Market Value: Rs.000/- Agreed Value: Rs.000/- Stamp Rs. : Rs.000/- Regfee : Rs.000/- Zone : 3.9 AGREEMENT FOR SALE This agreement is made and executed at Igatpuri on this ____th day of ___2017. BETWEEN M/s. NEW STEP VENTURES A partnership firm carrying on business of building construction and land development having office at: Kamal Niwas, Bhandardara Road, A/P- Ghoti, Tal-Igatpuri, Dist-Nashik through its partner- 1] Mr. Virendra Vijaysingh Pardeshi, Age - 35 years, Occupation- Business, Contact No. 9822350150 PAN: AAGFN5707R Resident at- Kamal Niwas, Bhandardara Road, A/P- Ghoti, Tal-Igatpuri, Dist-Nashik. Hereinafter referred to as THE VENDORS/DEVELPOERS, (which expression shall unless repugnant to the context, mean and include their heirs, executors, administrators and assigns) THE PARTY OF THE ONE PART; AND 1] Mr……. Age – , Occupation – . Contact No. PAN: Resident of. Hereinafter referred to as THE PURCHASERS, (which expression shall unless repugnant to the context, mean and include their heirs, executors, administrators, and assigns) THE PARTY OF THE SECOND PART; AND M/S.SHRUSTI LANDMARK & RESORT PVT.LTD, TROUGH IT’S DIRECTOR MR.GOPAL BABURAO PATIL A Pvt. Ltd. firm registered under the company act Having office at -15 Union Bank Colony, Rajiv Nagar, CIDCO, Nashik. Through it’s G.P.A. Holder 1] Mr. Virendra Vijaysingh Pardeshi, Age - 35 years, Occupation- Business, Resident at- Kamal Niwas, Bhandardara Road, A/P- Ghoti, Tal-Igatpuri, Dist.-Nashik Hereinafter referred to as THE OWNER/CONFIRMING PARTY, (which expression shall unless repugnant to the context, mean and include their heirs, executors, administrators and assigns) THE PARTY OF THE ANOTHER PART; WHEREAS The Vendor are seized and possessed of and otherwise entitled to and has been the absolute power to develop the property situate within the limits of Revenue Village Talegaon (B), Taluka - Igatpuri, District Nashik bearing Plot No. 1 to 6 out of Revenue Gat No. 291 admeasuring 22398 sq. mtrs. More particularly described in the schedule written herein below and hereinafter referred to as "the said property". AND WHEREAS The aforesaid property is the non-agricultural land and the Assignors have been enjoying the actual, physical and vacant possession of the said property as the developer thereof. AND WHEREAS M/s. New Step Ventures' is the partnership firm, (hereinafter referred as 'the said firm'). The said firm acquired the entire development rights in the said property by virtue of Development Agreement and Powers Of Attorney dated 5/4/2007 vide its registration no. 647 and 648. The said documents has been executed by the M/s. Shrusti Landmark and Resorts Pvt. Ltd (herein after referred as the land owners) the land owner of the said property in favor of the said firm .The land owners also handover the physical, vacant and peaceful possession of the said property to the said firm. The said firm has entire rights, title and interest in the said property. As per the said Development Agreement the Said firm acquired the entire right to develop and construct various premises upon the said property. The Said firm has exclusive rights to erect structure upon the said property as per the sanctioned Building Plan. The Chief Officer, Igatpuri Municipal Council has issued Sanction of Building Permit and Commencement Certificate no. INP/PWD/25/07 dated 4/9/2007 which is prepared for the various type of premises in the aforesaid property by the Said firm as the Developer of the said property. Initially there were nine partners in the said firm, out of the said nine partners Mr. Ravindra K. Parekh & 6 were retired & Mr. Sarang Narayan Wagh had become a new partner in the said firm by virtue of Deed of admission cum retirement executed on 29th January 2008 and thereafter the retire partners transfer there proportionate rights in favor of the Said firm and executed a deed of transfer of development rights in favor of the present partners of the said firm. The said deed of transfer of development rights has been registered before the Sub registrar Igatpuri vide its registration no 258/2008. The Deed of Understanding and Confirmation has been executed by the present owner in favour of present Developer Firm and the said Deed has been registered before the Sub registrar Igatpuri at Sr. No. 1200 dt. 13/5/2008. The certain terms regarding the completion of construction work and other related things were revised by the consent of present owner. The Developer submitted the revised Building plan which has been sanctioned by the Chief Officer Igatpuri Municipal Council vide its letter no. 3472-INP/PWD/BP/45/10 DT. 12/2/2010. Out of the three partners of the firm two partners namely Mr. Sarang Narayan Wagh & Mr. Chitrasen Subhash Gujar were retired & Mrs. Neha Virendra Pardeshi was admitted as a new partner in the said firm by virtue of Deed of admission cum retirement dated 01.04.2015 and the said Deed has been registered before the Advocate and Notary Mr. K.D. Patil, vide its registration no. 221/F/1. As mentioned above the Developer had agreed to give Constructed premises to the land owner against the consideration of the said Development Agreement & the developer has already handed over the constructed premises as agreed, as per the terms & conditions of the development agreement. The Occupancy certificate has been issued by the Town Planning Authority of Igatpuri Municipal Council vide its letter no. 924/14 DT. 09/01/2014. No premises remain pending to transfer in the name of land owner i.e. M/S. Shrushti Landmark & resort pvt. Ltd. After completion of entire construction work, the land owner & the developer finalized their accounts & handed over the constructed premises to the concern parties. The developer & land owner mutually agreed to add fsi available as per the rules of town planning authority and as per the mutual terms new revised plan submitted by the developer before the competent authority & the said new revised plan sanctioned by the concerned authority vide its commencement certificate no.RBP/03/2015 Dated-29/07/2015. After getting sanction of new revised plan both the parties entered into deed of understanding & confirmation. The said deed has been registered before the sub registrar ofIgatpuri vide its registration no.1679/2016 dated- 24/06/2016. As per the clause no. B & C of the said deed of understanding & confirmation the said firm has right to construct non- utilized fsii.e, 37492 sq.ft. & their share in newly added fsi i.e. 38939 sq.ft. Accumulating to a total of 76431 sq.ft. The said firm expressly agreed that they shall construct the said newly added fsi themselves& all the expenses for the same shall be borne by themselves individually. As per the settlement regarding the distribution of newly constructed premises between said firm & the owner. The said premises comes into the share of said firm. Hence the said firm has entire rights title & interest in the said premises & have right to sale / transfer the said premises. AND WHEREAS The Collector of Nasik had already issued non-Agricultural permission vide its order no. RBD/III/LNA/SR.447/85 dated 10/2/1986. The title of aforesaid property is clear and marketable. AND WHEREAS As per the approved Building Plan and specification and standard norms, the Vendor has started the construction of work of Building. The Vendor decided to sell the said premises and enter into agreement of sale to the prospective purchaser at such price & the terms & conditions as the vendor may deem fit & sell the various premises (hereinafter referred to as 'the said premises') & to appropriate sale proceeds thereof. AND WHEREAS the said Vendor/s has accordingly commenced a Residential scheme/project known as "FOG CITY" a scheme of Residential Apartments & Bungalow Units on the said property pursuant to the plans duly sanctioned by the concerned local authority. AND WHEREAS the title of the said property has been certified by legal advisor of the said Developer/s i.e Adv. Pradeep G. Bhutada; AND WHEREAS the Developer herein has entered into standard agreement with Architect M/S. The designers’ Collective duly registered with the Council of Architects. AND WHEREAS the said Developer has agreed to sell and the Purchaser/s has/have agreed to purchase a Flat/Bungalow No.____ on the ____ Floor in ___ Type Building as per the booking plan which is made on the basis of the sanctioned building plans of Igatpuri Municipal Council as stated herein above in the said building (hereinafter referred to as the said "Flat / Bungalow") more particularly described in Schedule A appearing hereafter, on ownership basis for the price & on the terms & conditions hereinafter appearing; AND WHEREAS the Purchaser/s confirm/s that the said Developers have given inspection of originals of all the aforesaid documents as well as all necessary information promptly to the Purchaser/s prior to the date of entering into these presents AND WHEREAS the Purchaser/s is/are aware of the fact that the said Developer/s has/have entered into or will enter into similar and/or separate agreement/s with several other person/s and party/ies in respect of other flats/Bungalow in the said building on the said property; AND WHEREAS relying on the Purchaser/s representation and assurance, the said Developer/s herein has agreed to sell and the Purchaser/s herein has agreed to purchase a Bungalow more particularly described in Schedule A hereunder and as delineated and identified in Schedule B and Annexure D hereunder at or for the total consideration as detailed and hereunder written. AND WHEREAS relying upon the said request, the said Developer/s agreed to sell to the Purchaser/s the said Bungalow for the price and on the terms & conditions hereinafter appearing; AND WHEREAS as per statutory requirements, the Promoter is required to execute a written Agreement for sale of said Apartment with the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Allottee hereby agrees to purchase the said Flat/ Bungalow and the garage/covered parking (if applicable). NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED, DECLARED AND RECORDED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. CONSTRUCTION AND DEVELOPMENT OF THE SAID PROPERTY. The Developer/s herein have commenced the construction work of the Building on the said First Schedule as per the layout plan approved under the project known under the name and style as "FOG CITY PAHSE II" which consist of Type A,B,C,D,E,F,G,H on the basis of approved plans and sanctions. The Developer herein is developing the said property in accordance with the plans, designs, specifications approved by the concerned Local Authority and which have been seen and approved by the Purchaser/s with only such variations and modifications as Developers may consider necessary or may be required and mandated by the concerned Local Authority. 