AGREEMENT FOR SALE This Agreement For Sale is Made & Executed at Nashik on ____________ day ___________ of the month _____________ in Christian Year 2017 BY AND BETWEEN M/s. Amar Buildtech Pvt Ltd (CIN No- 11-122943), a company incorporated under the provisions of the Companies Act, 1956 , having its registered office at.12, Shantiniketan Apartment, New Pandit colony, Sharanpur Road, Nashik (PAN –AACCA8855A), represented by its Director Mr. Sujit Ramkrishna Jajoo (Aadhar No- 2873 8424 5692) authorised vide board resolution dated 16/3/2017 hereinafter referred to as “Promoter” (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successor-in-interest, executors, administrators and permitted assignees): WHEREAS by an Agreement executed between Shri_Shankar Vithoba Naik and Others (hereinafter referred to as “the Original Owner/Lessee”) of the One part and the Promoter of the other Part (hereinafter referred to as “ the Development agreement”), the Original Owner/Lessee granted to the Promoter development rights to the piece or parcel of freehold land laying and being at Plot No 29,Sector-P45A, Neighbourhood –Vaishakh, Patil Nagar, CIDCO, Nashik, in the Registration Sub-District of Nashik, admeasuring 2682.62 Sq.Mtr towards North side of total plot admeasuring 4382.62 Sq.Mtrs., or thereabouts more particularly described in the schedule – I therein as well as hereunder written (hereinafter to as “ the project land”) and to construct thereon buildings in accordance with the term and condition contained in the Development agreement/Power of Attorney. AND WHEREAS the land in which the above plot is situated is acquired by City and Industrial Development Corporation Of Maharashtra (CIDCO) under the provisions of Land Acquisition Act and CIDCO is exclusive owner of this land and legally competent to lease it out to the intending lessee/s WHEREAS above plot bearing No.29 has given on lease to Shri. Shankar Vithoba Naik by CIDCO, for the period of 90 years and has executed Agreement of Lease in favour of Shri. Shankar Vithoba Naik on 25/7/2000. CIDCO has handed over possession of above plot to Shri. Shankar Vithoba Naik and accordingly obtained possession receipt from Shri. Shankar Vithoba Naik on 25.7.2000. Shri Shankar Vithoba Naik has paid the total consideration of premium and lease rent to CIDCO. Hereby Purchaser is aware of the fact that abovesaid plot on which the project is going to construct is Lease Hold land. CIDCO has executed Lease Deed on 8/9/2004 for the term of 90 years in favour of Shri. Shankar Vithoba Naik in respect of above plot no. 29, which Lease Deed is Registered in the office of Sub Registrar, Nashik-4 at document serial no.6000/2004, dt.8.9/2004. WHEREAS Shri. Shankar Vithoba Naik alongwith Shri. Kashinath Vithoba Naik, Bhimrao Vithoba Naik, Shri, Shantaram Vithoba Naik, Shri, Madhukar Vithoba Naik and Shri. Sadashiv Vithoba Naik have executed Development Agreement & General Power of Attorney in favour of M/s. Gargi Anand through Shri. Vijay Anandrav Bacchav for an area 1700.00 sqmtr from South side of plot No 29 total admeasuring 4382.62 sqmtr. M/s. Gargi Anand has constructed a building on the said area and obtained Occupancy Certificate bearing No. BP(NT)/NSK/ADM/2009/128 dt.9/6/2009, from Additional Town Planning Officer CIDCO, New Aurangabad. AND WHEREAS the Executive Engineer (Town Planning) Nashik Munciapal Corporation, Nashik has sanctioned building plan for construction on above Plot No.29 and has issued Sanction of Building Permit and Commencement Certificate bearing No. LND/BP/BP-2/582/7043 dtd.22/3/2017. AND WHEREAS Shri. Shankar Vithoba Naik alongwith Shri. Kashinath Vithoba Naik, Bhimrao Vithoba Naik (deceased)through his heir Smt. Bhimbai Bhimrao Naik, Shri. Shantaram Vithoba Naik, Shri. Madhukar vithoba Naik and Shri. Sadashiv Vithoba Naik have executed Development Agreement & General Power of Attorney in favour of M/s. Amar Buildtech Pvt Ltd throught its Director Shri. Sujit Ramkrishna Jajoo 30/3/2017 for an area of 2682.62 sqmtr, from North side of Plot No.29 total ademeasuring 4382.62 sqmtr. The said Development Agreement & General Power of Attorney are registered under serial number 2577/2017 & 2578/2017 dt.15.4.2017 in the office of Joint Sub Registrar, Class-II Nashik-3 AND WHEREAS the Promoter has floated the ownership scheme on the said land under the name and style of Jajoo Naik’s Amar Vrindavan Apartment comprising of two buildings with three wings namely C, D, and E-Wing consisting of residential units. Promoter has decided to carry out constructions/ development of all wings i.e C,D and E Wing simultaneously and accordingly complete project is subject matter of this agreement and the said project shall be known as “Jajoo Naik’s Amar Vrindavan Apartment “ hereinafter referred as “ Said Project” and admeasuring 2389.68 Sq Mtrs. Carpet Area and 301.07 Sq.Mtrs as Balcony Area and 38.33 Sq.Mtrs as Attached Terrace Area Or thereabouts more particularly described in Schedule – II and shown in Annexure _______ C2A ; AND WHEREAS the Promoter has completed all the legal formalities with respect to the right, title and interest of the project land on which the said project is to be constructed. The Promoter herein alone has sole and exclusive right to sell the Apartment in the said project to be constructed by the Promoter on the project land and is fully competent to enter into agreement with Allotee /s, of the Apartment and to receive the sale price in respect thereof. AND WHEREAS the Promoter has entered into a standard agreement with its Architects M/s Kabre Consultant through its partner Mr.Sagar Kabre ( hereinafter referred to as “the Architect”) who are registered with council of Architecture, and such agreement is as per agreement prepared by the Council of Architecture ,and promoter has appointed Mr.Avinash Malpani as Structural Engineer for the preparation of the structural design and drawings of the said project/ buildings and the Promoter accepts the professional supervision of the Architect and Structural Engineer till the completion of the said project. AND WHEREAS Promoter has proposed to construct on the project two buildings consisting of three Wings. First building consists of two wings namely C-Wing and D-Wing and second building consists of E-Wing.Each wing is having Ground/Stilt +Four Upper Floors . AND WHEREAS the allotee has offered to purchase an Apartment bearing number _________ on the __________ floor, (herein after referred to as the said “Apartment” ) in the_______ wing of the Building called Jajoo Naik’s Amar Vrindavan Apartment( herein after referred to as the said “Building”) being constructed in the said project by the Promoter. AND WHEREAS The Allotee/s herein has demanded from the Promoter and the Promoter has given inspection to the allotee/s, of all the documents of title relating to the said project described in the Schedule –II hereunder written and also the plans, designs and specification of the said building prepared by the Architect and such other documents as are specified under the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as “The Said Act”) and rules and regulation made thereunder. After the allotee/s enquiry, the Promoter here has requested to the allotee/s to carry out independent search by appointing his/her/their own attorney / advocate and to ask any queries, he / she /they have regarding the marketable title and rights and authorities of the Promoter. The Allotee/s has have satisfied himself /herself/ themselves in respect of marketable and rights and authorities of the Promoter herein. That the allotee has given his specific confirmation herein that the responsibility of title of the said land be on the Developer up and until the conveyance of the said building / phase/wing/and the said thereunder. AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the promoter, authenticated copy of Index II of Development Agreement, Lease Deed document between City AND Industrial Development Corporation Of Maharashtra and Mr. Shankar Vithoba Naik registration receipt of Power Of Attorney, and other relevant 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 WHERAS The authenticated copies of the plans of the layout of the said project according to which the constructions of the buildings and open spaces are proposed to be provided, as approved by Executive Engineer (Town Planning) of Nashik Municipal Corporation, Nashik the concerned Local Authority have been annexed hereto and marked as Annexure C1. AND WHEREAS The clear block plan showing (wing) which is intended to be constructed and to be sold and the said unit which is intended to be bought by the allotee is in the said project (wing) which is clearly demarcated and marked and which is for the purpose of this agreement the project in which the unit stated that the allotee intends to purchase and the allotee shall have the right claim the same for is marked as Annexure C2. AND WHEREAS the authenticated copies of the plans and specification of the Apartment agreed to be purchased by the Allotee, as sanctioned and approved by the local authority have been annexed and marked as Annexure D AND WHEREAS the Promoter has obtained complete sanctions/ approvals from the Nashik Muncipal Corporation to the plans, the specification, elevations, sections of the said buildings vide Commencement Certificate No LND/BP/B2/582/7043 Dated 22/3/2017 AND WHEREAS while sanctioning the said plans, Nahik Muncipal Corporation 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 concern 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 WHERAS the allotee 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 allotee strictly. AND WHEREAS the allottee on confirmation of accepting all the conditions of sanctioned plans by competent authority, has further stated that if any conditions that have been imposed on the said project/ building/ phase/wing which are contrary to the prevalent laws/ rules/regulations