in any manner. The Allottee /Purchaser specifically agrees not to undertake any addition/alteration including enclosing of open terrace by any means. He/she/they also 24 agree not to change / alter position of the signage. No encroachment, on atrium / passage / stair etc. will be allowed. The Allottee /Purchaser shall occupy / display his materials, within boundaries of his/her apartment only. On no account goods are to overflow on common areas. 15 FORMATION OF ORGANIZATION OF APARTMENT HOLDERS: 15.1. The Allottee /Purchaser along with other Allottee /Purchaser(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 and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the 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 /Purchaser, so as to enable the Promoter to register the common organisation of Allottee /Purchaser. No objection shall be taken by the Allottee /Purchaser if any changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Competent Authority. 15.2 The Promoter shall execute Deed of Apartment in favour of Allottee /Purchasers, and cause to transfer to the Allottee /Purchasers all the right, title and the interest of the Owner i.e. Promoter in their respective apartment in the said Building of said this '‘HARI PRAYAG RESIDENCY ( Project-1)" along with undivided proportionate share in this "A" building of '‘HARI PRAYAG RESIDENCY ( Project-1)" land proportionate to total carpet area of the this '‘HARI PRAYAG RESIDENCY ( Project-1)" land in which the said Apartment is situated, subject to rights of the exclusive use of parking of respective Allottee /Purchasers, on or before dated 30/09/2022 15.3 Though the open parking areas on common areas of projects shall be common of the Allottee /Purchasers or their organization, it is the necessity and requirement of the Allottee /Purchaser/s that various open parking spaces be got, specified / distributed / selected for allotment of exclusive use on the basis of first come first serve, among them to have orderly and disciplined use and to avoid confusion, disputes and differences among them. With this view, the Promoter, on the request of the Allottee /Purchaser herein is keeping a register / record of such designations / selections of parking’s to be done by the Allottee /Purchasers among themselves which selections will be subject to rules and regulations of the association to be formed by them. The Allottee /Purchaser agrees to the same. The Promoter has not taken any consideration for such selection. It is specifically agreed by the Allottee /Purchaser herein that the above work is being done by 25 the Promoter ex-gracias on the request of the Allottee /Purchasers and the same is not to be deemed as allotment by the Promoter and that if for any reason it be held that such selection / designation of open parking/s by the Allottee /Purchasers of the apartments among themselves is not proper then the Allottee /Purchasers (including Allottee /Purchaser herein) shall be entitled to use entire parking area in common or as may be decided amongst them. In this arrangement of parking, those Allottee /Purchasers that have covered parking shall not be allowed for such type of arrangement. The Allottee /Purchaser has consented to this arrangement by which the earlier Allottee /Purchasers have also selected the open parking. The Allottee /Purchasers are also aware that the said open parking area is part of the common area in which all Allottee /Purchasers of the project shall have undivided share. 16. CONVEYANCE OF THE SAID APARTMENT: 16.1 The Allottee /Purchaser along with other Allottee /Purchaser(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 and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the 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 /Purchaser, so as to enable the Promoter to register the common organization of Allottee /Purchaser. No objection shall be taken by the Allottee /Purchaser if any changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may be required by the Competent Authority. 16.2 The Promoter shall execute Deed of Apartment in favour of Allottee /Purchasers, and cause to transfer to the Allottee /Purchasers all the right, title and the interest of the Owner i.e. Promoter in their respective apartment in the said "A" Building of said this '‘HARI PRAYAG RESIDENCY ( Project-1)" project along with undivided proportionate share in this '‘HARI PRAYAG RESIDENCY ( Project-1)" project land proportionate to total carpet area of the this '‘HARI PRAYAG RESIDENCY ( Project- 1)" Project land in which the said Apartment is situated, subject to rights of the exclusive use of parking of respective Allottee /Purchasers, on or before dated 30/09/2022 17. PAYMENTS FOR TAXES, CESS AND OTHER OUTGOINGS ETC. 26 17.1 Within 15 days after notice in writing or intimation is given by the Promoter to the Allottee /Purchaser/s that the Apartment is ready for the use and occupation, the Allottee /Purchaser/s shall be liable to bear and pay from the date of completion certificate (though possession is not taken by Allottee /Purchaser/s) the proportionate share of outgoings in respect of "A" building, namely local taxes, betterment charges, or such other levies by the concerned local authority and/or Government, N. A. charges, water charges, common lights, common light meter, repairs, and salaries of clerks, bill collectors, chowkidars, liftman, sweepers, gardeners, water pump/s, expenses for lift repairs, machinery repairs, common security, parking maintenance, common power backup expenses etc. and all other expenses necessary and incidental to the Management and maintenance of the said '‘HARI PRAYAG RESIDENCY ( Project-1)" and building/s . This amount does not include supply of water if by water-tankers, maintenance of STP, OWT and UGWT, property taxes of individual apartment and club and individual electricity bills, etc. The proposed Association shall carry out the general common outgoings. Till such period the Allottee /Purchaser has agreed to pay provisional lump sum charges as the general common outgoings in advance prior to delivery of possession of the said apartment. 