2.CONSIDERATION A. Subject to the other terms and conditions herein and relying on the purchaser/s representation/s and assurance/s, the Developer herein has agreed to sell the Flat / Bungalow No. admeasuring Carpet Area ______ Square Feet i.e. ______ Square Meters together with Adjacent Terrace admeasuring area about Square Feet i.e. ________ Square Meters and / or Balcony admeasuring area about ________ Square Feet i.e. ________ Square Meters and / or garden admeasuring area about _______ Square Feet i.e. _______ Square Meters (as may be applicable to the transaction at hand), situated on ______ Floor, in building/Type "_____" in the Project named as "FOG CITY PAHSE II" being constructed on the said property more particularly described in First Schedule hereunder written and the Purchaser/s has/have agreed to purchase the same (hereinafter called and referred to as the 'Said Flat/Bungalow', for the sake of brevity and convenience which is more particularly described in Schedule A hereunder written) at or for total lumpsum consideration of Rs._________/- (Rupees ___________ Only) and this amount is inclusive of the price for the carpet area of the said flat and proportionate share in the common areas and amenities (the same being valued at Rs._____________/- from and out of the lump sum consideration herein above) but excluding all other expenses, charges and statutory separately mentioned herein below. B. The Allottee has paid on or before execution of this agreement a sum of Rs __________ (Rupees ________________________ only) (not exceeding 10% of the total consideration) as advance payment or application (booking) fee and hereby agrees to pay to that Promoter the balance amount of Rs............................ ( Rupees ......................................) in the following manner :- (the payment and receipt whereof the Developers do hereby admit and acknowledge). If applicable to the transaction envisaged herein, The Allottee hereby agrees to purchase from the Developer and the Developer hereby agrees to sell to the Allottee stilt /garage /covered/podium/ basement parking space/s bearing identification nos. ____ being constructed as per the layout and approved plans for the consideration of Rs. ____________/-. The total aggregate consideration amount for the apartment including covered parking spaces/garage is thus Rs.________/- C. The above mentioned price is a Flat price and the area mentioned is for the purpose of paying Stamp Duty as prescribed by the registration authorities and this is not a Sq. Ft. deal but a package deal and on the terms and conditions hereinafter appearing including price for proportionate of the common areas & facilities appurtenant to the said flat, the subject to the encumbrances of the limited areas & facilities but excluding all expenses of stamp duty and registration fees, Service Tax, Value Added Tax (VAT), Local Body Tax (LBT), Goods & Service Tax (GST), any other incidental and applicable Indirect Tax etc., which will have to be paid by the Purchaser/s to the Builder or concerned authority separately. D. The Purchaser/s herein shall pay the aforesaid agreed consideration to the Developer here in under terms of the deal arrived at between them in the manner as detailed hereunder: PAYMENT SCHEDULE On Agreement 20 % Rs. On Completion of Plinth 13 % Rs. On Completion of 1 slab st 5% Rs. On Completion of 2 slab ND 5% Rs. On Completion of 3RD slab 5% Rs. On Completion of 4 slab TH 5% Rs. On Completion of 5 slab TH 5% Rs. On Completion of 6TH slab 5% Rs. On or before Brick Work 5% Rs. On or before Internal Plaster 5% Rs. On or before Flooring 5% Rs. On or before Plumbing & 5% Rs. Electric Work On or before External Plaster & 5% Rs. Coloring On Fitting of doors windows & 5% Rs. sanitary wares On Installation of Lift 5% Rs. At the time of Possession of Flat 2% Rs. Grand Total 100% Rs. E. Apart from the above consideration amount the Purchaser/s herein has/have agreed to pay the necessary indirect taxes attracted by the said Agreement Value to the Developer herein. However if, anytime in future the Government of India implements Goods and Service Tax or any other incidental indirect / direct tax/es, then the Purchaser shall be liable to pay the Goods and Service Tax and or other taxes as per the prescribed rate notified by the said Government. The rates specified herein are as per the current prevailing rules prescribed by Government. However, the current rates may vary from time to time as per the notifications issued by the Government and the Purchaser/s shall pay the same accordingly. F. The Purchaser/s herein shall pay the aforesaid amount on the due date or within seven (7) days from the Developer giving the written intimation to the Purchaser/s calling upon the Purchaser/s to make the payment. It is hereby agreed that the time for payment as specified herein above is the essence of this contract and on failure of the Purchaser/s to pay the same on due dates, it shall be deemed that the Purchaser/s has/ have committed breach of this Agreement and in such case the Developer shall be entitled to take necessary action against the Purchaser/s under the provisions of law in this regard. The Purchaser/s agree/s not to question or challenge the said consideration, the same having been settled on lump sum basis after considering all aspects and other terms of the agreement. G. Payment of any installment if made in advance shall be adjusted to the installments as mentioned herein above. No interest shall be paid by the Developer for such advance payments made by the Purchaser/s or Housing Finance Companies/Banks, etc. H. The Developer shall confirm the final carpet area that has been allotted to the Purchaser/s after the construction of the Building is complete and the occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area, subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Developer. If there is any reduction in the carpet area within the defined limit then Developer shall refund the excess money paid by Purchaser/s within forty-five days with annual interest at the rate specified in the Rules framed under RERA from the date when such an excess amount was paid by the Purchaser/s. If there is any increase in the carpet area allotted to Purchaser/s, the Developer shall demand additional amount from the Purchaser/s as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in this Agreement. I. The Total price is escalation-free, save and except escalations 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 Developer undertakes and agrees that while raising a demand on the Purchaser/s for increase in development charges, cost or levies imposed by the competent authorities etc., the Developer shall enclose the said notification/order/rule/regulation published/issued in that behalf to that effect along with the demand letter being issued to the Purchaser, which shall only be applicable on subsequent payments. 3.MODE OF PAYMENT The Purchaser/s shall make all the payments by RTGS (IFSC CODE _______________, MICR _____________), demand draft or by local 'A/C Payee' cheques drawn in favour of ‘New Step Ventures’, ___________ Bank A/c No. __________________ ' payable at Ghoti or at par at these stations. Only after the Cheque/Demand Draft has been cleared and the amount has been credited to the Developer's banking account, the Developer shall give effect of the same to the account of the flat Purchaser/s with such amount after deducting the commission of the Bank, (if any) charged by the bank. 4. CONDITIONS OF SANCTIONING AUTHORITY It is hereby agreed that the Developer and the Purchaser/s shall observe and perform and comply with all terms and conditions, stipulations, restrictions, if any, which have been or which may be imposed by Local Authority at the time of sanctioning or revising the plans or any time thereafter and shall, before handing over possession of the said Flat to the Flat Purchaser/s, obtain from Local Authority Occupation and/or Completion Certificate in respect of the Flat. 5. DELAY IN PAYMENT Without prejudice to the right of the Developer to take action for breach arising out of delay in payment of the installments on the due dates and other expenses, the Purchaser/s shall be bound and liable to pay interest at the rate of 2% + prevailing highest MCLR rate of State Bank of India, on all the amounts which become due and payable by the Purchaser/s to the Developer till the date of actual payment. Provided that tender of the principle amounts and interest or tender of the interest and expenses thereof shall not itself be considered as waiver of the right of the Developer under this Agreement, nor shall it be construed as condonation of the delay by the Developer. 6. REVISED SANCTIONED BUILDING PLAN The Purchaser/s hereby give/s his/ her/ their irrevocable consent to the Developer herein to make such alteration, modifications, revision in the sanctioned plan/s of the said building/s as the Developer in its sole discretion thinks fit and proper provided the Developers has obtained consent from at least 2/3 rd Purchaser/s and/or such modifications, revisions and alterations which are necessary in pursuance of any law, rules, regulations, order, or request made by the Local Authority, Planning Authority, Competent Authority or Government or any officer of any local authority. 7. CALCULATION OF THE AREA OF THE FLAT The carpet area of the said Flat means the net usable floor area of the said Flat, excluding the area covered by the external walls, areas under services shafts (if any) and exclusive of attached terrace/balcony (if any) appurtenant to the said Flat for exclusive use of the Purchaser/s but includes the area covered by the internal partition walls of the Flat. Purchaser/s is aware that due to the skirting and variation in plaster, the carpet area varies. The variation may be approximately three percent. 8. USE OF SAID FLAT The Purchaser/s shall use the said Flat and every part thereof and/or permit the same to be used only for the purpose of Residence. 