under which sanctioned plans have been given shall not be binding on the allottee and that the allottee shall not hold the developer responsible for the such contrary conditions AND WHEREAS the Allottee has independently made himself aware about the specification provided by the promoter and he is aware of the limitation, usage policies and maintenance of the installed items, fixtures and fitting of the same and have been annexed and marked as Annexure G AND WHEREAS the Allottee has been shown the condition of contract with the vendors/ contractors/ manufactures 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 has now agreed to the same as conditions mentioned in these contracts and that the allottee agrees to abide by the same failure of which shall absolve the promoter to that extent. AND WHEREAS the Promoter has registered the said project under the provision 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 AND WHEREAS the Allottee has applied for apartment in the said project for apartment no._____of the type --------- in Wing- having Carpet Area of ---------- Sq.Mtrs , Balcony Area _________ Sq.Mtrs and exclusive Attached Terrace Area--------- Sq.Mtrs on ________ floor in Jajoo Naik’s Amar Vrindavan Apartment being constructed in the said project along with Covered Parking No- __________ and pro-rata share in the common area (“common areas”) as defined under clause (n) of section 2 of the Act (hereinafter referred to as the said Apartment” of limited common area and facilities both of which are more particularly described in schedule III and the floor plan of the apartment is annexed hereto and marked as annexure E) AND WHEREAS relying upon the aforesaid application, the promoter has agreed to allot and sell to the Purchaser/s the said apartment at the price and on the terms, condition, covenants, stipulation and provision hereinafter appearing. AND WHREAS the carpet area of the said Apartment is _______ square meters and “carpet area” means the net useable floor area of an apartment, excluding the area covered by the external walls, area under services shafts, exclusive balcony appurtenant to the said exclusive use of the allotee or varandhah area and exclusive open terrace area appurtenant for exclusive use of the allottee, but includes the area covered by the internal partition walls of the Apartment. AND WHERAS, the Allotee/s prior to execution of these presents has paid to the promoter a sum of Rs. ______ (Rupees._____________) only, being part payment of the sale price of the apartment agreed to be sold by the promoter to the allottee/s as advance payment (the payment and receipt whereas the promoter both hereby admit and acknowledge) and the allottee/s has agreed to pay remaining price of the Apartment as prescribed in the payment therein. (Please note that booking amount /part payment prior to execution of this agreement shall in no event exceed ten percent of the total sale price / consideration of the apartment.) AND WHEREAS the Parties have gone through all the terms and conditions set out in this agreement and understood the mutual rights and obligation detailed herein; The parties hereby confirm that they are signing this Agreement with full knowledge of all the laws rules, regulation, notification etc., applicable to the said project. AND WHEREAS subject to otherwise agreed, reserved and provided herein, the promoter has agreed to sell and the Allottee/s hereby agrees to purchase the Apartment and the covered parking as specified in para _______. AND WHEREAS the Promoter in compliance of section 13(1) of the Real Estate (Regulation and Development) Act, 2016 is required to execute a written agreement for sale of the said apartment in favour of the Allottee/s, being in fact these presents and also to register said agreement for sale under the Registration Act, 1908 the parties hereto are desirous to reduce in writing all the terms and condition of this transaction and hence this presents. Notwithstanding anything stated in any other documents / allotment/letter/given or communicated with the allottee any time prior, this agreement shall be considered as nil and void and this is the only documents and its condition shall be read as the only conditions valid and basis for which the said unit is agreed to be sold to the allottee. AND WHREAS This Agreement shall remain in force and shall not merge into any other agreement save and except the conveyance deed as stated herein below. 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 does not in any way effect the right of the Allottee in respect of his unit in the said project. AND WHEREAS the parties, relying on the confirmation, representation and assurance of each other to faithfully abide by all the term, conditions and stipulation contains in this agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; And that the allottee has not given any third party any right to enforce this said agreement unless the said unit is transferred to the them. NOW THEREFORE, THIS AGREEMENT WITNESS AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS. 1- CONSTRUCTION OF THE PROJECT/ APARTMENT:- The Promoter shall construct the said building/s consisting of ground /stilt+ four upper floors on the project land in accordance with the plans, designs and specification as approved by the concerned local authority from time to time. Provided that the Promoter shall have to obtain prior consent in writing of the allottee in respect of variations and modification which may adversely affect the Apartment of the Allottee/s except any alteration or additions or modification in the sanctioned plans, layout plans and specification of the buildings or common area of the said phase which are required to be made by promoter in compliance of any direction or order, etc issued by, the competent authority or statutory authority under any law of the state or central government, for the time being in force, Promoter may also make such minor addition and alteration as may be required by the allottee. 2. CONSIDERATION / PRICE OF THE SAID APARTMENT:- 2.1 The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the allottee Apartment no.____of the type 2BHK in Wing- having Carpet Area of ---------- Sq.Mtrs , Balcony Area _________ Sq.Mtr and exclusive Attached Terrace Area--------- Sq.Mtrs on ________ floor in Jajoo Naik’s Amar Vrindavan Apartment (hereinafter referred to as “the Apartment”) as shown in the floor plan thereof hereto annexed and marked annexure ___D___ and ___E___ for the consideration of Rs. __________ including the proportionate price of the common areas and facilities appurtenant to the premises ,the nature and extent and description of the limited common areas and facilities which are more particularly described in the Second annexed herewith. 2.2 The Allotee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to allotee covered Parking bearing No______ situated at Stilt Floor in Wing ---- being constructed in the layout for the consideration of Rs. _________ /- .Drawing showing allotment of allotted parking is annexed herewith. 2.3 The total aggregate consideration amount for the apartment including covered parking spaces is thus Rs. ___________/-(Rs. ) 2.4 The Allotee/s agrees and understands that timely payment towards purchase of the said Apartment as per payment plan/schedule hereto is the essence of the Agreement. The Allottee has paid on or before execution of this agreement a sum of Rs. __________(10%) (Rupees. __________only) as advance payment or application fee and hereby agrees to pay to that Promoter the balance amount of Rs. _________ (Rupees. __________) in the following manner:- i. Amount of Rs.______/- (_______)(10%) to be paid to the Promoter after execution of Agreement within 8 days from the execution of Agreement ii. Amount of Rs. ______/-(______)(10%) to be paid to the promoter after completion of the plinth of the Wing –C & D in which the said Apartment is located iii. Amount of Rs. _____/- (_______)(10%) to be paid to the promoter on completion of the 1st slabs of the Wing C &D in which the said apartment is located. iv. Amount of Rs. _____/- (_______)(10%) to be paid to the promoter on completion of the 3rd slabs including stilts of the Wing C & D in which the said apartment is located. v. Amount of Rs. _____/- (_______)(10%) to be paid to the promoter on completion of the 5th slabs including stilts of the Wing C & D in which the said apartment is located. vi. Amount of Rs. ____/-(______)(10%) to be paid to the promoter on completion of the internal , external walls and internal and external plaster of Wing C& D. vii. Amount of Rs. ____/-(_______)(5%) to be paid to the Promoter on completion of the internal & external plumbing(excluding ground chambers and septic tank),internal tile work for toilets, kitchen platform etc. viii. Amount of Rs._____/- (_______)(10%) to be paid to the Promoter on completion of internal flooring, terrace with waterproofing, staircases, lift wells, lobbies upto the floor level of the said Apartment. x Amount of Rs. ____/-(_______)(5%) to be paid to the Promoter on completion of the doors and window fittings, internal electrical work. xi Amount of Rs. ____/-(_______)(5%) to be paid to the Promoter on completion of the lifts, water pumps, electrical fitting, electro, mechanical requirement, entrance lobby/s, paving of areas appertain and all other requirements as may be prescribed in the Agreement of sale of the building or wing in which the said Apartment is located. xi. Balance Amount of Rs. ________/- (______)(5%) against and at the time of handing over the possession of the building Apartment to the Allottee on or receipt of occupancy certificate or completion certificate. The total price above Excludes Taxes and Stamp Duty & Registration charges (consisting of tax paid or payable by the promoter by way of GST or any other similar taxes which may be levied, in connection with the construction of and carrying out the said Project payable by the Promoter up to the date of handing over the possession of the Apartment as per the prevailing rates. Allotee should pay the Taxes to the Promoter as and when applicable as per respective department and delay in payment of taxes will attract interest which is applicable as per the respective rules of department. 