17.2 The Allottee /Purchaser/s agrees to pay to the Promoter or to such person as may be nominated by the Promoter provisional monthly contribution calculated at Rs. 20/- (Rs.Twenty only) per sq. mtrs. of the total carpet area ( carpet area of the apartment, enclosed balcony or boxes , adjoining open balcony or terraces), (plus service tax, GST - CGST, SGST, IGST as applicable), per month towards the outgoings. The amounts so paid by the Allottee /Purchaser/s shall not carry any interest and remain with the Promoter or the concerned person as the case may be. The Promoter at its discretion shall be entitled to recover in advance twenty four months (two year) contribution from the Allottee /Purchaser prior to delivery of possession of the said Apartment. The Allottee /Purchaser herein has specifically agreed to pay his contribution for running and maintaining the lifts/elevators, generators, invertors, batteries (if provided to the said building) irrespective of the floor on which the apartment is located and also irrespective of the use of the lifts/elevators or even apartment by the Allottee /Purchaser. 17.3 The Promoter or such person nominated by the Promoter will maintain a separate account of the maintenance charges received from the Allottee /Purchaser as mentioned above. The Allottee /Purchaser agrees that in case the expenses incurred are more, such additional charges will be borne by the Allottee /Purchaser, and the balance amount if any will be handed over to Association. 27 17.4 The Allottee /Purchaser hereby agrees that if he/she does not pay the maintenance as mentioned above, the Promoter will charge interest and compensation on the said outgoings, and the Allottee /Purchaser shall be liable to pay the same. 17.5 The Promoter shall be entitled to enter into agreement with any person / company / agency for maintenance of the common facilities of the project for months or year with a view to ensure cleanliness thereof. The Allottee /Purchaser and Association shall be bound by the said contract. Similar charges shall not be payable and not to be collected from the unsold apartments, the Allottee /Purchaser herein agrees to the same. 17.6 The monthly / yearly contribution towards maintenance mentioned above does not include charges towards supply of water. Water may be provided temporarily by Promoter from various sources viz. borewell, tankers, corporation, etc. and hence Promoter shall calculate the cost that is being or will be incurred by the Promoter from time to time and divide the same prorata on project and thus on each apartment and the same will be billed and collected in advance. The collection may be, in advance, on quarterly / half-yearly or yearly basis. 17.7 If the Allottee /Purchaser fails to pay the maintenance or water supply charges then the Promoter shall be entitled to dis-connect or stop the supply to the Apartment / unit until the charges are paid. 17.8. The Promoter shall develop the open space and construct Club House, or other such facility for use of all the Allottee /Purchaser/s in all the projects of the layout. The said open space and facilities like common hall, lawn, mini gymnasium, indoor & outdoor games facilities, children play area, shall be common for all Allottee /Purchasers in both the projects of layout. On completion of the said facilities and the same being made available to the Allottee /Purchasers, he/she shall be liable to pay, promptly and time to time, contribution of charges of maintenance thereof as may be decided and levied by the Promoter until the said facilities are handed over to the organization to be formed on or before dated 30/09/2022 for this '‘HARI PRAYAG RESIDENCY ( Project-1)" and as per the date of proposed this '‘HARI PRAYAG RESIDENCY ( Project-2)" The use of the facilities shall be strictly as per the rules and regulations of the local authority / Promoter/ Associations etc. The Allottee /Purchaser herein shall pay his / her contribution for outgoings/ maintenance of these common facilities as may be decided by the Promoter or the associations. The Allottee /Purchaser has agreed to pay (whether he uses it or not) a provisional minimum lumpsum amount of Rs. 1200/- (Rs. One thousand and two hundred only) (plus service tax, GST - CGST, SGST, IGST as applicable) per month for 28 the outgoings/ maintenance and upkeep of the said facilities. The Allottee /Purchaser has hereby agreed to pay to the Promoter or person/ agency appointed by the Promoter such charges in advance for upto 24 months, on or before taking possession of the said apartment, irrespective whether the Allottee /Purchaser makes use of the facilities or not. The Allottee /Purchaser has agreed that in the event the said maintenance is not paid by him/her or other Allottee /Purchasers, due to which the Promoter may become unable to carry out the maintenance, the Promoter will shut down some or all (as the case may be) of the facilities of the Open Space and clubhouse, The Promoter shall be entitled to enter into agreement with any person / company / agency for maintenance of the common facilities in the project with a view to ensure upkeep and maintenance thereof. The Allottee /Purchaser shall be liable to pay his share of outgoings/maintenance charges and shall be bound by the rules and regulations of the local authority/ Promoter/ Associations. 