AGREEMENT FOR SALE NAME : SHOP NO. : PROJECT NAME:- ROONGTA MAJESTIC APARTMENT 1 Zone no. 1.3.2 Govt Valuation Rs. : --------------- /- Consideration Rs. : -------------- /- Stamp Duty Rs. : -------------- /- Registration Fees Rs : -------------- /- AGREEMENT FOR SALE OF SHOP NO. ------ SITUATED IN “ROONGTA MAJESTIC APARTMENT” THIS AGREEMENT FOR SALE MADE AND EXECUTED AT NASHIK ON THIS ------- DAY OF ----- IN THE CHRISTIAN YEAR TWO THOUSAND NINETEEN. BETWEEN ROONGTA HOMES LLP A LLP , registered under the Limited Liability Partnership Act 2008 LLP identification No. AAH-1399 Having its registered office at- Shree Tirumala Ashirwad Apartment, Pethe Nagar Road, Indira Nagar , Nashik – 422009. PAN - AAUFR 4502 Q Through its partner MR. AKHIL LALIT ROONGTA. Age: - 31, Occ. :- Business Hereinafter called as “PROMOTER/DEVELOPER/BUILDER,” (which expression shall, unless it be repugnant to the context or meaning thereof be deemed to mean and include the said Promoter, Builder and the Developer and/or all person/s claiming under or through the said PROMOTER, and their present and future partners, legal heirs, representatives and assigns); PARTY OF THE FIRST PART. AND 2 Hereinafter referred to as “THE ALLOTTEE “ ( which expression shall unless it be repugnant to the context or meaning thereof mean and include his heirs, legal representatives, executors, administrators and assigns or anybody claiming through him/them) OF THE SECOND PART. AND WHEREAS the property mentioned in Schedule “I” herein below bearing S.No. 871/1/2/13/14/26/27, out of which Plot No. 9 and 10 paiki / 22 and 23 admeasuring 1980.26 sq.mtrs out of which road widening area admeasuring 629.02 sq.mtrs acquired for road widening and handed over to Nashik Municipal Corporation, so remaining land area admeasuring 1351.24 sq.mtrs., lying and being at Mauje Nashik, Dist Nashik, more particularly described in the First Schedule written hereunder and hereinafter referred to as “The said Property” is owned by The Promoter. (hereinafter referred to as “the Project land”). AND WHEREAS the promoter had purchased the said S.No.871/1/2/13/14/26/27 out of which plot no.9 and10 (paiki) / 22 and 23 adm. 1980.26 sq.mtrs out of which area adm. 629.02 sq.mtrs acquired for road widening and handed over to Nashik Municipal Corporation so remaining land area 1351.24 sq.mtrs from Shri Ravindra Nivrutti Kamod, Ganesh Nivrutti Kamod, and Girish Nivrutti Kamod. The said sale deed was registered in sub registrar Nashik 4 at sr.no.5932/2019 dated 03.07.2019. M.E. No. 402140 has been mutated to that effect. And WHEREAS promoter has purchased T.D.R of 4154.00 Sq.mtrs from D R.C No. 851 I from Mr. Anant Madhav Vidhate and others 2and T.D.R of 804.42 sq.mtrs from D.R.C No. 851 C from Mr. Yogesh Kisan Vidhate and others 3 by registered sale deed with consent of TDR corporation Partnership firm by registered Sale Deed. The said Sale Deed was registered at Sr No. 6090, dated 17.07.2019 in Sub - registrar Office Nashik 5. As per the rules of TDR utilization, this TDR of 4154.00 Sq mtrs can be utilized as TDR of (4154.00*6100/25000) = 1013.57 sq. mtrs on the said Project and this TDR of 804.42 Sq mtrs can be utilized as TDR of (804.42*6100/25000) = 196.28 sq. mtrs on the said Project . And WHEREAS promoter has purchased T.D.R of 2768.93 Sq.mtrs from D R.C No. 851 N from Mrs. Surekha Suresh Bhandure, Mr. Pravin Suresh Bhandure, Mrs. Charushila Vinod Kathe with consent of TDR corporation Partnership firm by registered sale deed. The said Sale Deed was registered at Sr 3 No. 6659, dated 23.07.2019 in Sub - registrar Office Nashik 4. As per the rules of TDR utilization, this TDR of 2768.93 Sq mtrs can be utilized as TDR of (2768.93*6100/25000) = 675.62 sq. mtrs on the said Project. AND WHEREAS The Promoter had prepared a building plan of the said property and the plans for the construction of the project consisting of Commercial premises is approved by Nashik Municipal Corporation vide their Commencement Certificate no. LND/BP/A4/160/2019 dated 24.07.2019. AND WHEREAS the said property converted to Non agricultural commercial use and no objection certificate was issued from collector, Nashik bearing no.Masha/Kaksha/3/2/Ru.Ka.Aa/S R/214/2019 dated 30.08.2019 . Accordingly NA cess and taxes are paid up to date. Therefore the said property is fit for causing construction of builing consisting of commercial tenements. AND WHEREAS by virtue of the above said documents, the Promoter, herein, is entitled to implement the Scheme of construction on the said Project Lands and to deal with it as per the terms and conditions of the said documents; AND WHEREAS the said Promoter, pursuant to the right, title and interest conferred upon it by the aforesaid documents, has decided to implement Construction Scheme on the said Project Land/s and to sell out the commercial Shops etc., to accept the consideration by any mode and to execute and to get registered the requisite documents, such as Agreements for Sale, Sale Deeds, etc., in favour of the intending Allottee/s; AND WHEREAS the Promoter proposed the Project under the name and style of “ROONGTA MAJESTIC APARTMENT” and propose to construct on the said land 139 commercial Shops on Basement + Ground + Six Floors in the said Project. AND WHEREAS the Promoter is entitled and enjoined upon to construct buildings on the Project land in accordance with the recitals hereinabove; AND WHEREAS the Promoter is in possession of the Project lands; AND WHEREAS having come to know about the commencement of construction of the said proposed Project, the Allottee/s approached the Promoter herein, with a view to purchase one of the Shop out of the proposed Project; AND WHEREAS the Allottee/s demanded from the Promoter, and the Promoter herein, has allowed inspection to the Allottee/s of all the documents of title of the said Project lands, the aforesaid Articles of Agreement/s, Power of Attorney/s, list of amenities and specification, plans, designs and specifications, 4 etc., prepared by the Promoter Architects and all such other requisite documents as are specified under the Real Estate (Regulation and Development ), Act, 2016, (hereinafter referred to as “the said Act”) and the rules made there under and the Allottee/s has/have had such title verified through his/her/their independent Advocate and got himself/herself/ themselves, fully satisfied about the marketable title of the Promoter in respect of the said Project lands and no