LETTER OF ALLOTMENT Date: - To, …………… …………… …… (Hereinafter referred to as ‘Allottee’) Subject: Allotment of Residential Unit No…………. in the project known under the name Hari Aakruti Phase II situated at Village Nashik, Taluka Nashik and District Nashik. Reference: Booking Form (Application) No……….. Details of Applicant and Unit allotted are as hereunder: Full name of Allottee (Applicant) Full name of Joint Allottee (Co- Applicant) (if any) Allottee’s and Joint Allottee’s (if applicable) Residential Address (Permanent) E-mail ID for correspondence Unit No. Name of Building Hari Aakruti Phase II Floor No. Type of Unit Carpet Area Area of Balcony Space/s (if any) Area of attached Terrace/s (if any) Area of Garden Space/s (if any) Common Area/s (if any) *Note: Any change in the personal details of the Allottee and/or joint Allottee has to be intimated to the Developer for updation of its records in a prompt manner It is our pleasure to inform you that the Unit booked by you via the aforementioned Booking (Application) Form and thus provisionally allotted to you is now being finalized subject to the terms and conditions as stated in these presents and as are appearing hereunder: Terms and Conditions 1. Upon issuance of this Letter of Allotment, the Allottee and/or joint Allottee shall be liable to pay the aforesaid Consideration Value and the Society and Other Charges as specified in Annexure “B” hereto together with the applicable government taxes and levies as per the Schedule of Payments specified in Annexure “A” hereunder, time being the essence of this transaction as envisaged herein. 2. The Allottee and/or joint Allottee shall, in relation to the Unit, make all payments to the Developer from his/her/its own bank account and not from and through the bank accounts of any third parties. If in the event such third party bank accounts are used the Allottee and/or joint Allottee, he/she/it/they alone shall be responsible and liable in relation to the payments made by any third parties. Notwithstanding the aforesaid, the receipts for the payments made in relation to the Unit shall be issued in favour of the Allottee and/or joint Allottee only. 3. The Allottee and/or joint Allottee agrees and undertakes to be bound by and perform all the obligations and the terms and conditions contained in the Booking (Application) Form and this Letter of Allotment, including timely payment of amounts stated hereunder. 4. In the event the Allottee and/or joint Allottee fails or neglects to comply with any of his obligations under the Booking (Application) Form/ Letter of Allotment, including (but not limited to) making payment of all due amounts as per Schedule of Payments stated in Annexure “A” hereto (and interest thereon, if any) the Allottee and/or joint Allottee shall be deemed to be in default. In the event of such default, the Developer shall issue notice to the Allottee and/or joint Allottee of such default and the Allottee and/or joint Allottee shall be provided with a further period of 15 days from the date of such notice to cure the said default. In the event the Allottee and/or joint Allottee fails to cure such default within 15 days from the date of notice of such default (or such default is not capable of being cured), the Developer shall reserve the option to cancel the allotment of the Unit, by sending a termination letter by Speed Post and/or email correspondence. On such termination, the following shall apply: a) The allotment/booking/Agreement to Sell for the Unit(s) shall stand immediately terminated and the Allottee shall have no right whatsoever with respect to the Unit(s), save and except the right to receive Refund Amount as per (b) below. b) All amounts paid to the Developer by the Allottee towards Consideration Value or part thereof (excluding interest and taxes thereon) after deducting therefrom the Liquidated Damages amounting to 10% of the Total Consideration (“Refund Amount”) shall be refunded. The payment of the Refund Amount shall be subject to deduction thereon of tax at source and/or other applicable government levies and taxes be they direct or indirect in nature. For sake of clarity, the interest and/or taxes paid on the Consideration Value shall not be refunded upon such cancellation/ termination. In the event, the amounts paid by the Allottee and/ or joint Allottee towards Consideration Value is less than the Liquidated Damages, the Allottee and/or joint Allottee shall be liable and agrees to pay to the Developer the deficit amount of Liquidated Damages. 5. All overdue payments shall attract interest at 2% + prevailing SBI MCLR rate, from the dates they are due and payable till realization. It is clarified that payment of such interest shall be without prejudice to the other rights and remedies available to the Developer, including the right to cancel/terminate the allotment and/or claim losses/damages incurred or suffered in that regard as the case may be and in accordance with the laws laid down in this regard. 6. 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 entities from time to time. 7. The Developer shall endeavor to make available the Unit for Possession (for fit outs) of on or before ______________ subject to the Allottee and/ or joint Allottee not being in breach of any of the terms of the Application Form/Letter of Allotment/ Agreement to Sell. In the event of any force majeure situations (including but not limited to inordinate delay in issuance of NOCs/ connections/ approvals/ licenses from the competent local authorities and/ or judicial or regulatory orders), the date of such possession for fit outs shall stand extended accordingly, complete clarity in this regard shall be rendered by the Developer to the Allottee and/or joint Allottee. 8. The unit cannot be let, sublet, re-sold or transferred to any third party by the Allottee and/or joint Allottee till all amounts in relation to the Unit have been received by the Developer and the Allottee and/ or joint Allottee has taken possession of the Unit. 9. The Allottee and/or joint Allottee agrees not to do or omit to do any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Project/ Building or the Developer or its associates or its representatives without just cause and reason. In the event, the Allottee and/ or joint Allottee does or omits to do any such act, deed or thing with malicious intent then it shall constitute an event of default and the Developer shall be entitled to proceed as per the provisions of this Allotment Letter and the law applicable in this regard . 10. The Allottee and/or joint Allottee hereby agrees that the Developer shall be entitled to recover/ set off/ adjust from the amounts if any, payable by the Allottee and/ or joint Allottee to the Developer including the Consideration Value, the Society and Other Charges, interest and /or Liquidated Damages provided the rationale behind the same is justifiable and reasonable. The Allottee and/or joint Allottee agrees and undertakes not to raise any objection or make any claims with regard to such adjustment / set off and the claims, if any, of the Allottee and/or joint Allottee, in that regard, shall be deemed to have been waived. 