18. DEPOSITS BY ALLOTTEE /PURCHASER WITH PROMOTER FOR SOCIETY / ASSOCIATIONS The Allottee /Purchaser shall pay to the Promoter a lump sum of Rs.15000/- for meeting legal costs, charges and expenses, including professional costs of the Attorney-at-Law / Advocates of the Promoter in connection with formation of the Association, and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance. All the expenses relating to conveyance or any other documents, to be executed, such as stamp duty, GST, LBC, registration fees and other incidentals etc. shall be borne and paid exclusively by the Allottee /Purchaser. 19. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER The Promoter hereby represents and warrants to the Allottee /Purchaser as follows: i The Promoter has clear and marketable title with respect to the this '‘HARI PRAYAG RESIDENCY ( Project-1)" as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the this '‘HARI PRAYAG RESIDENCY ( Project-1)" and also has actual, physical and legal possession of the this '‘HARI PRAYAG RESIDENCY ( Project-1)" for the implementation of the Project; ii. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the project; 29 iii. There are no encumbrances upon the this '‘HARI PRAYAG RESIDENCY (Project-1)" land. iv. There are no litigations pending before any Court of law with respect to the this '‘HARI PRAYAG RESIDENCY ( Project-1)" land. v. All approvals, licenses and permits issued by the competent authorities with respect to the this '‘HARI PRAYAG RESIDENCY ( Project-1)"’ and said building are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the this '‘HARI PRAYAG RESIDENCY ( Project-1)"’ and building 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 "A", Building and common areas, in this '‘HARI PRAYAG RESIDENCY ( Project-1)" vi. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee /Purchaser created herein, may prejudicially be affected; vii. The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the this '‘HARI PRAYAG RESIDENCY ( Project-1)" , including the said Project and the said Apartment which will, in any manner, affect the rights of Allottee /Purchaser under this Agreement; viii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee /Purchaser in the manner contemplated in this Agreement; ix. At the time of execution of the conveyance deed of the structure to the Allottee /Purchasers the Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure of ‘'A" building and other buildings in this '‘HARI PRAYAG RESIDENCY ( Project-1)" to the Association of the Allottee /Purchasers; x. The Promoter has duly paid and shall continue to pay, subject to terms mentioned hereinabove, and discharge undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other 30 outgoings, whatsoever, payable with respect to the said project to the competent Authorities, till obtaining completion / occupancy certificate of the building. xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the this '‘HARI PRAYAG RESIDENCY ( Project-1)" has been received or served upon the Promoter in respect of the this '‘HARI PRAYAG RESIDENCY ( Project-1)" At any stage during the implementation of the scheme the Promoter shall be at liberty to sell, assign or transfer or enter into joint venture / partnership or mortgage or demerge or convert itself to another entity having different name or otherwise deal with its title and interest in the said land and buildings to be constructed without affecting the rights granted in favour of the Allottee /Purchaser in respect of the apartment agreed to be purchased by him as per the terms of the Agreements. The Allottee /Purchaser has hereby given his irrevocable consent therefor. 20. COVENANTS AS TO USE OF THE SAID APARTMENT : The Allottee /Purchaser/s himself/herself/themselves with intention to bring all persons into whosoever hands the said Apartment may come, hereby covenants with the Promoter as follows for the said Apartment and also for the building in which the said Apartment is situated - i. To maintain the Apartment at the Allottee /Purchasers 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. ii. 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 31 building in which the Apartment is situated or the Apartment on account of negligence or default of the Allottee /Purchaser in this behalf, the Allottee /Purchaser shall be liable for the consequences of the breach. The Allottee /Purchaser will not utilize common area, passage area, ducting, common terrace, parking etc. for any kind of storage purpose which may or may not create obstructions to other Allottee /Purchasers. iii. To carry out at his own cost, time to time, 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 /Purchaser 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 /Purchaser committing any act in contravention of the above provision, the Allottee /Purchaser shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. iv. Not to demolish or cause to be demolished the 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, Pardis or other structural members in the Apartment without the prior written permission of the Promoter and/or the Association. After possession of the said apartment the Allottee /Purchaser / Association has / have agreed to carry out regular and periodical inspection of the structure, beams, columns, projections, drainage lines, water lines, electrical lines, lifts, power back up, pumps etc. and to carry out timely, necessary repairs as and when required. The Allottee /Purchaser shall abide with the conditions, warranties mentioned in the contracts with the vendors, failure of which the Allottee /Purchaser shall solely be responsible regarding the same. After receipt of the completion certificate from the Aurangabad Municipal Corporation, the Promoters role and responsibility shall become ineffective in case of any addition and/or alteration to the apartment/building is done by the Allottee /Purchaser, any damage caused to the building/s by accident, any tampering with the geometrical section/s of all the buildings for any purpose whatsoever, any overloading of the building/s, lack of 32 maintenance by the Allottee /Purchaser/s association, any event of force majeure, act of God, any natural calamity or manmade occurrences which could not have been envisaged while designing the building/s for which the building is not designed, any act that is detrimental to the building as a whole, failure to communicate to the concerned authorities about deformities in time. v. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the this '‘HARI PRAYAG RESIDENCY ( Project-1)" and this '‘HARI PRAYAG RESIDENCY ( Project-2)" 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. vi. 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 this '‘HARI PRAYAG RESIDENCY ( Project-1)" or this '‘HARI PRAYAG RESIDENCY ( Project-2)" and the building in which the Apartment is situated. vii. Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Apartment is situated. viii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local authority and/or Government and/or other public authority, on account of change of user of the Apartment by the Allottee /Purchaser for any purposes other than for purpose for which it is sold. ix. The Allottee /Purchaser 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 /Purchaser to the Promoter under this Agreement are fully paid up, and until the fulfilment of the terms of the agreement. 33 x. The Allottee /Purchaser 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 concerned local authority and of Government and other public bodies. The Allottee /Purchaser 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. The Allottee /Purchaser/s shall not be entitled to claim possession of the said apartment until the completion certificate in respect of the said Apartment is received from Aurangabad Municipal Corporation and the Allottee /Purchaser pays all dues payable under this agreement in respect of the said apartment to the Promoter and has paid the necessary deposits, maintenance amount / deposit, service tax, VAT, GST (CGST, SGST, IGST), and other taxes, cess, charges etc payable under this agreement of the said apartment to the Promoters and signed the possession documents, bonds, receipts, etc. xi. Till a conveyance of the this '‘HARI PRAYAG RESIDENCY ( Project-1)" on which the building in which Apartment is situated is executed in favour of Association, the Allottee /Purchaser shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the this '‘HARI PRAYAG RESIDENCY ( Project-1)" in any building or any part thereof to view and examine the state and condition thereof. xii. Not to obstruct the construction and development work of the Promoter in the entire project at any time for any reason and in any way. xiii. Till a separate electric meter or a water meter is installed/allotted by the M.S.E.D.C.L./A.M.C., the Allottee /Purchaser herein hereby agrees to bear and pay punctually the amounts and charges of the common electric and water meter and also the expenses for the maintenance of the common areas and common facilities in proportion to the area of his/her apartment/unit. The Allottee /Purchaser is made aware that such charges are normally more than regular charges as same being considered as commercial use. 34 xiv. If after delivery of possession of the said apartment/unit, the Promoter or Association is required to carry out repairs including for stopping leakage of water in the toilet, then the Allottee /Purchaser herein shall permit the Promoter or Association as the case may be to carry out such repairs without delay and shall give required help therefor. If such leakage is due to alterations made by the Allottee /Purchaser or due to negligence of the Allottee /Purchaser or any other reason, for which the Promoter is not responsible, and written in this agreement, then the Allottee /Purchaser shall be liable to carry out the said repairs and pay cost therefor. xv. The Allottee /Purchaser/s shall keep the facade and outer surfaces of the building in the same condition and maintain the same to the extent of his/her apartment/unit. Allottee /Purchaser/s shall not do or cause to be done or abstain from doing any act which will affect the beauty, grandeur and peace of the building. The Allottee /Purchaser/s shall not cause any nuisance to other Allottee /Purchasers and occupiers and Promoter in any manner whatever. xvi. The Allottee /Purchaser/s shall not enclose the terraces adjacent to the apartments in any manner. xvii. The Allottee /Purchaser/s shall not use elevator for transportation of material to be taken for the purpose of any work by the Allottee /Purchaser or his workers appointed. xviii. The Allottee /Purchaser shall not erect dish or other antennae outside the Apartment / building, for his own. He/she/they shall use the common dish for television, and the DTH service provider will be decided by the Promoter only. xix. After Possession, the Allottee /Purchaser shall fully insure the said apartment at his / her own cost with any insurance company and the Association shall insure the entire building. xx. The Allottee /Purchaser shall use the Apartment or any part thereof or permit the same to be used only for purpose of residence. He shall use the garage or parking space only for purpose of keeping or parking vehicle. The Allottee /Purchaser shall not object for the walking of the other Allottee /Purchasers through parking area and also shall not object for the overhead or underground pipelines, cables, chambers etc. running through the parking used by him/her or even otherwise and shall not take objections in future for the maintenance for the said lines and cables. 