9. OBSERVATION OF CONDITIONS IMPOSED BY LOCAL AUTHORITY It is hereby agreed that subject to the terms of this Agreement, the Purchaser/s shall observe and perform and comply with all terms and conditions, stipulations, restrictions, if any, which have been or which may be imposed by the Local Authority, State and/or Central Government including Environment Department etc. at the time of sanctioning of the plans or at the time of granting Completion Certificate. The Purchaser/s shall not be entitled to claim possession of the said Flat until the Completion Certificate in respect of the said Flat is received from the Igatpuri Municipal Council / Local Authority and the Purchaser pays all dues, advances, deposits, etc. payable under this Agreement in respect of the said Flat to the Promoter and has signed the Possession documents, Bonds, Receipts, etc. After receipt of the Completion Certificate from Igatpuri Municipal Council / Local Authority the Promoter / Developer shall be free from any liability in case of any addition and/or alteration to the Flat/Building by the Purchaser/s, any damage to the building by accident, any tampering with the geometrical sections of the building, lack of maintenance by the Purchaser/s / Association, any event of force majeure and any Act of God. 10. POSSESSION OF THE SAID FLAT/BUNGALOW A. The Developers shall give possession to the Purchaser/s of Flat on or before____________(subject to issuance of Occupancy/Completion certificate from the concerned authority) and after receipt of final consideration amount along with all other amount such as Service Tax/ VAT/ GST, all statutory dues and taxes and Maintenance Charges etc. from the Purchaser/s. It is specifically understood between the parties hereunto that on the purchaser/s fulfilling his/ her/ their part of the agreement, the said possession shall be confirmed, on receipt of the Completion Certificate from the Local Authority. B. If the Developer fails to hand over the possession for the reasons beyond its control or within the extended period mentioned under applicable statute then the Developer shall be liable, on demand, to refund to the Purchaser/s the amount already received by the Developer in respect of the said flat with 2% + prevailing highest MCLR rate of State Bank of India, from the date the Developer received the said sum till the date the amount and interest is repaid. The said amount together with interest shall be refunded by the Developer to the Purchaser/s, within 45 days of such demand. However, the Purchaser/s shall have no charge on the said flat, of whatsoever nature. Provided that the Developer shall be entitled to reasonable extension of time for giving possession of the said flat by the aforesaid period, if the construction and completion of said flat or the said building/s in which the said flat is situated is delayed on account of : i) non-availability of steel and/or cement or any such building material or by reason of war, civil commotion or any Act of God or any prohibitory order of any Court against development of the said plot; or ii) any notices, orders, rules or notification of the Government and/or other public or Competent Authority; or iii) changes in any rules, regulation, bye-laws of various statutory bodies and authorities affecting the development and the project; or iv) delay in grant of any NOC / permission / license / connection for installation of any services, such as lifts, electricity and water connections and meters to the project/Bungalow/road or Completion Certificate from the appropriate authority; or v) Any stay or injunction order from any Court; or vi ) Pendency of any litigation; or vii) In case of delay or default in payment of dues by the Purchasers under these presents. C. Before delivery of possession of the said Flat, the Purchaser/s shall satisfy himself/herself/themselves about the correctness of area of the said Flat and about the quality of construction work and specifications/ amenities provided. Thereafter the Purchaser/s shall not be entitled to make any complaint in this particular regard and all the rights regarding the same shall be deemed to have been waived. The Purchaser/s after receiving the possession of the said Flat has to duly verify all that has been handed over in this regard and if any kind of defect in respect of Fixtures and fittings, FD Doors, Aluminium Windows, etc. is noticed in the said Flat, the Purchaser/s shall inform/intimate the Developer herein immediately and the Developer shall be the responsible to repair such defects at its own cost. The Developer shall ensure that the handover of possession is conducted smoothly and due acknowledgement in writing is taken from the Purchaser as to his/her/its satisfaction regarding the same. D. After the possession of the Flat/ Building is handed over, if any, work thereafter is required to be carried out by the Government or Municipality or any / Cantonment Board / Statutory Authority, the same shall be carried out by the Purchaser/s in co-operation with the other Purchaser/s of the Flats and /or the Ultimate Organization in the said Building/s at their own costs and the Developer shall not be in any manner liable or responsible for the same provided the Developer has duly discharged its duties in all aspects and that it is out of purview of Developers duties and responsibilities under these presents. E. The Developer shall give possession of the Said Flat to the Purchaser/s on or before the date prescribed herein above and on receiving all the dues payable by the Purchaser/s to the Developer, if any. The Purchaser/s hereby agrees and confirms that he/she/them does not have any objection with regard to receiving the possession of the Said Flat at such early date from the developer herein and, as such, hereby admits and undertakes to make payment of full consideration in respect of the Said Flat and all other amounts payable by the Purchaser/s in respect of the Said Flat at such early date, in the event the Developer is able to expedite the development of the Said Flat and handover the possession of the same at such early date. It is clarified that in the event the builder provides the possession of the Said Flat to the Purchaser/s at such early date, then such early date on which the Developer offers the possession of the Said Flat shall be construed as the possession date under this agreement and not otherwise. However, the Purchaser/s is/are well aware of the fact that regarding possession of the said Flat, if the Purchaser/s delays in acquiring possession for whatsoever reason, he/she/they shall be liable to pay interest/penalty in respect of handling charges amounting to a sum equivalent to balance (pending) consideration (if any) with interest thereupon together with actual maintenance charges incurred and the prevailing rental rate calculated on a per month basis for every delayed month. 11. TITLE A. The Developer has made full and true disclosure to the Purchaser/s of the title of the said Land as well as the encumbrances, presently known to the Developer. The Developer has also disclosed to the Purchaser/s nature of its right, title and interest to construct building/s and to develop the said land. The Developer has also given inspection of all the relevant documents as required by law. The Purchaser/s having acquainted himself/ herself/ themselves with all the facts and right of the Developer pertaining to the said Land has entered into this Agreement. B. The Developer herein has also requested the Purchaser/s to carry out its own search and to investigate the title of the said Land for that matter any other due diligence activity to be done on its own accord for which all necessary disclosure shall be provided by the Developer. The Purchaser/s hereinafter has/have investigated the title of the Developer to the said Land and after being completely satisfied has/have entered into the present Agreement. The Purchaser/s henceforth shall not be entitled to challenge or question the title and the right/ authority of the Developer in respect of the said land and to enter into this Agreement. The Purchaser/s hereby confirm that he/she/it/they have satisfied himself/herself/itself/themselves of the title to the said Flat/Bungalow and all incidental matters thereto: ............................................. (signature of Purchaser/s) 12. TAXES AND OTHER LEVIES A. The levies of any tax /duty / charges / premium / levies / cess / surcharge / demands / welfare fund or any fund /betterment tax/ sales tax / transfer tax / turnover tax / works contract tax / service tax, VAT, penalties etc. by Central Government / State Government / Local authority / Revenue Authority / any other authority / any court / Judicial Authority / Quasi Judicial Authority by way of any Statute / rule / regulation / notification / order / judgment /executive power etc. and put in force or shall be in force prospectively or retrospectively, in respect of the said Flat or the construction for execution of the said Agreement or other document registered or the transaction herein, shall exclusively be borne and paid (and if the same is paid by the Developer then reimbursed) by the Purchaser/s. The Purchaser/s hereby indemnifies the Developer from all such levies, cost and consequences. B. The Purchaser/s shall be liable to pay all taxes (direct/ indirect). The Developer shall not be liable and / or responsible for payment thereof. In the event, however if the Developer is constrained to pay any such amount, the Purchaser/s shall be liable to reimburse the same to the Developer together with penalty (if any) and interest from the date of payment by the Developer. It is agreed that the Developer shall have the right to claim such amount along with other claims of compensation/losses/burden undergone/undertaken by him. It is further agreed that there shall be a charge / lien on the said Flat in favour of the Developer in case of non-payment of amount by the Purchaser/s towards the Service Tax / VAT /GST and / or any other tax, duty, charge, premium, levies, cess, surcharge, penalties etc. relating to this transaction (Agreement). 13. OTHER EXPENSES A. The Purchaser/s shall pay any additional increased taxes, insurance etc. which are imposed by the concerned Local Authority and / or the Government (State and / or Central) and / or other Public Authority on account of change of user of the said Flat by the Purchaser/s. B. It is agreed and understood between the parties herein that the Purchaser/s shall contribute towards expenses for stamp duty, registration charges, other incidental charges for execution and registration of this Agreement, the Conveyance, Deed of Apartment or any other Agreement. The Developer shall not be liable to bear the aforesaid expenses for the same. C. As the Developer will be applying to the concerned authorities for giving water connections for buildings and electricity meters and connections for the said Project, if there is delay in obtaining the water connection and electricity connections from the concerned department then in that case the Developer may provide electrical connections / water supply / power supply / generator supply through any other temporary arrangements because of which if there is any improper / insufficient / irregular supply of water / electricity the Developer shall not be held responsible for the same and the Purchaser/s hereby consent for any temporary arrangement that may be made in the said interim period. The Purchaser/s shall pay for the proportionate charges as demanded, determined and decided by the Developer and service tax (if applicable) thereon. Until receipt of this amount from the Purchaser/s, the Developer shall be entitled to temporarily deduct any dues of such proportion or entire charges payable by the Purchaser/s for the above from the outgoings / maintenance charges for which the Purchaser/s hereby