11. This Letter of Allotment shall be governed and interpreted by and construed in accordance with the laws of India and the Courts of Nashik District in particular. Any dispute shall be attempted to be primarily settled by a sole arbitrator appointed by the Developer and Allottee and/or joint Allottee jointly prior to approaching any court of law and/or ancillary forum and the said arbitration shall be in accordance with the provisions of the Arbitration and Conciliation Act, 1996. I would like to take this opportunity to thank you for the trust that you have reposed in us, and assure you of our best services at all times. Warm Regards, For, Karda Constructions Limited, (Authorized Signatory) ANNEXURE A PAYMENT SCHEDULE Particulars Percentage Amount (in Rs.) At the time of booking 10% Immediately after 10% agreement After completion of 15% Plinth After completion of 1st 20% Slab After completion of 2nd 15% Slab After completion of 5% Brickwork & Internal Plaster After completion of 5% Staircase & Lobby After completion of 5% Plumbing & External Plaster After completion of 5% Water pump & Electrical fitting After completion of lift 5% & Entrance Lobby After handing over/ 5% Possession to Allottee based on certification by Architect ANNEXURE B SOCIETY AND OTHER CHARGES 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 membership fees, share money 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 LETTER OF ALLOTMENT Date: - To, …………… …………… …… (Hereinafter referred to as ‘Allottee’) Subject: Allotment of Residential Unit No…………. in the project known under the name Hari Aakruti Phase II situated at Village Nashik, Taluka Nashik and District Nashik. Reference: Booking Form (Application) No……….. Details of Applicant and Unit allotted are as hereunder: Full name of Allottee (Applicant) Full name of Joint Allottee (Co- Applicant) (if any) Allottee’s and Joint Allottee’s (if applicable) Residential Address (Permanent) E-mail ID for correspondence Unit No. Name of Building Hari Aakruti Phase II Floor No. Type of Unit Carpet Area Area of Balcony Space/s (if any) Area of attached Terrace/s (if any) Area of Garden Space/s (if any) Common Area/s (if any) *Note: Any change in the personal details of the Allottee and/or joint Allottee has to be intimated to the Developer for updation of its records in a prompt manner It is our pleasure to inform you that the Unit booked by you via the aforementioned Booking (Application) Form and thus provisionally allotted to you is now being finalized subject to the terms and conditions as stated in these presents and as are appearing hereunder: Terms and Conditions 1. Upon issuance of this Letter of Allotment, the Allottee and/or joint Allottee shall be liable to pay the aforesaid Consideration Value and the Society and Other Charges as specified in Annexure “B” hereto together with the applicable government taxes and levies as per the Schedule of Payments specified in Annexure “A” hereunder, time being the essence of this transaction as envisaged herein. 2. The Allottee and/or joint Allottee shall, in relation to the Unit, make all payments to the Developer from his/her/its own bank account and not from and through the bank accounts of any third parties. If in the event such third party bank accounts are used the Allottee and/or joint Allottee, he/she/it/they alone shall be responsible and liable in relation to the payments made by any third parties. Notwithstanding the aforesaid, the receipts for the payments made in relation to the Unit shall be issued in favour of the Allottee and/or joint Allottee only. 3. The Allottee and/or joint Allottee agrees and undertakes to be bound by and perform all the obligations and the terms and conditions contained in the Booking (Application) Form and this Letter of Allotment, including timely payment of amounts stated hereunder. 4. In the event the Allottee and/or joint Allottee fails or neglects to comply with any of his obligations under the Booking (Application) Form/ Letter of Allotment, including (but not limited to) making payment of all due amounts as per Schedule of Payments stated in Annexure “A” hereto (and interest thereon, if any) the Allottee and/or joint Allottee shall be deemed to be in default. In the event of such default, the Developer shall issue notice to the Allottee and/or joint Allottee of such default and the Allottee and/or joint Allottee shall be provided with a further period of 15 days from the date of such notice to cure the said default. In the event the Allottee and/or joint Allottee fails to cure such default within 15 days from the date of notice of such default (or such default is not capable of being cured), the Developer shall reserve the option to cancel the allotment of the Unit, by sending a termination letter by Speed Post and/or email correspondence. On such termination, the following shall apply: a) The allotment/booking/Agreement to Sell for the Unit(s) shall stand immediately terminated and the Allottee shall have no right whatsoever with respect to the Unit(s), save and except the right to receive Refund Amount as per (b) below. b) All amounts paid to the Developer by the Allottee towards Consideration Value or part thereof (excluding interest and taxes thereon) after deducting therefrom the Liquidated Damages amounting to 10% of the Total Consideration (“Refund Amount”) shall be refunded. The payment of the Refund Amount shall be subject to deduction thereon of tax at source and/or other applicable government levies and taxes be they direct or indirect in nature. For sake of clarity, the interest and/or taxes paid on the Consideration Value shall not be refunded upon such cancellation/termination. In the event, the amounts paid by the Allottee and/or joint Allottee towards Consideration Value is less than the Liquidated Damages, the Allottee and/or joint Allottee shall be liable and agrees to pay to the Developer the deficit amount of Liquidated Damages. 5. All overdue payments shall attract interest at 2% + prevailing SBI MCLR rate, from the dates they are due and payable till realization. It is clarified that payment of such interest shall be without prejudice to the other rights and remedies available to the Developer, including the right to cancel/terminate the allotment and/or claim losses/damages incurred or suffered in that regard as the case may be and in accordance with the laws laid down in this regard . 6. 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 entities from time to time. 7. The Developer shall endeavor to make available the Unit for Possession (for fit outs) of on or before ______________ subject to the Allottee and/or joint Allottee not being in breach of any of the terms of the Application Form/Letter of Allotment/ Agreement to Sell. In the event of any force majeure situations (including but not limited to inordinate delay in issuance of NOCs/ connections/ approvals/ licenses from the competent local authorities and/or judicial or regulatory orders), the date of such possession for fit outs shall stand extended accordingly, complete clarity in this regard shall be rendered by the Developer to the Allottee and/or joint Allottee. 8. The unit cannot be let, sublet, re-sold or transferred to any third party by the Allottee and/or joint Allottee till all amounts in relation to the Unit have been received by the Developer and the Allottee and/or joint Allottee has taken possession of the Unit. 9. The Allottee and/or joint Allottee agrees not to do or omit to do any act, deed or thing or behave inappropriately or correspond or communicate in a manner that would in any manner affect or prejudice or defame the Project/Building or the Developer or its associates or its representatives without just cause and reason. In the event, the Allottee and/or joint Allottee does or omits to do any such act, deed or thing with malicious intent then it shall constitute an event of default and the Developer shall be entitled to proceed as per the provisions of this Allotment Letter and the law applicable in this regard . 10. The Allottee and/or joint Allottee hereby agrees that the Developer shall be entitled to recover / set off / adjust from the amounts if any, payable by the Allottee and/or joint Allottee to the Developer including the Consideration Value, the Society and Other Charges, interest and /or Liquidated Damages provided the rationale behind the same is justifiable and reasonable. The Allottee and/or joint Allottee agrees and undertakes not to raise any objection or make any claims with regard to such adjustment / set off and the claims, if any, of the Allottee and/or joint Allottee, in that regard, shall be deemed to have been waived. 