2.6 The total price is escalation-free, save and except increases which the Allottee hereby agrees to pay, 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 from time to time. The Promoter undertakes and agrees that while raising a demand on the allottee for increase in development charges, cost / charges imposed by the competent authorities, the Promoter shall enclose the said notification/order/rule/regulation to that effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. The Promoter may charge the allottee separately for any up gradation/changes specifically requested or approved by the allottee by the allotee in fitting, fixtures and specification and any other facility which have been done on the allottee’s request or approval but which have not been agreed upon herein or as shown in the website of registered authority. 2.7 The Promoter herein on due or on reaching aforesaid construction milestone/ stage shall intimate the amount payable as stated above in writing or by digital E-Mail to the Allottee and the Allottee shall make payment of such due amount to the Promoter within seven days from date of receiving such intimation. The Allottee herein specifically agrees that he/ she/ they shall pay the aforesaid amount along with the service tax, VAT, GST and such other taxes, ceases, charges etc, without any delay along with each instalment. E-mail address of allotee is ----------------.Any notice/ communication made on this E-mail address regarding intimation for payment will be considered valid, official and legal. Allotee hereby consents for the same. 2.8 The Promoter may allow, in its sole discretion, a rebate for early payments of instalments payable by the Allottee by discounting such early payments @ 6% per annum for the period by which the respective instalment has been preponed. The Provision for allowing rebate and such rate of rebate shall not be subject to any revision / withdrawal, once granted to an allottee by the Promoter. 3. MODE OF PAYMENT:- Subject to the terms of the Agreement and the Promoter abiding by the construction milestones, the allotee shall make all payments, on demand by the Promoter, within the stipulated times as mentioned in payment plan through a/c payee cheque / demand draft/RTGS or online payment (as applicable) in favour ‘Amar BuildTech Pvt.Ltd Jajoo Naik’s Amar Vrindavan Apartment RERA Designated Ac’ payable at Nashik 4. ADJUSTMENT/ APPRORPIATION OF PAYMENT:- The allottee/s authorises the Promoters to Adjust / appropriate all payments made by him/her/them under any head(s) of dues against lawful outstanding, if any, in his/her/their name as the Promoter may in its sole discretion deem fit and the Allottee undertake 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 instalment on the due dates, the Allottee/s shall be bound and liable to pay interest as per State Bank of India highest Marginal cost of Lending rate plus 2% per annum with monthly rests, on all the amounts which become due and payable by the allottee/s to the Promoter till the date of actual payment, provided that tender of the principal amounts and interest or tender of interest and expenses thereof shall not itself be considered as waiver of the right of the Promoter under this agreement, nor shall it be constructed as condonation of delay by the promoter. The amount of interest may be informed to the allotee/s from time to time or on completion of the said project / apartment, and the allottee/s has /have agreed to pay the same as and when demanded before the possession of the said apartment. 6. OBSERVATION OF CONDITION IMOSED BY LOCAL/ PLANNING AUTHORITY:- The Promoter hereby agrees to observe, perform and comply with all the terms, condition stipulation and restriction if any, which may have been imposed by the concerned local authority, state and or Central Government at the time of sanctioning the plan or any time thereafter or at the time of granting Completion Certificate or anytime thereafter, The Promoter shall before handling over possession of the said apartment to the allottee/s herein, obtain from the concerned planning/local authority /development controlling authority occupation and or completion certificate in respect of the said apartment. Notwithstanding anything to the contrary contained herein, the Allottee shall not be entitled to claim possession of the said apartment until the completion certificate is received from the local authority and the allottee has paid all dues payables under this agreement in respect of the said apartment to the Promoter and has paid the necessary maintenance amount/ deposit, service tax, vat, GST and other taxes payable under this agreement of the said apartment to the Promoter. Howsoever for the purpose of defect liability on towards the developer, the date shall be calculated from the date of handing over possession to the allottee for fit outs and interior works and that the said liability shall be those responsibilities which are not covered under maintenance of the said unit/building/phase/wing as stated in the said agreement. That further it has been agreed by the allottee that any damage or change done within the unit sold or in the building / phase/ wing done by him/ them or by any third person on and behalf of the allottee the allottee expressly absolves the developer from the same liability and specifically consents that on such act done, he shall waive his right to enforce the defect liability on and towards the developer. 7. DISCLOSURE AS TO FLOOR SPACE INDEX:- The Promoter hereby declares that the Floor Space Index available as on date in respect of the Project land is 1 i.e. 2682.62 square meters only and Promoter has planned to utilise Floor Space Index of 1 by availing of TDR or FSI available on payment of premium or FSI available as incentive FSI implementing various scheme as mentioned the Development Control Regulation or based on expectation of increase FSI which may be available in future on modification to development control Regulations, which are applicable to the said Project. The Promoter has disclosed the Floor Space Index of 1 as proposed to be utilised by him on the project land in the said project and Allottee has agreed to purchase the said Apartment based on the proposed constructions and sale of apartments to be carried out by the Promoter by utilising the Proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. 8. DISCLOUSURE AND INVESTIGATION OF MARKETABLE TITLE:- The Promoter has made full and true disclosure of the title of the said land as well as encumbrances, if any, known to the Promoter in the title report of the advocate. The Promoter has also disclosed to the Allottee/s nature of its right, title and interest or right to construct building/s, and also given inspection of all documents to the Allottee/s as required by the law. The Allottee/s having acquainted himself/herself/themselves with all facts and right of the Promoter and after satisfaction of the same has entered into this Agreement. 9. SPECIFICATION AND AMENITIES:- The specification and amenities of the apartment to be provided by the Promoter in the said project and the said apartment are those that are set out in Schedule IV hereto. Common amenities for the project on the said land are stated in the schedule V annexed hereto. In the project multi stored buildings/ wings are under constructions and considering to maintain the stability of the buildings/wings and internal structures, herein specifically informed by its consultant not to allow any internal changes. As per our policy there shall be no customisation permitted inside the said apartment. Changes such as civil, electrical, plumbing etc shall not be allowed during construction and till delivery of possession. 10. POSSESSION OF THE APARTMENT:- 10.1 Schedule for possession of the said Apartment:- The Promoter agrees and understands that timely delivery of possession of the apartment is the essence of the Agreement. Subject to receipt of full consideration/ total price and dues of the Promoter and taxes thereon are paid by the allottee/s in respect of the said apartment, in terms of these presents, The Promoter, based on the approved plans and specification, assures to hand over possession of the said Apartment on 30/09/2019. Provide that the Promoter shall be entitled to reasonable extension of time as agreed by and between the allottee and the promoter for giving possession of the Apartment on the aforesaid date, and the same shall not include the period of extension of time as agreed by and between the allottee and the promoter for giving possession of the Apartment on the aforesaid date, and the same shall not include the period of extension given by the Authority for registration. Further, if the completion of building in which the apartment is to be situated is delayed on account of- (I) war, civil commotion, flood, drought, fire, cyclone, earthquake, act of god or any calamity by nature affecting the regular development of the real estate project (“Force Majeure”) (II) Extension of time for giving possession as may be permitted by the Regulatory Authority under Real Estate (Regulation and Development) Act, 2016 for reason where actual work of said project/ building could not be carried by the promoter as per sanctioned plan due to specific stay or injunction orders relating to the said project form any court of law, or Tribunal, competent authority, statutory authority, high power committee etc, or due to such circumstances as may be decided by the Authority. If, however the completion of the project is delayed due to the force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the Apartment, provided that such force majeure conditions are not of a nature which make it impossible for the promoter to implement the project due to force majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 30 days from that date. After any refund of the money paid by the Allottee, Allottee agrees that he/ she shall not have any rights, claims etc against the Promoter and the Promoter shall be released and discharged from all its obligation and liabilities under this Agreement. 