gives his/her/their consent. ............................................. (signature of Purchaser/s) D. It is agreed and understood between the parties herein that the aforesaid amount, expenses, charges shall be borne and paid by the Purchaser/s in addition to the consideration and other charges enumerated herein. The Purchaser/s agree, assure, undertake, affirm and confirm unto the Developer that he/she/they shall indemnify the Developer against all claim/s, charge/s, expense/s and loss/es incurred by the Developer, in case the Purchaser/s fails, neglects or avoids to make the payments mentioned in this Agreement. E. That any deduction of an amount made by the Purchaser/s on account of Tax Deducted at Source (TDS) as may be required under prevailing law while making any payment to the Developer under this Agreement (if applicable) shall be acknowledged/ credited by the Developer, only upon Purchaser/s submitting original Tax Deducted at Source Certificate and the amount mentioned in the Certificate is matching with Income Tax Department site. Provided further that at the time of handing over the possession of the Flat, if any such Certificate is not produced, the purchaser shall pay equivalent amount as interest free deposit with the Developer, which deposit shall be refunded by the Developer on the purchaser producing such Certificate within 4 months of the Possession. Provided further that in case the Purchaser/s fails to produce such certificate within the stipulated period of the 4 months, the Developer shall be entitled to appropriate the said Deposit against the receivable from the Purchaser/s. F. The Purchaser/s shall be liable to bear and pay from the date of effective Completion of the building/s or the date of handing over possession of his/her/their flat, whichever is earlier, the proportionate share of outgoings in respect of the Local Taxes, Betterment charges or such other levies by the concerned Local Authority and/ or Government, Water Charges, insurance premium, electricity bills for common lights for roads, water pumps, lifts, etc., repairs, and salaries of clerks, bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the common areas and amenities, in respect of said land and building/s. 14. MAINTENANCE AND OTHER PERTINENT CHARGES A. The Purchaser may make note of the following payments to be made: Particulars Amount (in Rs.) Towards MSEDCL Charges Amount calculated towards Apartment maintenance deposit covering provisional outgoing for common municipal taxes, common water bills, common electric bills, maintenance charges & other expenses Towards club membership fees and legal expenses for setting up the said organization herein written Towards monthly maintenance charges levied, 36 PDC to be given in advance before the possession B. It is hereby agreed that the Developer shall maintain the scheme only out of the advance received from the unit Purchaser/s. The Purchaser/s has understood the entire scheme of maintenance in detail. The Purchaser/s admits and agrees to the same, so that the maintenance of the scheme is not hampered in any way due to lack of or non payment by the Purchaser/s. It is specifically agreed between the parties hereunto that the Developer is not responsible/liable to pay or share in the aforesaid expenses, outgoings, maintenance etc. in respect of the unsold Bungalow, flats, units etc. in the project. C. Till a separate electric meter or a water meter is installed/allotted by the MSEDCL and any other Local Authority, the Purchaser/s herein hereby agrees to bear and pay punctually the amounts and charges of the common electric and water charges and also the expenses for the maintenance of the common areas and facilities in proportion to the area of his/her Flat. D. It is further agreed between the parties hereunto that the Flat Purchaser/s or the Ultimate Organization shall be responsible for maintaining all the common areas and amenities after the Developer discontinues the maintenance or handover the maintenance to the Ultimate Organization. Thereafter, the amenities provided by the Developer shall be maintained/ managed by the Society/Ultimate Organisation under proper guidance by hiring skilled and professional personnel's. The Developer shall not be responsible for any accident, injury or damage to any life or property during maintenance of the common areas and amenities due to improper practices by the Ultimate Organisation. E. The maintenance charges collected from the Purchaser/s shall be incurred on expenses/charges which are basically applicable for Gardens, Lobbies, Elevators, Fire Staircase, Entrance/Exit of Building, Parking Areas, installation of Central Services such as power light and things that are necessary for the maintenance, safety and existence of the society. F. The services for the maintenance of the above mentioned particulars are limited in nature. Any request for any additional services / maintenance would involve extra maintenance charges which will be charged separately to all Purchaser/s and shall be paid by the Purchaser/s separately to the Developer herein as and when demanded. 15. FLOOR SPACE INDEX (F.S.I.) A. The Developer hereby declares that the Floor Space Index available as on date in respect of the said property and project thereupon is ..................... square meters only and Promoter has planned to utilize Floor Space Index of ______ by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme as mentioned in the Development Control Regulation or based on expectation of increased FSI which may be available in future on modification to Development Control Regulations, which are applicable to the said project upon the said property. The Developer has disclosed the Floor Space Index of _______ as proposed to be utilized by him on the project land in the said Project and Purchaser has agreed to purchase the said Apartment based on the proposed construction and sale of apartments to be carried out by the Developer by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Developer only. B. In this Agreement, the word F.S.I. or Floor area Ratio shall have the same meaning as understood by the Planning Authority under its relevant building regulations or bye laws. C. The Developer shall be entitled to and have right of pre-emption of first right to use the present unutilized and/or additional built-up area / F.S.I. or by taking and loading T.D.R. (Transferable Development Rights) as and when the same is permitted by way of construction of new building/s or extension of the present building/s. D. The Purchaser/s has/have given his/her/their irrevocable consent thereof and the developer shall be entitled to revise the plans, get them sanctioned from concerned Authority, construct the additional units permitted by concerned Authority and the Purchaser/s shall fully co-operate with the developer to enable the developer to make any addition/alteration, or structure/s or construct new structure/s on the said Land/Property in accordance with the plans sanctioned or which may be hereafter sanctioned by the Concerned Authority / Local Body. .................................. (Signature of Purchaser/s) E. Notwithstanding anything contained in this Agreement the Developer shall be entitled to utilize any balance and/or additional F.S.I. and/or TDR as stated herein above on terraces above the building/s prior to completion of building/s in respect of the said Land. F. In case the Land or any portion of the said Land is acquired by any authority before execution of the conveyance, then the Developer alone shall be entitled to take compensation for the same or get F.S.I./T.D.R. in lieu of compensation. 16. SPECIFICATION The specifications of the unit and the fixtures, fittings and the amenities to be provided by the Developer to the said Flat are described in the Annexure E written hereunder. The Purchaser/s also agrees not to make any demand to change the existing plans. The Purchaser/s shall not deem any changes in the plan of the unit annexed herewith. The Developer shall not refund any amount for deleting any items of specifications and amenities on request of the Purchaser/s. 17. COMMON AND RESTRICTED AREAS: A. The nature, extent and description of the common areas and facilities, are more particularly described in the Second Schedule written hereunder. It is hereby agreed that the areas mentioned in said Second Schedule shall be the common areas and facilities. The Developer shall be entitled to declare all other areas as restricted or reserved areas and facilities and/ or alienate and dispose off other areas and facilities in such manner as the Developer thinks fit. B. It is distinctly agreed by and between the parties that the common areas and amenities which are to be provided by the Developer shall be utilized by all the Purchaser/s in the entire project and that the Purchaser/s or the ultimate organization of the Flat holders shall have no right to claim any ownership rights or any other rights therein. 18. DEFECT LIABILITY: A. If within a period of five years from the date of handing over the Flat to the Purchaser/s, the Purchaser/s brings to the notice of the Developer any structural defect in the Flat or the building in which the Flat are situated or any defects on account of workmanship, quality or provision of service, such defects shall be rectified by the Developer at his own cost within reasonable time thereof natural wear and tear notwithstanding. Whereas any kind of claim for defective workmanship shall have to be authentic in nature. B. Whereas defect liability for the period of 5 years from the date of receiving possession of the said flat is limited only to Structural Work, Waterproofing work, Brickwork and Plaster work and the same shall be rectified by the Developer at its own cost. However the rectification cost in respect of cracks emerged due to Climatic Changes and variations in temperatures shall be borne by the Purchaser/s herein. The Purchaser/s shall not ask for any compensation in respect of expenses borne by him/her/them regarding the cracks emerged due to Climatic Change and variations in temperatures. The services provided by the Developer such as lift, pumps, C.P. Fittings, Hardware Fittings, Sliding Windows, French Door, Electrical Fittings, Garbage chutes, water pumps, water Purifier, LED Lights, Battery Inverter, Video Door Phones, Fans, False Ceiling etc. will have the guarantee and warranty as per the terms and conditions of the respective manufacturers / agencies which is/are providing such services to the Developers. Whereas the Granite Stone Frames for toilets doors, dry terrace doors, windows, kitchen Otta etc. provided by the Developers herein may have shade variation and the Developer herein shall not be responsible for the same and as well as for Paint as it may fade in due course of time. Whereas, it is specifically understood by the Purchaser/s that certain facilities such