document is, remained to be provided with, by the Promoter unto the Allottee/s herein; That the Allottee has given his specific confirmation herein that the responsibility of title of the said land be on the Promoter up and until the conveyance of the said Project and the said land there under. AND WHEREAS the copies of certificate of title shall be issued by MRS. VIDYULATA TATED, ADVOCATE of the Promoter, copies of the property card of extract of Village Forms VII or XII or any other relevant revenue record showing the nature of the title of the Promoter to the said Project lands on which Shops are to be constructed, copy of commencement certificate and copy of approved plan have been annexed hereto. AND WHEREAS the Promoter has entered into a standard Agreement with an Architect viz Kabre Consultants ( herein after referred to as "the Architect ") who are registered with the Council of Architecture and such Agreement is as per the Agreement prescribed by the Council of Architecture and the Promoter has appointed namely Reliable Consultants (Prop Mr. Sanjeev Patel) a Structural Engineer, for the preparation of the structural design and drawings of the buildings and the Promoter accepts the professional supervision of the Architect and the Structural Engineer till the completion of the said Project. AND WHEREAS by virtue of the Sale Deed ,the Promoter has sole and exclusive right to sell the Shops in the said Project to be constructed by the Promoter on the Project land and to enter into Agreement/s with the Allottee/s of the Shops to receive the sale consideration in respect thereof; AND WHEREAS while sanctioning the said plans, the concerned local Authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the Project land and upon due observance and performance of which only the completion or occupancy certificate in respect of the said Project shall be granted by the concerned local Authority; AND WHEREAS the Promoter has obtained some of the sanctions/approvals from the concerned local Authority(s) to the plans, the 5 specifications, elevations, sections and of the said Project and shall obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Project. AND WHEREAS the Promoter has in compliance with rules, regulations and restrictions of the concerned local Authority which are to be observed and performed by the Promoter while constructing/developing the said Project has accordingly commenced construction/development of the same. AND WHEREAS the Allottee has agreed to purchase the said unit based on going through all the conditions stated in the sanctioned plans by respective Competent Authorities and have further confirmed that all such conditions shall be bound and abided by the Allottee strictly. 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 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 specifications provided by the Promoter and he is aware of the limitations, usage policies and maintenance of the installed items. AND WHEREAS the Allottee has offered to purchase a Shop bearing Shop No. ------- on the --------- Floor, (herein after referred to as the said “Shop”) in the Project called as “ROONGTA MAJESTIC APARTMENT” by the Promoter; AND WHEREAS relying upon the aforesaid application, the Promoter has agreed to allot and sell to the Allottee/s, the said Shop at the price and on the terms, conditions, covenants, stipulations and provisions hereinafter appearing. AND WHEREAS The "carpet area" is calculated as the net usable floor area of a Shop, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Shop for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the said Shop for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the Shop. Allottee/s is aware that due to the skirting and variation in plaster, the carpet area varies. The variation may be approximately 3 percent. AND WHEREAS prior to the execution of these presents, the Allottee/s has/have paid to the Promoter a sum of Rs. ------------------/- (Rupees --------------- 6 -------------------------------Only) being part payment of the sale consideration of the said Shop agreed to be sold by the Promoter to the Allottee/s,( as advance payment) (the payment and receipt whereof the Promoter both hereby admit and acknowledge) and the Allottee/s has agreed to pay to the Promoter the balance of the sale consideration in the manner hereinafter appearing; AND WHEREAS the Parties relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; And that the Allottee has not given any third party any rights to enforce this said Agreement unless the said unit is transferred to them. AND WHEREAS the Parties have gone through all the terms and conditions set out in this Agreement and understood the mutual rights and obligations detailed herein; The Parties hereby confirm that they are signing this Agreement with full knowledge of all the laws, rules, regulations, notifications, etc., applicable to the said Project. AND WHEREAS the Promoter is required to execute a written Agreement for sale of the said Shop 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 conditions of this transaction and hence these presents. Notwithstanding anything stated in any other document/ allotment/ letter given or communicated with the Allottee any time prior, this Agreement shall be considered as the only document and its conditions shall be read as the only conditions valid and basis for which the said unit is agreed to be sold to the Allottee. AND WHEREAS 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 the Promoter has registered the Project under the provisions of the Real Estate (Regulation & Development) Act, 2016 , with the Real Estate Regulatory Authority ,at Maha Rera Registration no. P51600022136. 