11. This Letter of Allotment shall be governed and interpreted by and construed in accordance with the laws of India and the Courts of Nashik District in particular. Any dispute shall be attempted to be primarily settled by a sole arbitrator appointed by the Developer and Allottee and/or joint Allottee jointly prior to approaching any court of law and/or ancillary forum and the said arbitration shall be in accordance with the provisions of the Arbitration and Conciliation Act, 1996. I would like to take this opportunity to thank you for the trust that you have reposed in us, and assure you of our best services at all times. Warm Regards, For, Karda Constructions Limited, (Authorized Signatory) ANNEXURE A PAYMENT SCHEDULE Particulars Percentage Amount (in Rs.) At the time of booking 10% Immediately after 10% agreement After completion of 15% Plinth After completion of 1st 5% Slab After completion of 2nd 5% Slab After completion of 3rd 5% Slab After completion of 4th 5% Slab After completion of 5th 5% Slab After completion of 6th 5% Slab After completion of 5% Terrace Slab After completion of 5% Brickwork & Internal Plaster After completion of 5% Staircase & Lobby After completion of 5% Plumbing & External Plaster After completion of 5% Water pump & Electrical fitting After completion of lift 5% & Entrance Lobby After handing over/ 5% Possession to Allottee based on certification by Architect ANNEXURE B SOCIETY AND OTHER CHARGES 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 membership fees, share money 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 | JAI MATA DI | AGREEMENT FOR SALE( FLAT) This Agreement for Sale is made and executed at Nasikonthisdayof____in the Year2017. BETWEEN KARDA CONSTRUCTIONS LTD. A PUBLIC LTD COMPANY, (PAN AADCK1887B), REGISTERED UNDER THE COMPANIES ACT having its registered Office at “Karda Constructions Ltd.” 2nd Floor, Gulmohar Status Above Business Bank, Samarth Nagar Nashik - 422005, Maharashtra, India. (The said company was formerly known as Karda Constructions Pvt. Ltd. and has now been converted into a Public Ltd Co. under Certificate of Incorporation Dated: 17/03/2016)THROUGH ITS DIRECTOR,SHRI. NARESH JAGUMAL KARDA.Age 43 years. Occupation: - Business. Hereinafter referred to as "The Promoter” of the One Part(which expression shall unless it be repugnant to the context or meaning thereof mean and include its Directors, Successors in Title, executors, administrators, legal heirs and assigns etc.) ------- PARTY OF THE FIRST PART AND MR……………………………………………………………………..Age……..Yrs..Occ…….. , Add……………………………………………………………………………………………………… ……. Hereinafter referred to as "The Allotee/Purchaser” of the Second Part(which expression shall unless it be repugnant to the context or meaning thereof mean and include its Directors, Successors in Title, executors, administrators, legal heirs and assigns). ------- PARTY OF THE SECONDPART LIST OF SCHEDULES AND ANNEXURES Sr. Sr. No. Annexure Description No. Schedul Description e 1 A Property 7/12 Extracts 1 A Project Land 2 B Commencement Certificate 2 B Said Apartment Internal Specifications 3 D Supplemental Title opinions 3 D of Apartment Copy of Index II Sale deed 4 E 4 E Payment Schedule Maintenance Current Sanction Building 5 F 5 F Schedule Plan Sanctioned Floor Plan & 6 H 6 ------ ------ Typical Floor Plan Sub Clause About Clause Particulars No. No. WHEREAS the Promoter/ Vendor is absolutely seized & possessed of or otherwise well and sufficiently entitled to theN.A.Properties bearing:- 1)All that piece and parcel of Non-Agricultural land bearing (as per final approved lay-out) Plot No. 7 area admeasuring 1. Title History 1.1 800.00 sq.mtrs. Assessed at Rs.1056.00 paise of Survey No. 484/3/1/2 situated, lying and being at village Nashik ,Taluka- DistNashik, within limits of Registration, sub-registration TalukaNashik,Dist-Nashik. 2)All that piece and parcel of Non-Agricultural land bearing (as per final approved lay-out) Plot No. 8 area admeasuring 1008.39 sq.mtrs. Assessed at Rs.1332.00 paise of Survey No. 484/3/1/2 situated, lying and being at village Nashik ,Taluka- DistNashik, within limits of Registration, sub-registration TalukaNashik,Dist-Nashik. AND WHEREAS the Promoter/ owner of the said land Nos.( 1)&(2), have been amalgamated having a total plot area 1808.39 Sq. Mtrs. and from the said total area, the area utilized 1.2 for the said project is …………..Sq. Mtrs.more particularly described inSCHEDULE 1 hereunder written (hereinafter referred to as “the project land”). AND WHEREAS, the Promoter/Vendor purchased Non- Agriculture Project Land No.(1) from Mr. VilasRasiklal 1.3 Shah,Plot No. 7, an area admeasuring800.00Sq. ft.by way of registered sale deed and the said document was registered in the office of The Joint Sub-Registrar NasikII, vide Document Serial No. 636/2017Dated 04/02/2017 and accordingly the name of Promoter/Developer was muted in the record of rights of the said Project land. AND WHEREAS, the Promoter/Vendorpurchased Non- Agriculture Project Land No. (2) from Mrs. RekhaKanaiyalalManwani, Kanchan Dinesh Manwani, PoojaVinodManwani and DeepaKanaiyalalManwani, Plot No. 8, an area admeasuring1008.39 Sq. Mtrs. by way of registered sale deed and the said document was registered in the office of The Joint Sub-Registrar Nasik II, vide Document Serial No. 322/2016Dated 13/01/2016 and accordingly the name of Promoter/Developer wasmuted in the record of rights of the said Project land. 1.4 AND WHEREAS the Property 7/12 extract for above Said Project Land is annexed herewith as “Annexure A”. AND WHEREAS the Promoter has submitted a residential and Commercial building plan on the above mentioned project land & 1.5 the said building plan was sanctioned by Nasik Municipal Corporation, Nasik,vide their Commencement Certificate No. LND/BP/NASIK/TP2/DCR/0071/2017Dated:05.12.2017.“Annex ure B”. AND WHEREAS the detailed title history and flow of title is 1.6 explained briefly in title search report conducted byAdvocate Anita Mungase (Pawar)which is annexed herewith as Annexure D” AND WHEREAS the local authority has sanctioned plan on project Land and hence Promoter has acquired Ownership rights of N.A.Properties bearing 1) Non-Agricultural land bearing (as per final approved lay- out) Plot No. 7 area admeasuring 800.00 sq.mtrs. Assessed at 1.7 Rs.1056.00 paise of Survey No. 484/3/1/2. 2) All that piece and parcel of Non-Agricultural land bearing (as per final approved lay-out) Plot No. 8 area admeasuring 1008.39 sq.mtrs. Assessed at Rs.1332.00 paise of Survey No. 484/3/1/2 Thus the total area admeasuring 1808.39Sq. Mts. situated at Village Nasik, Tal. & Dist. Nashik, within the limits of Nasik Municipal Corporation, Tal. & Dist. Nasik, AND WHEREAS by virtue of all Deeds, Documents mentioned above and Government permissions mentioned hereinabove, the Promoter is entitled to construct buildings on the said land and 1.8 alone has the sole and exclusive right to sale, transfer, license, lease, rent the units, apartments constructed thereon and to enter into the agreement with the Allottee’s and to receive the sale price in respect thereof. Urban AND WHEREAS the said land does not come within the 2. territory of Nashik Urban Land Agglomeration and therefore Land 2.1 provisions of Urban Land (Ceiling & Regulation) Act, 1976, are Ceiling not applicable Real 3. Estate Name: “HARI AAKRUTI PHASE II” (Hereinafter 3.1 referred to as the “Project Or Group Housing Project”) Project Survey No. 484/3/1/2.,.situated at Village Nasik, Tal. & Dist. Address 3.2 Nashik, within the limits of Nasik Municipal Corporation,Nasik Tal. & Dist. Nasik. 