as are provided free of charge by the Developer to the Flat Purchaser/s, wherein any defect with respect to such facilities shall not be rectified by the Developer and hence Developer is not in any way responsible for damage of the same. C. Disclosure regarding manufacturer's warranty; The Developer specifically discloses that, the manufacturers of certain appliances, equipments, standard fittings, machineries including generator set for backup, STP, electric pumps, waste management plants, lifts, Gas line if any, security equipments if any, electronic equipments if any, Solar System if any, Gym equipments if any, Garbage Chute, etc will be as per the warranty provided by the respective manufacturer / Supplier. The only warranty on those items is of the manufacturer's warranty and the Developer is in no way responsible for their performance or for any condition beyond the manufacturer's warranty. D. The Developer herein by spending huge amount providing high quality specifications in the Said Flat and for the buildings which are under construction on the Said Land which Developer herein are constructing, hence Purchaser/s / unauthorised persons/ any agency shall not disturb the same under any circumstances concealed plumbing, concealed wiring etc. and considering this aspect and have the safety measures Purchaser/ss are advised not to open this instrument or to try any changes with all these amenities otherwise guarantee / warranty may lapse as well as durability and stability of the building as to the R.C.C. frame work, concealed wiring load, neither Purchaser/s nor occupier of the Said Flat or any person on behalf of them is entitled to chisel such internal walls in any manner or remove the walls or any part thereof or erect any additional wall or any structural changes or in any manner increase the electrical load in the Said Flat because wires will not take additional load and such act will be amount to be breach of condition of this transaction. Similarly after completion of the project and conveyance in the name of society, such society will have absolute authority to expel the member for the Said Flat and dispose of such Flat in market and refund the amount paid by the Purchaser/s to the Developer herein being consideration of the Said Flat. This condition is the essence of contract and Purchaser/s herein undertakes to abide the same. E. The word defect herein above stated shall mean only the manufacturing defects caused on account of willful neglect of the Developer themselves and shall not mean defects caused by normal wear and tear, negligent use of the said Flat or the building/s by the Purchaser/s, abnormal fluctuations in the temperatures, abnormal heavy rains, damages from natural calamity etc. Provided further that the Purchaser/s shall not carry out alterations of whatsoever nature in the said Flat or in the fittings therein, in particular. It is hereby agreed that the Purchaser/s shall not make any alterations in any of the fittings, pipes, water supply connections or any of the erection (including Flooring / Dado) in the Toilets/ Kitchen as this may result in seepage of the water. If any of such work is carried out without the written consent of the Developer, the defect liability shall become void. F. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Purchaser/s, such defect shall have to be certified by a Registered Consulting Engineer / Professional competent to determine the problem and then shall submit a report to state the defects in materials used, in the structure built of the Flat/phase/wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of this agreement. 19. RIGHT TO ALLOT: A. The Purchaser/s confirms and declares that he/she/ they shall not raise any dispute regarding the aforesaid allotment. The terrace (if any) shall not be enclosed by the said Flat Purchaser/s to whom it is allotted, till the permission in writing /is obtained from the concerned Local Authority and the Developer or the Ultimate Organization as the case may be. B. The Purchaser/s hereby agrees that he/she/they will be granted an exclusive use of parking space on priority basis (preference as per the booking) by the society and the same shall be included in common areas of the society. (if applicable) 20. ULTIMATE ORGANIZATION: A. It is hereby made clear that the Ultimate Organization of all the Purchaser/s/ Unit holders of the present project will be an apartment association formulated as per statute applicable in this regard. B. The Purchaser/s shall have no objection for the new purchaser/s to be admitted as members of the Ultimate Organization. The Ultimate Organization shall get the new transferees admitted as its members without payment of any premium or transfer fees to the Ultimate Organization. 21. CONVEYANCE: Unless prevented by the circumstances beyond the control of the Developer, it is agreed that the said land along with the building/s constructed thereon, will be conveyed by the Developer herein within three months from and after obtaining the full and final completion certificate in respect of the entire project and utilization of entire FSI and TDR/land potential permissible ( and if applicable here in ) t o be utilized on the entire said land as per development control rules (to the extent applicable to Igatpuri Municipal Council) (irrespective of previous sanction or not of FSI). Any other statutory provisions in this regard shall be applicable to matters related to conveyance and the Developer shall duly comply with all such necessary stipulations. 22. COVENANTS BY THE PURCHASER/S The Flat Purchaser/s himself/herself/themselves with intention to bring all persons into whosoever hands the said Flat may come, doth hereby covenant with the Developer as follows for the said Flat and also for the Building in which the said Flat is situated. A. To maintain the said Flat at Flat Purchaser/s own cost in good tenantable repair and condition from the date of Completion Certificate or Possession whichever is earlier and the Purchaser shall not do or cause to be done anything in or to the said Flat or the Building in which the said Flat is situated, staircase or any passages which may be against the rules, regulations or bye- laws of the concerned local or any other authority or change/alter or make addition in or to the said Flat and/or the building in which the said Flat is situated and the said Flat itself or any part thereof. B. Not to store in/outside the said flat/building/surrounding area any goods which are of hazardous, combustible or dangerous nature or are too heavy as to cause damage to the construction or structure of the building or storing of which goods is objected to by the concerned local or other authority and shall not carry or caused to be carried heavy packages to upper floors, which may damage or are likely to damage the staircases, common passages or any other structure of the building including entrances of the building and in case any damage is caused to the building in which the said Flat is situated or to the said Flat or any fatality on account of negligence or default of the Flat Purchaser/s in this behalf, the Flat Purchaser/s shall be liable for all the consequences of the breach. C. To carry out at his own cost all internal repairs to the said Flat and maintain the said Flat in the same condition, state and order in which it was delivered by the Developer, provided that for the defect liability period such repairs shall be carried out by the Flat Purchaser/s with the written consent and the supervision of the Developer if deemed necessary among the parties and shall not do or cause to be done anything contrary to the rules and regulations and bye-laws of the Concerned Local Authority or other Public Authority. And in the event of the Flat Purchaser/s committing any act in contravention of the above provisions, the Flat Purchaser/s shall be responsible and liable for the consequences thereof to the Concerned Authority and/or other Public Authority. D. Not to demolish or cause to be demolished and not to make at any time or cause to be made any addition or alteration of whatsoever nature in or to the said Flat or any part thereof, or in or to the Building in which said Flat is situated and not to make any alteration in the elevation and outside colour scheme of the building and shall keep the portion, sewers, drains, pipes and appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect other parts of the building and shall not chisel or in any other manner cause damage to the columns, beams, walls, slabs or RCC, pardis or other structural members in the said Flat without the prior written permission of the Developer and/or the apartment as the case may be. After possession of the said Flat, the Purchaser/s has/have agreed to carry out regular and periodical inspection of the structure, beams, columns, projections, drainage lines, water lines, electrical lines, lift, power back up, pumps etc. and to carry out necessary repairs as and when required. E. Not to do or cause to be done any act or thing which may render void or voidable any insurance of the said Land and the Building/s or any part thereof or whereby any increase in premium shall become payable in respect of the insurance. F. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Flat in the compound or any portion of the said Land and the Building/s. G. To bear and pay the local taxes, water charges, insurance and such other levies, if any, from the date of handing over possession of said Flat and also pay any additional increased taxes, insurance etc. which are imposed by the concerned Local Authority and/or the Government and/or other Public Authority on account of permitted change of user of the said Flat by the Flat Purchaser/s. H. The Flat Purchaser/s until conveyance shall not let, sub-let, give on leave and license basis, transfer, assign or part with Flat Purchaser/s interest or benefit factor of this Agreement or part with the possession of the said Flat until all the dues payable by the Flat Purchaser/s to the Developer under this Agreement are fully paid up and only if the Flat Purchaser/s had not been guilty of breach of or non-observance of any of the terms and conditions of this Agreement and until the Flat Purchaser/s has intimated in writing to the Developer and obtained written consent thereof. I. The Flat Purchaser/s shall observe and perform all the rules and regulations which the Apartment 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/s and the Flats 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 the Government and other public bodies. The Flat Purchaser/s shall also observe and perform all the stipulations and conditions laid down by the Apartment regarding the occupation and use of the Flat in the Building/s and shall pay and contribute regularly and punctually towards the taxes, expenses or other outgoings in accordance with the terms and conditions of