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 Shop and therefore, Promoter and the Allottee are executing 7 present Agreement as a compliance thereof and 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. NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1 . CONSTRUCTION OF THE PROJECT/SHOP:- The Promoter shall construct the said Project in accordance with the plans, designs and specifications as approved by the concerned local Authority from time to time and which have been seen and approved by the Allottee with such variations and modifications as the Promoter may consider necessary or as may be required by the concerned local authority and/or the Government Authority to be made in them or any of them for which the Allottee hereby gives the consent. The Allottee shall not object to the Promoter for making changes in and revising the layout, plans of the Project as required by the Promoter due to additional FSI available or otherwise, as per the Promoter's discretion as permitted legally and as prescribed in law including RERA. Provided that the Promoter shall obtain prior written consent of at least 2/3rd Allottee/s in respect of variations and modifications which may adversely affect the Shop of the Allottee/s except any alterations or additions or modifications in the sanctioned plans and specifications of the Project or common areas of the said Project 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 or such minor changes or alterations as may be necessary due to architectural and structural reasons duly recommended and verified by the Architect or Engineer. Promoter may also make such minor additions and alterations as may be required by the Allottee. The Promoter has disclosed the details of Floor Space Index in Clause No 7 that can be utilized on this Project land so if in future, the Promoter wishes to utilize the F.S.I. upto the extent disclosed in clause No7, no consent will be required from Allottee. Therefore, in accordance with the sub rule (4) of rule 4 of Real Estate Regulation Rules, 2017 the Allottee hereby gives specific consent to the local authorities and also to the Promoter and has no objection against the Promoter for the following: a) To construct the Project as per the future potential layout/building plan. 8 b)Changes in building/layout plan due to instructions received from local Authority. c) Minor additions or alterations. d) To make changes in floor plans of other floors. e) To make changes in floor plans of other Shops. (Signature of Allottee) (This consent shall be construed as informed consent) 2. CONSIDERATION/PRICE OF THE SAID SHOP:- 2.1. The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Shop No. -------- of carpet area admeasuring ---------- square meters i.e. ---------- square feet on First Floor in the ROONGTA MAJESTIC APARTMENT (hereinafter referred to as "the Shop " for the sake of brevity and convenience which is more particularly described in Schedule II hereunder written) for the consideration of Rs. ------------ /- (Rupees ----------------------------------------Only) and this amount is inclusive of the price for the carpet area of the said Shop and proportionate share in the common areas and facilities but excluding all other expenses, charges and statutory taxes separately mentioned herein below. 2.2. The Allottee/s agrees and understands that timely payment towards purchase of the said Shop 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.--------------/- (Rupees ---------------------------------------Only), as advance payment as mentioned hereunder and hereby agrees to pay to the Promoter the balance amount of Rs. ---------------------/- (Rupees --------------------Only) in the following manner :- ========================================================== Amount (Rs.) Particulars ========================================================== 9 Rs.________ =00 (Rs.__________Only) Recd by Cheque No.______ Dated _______Drawn on________, Rs. _________=00 (Rs. _____________Only) to be paid in________________. ======================================================== ======================================================= Apart from the consideration amount, the Allottee/s herein has/have agreed to pay Goods and Service Tax or any other incidental indirect tax/es that may be notified by the Government. The price overall has been arrived and agreed upon keeping in mind the promise of the Allottee to make the payments as mentioned above. Also the price overall has been arrived after considering the payment to be given as per schedule mentioned. If the Allottee decides to obtain loan facility for payments of the consideration or part thereof, in that event the institution from which the loan is obtained shall adhere to the payment schedule as far as possible. The Allottee agrees to pay the aforesaid sums on due dates without defaults whether formal demand is made or not. The payment of the remaining amount as mentioned in stages hereinabove is the condition precedent to the continuance of Agreement and is the essence of the Agreement between the parties. It is hereby clarified that the Promoter shall be at liberty to vary the chronological order of the various stages of construction/ Items of Work of the said Building in which the said Shop is located and the Promoter shall also be at liberty to simultaneously undertake two or more stages of construction/ Items of Work set out in the hereinabove Payment Plan and to demand from the Allottee/s the aggregate of the installments towards the agreed consideration mentioned in such installments. The Allottee shall make the payment of installments with GST as applicable. The Total Price above excludes Taxes (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 Shop. The Promoter and Allottee has fixed the consideration price of the Shop after considering the impact of input tax credit of G.S.T. that the Promoter will get. 2.3. 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 10 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 upgradation/ changes specifically requested or approved by the Allottee in fittings, fixtures and specifications and any other facility which have been done on the Allottees request or approval but which have not been agreed upon herein. 2.4. The Promoter herein on due date/or on reaching aforesaid construction milestone/stage shall intimate the amount payable as stated above in writing or by digital E-mail to the Allottee and the Allottee shall make payment of such due amount to the Promoter within seven days from date of receiving such intimation. The Allottee herein specifically agrees that he/she/they shall pay the aforesaid amount along with the GST and such other taxes, cesses, charges etc. without any delay along with each installment. It is hereby agreed that the time for payment as specified herein above is the essence of this contract and on failure of the Allottee/s to pay the same on due dates, it shall be deemed that the Allottee/s has/have committed breach of this Agreement and in such case the Promoter shall be entitled to take necessary action against the Allottee/s. The Allottee/s agree/s not to question or challange the said consideration, the same having been settled on lump sum basis after considering all aspects and other terms of the Agreement. 