5 AND WHEREAS the Promoter has appointed ArchitectMr. Architect 3.3 KuldeepChawarehaving their office atNashik who is duly registered with the Council of Architects at CA/…../……… AND WHEREAS the Promoters have also appointed the Structural Engineer Mr.Sanjeev Patel having their office at Structural Nashik, for structural designs and drawings of the building/s Engineer and the Promoters shall accept professional supervision of the 3.4 Architects and the Structural Engineers till the completion of the building. AND WHEREAS the Promoter has also appointed plumbing engineerMr………………..having address at Office at Nashik Plumbing to design the water treatment, storage and pipeline infrastructure 3.5 Engineer for theProject. ElectricalEng 3.6 AND WHEREAS the Promoter has also appointed Electrical ineer Engineer to design the electrical systems of the Project such as transformers, cabling, wiring, meter room etc. Landscape AND WHEREAS the Promoter has also appointed landscape 3.7 Architect architect Mr.ManishBedarkarhaving their office at Nashik to design the various landscaping features such as plantation, amenities, entrance gateetc. AND WHEREAS based on the commencement certificate mentioned above, Commercial and Residential buildings are currently sanctioned: The current sanctioned layout is annexed herewith as “Annexure F”. 3.8 ----------------------------------- (Signature of the Allottee) (I have verified the sanctioned plans and read the commencement letter). Existing AND WHEREAS The Promoter hereby declares that as per commencement certificate for current sanction as mentioned Built-up 3.9 above, the total built-up area is3727.40 Sq.mtrs. Area (F.S.I Area) 6 AND WHEREAS as mentioned above there is possibility of getting additional F.S.I in future in the form of either paid Future F.S.I, premium F.S.I, amenity handover F.S.I, T.D.R. and/or Potential of due to amalgamation of adjoining land. Whenever this 3.10 additional F.S.I/ T.D.R is sanctioned by the local authority to Project be used in the project, and accordingly thePromoters shall apply for revision of plan/s. ---------------------------------- (Signature of the Allottee) (I hereby give specific consent to the Promoter to carry out revision in sanctioned plan as per this future potential layout ) As per the future development potential of the project as mentioned above, the total F.S.I(3727.40Sq.Mtr)& Non- Future F.S.I(…………Sq.Mtr) area for the development potential works Potential 3.11 out to approximately …………Sq.mtrs,However, this area may F.S.I & Non- increase if there is any additional F.S.I./ T.D.R applicable at a F.S.I area later date. Environment Not Applicable clearance 3.1 3 Consent 3.14 Not Applicable to Establis h Commenceme 3.1 AND WHEREAS upon obtaining all the above permissions the nt of Project Promoter has started the construction of the Project. 5 Registering AND WHEREAS, the promoter shall initially register Phase 1 Phase wise of 3.16 and register remaining phases after receiving sanction from the Project competent authority. AND WHEREAS The Real Estate (Regulation & Development) Compliance Act, 2016 has come into force since 1/05/2017. Since “HARI- of Real AAKRUTI PHASE-IIis an ongoing Group Housing project, the 4. Estate 4.1 Promoter will register the same with the Authority within the (Regulation stipulated period of time and in accordance with rules published & on 20/04/2017 by the Housing Department, Government of Maharashtra. Developme nt) Act, 2016 7 AND WHEREAS for the purpose of this agreement following areas are defined: Carpet area: As per subsection (k) of Section 2 of the Real Estate (Regulation & Development) Act, 2016, Carpet area of the apartment is defined as the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony and exclusive open terrace area but includes the area covered by the internal partition walls of the apartment. Carpet area is shown separately in ScheduleB. Balcony area: For the purpose of this agreement the balcony area is defined as balcony/ enclosed balcony area as shown in the sanctioned building plans by the local authority. Balcony area is Definition of 4.2 shown separately in Schedule B. Carpet area , Balcony area, Open Terrace Area: For the purpose of this agreement open Terrace area terrace area is defined as open terrace/ terrace area as shown in and common the sanctioned building plans by the local authority. Open areas Terrace area is shown separately in Schedule B. Common Areas: As per subsection (n) of Section 2 of the Act, common areas are defined as entire land, staircases, lifts, passages, lobbies, entrances, basements, podiums, top terraces, open spaces, open parking areas, area under services, water tanks, sumps, pump rooms, amenities etc. This common area will be calculated for the entire project and will be divided equally over the number of apartments in the project to arrive at proportionate common area of each apartment. 8 AND WHEREAS on demand from the Allottee, the Inspection of all 4.3 Promoter has given inspection to the Allottee of all documents by documents of title relating to the project land and plans, Allottee designs & specification prepared by the project Architect and all other such documents as specified under the The Real Estate (Regulation & Development) Act and Rules & Regulations made thereunder. ---------------------------- Signature of the Allottee (All documents pertaining to the Project have been inspected by me) Disclosure regarding 4.4 AND WHEREAS the Promoter hereby declares that there are no civil/ criminal case is pending with respect to the said litigation land. Disclosure The Promoter hereby declare that there is no reservation or regarding acquisition on any part of the said Project Land. reservation 4.5 in the said Land Disclosure regarding separate Legal Entity The Promoter hereby declare that the separate legal entity for 4.6 will be formed for Residential& Commercial Building. residential and commercial Building AND WHEREAS Allottee was in search of Residential/Commercial premises in vicinity of VillageNasikand that is when he came to know about the said project of the Promoter. The Promoter has disclosed entire information along with all sanctioned documents to the complete satisfaction of the Allottee and thereafter the 5.1 Allottee has conveyed his readiness and willingness to Interest shown purchase the Apartment/ShopNo. ……..on ………Floor in 5. by the Allottee residential Building “…..” in the …….of the project known as “HARI-AAKRUTI PHASE-IIwhich is more particularly described in the Schedule B and location of the which is shown on authenticated copy sanctioned floor plan and typical floor is annexed herewith as “Annexure”H”. AND WHEREAS, in accordance with terms and conditions set out in this agreement and as mutually agreed upon by and Offer and 6.1 between the parties, the Promoter hereby agrees to sell and 6. acceptance the Allottees hereby agrees to purchase the Apartment. AND WHEREAS, the Parties relying on the confirmations representation and assurances of each other to faithfully Willingness to abide by all the terms, conditions and stipulations contained 7.1 in these agreement and all applicable laws, are now willing 7. enter into to enter into this Agreement on the terms and conditions Agreement appearing hereinafter. AND WHEREAS as per Section 13 of the Real Estate Regulation Act, the Promoter is required to execute a written agreement with the Allottee for the sale in respect of the said apartmentand therefore, Promoter and the Allottee are Registration of 8.1 executing present Agreement as a compliance thereof and 8. Agreement they shall also register the said Agreement under Registration Act, 1908, with the concerned Sub Registrar Office, within a time limit prescribed under the Registration Act. AND WHEREAS this Agreement along with its schedules and annexures constitutes entire agreement between the parties with respect to the subject matter and supersedes any Entire Agreement 9.1 and all understandings, any other agreement, allotment letter, 9. correspondences whether written or oral between the parties in regards to the saidapartment. NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS :- Obligation of the Promoter: As per the interest shown by the Allottee in above mentioned clause, the Promoter has agreed to sell the apartment more Said particularly described in “Schedule.B”subject to the 10 10.1 Apartment consideration amount and payment schedule as detailed herein under. The Promoter hereby assures to provide Internal and Development 10.2 External Development in the