this Agreement. J. Not to obstruct the development work for any reason and in any way. K. In the event of the Developer carrying out any work of additions and/or alterations as per instructions of the Flat Purchaser/s to keep the Developer harmless and indemnified from all or any actions if taken by any person or authority or incidentals thereof. The Developer shall not be bound to obtain Completion/Occupation Certificate as per such additions or alterations which work shall be done by the Flat Purchaser/s at his/her/its own costs and risk. L. The Purchaser/s shall use the allotted Flat only for agreed/ sanctioned/ permitted purpose and shall not change the use without prior written permission of the Developer/ Assignor or Apartment as the case may be. M. Not to cause any nuisance to other Flat Purchaser/s and Developer in any manner whatever. N. The Purchaser/s shall use the said Flat or any part thereof as per permit and the same to be used only for specific purpose as shown in the sanctioned plan. O. The Purchaser/s or Occupier/s of the said Flat shall not use the same as and for Massage Centre, Gambling House, Classes, Service Apartment, Hostel, group accommodation, Lodging Boarding or any illegal or immoral purpose. P. The Purchaser/s shall take required permission from the Local Authority for change of use. Q. The Developer may complete part portion or floor of the building and obtain part occupancy certificate/s and give possession of the Flat/s to the Purchaser/s hereof and the Purchaser/s shall not be entitled to raise any objection thereto. Upon the Flat Purchaser/s taking possession of the Said Flat/s (including the Purchaser/s taking possession of the Said Flat) in such partly completed or portion or floor, the Developer or their agents or contractors shall carry on the remaining work with the Purchaser/s occupying his/her/their/its Flat. The Purchaser/s shall not object to, protest or obstruct in the execution of such work, even though the same may cause any nuisance or disturbance to him/her/them/it. 23. OTHER CONDITIONS A. The Purchaser/s is/are well aware of the building plan sanctions received by the Developers herein as well as proposed sanctions which is to be received in future against balance FSI/TDR to be purchased/paid FSI or Future Premium/Extra FSI received from Local Authorities (IF APPLICABLE). Whereas the Purchaser/s is/are also aware of the Specifications & Amenities to be provided by the Developer in said Project and the same shall be as per the details attached and the Specifications hereunder mentioned. That the developer is only liable to provide the amenities which are mentioned in this Agreement. The sales representatives of the Developers have not given any verbal commitments to the Purchaser/s herein. The Purchaser/s confirms that he/she/they will not demand any changes of whatsoever nature in the said Flat/Unit which the Purchaser/s intends to book. The Purchaser/s herein is/are aware that the brochure provided by the Developers is a replica of the proposed project and whereas the actual project will be as natural as it should be. The Purchaser/s herein has/have been clearly communicated about the installments of payment to be done as per the Schedule mention hereunder written. B. That the Purchaser/s shall be liable to pay Stamp Duty and Registration Fees to the State Revenue Department. The Developer shall provide guidance in paying the said Stamp Duty and Registration Fees. However in case, the Purchaser is not satisfied and wants to cancel the booking/Agreement then the Purchaser/s herein shall be liable to receive only the amount paid by him/her/them out of the Consideration Amount/Agreement Value. Whereas the Purchaser/s shall be liable to approach to the concerned Authorities for refund of Stamp duty & Registration paid by him/her/them and the Developers herein shall not be in any way responsible for the same. C. The Purchaser/s is/are aware that the Developer will be applying for Water connection on behalf of the Ultimate Organization to the Local Authority after receiving Completion Certificate (as per rules in this regard). However, the authority to sanction the application for waterline lies with Local Authority as per its terms and conditions and whereas the supply of water by concerned Authorities shall be supplied as per daily schedule of Local Authority and therefore The Developer shall not be held responsible for the supply of water or low pressure of water. D. The Developer assures that he would do all the necessary documentation on behalf of the Ultimate Organization /Society / Apartment Complex for acquiring Electricity Connection which shall be provided by MSEDCL. The Developer herein assures that he would obtain the sanction regarding the same before possession. However, the Purchaser/s shall not have any objection if it gets delayed by whatsoever reason (i.e technical reason, shortage of Electric meters with MSEDCL etc.). If such situation occurs, the Purchaser/s herein is/are aware that he/she/they are required to obtain temporary connection from the meter of the Developer by installing sub-meter. It is hereby understood that the electricity charges for the same shall be borne by the Purchaser/s. E. The Developer herein is aware that he is required to provide Drainage line to the Society which shall be connected to drainage line of Local Authority, and the same shall fall under the terms and conditions of said Local Authority. However, if the Local Authority drainage line is delayed due to any reason not attributable to Developer or beyond its control, in such case the Developer shall make necessary arrangements at the cost of the Purchaser/s. F. The Purchaser/s is/are aware that they may be required to execute and register a Supplementary Deed in case there are any variations or inclusion of new or additional rules as per RERA . G. It is specifically understood that the brochure/s published by developer from time to time in respect of the scheme is just an advertisement material and contain various features such as furniture layout in a flat, vegetation and Plantation shown around the building, scheme, vehicles etc. to increase the aesthetic value only and are not facts. These specification/ amenities are not agreed to be developed or provided. H. The Purchaser/s is/are aware that the perspectives/elevation plans shown on the plans and/or in brochures are tentative and are likely to undergo change in course of construction. The Purchaser/s shall have no objection/ complaints whatsoever on the account. I. The Purchaser/s is/are hereby prohibited from raising any objection in the matter of allotment or sale accommodation / flat / garage / car parking etc., on the ground of religion / caste / creed or nuisance / annoyance / inconvenience for any profession / trade / business etc. that has been or will be permitted by Law or by Local Authority in the concerned locality. J. In the event, the Ultimate Organization is handed over the administration of the property before the sale and disposal of all the accommodation / tenements in the building/s all the powers, authorities and right of the accommodation to Purchaser/s herein shall be always subject to the Developer's over all right to dispose of unsold flats and all other rights thereon, it is specifically agreed between the parties hereto that for the unsold flats / tenements / units the Developer herein shall and will not be liable or required to contribute towards the common expenses or maintenance charge or any amount under any head towards the share in the common expenses in respect of the unsold tenements nor will be Developer or the new incomingPurchaser/s be liable and required to pay any transfer charges, premium, etc. K. The Purchaser/s authorizes and empower the Developer to make representation by executing such documents and forms as may be necessary, for procuring electricity connection, water connection and meter for the said Flat in the name of Purchaser/s, Municipal Assessment of the said Flat in the name of Purchaser/s. The Purchaser/s undertakes to bear all the expenses at actual for the same, as levied by the Competent Local Authority for entire financial year, even if the possession of the said Flat is taken later. L. The Purchaser/s understands that the work of the development and construction on the said Land by the Developer may continue even after grant of possession of the said Flat to the Purchaser/s. The Purchaser/s shall not make any claims of any nature, relating to or on account of nuisance, annoyance, damages or compensation in this respect. M. Nothing contained in this Agreement is intended to be nor shall be constructed as a grant, demise or assignment in law of the said Flat or of Building/s or a part thereof. The Purchaser/s shall have no claim save and except in respect of the said Flat hereby agreed to be sold to him/her/them and all common, area and facilities as described herein below will remain the property of the Developer until the conveyance. N. Any delay tolerated or indulgence shown or commission on the part of the Developer in enforcing the terms of this Agreement or any forbearance or giving of time to the Purchaser/s by the Developer of any breach or non-compliance nor shall the same in any manner prejudice the rights of the Developer. O. The Developer has not undertaken any responsibility nor has agreed anything with the Purchaser/s orally or otherwise and there is no implied agreement or covenant on the part of the Developer other than the terms and conditions expressly provided under this Agreement. P. The Purchaser/s herein represents, assures and declares that neither the Purchaser/s nor the members of the family are debarred or disentitled to acquire the said Flat under any statute, notification, and rule for the time being in force. Q. The Purchaser/s has/have read and understood all the terms and conditions of indemnity bonds/undertakings, etc. given by the Developer to the Collector/Corporation or any other authority and terms and conditions mentioned in Commencement Certificate, NA order and Completion Certificate (if any) and Purchaser/s agrees that this agreement is subject to the said terms and are also binding on him/her/them. R. The Developer herein may, if necessary and duly approved, be constructing the building/s on the said Land in phases and Purchaser/s herein undertakes not to raise any objection on any ground whatsoever & shall not obstruct the construction in any manner. S. The Developer shall have a first charge and/lien on the said Flat in respect of any amount payable by the Purchaser/s under the terms and conditions of this Agreement. T. The Developer shall be entitled to allot by way of lease or license a portion of the said Land to any Government / Semi Government / Local authority / MSEDCL or to any private party or parties etc. for operational services such as electricity, water, drainage, roads, access, telephone, dish