3. MODE OF PAYMENT:- Subject to the terms of the Agreement, the Allottee shall make all payments, on demand by the Promoter, within the stipulated time as mentioned in the Payment Plan through A/ c Payee cheque/demand draft or online payment (as applicable) in favour of ‘ROONGTA HOMES LLP’ payable at Nashik.Only after the Cheque/Demand Draft has been cleared and the amount has been credited to the Promoters Banking Account, the Promoter shall give effect of the same to the account of the Shop of Allottee/s. 4. ADJUSTMENT/APPROPRIATION OF PAYMENTS :- The Allottee/s authorizes the Promoter to adjust/appropriate all payments made by him/her/them under any head(s) of dues against lawful outstanding, if any, in his/her/their name as the Promoter may in its sole discretion deem fit and the Allottee undertakes not object/demand/direct the Promoter to adjust his payments in any manner. 11 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 installments on the due dates, the Allottee/s shall be bound and liable to pay interest as per State Bank of India highest Marginal Cost of Lending Rate plus 2 % per annum, with monthly rests, on all the amounts which become due and payable by the Allottee/s to the Promoter till the date of actual payment, provided that tender of the principal amounts and interest or tender of the interest and expenses thereof shall not itself be considered as waiver of the right of the Promoter under this Agreement, nor shall it be construed as condonation of delay by the Promoter. The amount of interest may be informed to the Allottee/s from time to time or on completion of the said Project/ Shop, and the Allottee/s has/have agreed to pay the same as and when demanded before the possession of the said Shop. 6. OBSERVATION OF CONDITIONS IMPOSED BY LOCAL/PLANNING AUTHORITY:- The Promoter hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local Authority at the time of sanctioning the plans or any time thereafter and shall before handing over the possession of the said Shop to the Allottee/s herein, obtain from the concerned local Authority occupation / Completion Certificate in respect of the said Shop. Notwithstanding anything to the contrary contained herein, the Allottee shall not be entitled to claim possession of the said Shop until the occupation/completion certificate is received from the local Authority and the Allottee has paid all dues payable under this Agreement in respect of the said Shop to the Promoter and has paid the necessary maintenance amount/deposit, G.S.T and other taxes payable under this Agreement of the said Shop to the Promoter and has signed possession documents. 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 Project 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 Project done by him/ them or by any third person on and behalf of the Allottee then the Allottee expressly absolves the Developer from the same liability and specifically consents that on such act done, he shall waive his right to enforce the defect liability on and 12 towards the Developer. After the receipt of occupation/completion certificate from Nashik Municipal Corporation, the Promoter shall be free from any liability in case of any addition and/or alteration to the Shop / Project by the Allottee/s, any damage to the building by accident, any tempering with the geometrical sections of the building, lack of maintenance by the Allottee/s or apartment associations, any event of force majeure and any act of God. 7. DISCLOSURE AS TO FLOOR SPACE INDEX:- The Promoter hereby declares that the Floor Space Index utilized as on date in respect of the Project land is 3574.50 square meters only and Promoter may utilize Floor Space Index of 681.91 Sq Mtrs by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by implementing various scheme as mentioned in the Development Control Regulation or based on expectation of increased FSI which may be available in future on modification to Development Control Regulations, which are applicable to the said Project. The Promoter has disclosed the Floor Space Index of 4256.41 Sq Mtrs as may be utilised by him on the Project land in the said Project and Allottee has agreed to purchase the said Shop based on the proposed construction and sale of Shops to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only. The Promoter shall be entitled to load this additional F.S.I. at any time on the said Project land and the Allottee/s give his/her/their irrevocable consent to the same. The Allottee/s has/have given his/her/their irrevocable consent thereof and the Promoter shall be entitled to revise the plans, get the sanctioned from local Authority, construct the additional units/floors as may be permitted by the local Authority and the Allottee/s shall fully co-operate with the Developer to enable the Promoter to make any addition/alteration on the said land in accordance with the plans sanctioned or which may be herein after sanctioned by the concerned Local Authority. In case any land or any portion of the said land is acquired by any Authority before execution of the conveyance, then the Promoter alone shall be entitled to take compensation for the same or get F.S.I./T.D.R. in lieu of compensation. Notwithstanding anything contained anywhere in this Agreement, the Allottee hereby declares, confirms and agrees that- (a) the Promoter has also reserved all its rights to use, utilize and consume the Floor Area Ratio/ Floor Space Index (“FAR/ FSI”) originating from the physical area of the Project land either as Floating Floor Space Index or otherwise, so also 13 to use the same in a manner and at a location, either in phased manner or otherwise, as may be exclusively decided by the Promoter, (b) An Apartment shall be formed. (c) The conveyance of the said Project Land together with the building/s constructed thereon, shall be executed by the Promoter in favour of Apartment Holders; (d) The Promoter shall be entitled to compensation from the Allottee in case any obstruction or impediment of any nature raised by and on behalf of the Allottee to the development of the Project land and/or other pieces of land adjoining to the Project land either by amalgamation and/or consumption of FAR/FSI for any building thereon, without prejudice to the rights of the Promoter to terminate this Agreement on such obstruction or impediment being raised by the Allottee, 8. USE OF THE SAID SHOP:- The Allottee shall use the Shop or any part thereof or permit the same to be used only for the valid commercial purpose. 