35 21. SEPARATE ACCOUNT FOR SUM RECEIVED : The Promoter shall maintain a separate account in respect of sums if received by the Promoter from the Allottee /Purchaser as advance or deposit, sums received on account of the share capital for the promotion of the Association towards the outgoings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 22. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Apartments Building or any part thereof. The Allottee /Purchaser shall have no claim save and except in respect of the Apartment hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoter until it is transferred to the Association / Apex Body as hereinbefore mentioned. 23. Any delay tolerated or indulgence shown or omission on the part of the Promoter in enforcing the terms of this agreement or any forbearance or giving of time to the Allottee /Purchaser/s by the Promoter shall not be construed as the waiver on the part of the Promoter of any breach or non-compliance of any of the terms and conditions of this agreement by the Allottee /Purchaser/s nor shall the same in any manner prejudice the rights of the Promoter. 24. NAME OF THE PROJECT / BUILDING : The name of the project on entire land shall be '‘HARI PRAYAG RESIDENCY ( Project-1)" and '‘HARI PRAYAG RESIDENCY ( Project-2)" and the name of the building on the said '‘HARI PRAYAG RESIDENCY ( Project-1)" is Building "A" as per sanctioned layout, All these names shall not be changed at any time. The name of the Common Association and buildings of this and other projects shall be decided by the Promoter PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE /PURCHASER/ SUBSEQUENT ALLOTTEE /PURCHASER: 25. The apartment/unit Allottee /Purchasers hereby agree and irrevocably empower the Promoter and anyone of its Partner as power of attorney holder of the apartment/unit Allottee /Purchaser to execute any document, letter etc. thereby permitting the Promoter to utilize balance or additional FSI of the said entire land and TDR, paid FSI, premium FSI, or FSI obtained in any form and for the said purpose to revise the layout and building plans from time to time, to avail of any benefits, to obtain FSI and get the building plan sanctioned, to give consent to the draft of deed of declaration and deed of apartment and to 36 execute the declaration therefore, to register the above documents, to and generally to do all acts, deeds and things by signature or otherwise for carrying out the said scheme at the discretion of the Promoter. 26. The Allottee /Purchaser has been made aware that as per AMC rules the Allottee /Purchasers of the project will be liable to undertake maintenance of the Sewage Treatment Plant and Organic Waste Composter at their cost. The Allottee /Purchaser/s and/or its Association shall also be liable to get the license of the Maharashtra Pollution Control Board renewed from time to time and to pay requisite charges for the same, from the date of Occupancy Certificate of the building. 27. Before delivery of possession of the said Apartment the Allottee /Purchaser shall get satisfied himself/herself/themselves about the correctness of the carpet area of the said Apartment and about the quality of construction work and specifications/amenities provided in the apartment, building & project. After delivery of possession the Allottee /Purchaser shall not be entitled to make any complaint therefore and all the rights regarding the same shall be deemed to have been waived. 28. After the possession of the apartment/premises/building is handed over or after getting the completion certificate of the building by concerned local authority if any work thereafter is required to be carried out by the Government or Corporation or any statutory authority, the same shall be carried out by the Allottee /Purchaser in co-operation with the Allottee /Purchasers of the other apartments in the said building at their own costs and the Promoter shall not be in any manner liable or responsible for the same. 29. The Allottee /Purchaser has hereby irrevocably authorized and empowered the Promoter to prepare the revised layout and building plans of the entire land and to submit the same to the requisite authorities and obtain their sanction, to revise the plans time to time as required and for the said purposes to sign all plans, applications, statements, consents etc. without in any manner making the Allottee /Purchaser liable for any costs. It is made clear that no other specific permission/authority is required from the said Allottee /Purchaser/association for this purpose. 30. It is also understood and agreed by and between the parties hereto that part portion of the terrace space above the said building shall be common for the use of all the Allottee /Purchasers and the remaining part portion of the said terrace will be used for solar purpose etc. 37 31. It is specifically agreed between the Parties hereto that even if before completion of the entire scheme or sale of all apartments/units, should the Association be registered/formed and or conveyance is executed, then for the unsold apartments the Promoter herein shall not be liable or required to pay any transfer fee, entrance fee, or any fee or charges under any head and also shall and will not be liable or require to contribute towards the common expenses/outgoings/maintenance charges or any amount under any head towards the share in common expenses in respect of the unsold apartments. Also the Allottee /Purchasers of such apartments shall be liable to pay outgoings/maintenance from the date of allotment and delivery of possession. 