antenna, cable T.V. etc. The Purchaser/s shall not be entitled to raise any objection or grievance about the same. U. The Purchaser/s herein admits and agrees to always admit that, after delivery of possession of the Said Flat by the Developer to the Purchaser/s herein, it will always be presumed that, the Developer had discharged and performed all his obligations except formation of proposed society and conveyance as stated hereto before in favour of such society in which the Purchaser/s herein will be member in respect of the Said Flat, under the said agreement and as well as under The Maharash tra Ownership Flats (regulation of the promotion, of the construction, sale, management and transfer) Act, 1963 and rules made thereunder and The Real Estate (Regulation & Development) Act, 2016 and rules made thereunder. The Purchaser/s herein does not have any claim or grievance of whatsoever nature against the Builder. V. That the Developer herein may have allotted some open/covered parking to the customers, who have registered the Agreement to Sale before 1st May 2017 (i.e. before enforcement of RERA) in respect of flats in the said Project and the Purchaser/s is/are well aware about the aforesaid allotment of parking and he/she/they have no objection for the same. W. If necessary, The Purchaser/s hereby irrevocably authorizes and empowers the Developer to represent him before the concern authorities in all matters regarding the property Tax, Assessment and Re-assessment and the decisions taken by the Developer in this regard shall be binding on the Purchaser/s. The Developer shall represent the Purchaser/s to do all the necessary things in all the departments of the Local Authority, Igatpuri Municipal Council, Nashik Municipal Corporation, Collector, Government, Semi-Government MSEDCL etc. and the same shall stand ratified and confirmed by the Purchaser/s personal representation in the form of signature, the Purchaser/s shall sign the same and shall not withhold the same for any reason whatsoever. 24. RESTRICTION ON PURCHASER/S: The Developer has informed the Purchaser/s and the Purchaser/s is aware that the Purchaser/s of the said Flat shall be subject to all the following conditions: A. Construction of a loft and other civil changes done internally shall be at the risk and cost of the Purchaser/s who shall not damage the basic R.C.C. structure. For that matter any changes done by the Purchaser/s which are not approved and which are not practicable and prudent shall be at the cost and risk of the said Purchaser/s herein B. The Purchaser/s shall not join two adjacent flats and shall not demolish or cause to be demolished and is denied at any time to make any addition or alteration of whatsoever nature in or to the structure or construction of the said Flat. 25. TERMINATION OF AGREEMENT: A. If the Purchaser/s herein violates any terms and conditions of this Agreement for whatsoever reason including non-payment of agreed consideration within stipulated period as mentioned hereinabove then, the Developer shall have absolute right and authority to terminate this Agreement UPON THREE SUCH SPECIFIC BREACHES BEING COMMITTED BY THE PURCHASER HERIEN, after deducting an amount of 10% of the total consideration value towards penalty/compensation, by giving prior notice in writing of its intention to terminate this Agreement, by stating specific default, breach or breaches of the terms and conditions being grounds behind intention of termination of the Agreement and the Purchaser/s herein within reasonable time may get the default rectified and which period will not be more than 15 days from the receipt of such notice. After giving notice in writing, if the Purchaser/s herein fail to rectify the default / breach of terms and conditions within aforesaid stipulated period, then this transaction shall stand cancelled and right, title, interest of the Purchaser/s under this Agreement towards the said Flat shall also stand cancelled and the Purchaser/s shall have only right to receive the refund of the amount paid out of consideration to the Developer without any interest or compensation after deducting the aforesaid amount. B. For whatsoever reason if the Purchaser/s herein desire to terminate this Agreement /transaction in respect of the said Flat then, the Purchaser/s herein shall issue 15 days prior notice to the Developer as to the intention of the Purchaser/s and on such receipt of notice the Developer herein shall be entitled to deal with the said Flat with prospective buyers. C. It is specifically agreed between the parties hereto that, if the transaction in respect of the said Flat between the Developer and Purchaser/s herein is terminated as stated hereinabove, then all the instruments under whatsoever head executed between the parties hereto or between the Developer and Purchaser/s herein shall stand automatically cancelled. D. On termination of transaction in respect of the said Flat as aforesaid the Purchaser/s herein shall be entitled to receive the consideration amount paid by him/her to the Developer after re-dispose of the said Flat by the Developer as under : i. If the Developer is able to dispose off the said Flat for the same consideration or higher consideration as compared to the consideration agreed between Developer and Purchaser/s herein then, the Purchaser/s is/are entitled to receive and Developer is bound to pay the entire part consideration paid by the Purchaser/s to the Developer in pursuance of this Agreement without any interest. ii. If the Developer able to dispose of the said Flat for a lesser consideration then the consideration agreed between Developer and Purchaser/s herein then, the Developer shall be entitled to deduct such differential amount of consideration from the amount paid by the Purchaser/s to the Developer towards the consideration of the said Flat and shall refund balance amount without any interest and accordingly the Purchaser/s herein shall be entitled to receive the same. E. The Purchaser/s is/are not entitled to receive refund of amount paid by the Purchaser/s to the Developer towards Service Tax, VAT or any other Taxes, Cesses, Stamp Duty, Registration Fee, etc. F. If the Purchaser/s has/have availed housing loan against the said Flat from any Bank / financial institute, etc. then the Purchaser/s is/are not entitled to receive the aforesaid refund till producing No-Dues Certificate and/or Release Deed executed by such Bank / financial institute for releasing the encumbrance of loan and interest thereon on said Flat. G. Without prejudice to the aforesaid conditions, it is further agreed between the parties hereto that on termination of this Agreement and transaction between the parties hereto as aforesaid, the Purchaser/s shall only have the right to claim the refund of the amount as stated above on execution of Cancellation Deed and in such an event all other rights under this Agreement of the Purchaser/s herein stands automatically extinguished. H. This Agreement being registered Agreement under the provision of Registration Act 1908, in light of the aforesaid cancellation or termination, the Purchaser has to execute proper Cancellation Deed and admit the execution thereon personally but if the Purchaser on termination as aforesaid, within one month fail to execute the Cancellation Deed and admit the execution personally then for the purpose to execute such Cancellation Deed and admit the execution, the Purchaser/s herein by executing these present, irrevocably nominate, constitute and appoint the Developer herein for such Cancellation Deed or any other document as may required to cancel this transaction in law on termination of this Agreement as aforesaid and who is entitled to do the same on refund of amount by cheque/demand draft as aforesaid by post. By executing these presents the Purchaser for himself / herself / themselves and his heirs, executors and administrators ratify and confirm and agree to ratify and confirm aforesaid act of the Constituted Attorney by virtue of the present clause. 26. GOVERNING LAW: That the rights and obligations of the Parties under or arising out of this Agreement shall be construed and enforced in accordance with Laws of India for the time being in force and the Nashik District Courts shall have the Jurisdiction to try and entertain the dispute arising out of this Agreement. 27. NAME OF THE PROJECT: The name of the Project shall be "FOG CITY PAHSE II" and this name shall not be changed without the written consent of the Developer. 28. PROJECT FINANCE: A. The Purchaser/s hereby consent/s and authorize/s the Developer for raising any finance by way mortgage or the said Land or scheme or any portion thereof, as and when so deemed necessary by the Developer. At any stage during the implementation of the scheme the Developer shall be at liberty to sell, assign or transfer or otherwise deal with its right, title and interest in the said land and building/s to be constructed thereon provide that the same does not adversely affect or prejudice the rights granted in favour of the Purchaser/s in respect of the said flat agreed to be purchased by him/her/them in terms of this Agreement. ....................................... (signature of Purchaser/s) B. The Purchaser/s may obtain finance from any Bank/Financial institution or any other source for purchase of the Flat, but the Purchaser/s obligation to purchase the Flat pursuant to this Agreement shall not be contingent on the Purchaser/s ability or competency to obtain such finance and the Purchaser/s will remain bound by the terms of this Agreement. The Purchaser/s hereby agrees that in case he has availed any loan facility for the purchase of Flat, then upon execution and registration of Conveyance Deed in respect of the Flat, the original Conveyance Deed shall be received by the Developer on behalf of the Purchaser/s from the Registration Office directly and shall be deposited with the concerned lending institution to create equitable mortgage on the Flat in accordance with the terms of grant of the loan. 29. SERVICE OF NOTICE All notices to be served on the Purchaser/s as contemplated by this Agreement shall be deemed to have been duly served if sent to the Purchaser/s by Courier, Registered Post, Under Certificate of Posting or Ordinary Post together with e- mail at his/her/their address/s specified in the Title of this Agreement or at the address intimated in writing by the Purchaser/s by registered post after execution of this Agreement. Any change in address / other necessary details has to be duly intimated to the Developers. 30. REGISTRATION The Purchaser/s shall present this Agreement as well as any other deed, documents etc, which are to be executed by the parties hereto in pursuance of these presents, at the proper Registration Office on intimation thereof from the Developer and as per the law applicable in this regard. The Developer shall not be responsible if the Purchaser/s fails to register the Agreement as mentioned above. 