9. DISCLOSURE 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 Project, 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 the facts and rights of the Promoter and after satisfaction of the same has entered into this Agreement. The Promoter herein has also requested the Allottee/s to carry out its own search and to investigate the title of the said Land. For that matter, any other due diligence activity to be done on its own accord for which all necessary disclosures has been provided by the Promoter. The Allotte/s has also verified the title from his/her/their advocate and after being completely satisfied has/have entered into this present Agreement. The Allottee/s henceforth shall not be entitled to challenge or question the title and the right/Authority of the Promoter in respect of the said land and to enter into this Agreement. 10. ADVERTISEMENT/PROSPECTUS: It is specifically understood and agreed by the Allottee that the prospectus, brouchers, other advertising material published by the Promoter from time to time 14 in respect of the Project containing various features such as furniture’s, plantation, colors, vehicles, elevation etc to increase the aesthetic value only and are not facts and the same shall not be considered in any manner as Agreement between Promoters and Allottee. The details mentioned in Schedule IV hereunder are considered as final, definitive duly negotiated and binding between the parties and supersedes all earlier communications. The Allottee hereby declares that the amenities/specifications mentioned in this Agreement shall always prevail over those advertised by the Promoter anywhere, including printed brochures, website or any other media. The price of the unit is negotiated between the parties based upon these amenities/specification agreed and not those mentioned anywhere else; and the Allottee shall never make any claim to the contrary. The Allottee is aware that the perspectives/elevation plans shown on the plans and/or in brochures are tentative and are likely to undergo change in course of construction. The Allottee shall have no objection/complaints whatsoever on the account. 11. SPECIFICATIONS AND AMENITIES:- The specifications and amenities of the Shop to be provided by the Promoter in the said Project and the said Shop are those that are set out in Schedule IV hereto. In the Project, considering to maintain the stability of the building and internal structures, herein specifically informed by its consultant not to allow any internal changes. As per our policy there shall be no customization permitted inside the said Shop. Changes such as civil, electrical, plumbing etc. shall not be allowed during construction and till delivery of possession. The Promoter shall not refund any amount for deleting any items of specifications and amenities on request of the Allottee/s. 12. COMPLIANCE OF LAWS RELATING TO REMITTANCES:- 12.1. The Allottee, if resident outside India, shall be solely responsible for complying with the necessary formalities as laid down in Foreign Exchange Management Act, 1999, Reserve Bank of India Act and Rules and Regulations made thereunder or any statutory amendment(s),modification(s) made thereof and all other applicable laws including that of remittance of payment acquisition/sale/transfer of immovable properties in India etc. and provide the Promoter with such permission, approvals which would enable the Promoter to fullfill its obligations under this Agreement. Any refund, transfer of security, if provided in terms of the Agreement shall be made in accordance with the provisions of Foreign Exchange Management Act, 1999 or statutory enactments or amendments thereof and the Rules and Regulations of the Reserve Bank of 15 India or any other applicable law. The Allottee understands and agrees that in the event of any failure on his/her part to comply with the applicable guidelines issued by the Reserve Bank of India, he/she shall be liable for any action under the Foreign Exchange Management Act, 1999 or other laws as applicable, as amended from time to time. 12.2. The Promoter accepts no responsibility in this regard. The Allottee shall keep the Promoter fully indemnified and harmless in this regard. Whenever there is any change in the residential status of the Allottee subsequent to the signing of this Agreement, it shall be the sole responsibility of the Allottee to intimate the same in writing to the Promoter immediately and comply with necessary formalities if any under the applicable laws. The Promoter shall not be responsible towards any third party making payment/remittances on behalf of any Allottee and such third party shall not have any right in the application/allotment of the said Shop applied for herein in any way and the Promoter shall be issuing the payment receipts in favour of the Allottee only. 13. POSSESSION OF THE SHOP:- 13.1. Schedule for possession of the said Shop:- The Promoter agrees and understands that timely delivery of possession of the Shop 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 Shop, in terms of these presents, the Promoter, based on the approved plans and specifications, assures to hand over possession of the said Shop on or before 31.08.2022. Provided that the Promoter shall be entitled to reasonable extension of time as agreed by and between the Allottee and the Promoter for giving possession of the Shop on the aforesaid date if the completion of building in which the Shop 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) any notices, orders, rules or notification of the Government and/or other public or Competent Authority. iii) changes in any rules, regulations, bye-laws of various statutory bodies and authorities affecting the development of the Project. 16 iv) delay in grant of any NOC/permission/licesnse/connection for installation of any services such as lifts, electricity and water connections and meters to the Project or completion certificate from the local Authority. v) in case of delay or default in payment of dues by the Allottee/s under these presents. vi) pendency of any litigation. vii) where actual work of said Project could not be carried by the Promoter as per sanctioned plan due to specific stay or injunction orders relating to the said Project from any Court of law, or Tribunal, Competent Authority, statutory Authority, high power committee etc. or due to such circumstances as may be decided by the Authority. 