Project more particularly Works described in “Schedule C” The Promoter hereby assures to provide Internal Internal 10.3 Specifications to the apartment more particularly described Specificatio in “ScheduleD” n Adherence to The Promoter hereby assures that the Project will be 10.4 developed and completed in accordance with the sanctioned Sanctioned plans as approved and revised by the local authority from Plan & other time to time and shall follow the conditions mentioned in permissions various permissions as mentioned above. The Promoter hereby assures that after construction of the apartment, there shall not be variation of more than 4 to 5 % in the carpet area as mentioned in Schedule B. However, if there is any reduction in carpet area beyond the above mentioned variation limit, then the Promoter shall Variation in compensate the Allottee by issuing a refund of any such 10.5 carpet area excess amount paid. If there is any increase in carpet area beyond the above mentioned variation then the Allottee shall pay the excess amount. This monetary adjustment shall be made at a rate equal to the consideration amount divided by the total area of apartment as mentioned in Schedule B. The Promoter hereby assures that they shall complete the construction and give possession of the Possession date 10.6 saidApartment(mentioned in Schedule B) to the Allottee of the onorbefore______________.If there is any delay in apartment possession due to reasons other than those mentioned in clause hereunder then the Promoter hereby agrees to pay to the Allottee, who does not intend to withdraw from the project, interest as specified in the Rules on all amounts (excluding Government taxes and duties) paid by the Allottee for every month of delay till handing over ofpossession. The Promoter hereby assures to obtain all N.O.C’s from various concerned Government authorities and shall submit the file to Local Authority for occupancy/completion Completion / 10.7 certificate. However, if, the local authority delays issuing the Occupancy certificate beyond 21 days after submission of all required Certificate documents/N.O.C’s for occupation, then same shall not be construed as delay on the part of the Promoter in obtaining Occupancy/CompletionCertificate. The Promoter hereby assures to rectify any structural defect or any other defect in workmanship, quality or supervision without any further charge if any such defect is brought to the notice by the Allottee within a period of 5 years from the Defect Liability 10.8 date of handing over of possession. However, the defect Period liability of the Promoter will cease to exist in case of normal wear and tear dueto weathering, negligence on part of the Allottee (if the apartment is kept closed i.e. without any ventilation for a period of more than 90 days), force majeure, damage to electrical equipments due to voltage fluctuations or due to any reason beyond the control of thePromoter. The Promoter hereby assures that it will form separate Co- operative Society or Condominium of Apartment(As per Maharashtra Ownership Flats Act 1963- Section 10) for residentialbuilding within three months from the date on which fifty one percent of the total number of allotteesinsuch Formation of a residential building have booked their apartment. However, 10.9 any delay towards affixing signature of Allottee’s on such legal entity society formation/Aparment registration documents and procedural delays on account of Co-operative department will not be to the account of the Promoter. Further, apex body of such Co-operative Societies/Apartment Federation will also be formed after obtaining final occupation certificate of last Residential& Commercial building. Occupancy/Completion certificate or after obtaining full and final consideration from all allottees in that respective building whichever is later. The Promoter further assures that Conveyance to 10.10 the entire undivided land underneath the residential& legal entity commercialbuilding jointly along with amenities, utilities and services will be conveyed to the Apex body within a period of 2 years upon obtaining full and final Occupation/Comlpletion certificate as per future potential plan sanctionedfrom the local authority. The conveyance boundaries for the apex body of residential& commercialbuilding are as per future plan annexed. Obligation of the Allottee In accordance with sub rule (4) of rule 4 of Real Estate Specific consent Regulation Rules, 2017, the Allottee hereby gives specific 11.1 11 (along with this consent to the local authorities and also to the Promoter and agreement) has No Objection against the Promoter for the following:  To construct the project as per the future potential layout/building Plan  Amalgamation of adjoining land and preparation of new building plan and layout(if needed) as long as location of existing open space is notchanged.  Change of unit plans of amenity buildings to be constructed on Amenityspace.  Change in building / layout plans due to instructions received by localauthority.  Minor additions oralteration. --------------------------- (Signature of Allottee) (This consent shall be construed as informed consent) Specific The Allottee hereby assures that in the event there is any consent (when 11.2 consent that is required to be obtained under Real Estate required later) Regulation Act, 2016 then in such event he accepts the procedure as mentioned and detailed hereunder. The Promoter shall send the proposed changes in the plan/specifications to the respective Allottee on their registered email address as mentioned in this agreement. Thereafter, the Allottee shall give its reply in writing to the said proposed changes within 7 days from the date of the successful delivery of the said e- mail to the Allottee and in case non reply/failure of Allottees to reply/respond to the said e–mail within 7 days as aforesaid then it shall be treated that the Allottee have given informed specific consent for the said change and thereafter Allottee shall not raise any dispute about the same in future. Notwithstanding anything contained hereinabove, Allottee agrees and accepts that unless and until proposed revision of sanctioned plans are not against the express provisions of the act they shall not withhold theconsent. The Allottee hereby assures that they shall take possession of the Apartmentwithin 15 days upon receiving written notice regarding readiness of the apartment for occupation. If the Possession of 11.3 Allottee fails to take the possession of the apartment within the apartment such period then the Allottee shall be liable to pay interest charges for any such balance delayed amount at a rate equal to the rate as mentioned in the rules and the same shall not construe as delay of handing over of possession by the Promoter. After due discussions, diligence and negotiations between the Promoter and the Allottee, the Allottee hereby agrees to purchase from the Promoter and the Promoter agrees to sell to the Allottee the Said Apartment for a lump sum consideration Rs. ……./- (Rupees ………) to be paid by the Allottee to the Promoter towards the said Apartment hereinafter referred to as the “ Consideration amount”. The Promoter specifically Consideration 11.4 declares and the Allottee hereby understood and agrees that Amount the consideration amount of said Apartment is inclusive of cost of Said Apartment and covered parking (if allotted), proportionate price of common areas & facilities which is detailed in Schedule C. The present Agreement shall supersede and prevail over all other prior communications, writings and/or cost sheets, agreed and/or executed by and between the parties. 