11.2. Schedule for possession of the common amenities: - The promoter herein is developing the said land which consists of various wings having common amenities like common hall, landscape garden etc. The constriction/development of the said common amenities will be completed in due course only after completion of constructions of all the project wings on the said land. The promoter, assures to hand over possession of the said common amenities on 30/09/2019. 11.3 Procedure for taking possession:-The Promoter, upon obtaining the occupancy certificate from the local/competent /planning authority shall offer in writing to the allotee/s intimation that, the said apartment is ready for use and occupation. The allottee/s herein shall inspect the said apartment in all respect to confirm that the same in accordance with the term and conditions of this agreement, complete the payment of consideration /total price and dues to the Promoter as per terms and conditions of this agreement and take the possession of the said apartment within 15 days from the date of written intimation issued by the Promoter to the allottee herein. The Promoter agrees and undertakes to indemnify the Allottee/s in case of failure of fulfilment of any of the provision, formalities, documentation on part of the promoter. The Allottee agree(s) to pay the maintenance charges as determined by the Promoter /association of allottee/s as the case may be. 11.4 It shall be expressly agreed that whatever it is the responsibility of the allottee to apply and get necessary services the same shall not be undertaken by the promoter and the allottee shall be solely responsible for the same. 11.5 Failure of allottee to take possession of (apartment/plot) : Upon receiving a written intimation from the promoter as per clause 11.3 the Allottee/s shall take possession of the Apartment from the Promoter by executing necessary indemnities, undertaking and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the Apartment to the allottee. In case the Allottee fails or commits delay in taking possession of said apartment within the time provided in clause 11.3 such Allottee shall be liable for payment of maintenance charges as applicable, property tax, electricity charges and any other expenses and outgoing in respect of the said apartment and the promoter shall not be liable for the maintenance, wear and tear of the said apartment. Possession by the Allottee:- After obtaining the occupancy certificate and handing over physical possession of the said Apartment of the Allottee/s, it shall be the responsibility of the Promoter to hand over the necessary documents and plans, including common areas, to the association of the Allottee/s or the competent authority, as per local laws. 11.7. Compensation: - That the allottee has given his specific confirmation herein that the responsibility of title of the said land be on the developer up and until the conveyance of the said building/phase/wing and the said land thereunder. 11.8. Except for occurrence of the event stating herein above, if the Promoter fails to complete or is unable to give possession of the Apartment (i) in accordance with the terms of this Agreement, duly completed by the date specified herein; or (ii) due to discontinue of his business as a developer on account of suspension or revocation of the registration under the Act; or for any other reason; the promoter shall be liable, on demand to the allottee/s in case the allottee wishes to withdraw from the project, without prejudice to any other remedy available, to return the total amount received by him in respect of the Apartment, with the interest as per state bank of India highest Marginal cost of Lending Rate Plus 2% percent per annum within 30 days including compensation in the manner as provided under the Act. Provided that where if the allottee does not intend to withdraw from the said project, the promoter shall pay the Allottee Interest as per State Bank Of India highest Marginal cost of Lending Rate plus 2% on all the amounts paid by the Allottee, for every month of delay, till the handing over the possession of the Apartment. 12. TIME IS ESSENCE:- Time is essence for the promoter as well as the allottee. The promoter shall abide by the time schedule for completing the project and handing over the apartment to the Allotee and the common areas to the association of the allottees after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Allottee shall make timely payment of the instalment and other dues payables by him/her and meeting the other obligation under the Agreement subject to the simultaneous completion of construction by the promoter as per payment plan in clause 2.5 in this agreement or by payment plan set out in Schedule ____________ 13. TERMINATION OF AGREEMENT:- 13.1 Without prejudice to the right of promoter of charge interest in terms of sub no5 above, on the Allottee committing default in payment on due date of any amount due and payable by the allottee to the promoter under this Agreement (including his/her proportionate share of taxes levies by concerned local authority and other outgoings) and on the allottee committing three defaults of payment reminder’s the Promoter shall at his own option, may terminate this Agreement. Provided that, Promoter shall give notice of 15 days in writing to the allottee, by registered post AD at the address provided by the allottee and mail at e- mail address provided by the Allottee, of his intention to terminate this agreement and of the specific breach or breaches of term and conditions in respect of which it is intended to terminate the Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, promoter shall be entitled to terminate this agreement. Provided further that upon termination of this agreement as aforesaid, the Promoter shall refund to the allottee (subject to adjustment and recovery of any administrative expenses and opportunity loss of an amount of Rs. 100000/- and / or any other expenses incurred by the promoter for such unit as requested by the allottee or any other amount which may be payable to promoter) within a period of 30 days of the termination, the instalment of sale consideration of the apartment which may till then have been paid by the allottee to the promoter and the Promoter and promoter herein shall be entitled to deal with the said apartment with any prospective buyer. Delay in issuance of any reminders/s or notices from the Promoter shall not be considered as waiver of promoter absolute right to terminate this agreement. 13.2 For whatsoever reason if the Allottee/s herein, without any defaults or breach on his/her/their/ part, desire to terminate this agreement/ transaction in respect of the said apartment then the Allottee/s. Herein shall issue a prior written notice to the Promoter to the intention of the Purchaser/s and on such receipt of notice the Promoter herein shall be entitled to deal with said apartment with prospective buyers. After receipt of such notice of intention to terminate this agreement the Promoter shall issue a 15 day’s notice in writing calling upon him/her/them to execute and register Deed of Cancellation. Only upon the execution and registration of Deed of Cancellation the Purchaser/s shall be entitled to receive the refund of consideration, subject to terms of this agreement. 13.3 It is specifically agreed between the parties hereto that, if the transaction in respect of the said apartment between the Promoter and allottee/s herein terminated as stated in sub-para 13.1 and 13.2 herein above written then all the instruments under whatsoever head executed between the parties hereto or between the Promoter and Allottee/s herein respect of the said apartment, shall stands automatically cancelled and either party have no right, title, interest or claim against each other except as provided hereinafter. 14 DEFECT LIBILITY If within a period of five years from the date of handing over the apartment to the allottee, the allottee brings to the notice of the Promoter any structural defect in apartment of the building in which the apartment are situated or any defect on account of workmanship, quality or provision of service, then, wherever possible such defect shall be rectified by the promoter at his own cost and in case if it is not possible to rectify such defects, then the allottee shall be entitled to receive from the promoter, compensation for such defect in the manner as provided under the act. Provided however, that the Allottee/s shall not carry out any alteration of the whatsoever nature in the said apartment of phase /wing and in specific the structure of the said unit/wing/phase of said building which shall include but not limit to columns, beams etc. Or in the fittings therein, in particular it is hereby agreed that the allottee/s shall not make any alteration in any of the fittings, pipes, water supply connections or any erection or alteration in the bathroom, toilet and kitchen, which may result in seepage of the water. If any of such works are carried out without the written consent of the promoter the defect liability automatically shall become void. The word defect here means only the manufacturing and workmanship defect\s caused on account of wilful neglect on the part of the Promoter, and shall not mean defect\s caused by normal wear and tear and by negligent use of apartment by the Occupants, vagaries of nature etc. That it shall be the responsibility of the allottee to maintain his unit in a proper manner and take all due care needed including but not limiting to the joints in the tiles in his flat are regularly filled with white cement\epoxy to prevent water seepage. Further where the manufacturer warranty as shown by the developer to the allottee ends before the defects liability period and such warranties are covered under the maintenance of the said unit\building\phase\wing, and if the annual maintenance contracts are not done\renewed by the allottee\s the promoter shall not be responsible for any defects occurring due to the same. That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors\ manufacturers that all equipment’s, fixtures and fittings shall be maintained and covered by maintenance\warranty contracts so as it to be sustainable and in proper working condition to continue warranty in both the flats and the common project amenities wherever applicable. That the allottee has been made aware and that the allottee expressly agrees that the regular wear and tear of the unit\building\phase\wing includes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20*C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of the allottee, it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and shall then submit a report to state the defects in materials used, in the structure built of the unit\phase\ wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of this agreement. 