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 Shop, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the Project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allotment within 30 days from that date. After any refund of the money paid by the Allottee, Allottee agrees that he/ she shall not have any rights, claims etc. against the Promoter and that the Promoter shall be released and discharged from all its obligations and liabilities under this Agreement. 13.2. That the Allottee/s further agree/s that even where ‘substantial completion’ of works has been done and after receiving OC from the Competent Authority possession of the said unit shall be given. That substantial completion would mean works done that do not affect his use or occupation of his unit and he can cohabit in the said unit. However if the Developer is not allowed by the Allottee or any person on his behalf to complete the remaining portion of the works, it shall be accepted by and between the parties that the remaining works shall be deemed to have been done as and against the Developer. 13.3. Procedure for taking possession:- The Promoter, upon obtaining the occupancy certificate from the local/Competent/planning Authority shall offer in writing/by email to the Allottee/s intimating that, the said Shop is ready for use and occupation. The Allottee/s herein shall inspect the said Shop in all respects to confirm that the same is in accordance with the terms and conditions of this 17 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 Shop within 15 days from the date of written intimation issued by the Promoter to the Allottee herein. The Promoter agrees and undertakes to indemnify the Allottee/s in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee/s agree/s to pay the maintenance charges as determined by the Promoter/association of Allottee/s, as the case may be. 13.4. It shall be expressly agreed that wherever it is the responsibility of the Allottee to apply and get necessary services the same shall not be undertaken by the Promoter and the Allottee shall be solely responsible for the same. 13.5. Failure of Allottee to take Possession of Shop: Upon receiving a written intimation from the Promoter as per clause 13.3, the Allottee/s shall take possession of the Shop from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the Shop to the Allottee. In case the Allottee fails or commits delay in taking possession of said Shop within the time provided in clause 13.3, such Allottee shall be liable for payment of maintenance charges as applicable, property tax, electricity charges, interest on delayed payment and any other expenses and outgoing in respect of the said Shop and the Promoter shall not be liable for the maintenance, wear and tear of the said Shop. 13.6. Compensation –That the Allottee has given his specific confirmation herein that the responsibility of the title of the said land be on the Promoter up and until the conveyance of the said Project and the said land thereunder. 13.7. Except for occurrence of the events stating herein above, if the Promoter fails to complete or is unable to give possession of the Shop (i) in accordance with the terms of this Agreement, duly completed by the date specified herein; or for any other reason; the Promoter shall be liable, on demand to the Allottee/s, in case the Allottee/s wish/es to withdraw from the Project, without prejudice to any other remedy available, to return the total amount received by him in respect of the Shop, with the interest as per State Bank of India highest Marginal Cost of Lending Rate plus 2 % percent per annum within 30 days. 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 18 Allottee, for every month of delay, till the handing over of the possession of the Shop. 13.8. Before delivery of possession of the said Shop, the Allottee/s shall satisfy himself/herself/themselves about the correctness of area of the said Shop and about the quality of the construction work and specifications/amenities provided. Thereafter the Allottee/s shall not be entitled to make any complaint in this particular regard and all the rights regarding the same shall be deemed to have been waived. The Allottee/s, after receiving the possession of the said Shop, has/ have to duly verify all that has been handed over in this regard and if any kind of defect in respect of fixtures and fittings, doors, aluminiums windows etc, is noticed in the said Shop, the Allottee/s shall inform/intimate the Promoter herein immediately and the Promoter shall be the responsible to repair such defects at its own cost. The Promoter shall ensure that the handover of possession is conducted smoothly and due acknowledgement in writing is taken from the purchaser as to his/her/their satisfaction regarding the same. 13.9. After the possession of the Shop/ Project is handed over, if any, work thereafter is required to be carried out by the Government or Municipality or Statutory Authority, the same shall be carried out by the Allottee/s in co-operation with the other Allottee of the Shops and/or the ultimate organization in the said Project at their own costs and the Promoter shall not be in any manner liable or responsible for the same provided the Promoter has duly discharged its duties in all aspects and that it is out of purview of the Promoter duties and responsibilities under these presents. 13.10. The Promoter shall give possession of the said Shop to the Allottee on or before the date prescribed herein above and on receiving all the dues payable by the Allottee to the Promoter, if any. The Allottee hereby agrees and confirms that he/she/them does not have any objection with regard to receiving the possession of the said Shop at such early date from the Promoter herein and as such hereby admits and undertakes to make payment of full consideration in respect of the said Shop and all other amounts payable by the Allottee in respect of the said Shop at such early date, in the event the Promoter is able to expedite the development of the said Shop and handover the possession of the same at such early date. 13.11. The Promoter may complete part portion or floor of the Project and obtain part occupancy certificate and give possession of the Shop to the Allottee hereof and the Allottee shall not be entitled to raise any objection thereto. Upon the Shop Allottee taking possession of the said Shop (including the Allottee taking 19 possession of the said Shop) in such partly completed or portion or floor, the Promoter or their agents or contractors shall carry on the remaining work with the Allottee occupying his/her/their/its Shop. The Allottee shall not object to, protest or obstruct in the execution of such work, even though the same may cause any nuisance or disturbance to him/her/them/it. 14. 