31. It is specifically agreed by and between the parties hereto that in the event of any part of the present agreement or clause/s or part of the clause or clauses being found to be void or being discovered to be void or becoming void on account of any law, rules, regulations, etc., then in that case the entire agreement shall not be treated as void-ab-initio but in such case part of the present agreement or clause or clauses or part of the clause or clauses shall unless not possible be severed from rest of the present agreement or clause or of the present agreement or clause or clauses or part of the clause or clauses as if it never existed in this agreement. 32. STAMP DUTY AND REGISTRATION CHARGES The consideration of the said Flat as agreed between the Developer and the Purchaser/s herein and also as per the prevailing market rate in the subject locality, which is the true and fair market value of the said Flat. The Stamp Duty for this transaction is payable as per the pr o vi si o ns o f t he Bombay Stamp Act, 1958 The parties hereto shall be entitled to get the aforesaid Stamp Duty adjusted, leviable on the conveyance, which is to be executed by the Developer herein in the name of the Society in which the Flat Purchaser/s will be the member in respect of the said Flat/Accommodation. If additional Stamp Duty is required to be paid at the time of conveyance the same shall be paid by the Flat Purchaser/s. 33. JOINT ALLOTTEES /PURCHASERS That in case there are Joint Allottees , they shall be considered as joint and severable allottees for the purpose of these clauses in the agreement and all communications shall be sent by the Promoter to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as properly served on all the Allottees. The Purchaser/s hereby declares that he/she/they has/have read and fully understood and agreed to the contents of this Agreement and thereafter the same has been executed by the Purchaser/s. FIRST SCHEDULE The non Agricultural land situate within the limits of Revenue Village Talegaon (B), Taluka Igatpuri, District Nashik having Plot No. 1 to 6 out of Gat No. 291 admeasuring 22398.5 sq. mtrs. As per sanctioned Lay our plan and bounded as under - On East - Gat No. 292 On West - Gat No. 293 On North - Remaining area of Gat No. 293 On South - New Bombay Agra Road The '_____' Type Flat/Bungalow in Building/Plot no. _____ constructed in plot no.____ bearing premises No.____ on the _____ floor admeasuring Carpet Area ____ sq.mtrs (____ sq.ft.) as described in the Schedule Second demarked on the layout plan attached with the said document erected on Plot no. ___out of the non Agricultural land situate within the limits of Revenue Village Talegaon (B), Taluka Igatpuri, District Nashik having Plot No. 1 to 6 out of Gat No. 291 admeasuring 22398.5 sq. mtrs. As per sanctioned Lay out plan and bounded as under On East - On West - On North - On South - Together with all things lying or being under, upon embedded, in or attached to earth right of way & all easementary rights pertaining thereof. SECOND SCHEDULE (Nature, extent and description of common areas and facilities) 1. Quality RCC Construction 2. Covered and Open Parking with paver blocks as per approved plans 3. Exterior painting Maintenance free waterproof paint 4. Building Roof in Brick Bat Coba/ China Mosiac with neat cement finishing 5. Common Overhead and underground water tank with plumbing Arrangement and water supply to be obtained from local authority 6. Rain water harvesting with necessary recharge pit 7. Standard quality Lift 8. Concrete Internal Roads 9. Recreational Open Space to be developed as per approved plan In witness whereof the parties hereto have hereunto set and subscribed their respective hands and seals on the day, the month and the year first hereinabove mentioned. SIGNED SEALED AND DELIVERED ) BY THE ABOVE MENTIONED ) M/s. NEW STEP VENTURES ) A partnership firm through it’s ) Partner - ) 1] Mr. Virendra VijaySingh Pardeshi ____________________ SIGNED SEALED AND DELIVERED } BY THE ABOVE MENTIONED } THE PURCHASER. 1]-------------------------------- ____________________ SIGNED SEALED AND DELIVERED } BY THE ABOVE MENTIONED } (THE CONFIRMING PARTY) 1] Mr. Virendra Vijaysingh Pardeshi ____________________ In witness of: 1. ___________________________ 2. __________________________ SCHEDULE `A' The flat /Bungalow in ongoing scheme/project known as "FOG CITY PAHSE II" Apartment having Flat / Bungalow No. ..... , having Carpet Area Admeasuring ...... Sq. Mtrs., on the ......... Floor, Which is bounded as shown below: - East : West : As per approved plans South : North : SCHEDULE `B' FLOOR PLAN OF THE APARTMENT ANNEXURE A Name of the Attorney at Law/Advocate Adv. Pradeep G. Bhutada, Address _________________ : Date ________ : No. RE. __________: Title Report Details of the Title Report the Schedule above Referred to (Description of property) Place: Dated ...........day of ............... 20......... (Signed) Signature of Attorney-at-Law/Advocate ANNEXURE B (Authenticated copies of Property Card or extract Village Forms VI or VII and XII or any other revenue record showing nature of the title of the Vendor/ Lessor/Original Owner/Promoter to the project land). ANNEXURE C (Authenticated copies of the plans of the Layout as approved by the concerned Local Authority ) ANNEXURE -D (Authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee as approved by the concerned local authority) ANNEXURE E (Specification and amenities for the Apartment) 1. External Walls 6 inch and Internal Walls 4 inch thick block work 2. Inner side gypsum/Birla putty with single coat plaster and outer side double coated cement sponge plaster with Chicken Mesh to avoid cracks 3. Main Door & Bed room doors with quality fittings and both sides laminated flush doors. 4. Three track powder coated aluminium sliding window and mosquito net 5. 2'x2' vitrified joint free flooring tiles all rooms 6. Interior Painting Pleasant shades in Emulsion Paint 7. Water Proof Treatment in terrace, toilets 8. Concealed plumbing fittings 9. Electrical points for water and washing machine ANNEXURE F (Authenticated copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority) ALLOTTMENT LETTER To, Mr. ……………………………………… Mrs. ………………………………………………… Address ……………………………………………… ………………………………………………….. E-mail address ………………………………………………………….. Respected Sir / Madam, You have shown your interest in purchasing an Apartment ( details of Apartment are more particularly described herein below ) in my project FOG- CITY Phase 2, situated at Plot No. 1 to 6, admeasuring…………………… out of the Revenue Gat No. 291, lying and being at Village Talegaon,Tal-Igatpuri, Dist-Nashik. I have accepted your offer on following terms and conditions. APARTMENT PARTICULARS APARTMENT NO. FLOOR CARPET AREA …….Sq.Ft i.e. ………………Sq.Mtrs. USABLE FLOOR AREA OF …….Sq.Ft i.e. ENCLOSED BALCONY ………………Sq.Mtrs. USABLE FLOOR AREA OF …….Sq.Ft i.e. ATTACHED BALCONY ………………Sq.Mtrs USABLE FLOOR AREA OF TERRACE TOTAL USABLE FLOOR AREA OF …….Sq.Ft i.e. FLAT ………………Sq.Mtrs COVERED PARKING SPACE FOR 4 NO. WHEELER TOTAL PRICE AND PAYMENT PLAN Price of Apartment Rs. Price of covered parking Rs. Agreement Cost Rs. PAYMENT SCHEDULE Booking amount 10% Rs. On Agreement 10 % Rs. On Completion of Plinth 13 % Rs. On Completion of 1 slab st 5% Rs. On Completion of 2 slab ND 5% Rs. On Completion of 3RD slab 5% Rs. On Completion of 4 slab TH 5% Rs. On Completion of 5 slab TH 5% Rs. On Completion of 6TH slab 5% Rs. On or before Brick Work 5% Rs. On or before Internal Plaster 5% Rs. On or before Flooring 5% Rs. On or before Plumbing & 5% Rs. Electric Work On or before External Plaster & 5% Rs. Coloring On Fitting of doors windows & 5% Rs. sanitary wares On Installation of Lift 5% Rs. At the time of Possession of Flat 2% Rs. Grand Total 100% Rs. APARTMENT & OTHER CHARGES PARTICULARS AMOUNT (IN RS.) Towards MSEDCL Charges Rs. Amount calculated towards apartment maintenance Rs. deposit covering provisional outgoing for common municipal taxes, common water bills, common electric bills, maintenance charges & other expenses. Towards membership fees & legal expenses for Rs. setting up the said organization herein written Twards monthly maintenance charges levied 36 pdc Rs. to be given in advance before the possesion Grand Total Rs. TERMS & CONDITIONS – 1) Issuance of this non-transferable Allotment Letter to the Allottee ( S ) by the promoter does not create a binding obligation on the part of the promoter or the Allottee ( S ) until, firstly, the Allottee signs and delivers the agreement with all the schedules ( copy attached ) along with the payments due to stipulated in the above Payment Plan within 30 (Thirty) days from the date of this Allotment Letter, and appears for registration of the agreement before the concerned Sub – Registrar as and when intimated by the Promoter. This Allotment Letter is not meant or be treated or deemed to be as Agreement as contemplated under provisions of law. 2) If the Allottee ( S ) fails to execute and deliver to the Promoter Agreement within 30(Thirty) days from the date of Allotment Letter and / or appear before the Sub-Registrar for its registration as and when intimated by the Promoter within the aforesaid 30 days, then the Promoter shall serve a notice to the Allottee by email/by hand/by post/by courier on the address given by the Allottee for rectifying the default, which if not rectified within 15 (Fifteen) days from the date of its receipt by the Allottee, application/allotment of the Allottee shall be treated as cancelled and all sums deposited by the Allottee in connection there with including the booking amount/token amount shall be returned to the Allottee without any interest or compensation whatsoever. 3) Minimum token amount should be equivalent to 5% of the agreement cost, which shall be retained as interest free bonafide refundable deposit, refundable. 4) Unless agreement is entered into by the applicant, no right of any nature is conferred or intended to be conferred by this Letter on the applicant. 5) All taxes, cess charges or levies under any concerned statute shall be borne by the purchaser, over and above price of the Apartment. 6) The purchaser has received and understand the floor plan and specification, of the said flat at the time of booking and has no confusions whatsoever and would not change the option confirmed by us on the date of booking. 7) In case of cancellation for any reason whatsoever then the amount paid by the Allottee against the said booking shall be returned within 30 days from date of cancellation of booking. I/We have read, understood, accepted and agreed for the above mentioned contents, payment plan, terms and conditions. ALLOTTEE’S SIGNATURE 1) --------------------------- 2) ----------------------------- MR.VIRENDRA VIJAYSINGH PARDESHI ------------------------------ (PROMOTER)