15 The Allottee hereby agrees and accepts to pay the Payment consideration amount to the Promoter as per the payment 11.5 schedule more particularly described in Schedule E.Whereas Schedule any deduction of amount made by the purchaser on account of T.D.S. then the purchaser shall submit the original Tax deduction certificate within ……months. If the Promoter completes the construction before time, then Early payment 11.6 the Allottee hereby agrees and accepts to pay the consideration amount payable for early completed stage as per payment linked to said stage immediately on demand. No early payment discount will be offered in such case where construction has been completed before the agreed timeline. ----------------------------------- (Signature of the Allottee) (I hereby specifically agree to make early payment in case of early completion) The Allottee hereby agrees and accepts that the Consideration Amount excludes expenses for stamp duty, registration fees, service tax, VAT or any other taxes applicable and in force today or those that may become Taxes & Duties 11.7 enforceable and payable at any time in future. If in future, Goods & Service Tax (G.S.T.) is levied on the said agreement then all outgoings pertaining to this shall be paid by Allotteeseparately. The Allottee hereby assures to pay provisional one time maintenance amount charged at Rs……. /-for residential /commercial unit and also shall pay 36 Post datedchqs. Eachof amount Rs. ……/-towards monthly maintenance, in addition to the consideration amount, Taxes & Duties Provisional mentioned above towards maintenance of the project in Maintenance 11.8 separate accounts. Amount This maintenance amount shall be deposited before handing over of possession of the said Apartment.The amount of one time maintenance is not for any specific period of years and is only a provisional amount towards maintenance charges of theproject.But the 36 P.D.C.Chqs. towards monthly maintenance are for a specific period of 3 yrs. i.e. 36 months.The said 36P.D.C and one time provisional maintenance chqs/amount given in name of Society/Apartment Federation. But, if the Soceity/Apartment Federation is not registered then the said Chqs/amount shall be given in the name of “KARDA CONSTRUCTIONS LTD.” 16 In addition to the consideration amount, maintenance amount, Taxes and duties mentioned above, the Allottee shall additionally pay to the Promoters, before delivery of possession of the said Apartment/shop, the following amounts: i) Rs………. /- Society formation /Apartment Registration Incidental 11.9 Share Money and Legal Expenses Payments ii) Rs………./- MSEDLC Charges iii) Rs………/- Health Club Membership Charges ============== Rs………../- Total Amount The Allottee hereby assures to pay all the amount of Payment 11.10 instalments within 15 days from the date of receipt of the period demand letter of instalment by the Promoters. In case of any delay beyond a period of 15 days, then interest charges as per Rules will be applicable. Payment of fees The Allottee hereby assures to pay necessary water water charges, 11.11 charges, electricity user meter charges and electricity, grampanchayat / local authority municipal tax as taxes etc applicable. The maintenance of Apartment is the primary responsibility of the Allottee and he shall always take necessary precautions 11.12 Repairs of the and preventive measures to ensure that the Apartment is Apartment maintained in a good condition. He shall not cause any such activity that will be harmful to adjoining neighbors and for the buildingstructure. Alteration in 11.13 No addition or alteration will be carried out in the Apartment the Apartment or building in which the Apartment is situated without the consent of the local authorities. The Allottee shall not 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 Hazardous and building in which the Apartment is situated. In case any such dangerous 11.14 damage is caused to the Apartment or to the building in goods storage which the Apartment is situated on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for any such consequences. Maintenance of The Allottee shall carry out at their own cost all internal the internal 11.15 repairs to the said Apartment and maintain the Apartment in Apartment the same condition, state and order in which it was delivered by the Promoter to the Allotteeand shall not do orsuffer. 17 to be done anything in or to the building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provisions, the Allottee shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. The Allottee shall preserve the aesthetics of the elevations of the scheme no Allottee of the said Apartment shall be entitled to install Air Conditions Units, Window Air Conditioner Preserving the Units thereby affecting the glass elevations at the frontage as aesthetics and 11.16 well as affecting the common use of the passages, lobbies elevation and common areas in the building. Such air conditioner units may be installed only at the space as may be provided by the Promoter. The Allottee shall not 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, Demolition drains and pipes in the Apartment and the appurtenances and common thereto in good tenantable repair and condition, and in utilities 11.17 particular, so as to support shelter and protect the other parts maintenance of the building in which the Apartment is situated and shall not chisel or in any other Manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the Apartment without the prior written permission of the Promoters and/or the Society or the Limited Company The Allottee shall not to throw dirt, rubbish, rags, garbage or Cleanliness 11.18 other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the said land and the building in which the Apartment issituated. The Allottee shall not let, sub-let, transfer, assign or part with Sub-let, interest or benefit factor of this Agreement or part with the transfer of 11.19 possession of the Apartment until all the dues payable by the rights Allottee to the Promoters under this Agreement are fully paid up and only if the Allottee had not been guilty of breach of or non- observance of any of the terms and conditions of this Agreement and until the Allottee has intimated in writing to the Promoters. 18 The Allottee shall observe and perform all the rules and regulations which the Co-operative Society may adopt at its Abiding by inception and the additions, alterations or amendments Society bye- thereof that may be made from time to time for protection laws or 11.20 and maintenance of the said building and the Apartments regulations of therein and for the observance and performance of the Apartment Building Rules, Regulations and Bye-laws for the time being of the concerned local authority and of Government and other public bodies. General/ Miscellaneous stipulations The Promoters shall be entitled to get reasonable extension of time for giving possession of the apartment beyond date as mentioned above, if the completion of building in which the said apartment is situated is delayed on account of- a. War, civil commotion or act ofGod; 12 Time Extension 12.1 b. any notice, order, rule, notification of the Government and/or public or competentauthority c. Delay in issuance of Completion Certificate dueto reason/s not attributable to the non compliance of thePromoter. Promoter specifically communicates to the Allottee that the Allottee shall make the payments for Consideration Amount to the Promoter by Demand Draft or by local cheques drawn in the name of Karda Construction Ltd Ltd.or by Ltd.electronic mode of transfer. Name in which NEFT/ RTGS details are as under: payment is to be drawn for 12.2 i.Account Holder NameKarda Construction Ltd. Consideration ii.Bank Name -:ICICI Bank Amount iii. Branch -:Nasik Road iv. Account Number ………………. v. IFSC code.