15. FORMATION OF ORGANISATION OF APARTMENT HOLDERS:- 15.1. Considering the Promoter herein is carrying on the construction\ development on the said land as aforesaid and further to have the maintenance of building\s and common facilities more conveniently, there will be one or more association of allottees by way of ‘Declaration of Apartment’ or as such may be formed by prevailing local laws as may be applicable to the said project, which the Promoter shall decide as suitable for the apartment holders in the said project which is under construction on the said land. 15.2 The Allotee along with other allottee(s)s of Apartments in the building shall join in forming and registering the Association of Apartment by way of ‘Declaration Of Apartment’ under Maharashtra Ownership Act 1970 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, so as to enable the Promoter to register the common organisation of Allottee. No objection shall be taken by the Allottee if any, changes or modifications are made in the draft bye-laws, or the Memorandum and\or Articles of Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies, as the case may be or any other Competent Authority. 15.3 The Promoter shall, of registration of the Association as aforesaid, cause to be transferred to the Association all the right, title and the interest of the Vendor\Lessor\Original Owner\Promoter and\or the owners in the said structure of the Building or wing in which the said Apartment is situated. 15.4. The Promoter shall, (mention date) of registration of the Federation\apex body of the Societies of Limited Company, as aforesaid, cause to be transferred to the Federation\Apex body all the right, title and the interest of the Vendor\Lessor\Original Owner\Promoter and\ or the owners in the project land on which the building with multiple wings or buildings are constructed. 16. CONVEYANCE OF THE SAID APARTMENT:- The Promoter, on receipt of complete amount of the Price of the said Apartment under the Agreement from the Allottee, shall execute a conveyance deed and convey the title of the said unit not later than .................. years and with proportionate indivisible share in the Common Areas on date-........................ to the society\association\federation\limited company (Please pick any one and follow the same throughout) as may be formed all the right, title and interest of promoter\original owner\Lessor\ in the aliquot part of the said land i.e. said project referred in Schedule-II unless the above stated period is not clearly mentioned, it is otherwise agreed to by and between the parties hereto within 3 (three) months from the issuance of the occupancy certificate. However, in case the Allottee fails to deposit the stamp duty, registration charges and all other incidental and legal expenses etc. So demanded within the period mentioned in the demand letter, the Allottee authorises the Promoter to withhold registration of the conveyance deed in his\her favour till full and final settlement of all dues and stamp duty and registration charges to the Promoter is made by the Allottee. 17. PAYMENT OF TAXES, CESSES, AND OUTGOINGS ETC:- 17.1 The purchaser\s herein is well aware that, the State Government of Maharashtra has imposed value added tax (VAT) on the agreed consideration, for the transaction for sale of apartment by the Promoter to the Allottee of the apartments under the Value Added Tax Act 2002 and as per the aforesaid act responsibility to pay the aforesaid tax form time to time and hence it is agreed between the parties hereto that, the Allottee\s herein shall bear and pay the aforesaid tax amount on or about execution of this present or as becomes applicable from time to time for this transaction, to the promoter herein to enable the Promote to deposit\ pay the same to the Government of Maharashtra. 17.2 The Allottee\s herein is well aware that, the Central Government of India has imposed GST on construction for the sale of apartments by the Promoter to the Allottee\s and as per the aforesaid act responsibility to pay the aforesaid tax from time to time to the Central Government and State Government has been imposed on the Promoter and hence it is agreed between the parties hereto that, the Allottee\s herein shall bear and pay the aforesaid tax amount on every instalment of payment of consideration. 17.3 If at any time, after execution of this agreement, the service tax and Value Added Tax (VAT), GST etc is imposed\increased under respective statute by the central and state government respectively and further at any time be before or after execution of this agreement any additional taxes\ duty\ charges\ premium\ cess\ surcharge etc., by whatever name called, is levied or recovered or becomes payable under any statute\rule \regulation notification order\either by the Central or the State Government or by the local authority or by any revenue or other \ authority, on the said apartment or this agreement or the transaction herein, shall exclusively be paid\borne by the Allottee\s. The Allottee\s hereby, always indemnifies the Promoter from all such levies, cost and consequences. Provided that the Promoter shall provide to the Allottee the details of the taxes paid or demanded along with the acts\rules\notifications together with dates from which such taxes\levies etc. Have been imposed or become effective; 17.4 Within 15 days after notice in writing is given by the Promoter to the Allottee that the Apartment is ready for use and occupancy, the Allottee shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Apartment) of outgoings in respect of the project land and Building\s namely local taxes, betterment charges or such other levies by the concerned local authority and\pr Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the project land and building\s as stated and defined as attached herewith in Annexure G..............Until the Society or Limited Company is formed and the said structure of the building\s or wings is transferred to it, the Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee’s share is so determined the Allottee shall pay to the Promoter provisional monthly contribution of Rs.................per month towards the outgoings. The amounts so paid by the Allottee to the Promoter shall not carry any interest and remain with the Promoter until a conveyance\assignment of lease of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance\ assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 17.5 Notwithstanding anything contents stated herein above, the liability to pay the aforesaid taxes, outgoings, other charges etc., will be always on Allottee\s of the said apartment and if for whatsoever reason respective Recovering Authority got recovered the same from the Promoter in such circumstances the Promoter herein shall be entitled to recover the same from the Allottee\s along with interests and Allottee\s herein shall pay the same to the Promoter within stipulated period as may be informed by the Promoter to the Allottee\s in writing. It is further specifically agreed that, aforesaid encumbrance shall be on said apartment being first encumbrance of Promoter. The Allottee\s herein with due-diligence has accepted the aforesaid condition. 17.6 That the allottee are made aware and expressly agree herein that where the project is out of water supply zone of the local authority and there is likely to be low water supply from the local authority and the allottee shall have to pay for the water charges either by tanker or any other form 18. DEPOSITS BY ALLOTTEE\S WITH THE PROMOTER- The Allottee shall on or before delivery of possession of the said premises keep deposited with the promoter, the following amounts:- (I) Rs. ................... for share money, application entrance fee of the society or Limited Company\Federation\Apex body. (II) Rs. ................... for formation and registration of the Society or Limited Company\Federation\Apex body. (III) Rs. ..................... for proportionate share of taxes and other charges\levies in respect of Society or Limited Company\Federation\Apex body. (i) Rs. .................... for deposit towards provisional monthly contribution towards outgoings of society or Limited Company\Federation\Apex body. (ii) Rs.................... for Deposits of towards Water, Electric, and other utility and services connection charges & (iii) Rs..................... for deposits of electrical receiving and Sub Station provided in Layout. 19. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER:- The Promoter hereby represents and warrants to the Allottee as follows: a) The Promoter has clear and marketable title with respect to the project land; as declared in the title report annexed to this agreement and has the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for implementation of the Project; b) The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the project; c) There are no encumbrances upon the project land or the Project except those disclosed in the title report; d) There are no litigations pending before any Court of law with respect to the project land or Project except those disclosed in the title report; e) All drawings, sale plans, other drawings are as given to the Promoter by the appointed Architect, Structural Consultants, other consultants, the developer has thus disclosed the same to the allottee and the allottee is aware that professional liability have been undertaken by Them individually with the developer which shall prevail on these consultants individually or cumulatively if there is any loss\harm is caused to the allottee and based on these said details of the drawings an the calculations and areas shown, the allottee has agreed to take the said unit. f) All approvals, licenses and permits issued by the competent authorities with respect to the Project, and said building\wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Project, project land and said building wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building\wing and common areas; G) The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Allottee created herein, may prejudicially be affected; h) The Promoter has not entered into any agreement for sale and\or development agreement or any other agreement\arrangement with any person or party with respect to the project land, including the Project and the said [Apartment\Plot] which will, in any manner, affect the rights of Allottee under this Agreement; i) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment] to the Allotee in the manner contemplated in this Agreement; j) At the time of execution of the conveyance deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Allottees; k) The Promoter has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and\or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; l) No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoter in respect of the project land and\or the Project except those disclosed in the title report. 20. COVENANTS AS TO USE OF SAID APARTMENT:- The Allottee\s or himself\themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Promoter as follows for the said Apartment and also the said project in which the said Apartment is situated. a. To maintain the Apartment at the Allottee’s own cost in good and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to the building in which the Apartment is situated which may be against the rules, regulations or bye-laws or change\alter or make addition in or to the building in which the Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. b. Not to store in the Apartment any goods which are of hazardous, combustible or dangerous nature or are so heavy as to damage the construction or structure of the building in which the Apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. c. To carry out at his own cost all internal repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Promoter to the Allottee and shall not door suffer to be done anything in or to the building 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. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and\or other public authority. d. Not to demolish or cause to be demolished the Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Padre or other structural members in the Apartment without the prior written permission of the Promoter and\or the Society or the Limited Company e. Not to do or permit to be done any act or thing which may render void or voidable any insurance of the project land and the building in which the Apartment is situated or any part there of or whereby any increased premium shall become payable in respect of the insurance. f. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the project land and the building in which the Apartment is situated. g. Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Apartment is situated. h. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any which are imposed by the concerned local authority and\or Government and\or other public authority, on account of change of user of the Apartment by the Allottee for any purposes other than for purpose for which it is sold. i. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up. j. The Allottee shall observe and perform all the rules and regulations which the Society or the Limited Company or Apex Body or Federation 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 shall also observe and perform all the stipulations and conditions laid down by the Society\Limited Company\Apex Body\Federation regarding the occupancy and use of the Apartment in the in Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. k. Till a conveyance of the structure of the building in which Apartment is situated is executed in favour of Society\Limited Society; the Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof. l. Till a conveyance of the project land on which the building in which Apartment is situated is executed in favour of Apex Body or Federation, the Allottee shall permit the promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter. Into and upon the project or any part thereof to view and examine the state and condition thereof. m. That the allottee shall indemnify and keep indemnifying the promoter towards against any actions, proceedings, cost, claims and demands in respect of any breach, non-observance or non-performance of such obligations given specifically herein to the allottee. n. That any nominated surveyor\architect appointed for specific purposes stated in this covenant the fees of which shall be mutually decided by and between the promoter and the allottee and the same shall be paid by the ..............as agreed mutually. o. That nothing herein contained shall construe as entitling the allottee any right on any of the adjoining, neighbouring or the remaining buildings\common areas etc of the remaining portion of the proposed project layout unless specifically agreed and consideration dispensed by the allottee to the developer in this regards. p. That the parking spaces sold to eh allottee shall be used only for the purposes of parking and that the said space is designed and made for use of parking a vehicle of not more than .......... tonnes and not more than ........... height. That this has been clearly made aware to the allottee and the same has been agreed by the allottee to follow. (Please add any other obligations that are necessary form your project point of view that the allottee\s must undertake to follow) 21. NAME OF THE PROJECT\BUILDING\S\WING\S:- Notwithstanding anything contained anywhere in this agreement, it is specifically agreed between the parties hereto that, the Promoter herein has decided to have the name of the Project “JAJOO NAIK’S AMAR VRINDAVAN APARTMENT” and building will be denoted by letters or name WING-D or as decided by the promoter and further erect or affix Promoter’s name board at suitable places as decided by the Promoter herein on a building and at the entrances of the scheme. The allottees\s in the said project\building\s or proposed organisation are not entitled to change the aforesaid project Name and remove or alter Promoter’s name board in any circumstances. This condition is essential condition of this Agreement. 22. ENTIRE AGREEMENT AND RIGHT TO AMEND:- This Agreement, along with its schedules, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said apartment. This agreement may only be amended through written consent of the Parties. 23. SEPARATE ACCOUNT FOR SUMS RECEIVED:- The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee\s towards total price\consideration of the said apartment and as advance or deposit sums received on account of the share capital for the formation of the Co-operative Society or a Company or any such legal entity\organisation that may be formed, towards the out go8ings, legal charges etc. Provided that the Promoter shall be allowed to withdraw the sums received fro, the Allottee\s and utilise the same as contemplated and permitted under the said act and rules and regulations made thereunder. 24. RIGHT OF ALLOTTEE TO USE COMMON AREAS AND FACILITIES SUBJECT TO PAYMENT OF TOTAL MAINTENANCE CHARGES:- The Allottee hereby agrees to purchase the Apartment on the specific understanding that is\her right is to only to the use and unless specifically allotted\given vines (limited) common areas\ facilities, the use of the Common Areas\amenities shall be subject to timely payment of total Maintenance charges, as determined and thereafter billed by the maintenance agency appointed or the association of allottees (or the maintenance agency appointed by it and performance by the Allottee of all his\her obligations in respect of the terms and conditions specified by the maintenance agency or the association of allottees from time to time. That the list of things that would be covered under the maintenance head are clearly stated and which the allottee has expressly agreed to pay for (fully\proportionately) and marked and attached as Annexure G 25. MEASUREMENT OF THE CARPET AREA OF THE SAID APARTMENT:- The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area, subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Architect of the project. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand additional amount from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in clause 2 of this Agreement. That in such a case, the parties hereto agree that a nominated surveyor \ architect as an expert be appointed mutually to take his expert opinion of measuring the said unit and submitting the said details. 26. PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE\SUBSEQUENT ALLOTTEES It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the said project shall equally be applicable to and enforceable against any subsequent Allottees of the Apartment, in case of a transfer, as the said obligations go along with the Apartment for all intents and purposes. That the allottees agree that they shall not object to any easement rights that need to be given to any person in and around the said project and shall neither object to any such proceedings of land acquisition undertaken by a government agency including any compensation\benefit given to the promoter in turn for which no conveyance ahs occurred to the ultimate body expressly stated in this agreement and for which no consideration is specially dispensed by the allottee to the promoter for the same; save and except his right to enjoy and use the unit purchased by him and any other rights given by the developer to the allottee for which consideration has been dispensed. 27. REGISTRATION OF THIS AGREEMENT:- The Promoter herein shall present this Agreement as well as the conveyance at the proper registration office for registration within the time limit prescribed by the Registration Act and the Allottee\s will attend such office and admit execution thereof, on receiving the written intimation from the Promoter. 28. PAYMENT OF STAMP DUTY, REGISTRATI8ON FEE& LEGAL CHARGES:- The Allottee/s herein shall bear and pay stamp duty and registration fees and all other incidental a charges etc. In respect of this agreement and all other agreements or any final conveyance deed which is to be executed by the Promoter in favour of Allottee/s or Association/Society i.e organisation as may be formed in which the Allottee/s will be the member. The Allottee shall also pay to the Promoter a of Rs. ........................ for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at-Law/Advocates of Promoter in connection with formation of the said Society, or Limited Company, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance or assignment or lease. 29. WAIVER NOT A LIMITATION TO ENFORCE 29.1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee in not making payments as per the Payment Plan including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee that exercise of discretion by the Promoter in the case of one Allottee shall not be construed to be a precedent and/or binding on the Promoter to exercise such discretion in the case of other Allottees. 29.2 Failure on the part of the Promoter to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision. 30. 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 reasonable 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. 31. PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the promoter through its authorised signatory at the Promoter’s Office, or at some other place, which may be mutually agreed between the Promoter and the Allottee, in ______________after the Agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at _____________. 32. NOTICES That all notices to be served on the Allottee and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Registered post at their respective addresses specified below: ________________Name of Allottee ________________(Allottee Address) M/s_____________ Promoter name ________________(Promoter Address) It shall be the duty of the Allottee and the promoter to inform each other of any change in address subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the promoter or the Allottee, as the case may be. 33. JOINT ALLOTTEES 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. 34. GOVERNING LAW That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force. 35. DISPUTE RESOLUTION (If the parties wish to add herein an arbitration clause for the purpose of interpretation of the clauses of this agreement, they can be free to do so) All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicable by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act. LIST OF SCHEDULES SCHEDULE – I All that piece and parcel of the Lease Hold Land bearing Plot No 29,Sector- P45A, Neighbourhood –Vaishakh, Patil Nagar, CIDCO, Nashik, in the Registration Sub-District of Nashik, admeasuring 2682.62 Sq.Mtr towards North side of total plot admeasuring 4382.62 Sq.Mtrs., On or towards East : Naik Farm, Nashik Shivar On or towards West : 15 Mtr Road On or towards North : Plot No-26,27,28 On or towards South : Part area of Plot No-29 admeasuring 1700.00 Sq Mtr Developed by Gargi Anand SCHEDULE - III All that piece and parcel of the premises bearing Flat No._____of the type --------- in Wing- having Carpet Area of ---------- Sq.Mtrs , Balcony Area _________ Sq.Mtrs and exclusive Attached Terrace Area--------- Sq.Mtrs on ________ floor in Jajoo Naik’s Amar Vrindavan Apartment being constructed in the said project along with Covered Parking No- __________ . situated at Shivar Nashik, CIDCO within the limits of Sub-Register– Nashik On or towards East : On or towards West : On or towards North : On or towards South : Garage/Covered parking No_____ with boundaries in four directions as below. On or towards East : On or towards West : On or towards North : On or towards South : SCHEDULE VI SCHEDULE-IV ANNEXURE –G SPECIFICATION:- 1)Structure: - R.C.C Earthquake resistant building as per IS Code. 2)Brickwork:- External Wall- 9’’ thick & 6’’ thick Brick work or 4’’thick RCC pardi. Internal wall-4” thick brick work 3)Plaster-a)External - Double coat sand face plaster. b)Internal – Bedroom/ Toilets with Neru Plaster. Kitchen / Living with Gypsum Finish Plaster. 4) Flooring/Wall tiles:-a)Internal flooring 600 mm x 600 mm Vitrified tiles with 2 ½’’ vitrified skirting (Make- Asian, Johnson, City or equivalent). b)Attached Terrace Flooring:- 300mmx300mm ceramic Antiskid Flooring with 5 mm grove with base –coat of Cement Ghotai water proofing. c)Common Terrace Flooring (Roof)- Chaina Mosaic water proofing laid on brick bat coba. d)Bathroom Flooring- 300mm x 300 mm Anti-Skid ceramic tiles. e) Washing Place balcony- i)Flooring- Kota stone flooring ii) Wall tiles- 200mmx 300mm white ceramic tiles dado up to 2’6” height. e)Bathroom Dado- 300mm x 450mm Ceramic Tiles up to Lintel Level. f)Kitchen Dado- 300 mm x 450 mm Ceramic tiles dado above kitchen platform upto lintel level. g)Basin Dado- Ceramic tiles of 300mm x450 mm upto 4’0’’ ft height from floor level. h)Parking- Rubber Mould paving block for covered & non covered car parking. 5)Kitchen Platform:- 70 cm wide & appx. 2400 mm long granite kitchen platform with 300 mm x 600 mm paniyara for keeping drinking water container. Two bib cock 1 for boar well water & 1 for drinking water. Kitchen Sink- 400 mm x 550 mm stainless steel sink. 6)Service Platform:- 400 mm wide & length between 1600 to 1750 mm 7)Window Sill- 3’’ (75mm) Granite window sill with side polish on front. 8)Doors :- a)Granite door frame with side polish for toilets. 9)b)Main door- 19 mm water proof plywood door frame & 30 mm thick ISI mark water proof flush door with 0.8 mm thick formica ( laminate) finish on plywood surface on both sides of door & frame. c)Fixtures to Doors:- i)Main door:- Stainless steel, matt/brush finish Aldrop from outside, tadi, Door chain, tower bolt of SS matt/ brush finish. S.S Hinges –4’’x1’’ with S S screw. Dead lock for main door ( Make- Europa, Godrej or equivalent) ii)Internal Doors- Cylindrical Mortise Lock With S.S brush finish for all doors 6’’ tower bolt with S.S. brush finish from inside. 10)Window:- a)¾’’ Three Track powder coated Aluminium window with Aluminium mosquito net shutter & 3.5 mm clear float glass shutters. (Aluminum Section- Jindal, Galco,Super Fine or Equivalent) ( Glass- Saint Goben, Modi, Asai or equivalent) b)Living to balcony door shutters – 1’’ Series 4 track powder coated aluminium window with built in mild steel safety grill in 10 mm bright bar with aluminium mosquito net. c)Toilet Window- 4’’ x1’’ Aluminium Section with 3’’ louvered opaque glass fitting & provision for exhaust fan. 11)Plumbing :-a)External Sewerage Lines- Down take single stak lines of 110 mm / 75 mm SWR grade (type A) PVC pipe & fittings (Make – Astral, Finolex or equivalent) b)Drainage Lines – 150 mm /100 mm PVC (4kg/cm2) pipe with required chambers. c)Water Lines – i)External – Open U-pvc plumbing line of required size with required fixtures (Make- Astral, Finolex, Ashirwad or equivalent) ii) Internal Lines- Upvc/cpvc concealed plumbing of required diameter. (Make- Astral, Finolex, Ashirwad or equivalent) 12)Toilet Fixtures :-a)Attached Toilet Bathroom- White Wall Hung (EWC with seat cover Make- Parryware, Johnson, Hindware or equivalent) with concealed flush valve for flushing, two way bibcock & Health faucet Wall mount open type mixer cock with overhead shower arrangement. (Make- Jauguar, plumber, Aquel or equivalent.) b)Basin- 500 mm x 350mm or 560mm x 400 mm white wall hung basin with waste coupling pvc outlet & pvc connection with angle cock at bottom & pillar cock (Make- Parryware, Johnson, Hindware or equivalent) c)Common Toilet Bathroom :- i)23’’ orisa pan (Make- Parryware Johnson, Hindware) with flush tank with dual flushing system. (Make- Commander, Parryware or equivalent) bibcock, Wall mixer with overhead shower. ii)Basin – 18’’ x 13’’or 16’’x 12” white wall mount basin with waste coupling, PVC outlet, PVC connection, one angle cock & one pillar cock. iii)Washing Place- One Bib cock for washing, Nasal Cock & outlet pipe for washing machine. 