32. The Allottee /Purchaser hereby irrevocably authorizes & empowers the Promoter to represent him by executing such documents and forms as may be found necessary, for procuring electricity connection and meter from the MSEB/MSEDCL, water connection from AMC, municipal property tax assessment and re-assessment, for the said apartment in the name of the Allottee /Purchaser, and for such other record as may be found required to be in the name of the Allottee /Purchaser, before the concerned authorities and the decisions taken by the Promoter in this regard shall be binding on the Allottee /Purchaser. The Promoter shall till the execution of the final conveyance represent the Allottee /Purchaser by signature or otherwise to do all the necessary things/acts in all the departments of the A.M.C., Collectorate, Road, Water, Building Tax assessment, Government and Semi-Government departments, MSEB/MSEDCL, ULC official, Environment, pollution board, Corporation etc. and the same shall stand ratified and confirmed by the Allottee /Purchaser herein. 33. If an Allottee /Purchaser is availing of a loan, he/she may obtain the loan for payment of the consideration agreed hereunder at his/her own costs and risk and the Promoter shall not be liable for the same. However the Promoter will render required help to the Allottee /Purchaser for the above purpose. The help given by the Promoter as above shall not be construed as right of the Allottee /Purchaser and delay or default for the said reason shall be considered as a default in payment of the consideration by the Allottee /Purchaser. Any communication by the Allottee /Purchaser to be made shall be made in writing (hard copy). 34. The Promoter will be applying to the concerned authorities for giving separate water connection for the building/s and electricity meters and connections for the apartment of the Allottee /Purchaser/s. If there is a delay in obtaining the water and electricity connections from the concerned departments after obtaining occupancy certificate, then in that case until the conveyance, the Promoter shall help the Allottee 38 /Purchasers and their organization for providing required quantity of water by purchasing the same (at the cost of Allottee /Purchaser) from the market as per availability, the Promoter may provide electrical connections/water supply at the cost of the Allottee /Purchaser through any other temporary arrangement due to which if there is improper/ insufficient/irregular supply of water/electricity, the Promoter shall not be held responsible for the same and the Allottee /Purchaser hereby consents for any temporary arrangement that may be made in the said interim period. All costs therefore shall be borne by the Allottee /Purchasers and their organization and Promoter shall not be liable to bear the costs thereof. In this respect the role of the Promoter shall be of giving required help and making adequate arrangements at the cost of Allottee /Purchaser/s. The Allottee /Purchaser/s has agreed not to raise any complaint regarding the same against the Promoter and the Promoter has executed this agreement relying upon the said assurance given by the Allottee /Purchaser for himself/herself/themselves and as a member of the proposed organization / association. The Allottee /Purchaser shall pay for the proportionate charges of such arrangement as demanded, determined and decided by the Promoter (and service tax, GST – CGST, SGST IGST, and any tax if applicable thereon). Until receipt of this amount from the Allottee /Purchaser, the Promoter shall be entitled to temporarily deduct any dues of such proportion or entire charges payable by the Allottee /Purchaser for the above from the outgoings/maintenance charges for which the Allottee /Purchaser hereby gives his/her consents. The Promoter is entitled to demand charges for such temporarily arrangement in advance, for 12 months, on giving possession of the said apartment. 35. Any deduction of an amount made by the Allottee /Purchaser/s on account of Tax Deducted at Source (TDS) as may be required under the law (as per the provisions of the Income Tax Act 1961) for the time being in force while making any payment to the Promoters under this Agreement shall be deemed to have been paid by the Allottee /Purchaser/s and received by the Promoter and acknowledged / credited by the Promoter, only upon Allottee /Purchaser/s submitting original tax deducted at source certificate and the amount mentioned in the certificate is matching with the Annual Tax Credit Statement in form 26AS on the Income Tax Department site. The Allottee /Purchaser shall submit the said certificate to the Promoter before taking the possession of the said apartment/unit or earlier when demanded by Promoter. The Allottee /Purchaser is well-aware and understands that this is his own sole responsibility and should do as aforesaid within the stipulated time. 39 36. The Allottee /Purchaser has read and understood all the terms and conditions of all the agreements, documents, various permissions, NOC’s, indemnity bonds, undertakings etc. with the Collector, Corporation or MSEDCL, MP Board, Government, or any other sanctioning person/authority etc. The Allottee /Purchaser agrees that this agreement is subject to the said terms and the concerned terms are binding on him/her/them. 37. The Promoter has not undertaken any responsibility nor has he agreed anything with the Allottee /Purchaser/s orally or otherwise and there is no implied agreement or covenant on the part of the Promoter and the owner/s other than the terms and conditions expressly provided under this agreement. 38. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoter executes this Agreement he shall not mortgage or create a charge on the Apartment /Flat/Shop and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the Allottee /Purchaser who has taken or agreed to take such Apartment Flat/Shop. 39. BINDING EFFECT Forwarding this Agreement to the Allottee /Purchaser by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee /Purchaser until, firstly, the Allottee /Purchaser signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee /Purchaser and secondly, appears for registration of the same before the concerned Sub- Registrar as and when intimated by the Promoter. If the Allottee /Purchaser(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee /Purchaser and/or appear before the Sub- Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee /Purchaser for rectifying the default, which if not rectified within 15 (fifteen) days from the date of its receipt by the Allottee /Purchaser, application of the Allottee /Purchaser shall be treated as cancelled and all sums deposited by the Allottee /Purchaser in connection therewith including the booking amount shall be returned to the Allottee /Purchaser without any interest or compensation whatsoever. 40. ENTIRE AGREEMENT 40 This Agreement, along with its schedules and annexures, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said apartment/building, as the case may be. 41. RIGHT TO AMEND This Agreement may only be amended through written consent of the Parties. Without specific prejudice caused to the Allottee /Purchaser, the Allottee /Purchaser has agreed to give unconditional consent to amend the agreement thereby amending time schedule for completion of project, amenities, nature of organization to be formed. 42. PROVISIONS OF THIS AGREEMENT APPLICABLE TO ALLOTTEE /PURCHASER / SUBSEQUENT ALLOTTEE /PURCHASERS It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Project shall equally be applicable to and enforceable against any subsequent Allottee /Purchasers of the Apartment, in case of a transfer, as the said obligations go along with the Apartment for all intents and purposes. 43. SEVERABILITY If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder or under other applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and Regulations made thereunder or the applicable law, as the case may be, and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 44. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT 41 Wherever in this Agreement it is stipulated that the Allottee /Purchaser has to make any payment, in common with other Allottee /Purchaser(s) in Project, the same shall be in proportion to the carpet area of the Apartment to the total carpet area of all the Apartments in the Project. 45. FURTHER ASSURANCES Both Parties agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as may be reasonably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 46. PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the Promoter’s Office, or at some other place, which may be mutually agreed between the Promoter and the Allottee /Purchaser, in Aurangabad after the Agreement is duly executed by the Allottee /Purchaser 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. 47. The Allottee /Purchaser and/or Promoter shall present this Agreement at the proper registration office of registration within the time limit prescribed by the Registration Act and the Promoter will attend such office and admit execution thereof. Before the registration of the document at the Office of the Sub-Registrar’s Aurangabad, the Allottee /Purchaser/s shall carefully check and verify the contents of the documents, his/her name, address, I.T. PAN Nos., the said apartment details etc. to be appeared in the Index II. The Allottee /Purchaser shall solely be responsible for the same and in the event of any mistake occurred thereafter will be resolved by the Allottee /Purchaser at his/her/their own cost. 48. That all notices to be served on the Allottee /Purchaser and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee /Purchaser or the Promoter by Registered Post A.D and/or notified Email 42 ID/Under Certificate of Posting at their respective addresses at his/her/their address/es specified in the title of this Agreement. It shall be the duty of the Allottee /Purchaser 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 /Purchaser, as the case may be. 49. JOINT ALLOTTEE /PURCHASERS That in case there are Joint Allottee /Purchasers all communications shall be sent by the Promoter to the Allottee /Purchaser 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 Allottee /Purchasers. 50. The Allottee /Purchaser declares that he/she/they has/have carefully read this agreement and fully understood it and agreed to the contents of this agreement and assured that he/she/they shall abide by all the terms and conditions of this agreement and is aware that only thereupon this written agreement has been executed. 51. In this agreement, singular shall include plural and vice versa, the masculine, feminine, and neutral genders shall, wherever the context do requires, include the other. 52. It is hereby made clear that whatsoever is mentioned above in this agreement, relates to Apartment /Flat/Shop no. ‘ ---------’ only. Hence Allottee /Purchaser has no right etc. on the land of entire land except the said apartment/Flat/Shop no ‘----------’ . Promoter has the right and freedom to change planning etc except apartment/Flat/Shop no ...... in this '‘HARI PRAYAG RESIDENCY ( Project-1)" and the '‘HARI PRAYAG RESIDENCY ( Project-2)" land. 53. DISPUTE RESOLUTION: - Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 54. GOVERNING LAWS APPLICABLE 43 That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force and the Aurangabad courts will have the jurisdiction for this Agreement This agreement shall always be subject to the provisions of the Maharashtra Ownership Flats Act, 1963, OR the Maharashtra Housing (Regulation & Development) Act 2012 and/or the Maharashtra Apartments Ownership Act, 1970 and/or the Maharashtra Cooperative Societies Act 1963 the rules made there under from time to time, as the case may be. The consideration of the Said Flat as agreed between the Promoter and the Purchaser/s herein is as per the prevailing market rate in the subject locality, which is the true and fair market value of the Said flat. This agreement is executed by the parties hereto under the Maharashtra Ownership Flats Act, 1963 and also Maharashtra Apartment Ownership Act 1970, OR the Maharashtra Housing (Regulation & Development) Act 2012. And stamp duty for this transaction is payable as per the Bombay Stamp Act, 1958, Schedule - 1, Article 25 (d). The Flat Purchaser/s herein has/have paid stamp duty of Rs.