-: …………………….. vi. Account type – ………………… 19 Promoter shall be responsible for providing and maintaining the essential services out of provisional maintenance charges collected from the Allottees more particularly described in Schedule F, until Promoter hands over the maintenance account of the Project to Society/Apartment and/or Apex Body as a case may be or till the provisional maintenance amount fund gets exhausted whichever is earlier . It is agreed and understood by the Allottee that the Provisional Maintenance Amount payable by the Allottee to the Promoter is not for maintaining the project for any particular years. Promoter hereby assures that the provisional maintenance fund shall be used for maintenance purpose only and Promoter shall maintain the separate bank account for the aforesaid maintenance amount received from all the Apartment Allottees and this maintenance fund will not be misused by the Promoter for any other purpose. Upon Maintenance of 12.3 formation of Society as mentioned above, the Promoter shall the Project hand over the individual building maintenance fund and balance (if any) to that respective Society and whereas common and Environmental Management Plan maintenance accounts will be handed over to the federation as and when it is formed. There will be no interest levied by the Allottee on the Promoter on the maintenance amount. Promoters shall have sole discretion to decide actual utilization of the maintenance charges collected from the Allottees and no Allottee shall be entitle to challenge the same on the ground of reasonability and/orpreference. Maintenance Promoter specifically communicates to the Allottee that if responsibility 12.4 Allottee fails and/or neglects to pay aforesaid expenses as of the and when demanded by the Promoters and/or concern Promotercease authority then same shall be consideredas material breach of s these presents notwithstanding regular payment of Consideration Amount on agreed dates by the Allottees and in such case Promoter shall not be responsible for the maintenance of the said project. Change in 12.5 The Promoters shall have every right to change and appoint consultants any new consultant as per his discretion & choice. Without prejudice to the right of the Promoter to charge Termination 2%interest+ prevailing hightest MCLR rate of SBI on delayed of payment, if the Allottee commits three defaults on making Agreement 12.6 payment as per the stages mentioned Schedule E then the by Promoter Promoter shall serve a notice of 15 days in writing by Regd.A.D. to the Allottee informing its intention to terminate this Agreement and if the Allottee fails to rectify the breach as mentioned by the Promoter within a period of 15 days, then the Promoter shall be entitled toterminate this 20 Agreement and deduct upto10% of the Consideration Amount towards liquidated damages and other administrative expenses. Balance amount (if any) shall be refunded within 45 days of termination. In the event of termination Promoter is not responsible to refund any taxes and duties such as Service Tax, VAT,GST, stamp duty and registration charges which were paid to the Government and the Allottee shall apply for refund at their own effort andcost. If the Allottee wishes to cancel the agreement due to reasons not attributable to the default of the Promoter, then the Promoter shall deduct 10% of the Consideration amount towards liquidated damages and other administrative expenses and balance amount (if any) shall be refunded after Cancellation of the apartment has been booked by other Allottee. In the event Agreement by 12.7 of cancellation by Allottee, the Promoter is not responsible to Allottee refund any taxes and duties such as service tax, VAT, stamp duty and registration charges which was paid to the Government and the Allottee shall apply for refund at their own effort andcost. It is specifically understood and agreed by the Allottee that Advertisement the prospectus other advertising material published by the 12.8 Promoters from time to time in respect of the project contain / Prospectus various features such as furniture’s, plantation, colors, vehicles, etc. and the same shall not be considered in any manner asagreement between Promoters and Allottee. The details mentioned in Schedule C and D hereunder are considered as final, definitive duly negotiated and binding between the parties and supersedes all earlier communications. The Promoter after executing the said agreement, he shall not mortgage or create any charge on the said flat/shop/office The Promoter (excluding project loan) and if any mortgage or charge is Mortgage or 12.9 made or created then not withstanding anything contained in create a charge any other law for the time being in force, such a mortgage or charge shall not affect the right and interest of the allottee who has taken or agreed to take such a flat/shop/office. Till the conveyance in favor of Federation is executed, the Allottee shall permit the Promoters and their surveyors, contractors, engineers and agents, with or without workmen Entry of and others, at all reasonable times, to enter into and upon the Promoters staff 12.10 project land and buildings or any part thereof to view, in the premises examine and/or execute any changes as may required as per direction of the local authority and/or otherwise required to maintain and preserve the state and condition thereof. 21 The Allottee is well aware that the Promoter will construct buildings based on Future Potential as mentioned.The Allottee assures that after possession of the Said Apartment he shall not cause any hindrance/ obstruction/ objection to the Movement of movement of men and machinery required to construct the men and 12.11 future buildings. material. --------------------------- (Signature of Allottee) (This consent shall be construed as informed consent) The Allottee is fully aware that the Promoter has already applied for the water connection for the said Building but still it is not yet obtained from NMC .But till the water connections are available, the demand for water will be fulfilled either through bore-well or through tanker or any other available source. The Allottee/s agree to pay the necessary water charges, tanker charges and is fully aware about this fact and shall not take any objection regarding this Water matter. connectionand 12.12 charges --------------------------- (Signature of Allottee) (I hereby agree to pay necessary water charges as mentioned above) Enclosure of The terrace space adjacent to the Apartment shall belong terrace and fine 12.13 exclusively tothe respective Allottee of theApartment and thereof such terrace spaces are intended for the exclusive use of the respective Allottee. The said terrace shall not be enclosed by the Allottee till the permission in writing is obtained from the concerned local authority and the Promoter or the Co- operative Society/Apartment federation as the case may be shall be kept indemnified from any penal action at all times. None of the actions, concessions or indulgence shown by the Promoters shall be presumed and/or be treated and/or deemed to have been waived their preferential right or the right of 12.14 pre-emption or the right of first refusal of the Promoters, agreed to herein by the parties hereto. Nothing contained in this agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said premises or ofthe Said Land and building/s or any part thereof. The Allottee shall have no claim save and except in respect of the said Apartment hereby agreed to be sold to the Allottee, and allotted areas such as upper terrace, open spaces, parking’s, 22 lobbies etc. will remain the land of the Promoters until the said Land is conveyed to the Federation of Co-operative Societies/Apartment Federation as agreed to be conveyed by the Promoters as per the terms and conditions of thisagreement. This Agreement shall be governed by the laws of India and Jurisdiction 12.15 Courts of Nashik shall have exclusive jurisdiction to try and entertain the dispute/s arising out of these presents. The Allottee and/or Promoters shall present this Agreement Registration 12.16 at the proper registration office of registration within the time limit prescribed by the Registration Act and the Promoters will attend such office and admit execution thereof. The Allottee herein has paid stamp duty of Rs. ……. /- ( …….. )along with appropriate registration fees as per Maharashtra Stamp Act, 2015. However, if there is any Stamp Duty 12.17 increase in stamp