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 Shop to the Allottee after receiving the occupancy certificate or the completion certificate as the case may be. Similarly, the Allottee shall make timely payments of the installment and other dues payable by him/her and meeting the other obligations under the Agreement. 15. TERMINATION OF AGREEMENT:- 15.1. Without prejudice to the right of the Promoter to charge interest, on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local Authority and other outgoings) and on the Allottee committing three defaults of payment reminders, the Promoter shall at his own option, may terminate this Agreement: Provided that, Promoter shall give notice of 15 days in writing to the Allottee, by Registered Post AD at the address provided by the Allottee and mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Allottee fails to 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/ 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 the Promoter, ) within a period of 30 days of the termination, the instalments of sale consideration of the Shop which may till then have been paid by the Allottee to the Promoter and the Promoter herein shall be entitled to deal with the said Shop with any prospective buyer. Delay in issuance of any reminder/s or notices 20 from the Promoter shall not be considered as waiver of Promoter’s absolute right to terminate this Agreement. 15.2. For whatsoever reason if the Allottee/s herein, without any default or breach on his/her/their part, desire to terminate this Agreement /transaction in respect of the said Shop then, the Allottee/s herein shall issue a prior written notice to the Promoter as to the intention of the Allottee/s and on such receipt of notice the Promoter herein shall be entitled to deal with the said Shop with prospective buyers. After receipt of such notice of intention to terminate this Agreement the Promoter shall issue a 15 days notice in writing calling upon him/her/them to execute and register Deed of Cancellation. Only upon the execution and registration of Deed of Cancellation the Allottee/s shall be entitled to receive the refund of consideration, subject to terms of this Agreement. 15.3. It is specifically agreed between the parties hereto that, if the transaction in respect of the said Shop between the Promoter and Allottee/s herein terminated as stated in sub-para 15.1 and 15.2 herein above written then all the instruments under whatsoever head executed between the parties hereto or between the Promoter and Allottee/s herein, in respect of the said Shop, shall stands automatically cancelled and either party have no right, title, interest or claim against each other except as provided hereinafter. 15.4 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. In the event of cancellation by the Allottee, the Promoter is not responsible to refund any taxes and duties such as GST, stamp duty and registration charges which were paid to the Government and the Allottee shall apply for refund at their own effort and cost. 16. DEFECT LIABILITY If within a period of five years from the date of handing over the Shop to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Shop or the Project in which the Shop are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost. Provided however, that the Allottee/s shall not carry out any alterations of the whatsoever nature in the said Shop of Project and in specific the structure of 21 the said unit of the said Project which shall include but not limit to columns, beams etc. or in the fittings therein, in particular it is hereby agreed that the Allottee/s shall not make any alterations in any of the fittings, pipes, water supply connections or any erection or alteration in the toilet 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 Shop by the occupants, vagaries of nature, damage to electrical equipments due to voltage fluctuations, force majeure, abnormal heavy rains, abnormal fluctuation in temperature 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 Shop 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/ Project, 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 Shops 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 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 degree celcius 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 and in 22 the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement. 17. FORMATION OF ORGANISATION OF SHOP/APARTMENT HOLDERS:- 17.1. Considering the Promoter herein is carrying on the construction/development on the said land as aforesaid and further to have the maintenance of Project and common facilities more conveniently, there will be one APARTMENT Formation as per the provisions of the Maharashtra Apartment Ownership Act 1970. Hence, the Allottee will have to purchase the Shop under the scope and under the provisions of said Apartment Declaration Deed. 17.2. The Allottee along with other Allottee(s)/s of Shops in the building shall 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 Shop and including the bye-laws of the proposed apartment 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 organization of Allottee. 18. CONVEYANCE OF THE SAID SHOP:- The Promoter, on receipt of complete amount of the Price of the said Shop under the Agreement from the Allottee, shall execute a Conveyance Deed and convey the title of the said unit within 6 months from and after obtaining the full and final completion certificate in respect of the entire Project . 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 authorizes 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. 19. COMPLETION / OCCUPANCY CERTIFICATE:- The Promoter hereby assures to obtain all N.O.C's from various concerned government authorities and shall submit the file to the Local Authority for occupancy/completion certificate. However, if the local Authority delays issuing the certificate beyond 21 days after submission of all the required 23 documents/NOC's for occupation/completion, then same shall not be construed as delay on the part of the Promoter in obtaining Occupancy/Completion Certificate. 