……………/- along with appropriate registration fees herewith. The parties hereto shall be entitled to get the aforesaid stamp duty and registration fee adjusted against the stamp duty and registration fee payable on the conveyance, which is to be executed by the conveyance the same shall be paid by the Flat Purchaser. It is further agreed that, if any Sales Tax / SGST, Work Contract Tax, Service Tax / CGST/ IGST, Value Added Tax, Local Body Tax or any other charges become payable on this agreement, the same shall be borne and paid by the Flat Purchaser/s alone. SCHEDULE “A” Description of the freehold land and all other details: All that piece and parcel of land and ground situated within the Registration, Sub- District, Taluka and Dist. Aurangabad and situated within the limits of Aurangabad Municipal Corporation being the portion of land out of Gut No.77(part), Mouje Satara, Tq. & Dist. Aurangabad called as entire land admeasuring 8500 sq.mtrs. of the this '‘HARI PRAYAG RESIDENCY ( Project-1)" and '‘HARI PRAYAG RESIDENCY ( Project-2)" as shown in the plan annexed, and bounded as below: 44 On or towards the East:- remaining land of gut no 77 On or towards the West: Gut NO 3 On or towards the North: remaining land of gut no 77 On or towards the South: 15m wide DP Road SCHEDULE “B” Description of the '‘HARI PRAYAG RESIDENCY ( Project-1)" (which is subject matter of this agreement): All that piece and parcel of land and ground situated within the Registration, Sub- District, Taluka/ Dist. Aurangabad and situated within the limits of Aurangabad Municipal Corporation being the portion of land out of Gut. 77(part), Mouje Satara Tq, & Dist, Aurangabad called as '‘HARI PRAYAG RESIDENCY ( Project-1)", admeasuring 3900 sq.mtrs. out of total area of 8500 Sq.mtrs. as shown in the plan annexed, and bounded as below: On or towards the East:- remaining land of gut no 77 On or towards the West: Common Road and '‘HARI PRAYAG RESIDENCY (Project-2)", On or towards the North: remaining land of gut no 77 On or towards the South: 15m wide DP Road SCHEDULE “C” Apartment /FLAT /SHOP No. ______ of carpet area admeasuring ________ sq. mtrs. on ______ floor in the "A" Building of '‘HARI PRAYAG RESIDENCY ( Project- 1)" along with usable floor area of enclosed balcony admeasuring ______ sq.mtrs. usable floor area of exclusive open balcony admeasuring ______ sq.mtrs., usable floor area of enclosed box admeasuring ______ sq.mtrs.and usable floor area of exclusive open terrace area admeasuring ________ sq.mtrs. making a total usable floor area including the carpet area of _________ sq.mtrs. with covered parking space bearing number _____situated at parking floor, to be constructed upon the the "A" Building of '‘HARI PRAYAG RESIDENCY ( Project-1)" described in Schedule above. The said Apartment /Flat / Shop is more particularly shown in the plan hereto annexed as Annexure F in Red colour boundary line. The said apartment /Flat/ Shop is bounded by as below 45 On or towards the East:- On or towards the West: On or towards the North: On or towards the South: SCHEDULE “D” COMMON AREAS AND FACILITIES COMMON AMONG FLATS/ UNITS IN BUILDING NO. "A" 1. The common walls of flat/shop described above in Schedule C. 2. Staircase, passages, entrance lobby, refuge area and lifts in the building. 3. Common drainage, storm water drains , fire fighting, water and electrical lines. 4. Common overhead water tank. 5. Internal driveway /road/ with street lights 6. Common electrical meter/s , common CCTV in common areas, battery back ups Schedule “E” COMMON AREA AND FACILITIES COMMON AMONGST ALL THE BUILDINGS/ ASSOCIATIONS IN THE ENTIRE PROJECT: 1. Open Space/s with facilities like common hall, lawn, tree plantations , mini gymnasium, indoor games, children play area, outdoor games area etc. 2. STP, OWT, UGWT, Common Genset, Rain Water Harvesting Pits 3. Underground water tank, Pump rooms, security cabins 4. Common drainage, storm water and transformer/s, electrical lines lying for all the project/s in the layout. 5. Compound wall, entrance and exit gates, secuity cabins and security systems if any. SIGNED AND DELIVERED BY THE WITHIN NAMED OWNERS / Co-Promoter 46 Signature L.H. Thumb Photograph Impression 1. MR. NIKHIL PRAFUL JEDHE By and through their duly constituted attorney Marathwada Constructions Pvt Ltd Through its Director Mr. Pramod Hari Khairnar Promoter Signature L.H. Thumb Photograph Impression Marathwada Constructions Pvt Ltd Through its Director By and through their duly constituted signing Authority Mr. Pramod Hari Khairnar In presence of 47 1 Name: Address: Signature: 2 Name : Address: Signature: ANNEXURE A Property Card/7/12 extract/Revenue Record ANNEXURE B Certificate of Title ANNEXURE C-1 Commencement Certificate ANNEXURE C-2 Layout Plan ANNEXURE C-3 Detail plan of flat ANNEXURE D (Specifications and Amenities) 48 ANNEXURE E Details of Fixtures & Fittings ANNEXURE F Registration Certificate of the Project granted by RERA RECEIPT Received of and from the Allottee above named, the sum of Rs. …../- (Rupees ……………………….Only) on execution of this Agreement towards Earnest Money Deposit or Application Fee. I say received. The Developer/Owner 49 Powered by TCPDF (www.tcpdf.org)