duty by the Government at the time of registration of conveyance in favor of respective building and/or federation/Apex body, then such incremental stamp duty shall be borne and paid by theAllottee. P.O.A. for M/s Karda Construction Ltd. has appointed toMr 12.18 admittance ……………..to admit the execution of this Agreement by virtue of Power of Attorney registered in office of the Jt. Sub-Registrar Nasik -2 at Sr. No. …………./……… dated ………… SCHEDULE – A (Project Land) 1) All that Piece and Parcel of Non-Agriculture land bearing Plot No.7, an area admeasuring800.00 Sq. Mtrs. and Plot No. 8, an area admeasuring 1008..39 Sq. Mtrs. Thus the total area admeasuring 1808.39 Sq. mtrs. of Survey No. 484/3/1/2, situated at Village NasikTal. & Dist. Nashik, within the limits of Nasik Municipal Corporation, Nasik Tal. Dist. Nasik, bounded per record of rights. Together with all things lying or being under, upon embedded, in or attached to earth right of way & all easementary rights pertaining thereof. SCHEDULE- B The premises to Residential/Commercial on going scheme/project known as “HAR-AAKRUTI PHASE II” in “…..” BUILDING………………..” out of the project Flat/Shop No. ……….., On the …………………Floor as per the Sanctioned building plan by the Nasik Municipal Corporation Nasik, Tal. &Dist. Nasik, having Carpet Area Admeasuring …………………… Sq.Ft. i.e. ………………… Sq. Mtrs. with covered ParkingNo……….. (if applicable) which is bounded as shown below: - East : West : AS PER APPROVED BUILDING PLAN. South : North : SCHEDULE- C Pro-rata right along with all the Purchaser/s of Premises in the said property in limited common area and facilities as follows (This does not apply in the case of premises other than Flats/ Pent Houses). 1) Staircase, Mid landings and main landing. 2) Ground floor entrance lobby & entrance area as marked on site. 3) Lift & lift room. 4) Common overhead tanks, septic tanks & water pumps. SCHEDULE- D FIRSTLY INTERNAL SPECIFICATION OF FLAT/SHOP 1) RCC frame structure with plastered brick work for external & internal walls. 2) One side laminated main door with security night latch and flush doors with cylindrical lock for bedrooms. 3) Edge cut vitrified 2’X2’ tiles in the rest of the flat other than toilet/s, WC, baths, store, terrace, utility/dry balcony and under the granite top in the kitchen. 4) Glazed tiles flooring in the bathrooms/WC’s and dado in bathrooms and WC’s 5) Granite kitchen top with glazed tiles dado upto 2.5’ only. 6) One stainless steel kitchen sink. 7) Concealed plumbing line with hot & cold shower mixture & other fittings and sanitary ware for bathroom & WC. 8) One wash basin. 9) Concealed electric wiring with wiring accessories, LV wires and modular switches and electric points. 10) One door bell. 11) Powder coated aluminum sliding windows with mosquito net. 12) Emulsion paint for the interior of the premises and exterior cement paint for the common area and the building. 13) One telephone point in the living room & master bedroom. 14) One inverter point in all the rooms. (Only for Pent House) 15) Uncovered terrace admeasuring area as indicated in the building plan annexed herewith. 16) The terrace attached to the premises is the absolute ownership of the Purchaser/s and no other member or Purchaser/s of the organization will have any right on the same. NOTE: Due to constant developments the above specifications and amenities are subject to change without any notice on account of non-availability of amenity, non-availability of material or non- feasibility. The above amenities should be constructed suitably in case of Shops, if any. SCHEDULE- D SECONDLY 1) Five feet high compound wall. 2) Main gate entrance & exit gate complete with Security Cabin. 3) Back up for lift and common electric points in staircase, parking & common areas. 4) Underground water Tank SCHEDULE- D THIRDLY 1) The expenses of maintaining, repairing, re-decorating etc.of the main structure and in particular the terrace, main water pipes, lifts and electric wires in under or upon the building and enjoyed or used by the premises holder/s in common with the other occupiers of premises and the main entrance, passage, landings, lifts and staircase of the building are enjoyed by the premises holder/s used by him/her/them in common as aforesaid and the boundary wall of the building compound etc. 2) The cost of cleaning & lighting the passages, water pump, landing, staircases lift, common lights and other parts of the building used by the premises holder/s in common as aforesaid. 3) The cost of the salaries of clerks, bill collectors, lift men and security, pump man, sweepers etc. 4) The cost of working and maintenance of common light, water pump, lift & other service charges. 5) Deposits for building, water meters, electric meter, sewer line etc. 6) Municipal & other taxed such as water charges, bills, common electricity charges bills, cess, levy and revenue N.A. taxes etc. 7) Insurance of the building. 8) Such other expenses as are necessary or incidental for the maintenance and upkeep of building/s. 9) Managed service of maintenance of along with other Purchaser/s of the premises in the property as contracted and paid for to the organization managing the service at the rate decided mutually. 10) Single point managed service for sending/receiving courier as well as payment of bills at a cost as decided by the organization operating the service. In witnesses whereof the parties hereto have hereunto set & subscribed their respective hands and seals the day & year herein above written SCHEDULE- E (PAYMENT SCHEDULE) (Shops & Offices) Particulars Percentage Amount (Rs.) At the time of booking 10% Immediately after agreement 10% After completion of Plinth 15% After completion of 1st Slab 20% After completion of 2nd Slab 15% After completion of Brickwork & Internal Plaster 5% After completion of Staircase & Lobby 5% After completion of Plumbing & External Plaster 5% After completion of Water pump & Electrical fitting 5% After completion of lift & Entrance Lobby 5% After handing over/ Possession to Allottee based on 5% certification by Architect Total 100% OR SCHEDULE- E (PAYMENT SCHEDULE) (ResidentialApartments) Particulars Percentage Amount (Rs.) At the time of booking 10% Immediately after agreement 10% After completion of Plinth 15% After completion of 1st Slab 5% After completion of 2nd Slab 5% After completion of 3rd Slab 5% After completion of 4th Slab 5% After completion of 5th Slab 5% After completion of 6th Slab 5% After completion of Terrace Slab 5% After completion of Brickwork & Internal Plaster 5% After completion of Staircase & Lobby 5% After completion of Plumbing & External Plaster 5% After completion of Water pump & Electrical fitting 5% After completion of lift & Entrance Lobby 5% After handing over/ Possession to Allottee based on 5% certification by Architect Total 100% SCHEDULE – F (MAINTENANCE SCHEDULE) Following are the particulars and cost heads under each maintenance account Individual/Respective building Maintenance Sr. No. Cost 1 Building housekeeping Head 2 Building security Electricity charges for: a. Lift 3 b. Passage arealighting c. Any other electrical appliance meant for the respectivebuilding Annual maintenance charges for: a. Lift b. Video doorphone 4 c. Inverterbackup Common Area Maintenance Sr. No. Cost Head 1 Common area housekeeping 2 Common area security Electricity charges for: a. Open Spacelighting 3 Annual maintenance charges for: 4 a. Waterpumps 5 Water charges for tanker, water tax etc. 6 Facility Manager & supervisory staff and its admin expenses IN WITNESS WHEREOF THE PARTIES HAVE SIGNED THESE PRESENTS ON THE DAY, DATE AND PLACE MENTIONED HEREINABOVE. SIGNED AND DELIVERED BY THE WITHIN NAMED ALLOTEE (1) (Authorized Signatory) WITNESSES: Name Signature ____________ _ Name Signature ___________ SIGNED AND DELIVERED BY THE WITHIN NAMED PROMOTER (1) (Authorized Signatory) WITNESSES: Name Signature ____________ _ Name Signature ___________ WITNESSESS: 1. ……………………………… ……………………… 2. ……………………………… ………………………