13)Electrical :-(Wire Make- Polycab/Finolex/Vishal or equivalen a)Flat Mains:- From Electrical meter to flat – 4 sq.mm. copper wire mains & 1sq.mm. earthing wire. b)Living- Two Light point, One Plug point, One Fan point with regulator, One T.V Point (cable)+ Two half electrical point for screen & set top box, One Tele phone point ,One Video Phone plug point, One Bell point (external side of door),One light point for Balcony. b)Kitchen & Dining:- Two Light point,Two fan point ,One Water purifier point ,Two 15 A plug point for Fridge & Microwave, One 5 A plug (mixer & hand mixer c)Washing Place :-One Light Point, One 15 A plug point for washing machine. d)Common Toilet: One Light Point, One exhaust fan point, One 15 A power point for Geyser. e)Passage:- One Light Point, One Plug Point,One Wi-Fi plug point with Telephone connector f)Bed Rooms:- One Two Way Light Point ,One Light Point , One Fan point with regulator at bed, Foot Light point. One Plug point at bed. g)Attached toilet:-One Light Point, One exhaust fan point , One 15 A power point for geyser, One plug point 14)Colouring :-a)External Paint – One coat of white cement primer & two coats of semi acrylic paint with approved shed from Architect. ( Make- Asian, Sheryn Williams, Axznobel(ICI), Nippon paints or equivalent) b)Window Grill- One coat of red oxide primer & two coats of 1st quality oil paint. c)Internal Paint- i)Walls/ Ceiling- One coat wall care putty with two coats of acrylic emulsion paint. SCHEDULE V & VI COMMON AMENITIES & AREA :- a) Staircase:- Common staircase shall be used by the members of residential unit of building. Kota stone Flooring for Landing & Kota stone trades with vitrified / ceramic tiles riser. 21/2’’ Vitrified Skirting for staircase & landing. b) Lift- Six passenger capacity (408Kg capacity) VVVF type with Ground + 4 Upper Floor openings and 5 stop with M.S. collapsible door for car entrance and M.S. powder coated Swing door for Hoist way entrance. Car/Cabin- protected by Mild Steel powder coating decorative sheets. Door Operation-Manual ( Make-Power Link Elevators, Kone, Schindler, Otis, Johnson or equivalent) with battery Backup. This lift & battery backup provided to particular wing will be the common property of that wing. c) Internal Road- 8’’ thick WBM roads + 4’’ thick 1:3:6 PCC + 6’’ thick Trimix Concrete road. d)Gate- 5’0’’ Height M S. Fabricated Gate for Entrance. f)Green Gym Equipment 4 Nos g)Children’s play equipments 3 Nos h)Garden with natural Lawns, Benches, trees as per landscape design. Garden area & the equipment therin is the common property of the all members. i) Underground & Overhead Watertank constructed exclusively for the Wing is common property for the member of that wing. j) Common Electric Meter & Light Fittings for particular wing will be the common property of the members of that wing. l) 4mtr x 4mtr Hall as shown in municipal drawing will be the common property of the all members. RESTRICTED AREA & FACILITES:- i) Garage No-1(towards east side) – Out of two garages Garage No-1 is restricted area for the use of land owners i.e Shankar Vithoba Naik & family. ii) Garage No-2(towards west side) – Restricted area for Promoter. He can allot this to any member of the building on any terms and conditions. iii) Covered Parking below stilt- This is restricted area of the promoter. He can allot this to any member of the building on any terms and conditions. iv) Terraces attached to Flat No- C-1,C-2, Flat No-D-3,D-4 Flat No-D-13,D-14 area the restricted area for the use of said flats. v) The Terrace Area on particular wing will be the restricted area of the members of that wing. Only members of particular wing can use terrace above that wing. vi) Open Parking area is restricted area for parking for the members excluding the members who has covered parking area facility. LIST OF ANNEXURES- ANNEXURE-A = Copy of the Certificate of the title issued by the advocate ANNEXURE-B = Copy of the Index- II showing lease hold rights of Shree. Shankar Vithoba Naik. ANNEXURE-C1 = Copy of Commencement Certificate. ANNEXURE-C2/C2A/C3/D/E = Copy of the Authenticated copies of plans of the layout & proposed building plan and development. ANNEXURE-F = Authenticated copy of the registration certificate of project granted by RERA. ANNEXURE-G = List of Items that would be covered as Maintenance of the Project. ALLOTMENT LETTER To, Date- Mr. /Mrs. Pan No:- Aadhar No:- Address:- Subject : Allotment of Flat No- References : Your application dated _________ for allotment of apartment Sir/ Madam You have submitted you’re above referred application (said “APPLICATION”) to us for allotment of an apartment as detailed below (said “Flat”) Particulars Details Flat No :- Wing :- Floor Area :- Area (Carpet) :- Balcony (if any) :- Terrace (if any) :- Name of the Project :- Jajoo Naik’s Amar Vrindavan Apartment Address of the Project :- Plot No-29, Sector P-45A, Neighbourhood- Vaishakh, Patil Nagar, CIDCO, Nashik-422008, After receiving the said Application we have given you disclosure of various documents/ information in respect of the land on which the above said project is being developed and in respect of the said flat as envisaged under The Real Estate Regulation and Development Act, 2016. By this Allotment letter you are hereby allotted the said apartment subject to the terms and condition mentioned herein below: 1) The Cost details in respect of the said Apartment shall be as tabulated hereunder: SR. NO DETAILS AMOUNT IN RUPEES Price Consideration of the said Apartment including balconies and terrace attached 1. ( If Any) including proportionate price of Rs. ________________/- the common area and facilities appurtenant to the said Apartment. Price for covered parking Space (If 2 Rs. ________________/- Allotted) Stamp Duty (including LBT, if applicable ) in respect of the above said price 3 Rs. ________________/- consideration (Subject to change as per State Government Policy) Rs. ________________/- 4. Registration fee Applicable GST (Subject to change as per Rs. ________________/- 5. decision of Government) Maintenance Deposit towards corpus fund Rs. ________________/- 6 to be paid to Society/ Apartment Rs. ________________/- Total We have received from you an amount of Rs. ____________/-(Rupees ______________ only) by a cheque dated __________ for Rs. ________ bearing No. ___________ drawn on ____________ bank, branch __________ towards advance payment (said “ADVANCE PAYMENT” and we have issued by a receipt in that regard. 2) The balance amount shall be paid by you to us as per payment schedule that will be mentioned in the agreement for sale in respect of the said Flat (Said “AGREEMENT) Other terms and conditions of allotment of the said apartment 1. You have seen and verified plans, designs and specification of the said building prepared by the Architect and hereby you decide to agree for the same. 2. Price Consideration of Apartment/Flat is excluding the amount of Stamp duty, registration fees, GST, TDS as shown above and is subject to change depending on government policy. You shall pay the amounts towards stamp duty, registration fee, GST prior to registration of the said Agreement as and when demanded by us. You shall pay the applicable GST on each of the instalment payable to us; and shall pay TDS if applicable of you own and give us certificate in that regard. 3. You have received detailed specification and amenities to be provided by us for above said apartment. You hereby accept and acknowledge the same. 4. We will hand over to you a copy of “User Manual” in respect of use inter alia of the said Flat, Fixtures and fitting of the said Flat and common facilities and amenities or common area of the abovesaid Project at the time of possession and you have agreed to follow instructions of the said User Manual Strictly. 5. You shall approach us on the mutually fixed date to execute the said Agreement. Thereafter, within a period of 30 (thirty) days you shall make yourself available for registration of the said Agreement as and when intimated by us. In case you fail to execute and register the said Agreement within a period of 30 (thirty) days from the date of execution of the said Agreement, we shall be entitled to cancel allotment of the said flat to you by cancelling this Allotment Letter by giving written notice of 15 (fifteen) days. 6. If you intend to cancel allotment of the said Apartment to you, you shall submit to us “Application for Cancellation of Allotment” in our prescribed format alongwith original copies of receipt/s issued by us. In case the original receipts have been lost by you, you shall submit to us a dully notarised affidavit-cum indemnity in our prescribed format at you own cost. 7. In case of cancellation of allotment of the said Flat to you either on our part or on your part, as detailed above, we shall be entitled to deduct an amount of Rs.100000/-(Rupess:-One Lakh only) from the abovesaid Advance Payment and refund the balance of the same to you without any interest thereon (said “REFUND AMOUNT) 8. If there is more than one Allottee, the Cheque of the said refund amount shall be drawn in favor of the person from whose account we have received the same. 9. Once the allotment of the said Flat to you is cancelled as above, you shall cease to have any claim on the said apartment and we shall be entitled to dispose of the same at our own desecration. Thanks and regards, M/s. Amar Buildtech Pvt Ltd Director, (Mr.Sujit R. Jajoo) Acceptance of Allotment of the said Flat I / we hereby acknowledge to have checked the said disclosures and have received copy of requisite documents related to title, drawings, and specification of the abovesaid flat along with schedule of balance payments. We have read and understood the abovesaid Allotment Letter and we hereby accept the allotment of the said Apartment from you subject to abovesaid terms and conditions. We have received following documents along with allotment letter & we hereby acknowledge the same. 1) Commencement Certificate (Xerox copy) 2) Title Certificate from Advocate (Xerox copy) 3) Development Agreement (Xerox copy) 4) Lease Deed (Xerox copy) 5) Building Plan (3sheets) (True Copy) 6) Specification of Apartment. Thanks and regards, (Name and Signature of the Allotee)