20. PAYMENT OF TAXES, CESSES, OUTGOINGS ETC:- 20.1. The Allottee/s herein is well aware that, the GST etc is imposed/increased by the government and further at any time 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 Shop 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; 20.2. Within 15 days after notice in writing is given by the Promoter to the Allottee that the Shop 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 Shop) of outgoings in respect of the Project land and Building namely local taxes, betterment charges or such other levies by the concerned local Authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers, Infrastructure charges if applicable and all other expenses necessary and incidental to the management and maintenance of the Project land and building as stated and defined as attached herewith in Schedule V . The Allottee shall pay:- 1) Monthly maintenance charges as may be calculated by the Promoter or office bearers of Apartment Association for meeting common expenses. 2) Rs. 25,000/- is to be paid against Lift maintenance deposit. 3) The Allottee also admits to pay additional amount for any additional expenses as and when demanded by the Apartment Association or the Promoter. The deposit amounts received by the Promoter for the common maintenance charges shall be handed over by the Promoter to the association after deducting the expenses incurred till handing over Project to office bearers. 24 20.3. 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 Shop 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 Shop being first encumbrance of the Promoter. The Allottee/s herein with due-diligence has accepted the aforesaid condition. 21. 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 the implementation of the Project; b) The Promoter has lawful rights and requisite approvals from the Competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the Project; c) There are no encumbrances upon the Project land or the Project. 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 and 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 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 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 25 all applicable laws in relation to the Project, Project land, Building 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 with any person or party with respect to this Shop in any manner, affecting 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 Shop to the Allottee in the manner contemplated in this Agreement; j) 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. 22. COVENANTS AS TO USE OF SAID SHOP:- The Allottee/s or himself/themselves with the intention to bring all persons into whosoever hands the Shop may come, hereby covenants with the Promoter as follows for the said Shop and also the said Project in which the said Shop is situated. a. To maintain the Shop at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the Shop is taken and shall not do or suffer to be done anything in or to the building in which the Shop 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 Shop is situated and the Shop itself or any part thereof without the consent of the local authorities, if required. b. Not to store in the Shop 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 Shop is situated or storing of such goods which are objected 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 Shop is situated, including entrances of the building in which the Shop is situated and in case any damage is caused to the building in which the Shop is situated or the Shop on account of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. 26 c. To carry out at his own cost all internal repairs to the said Shop and maintain the Shop in the same condition, state and order in which it was delivered by the Promoter to the Allottee and shall not do or suffer to be done anything in or to the building in which the Shop is situated or the Shop which may be contrary to the rules and regulations and bye-laws of the concerned local Authority or other public Authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the consequences thereof to the concerned local Authority and/or other public Authority. d. Not to demolish or cause to be demolished the Shop 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 Shop or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Shop is situated and shall keep the portion, sewers, drains and pipes in the Shop 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 Shop is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardi or other structural members in the Shop without the prior written permission of the Promoter and/or the Apartment as the case may be. After possession of the said Shop, the Allottee/s has/have agreed to carry out regular and periodical inspection of the structure, beams, columns, Projections, drainage lines, water lines, electrical lines, lift, power back ups, pumps etc and to carry out necessary repairs as and when required. e. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Shop in the compound or any portion of the Project land f. 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 . g. 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 Shop by the Allottee for any purposes other than for purpose for which it is sold. h. 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 Shop until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up. 27 i. The Allottee shall observe and perform all the rules and regulations which the ROONGTA MAJESTIC APARTMENT may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said Project and the Shops 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 ROONGTA MAJESTIC APARTMENT regarding the occupancy and use of the Shop in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other out-goings in accordance with the terms of this Agreement. j. 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. k. 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 both the parties equally. l. The Allottee shall not use the premises for the industrial manufacturing purposes, workShop., auto garage, flour mill, printing press and liquor Shop, bar shop, massage centre, gambling house, classes, service apartment, hostel, group accommodation, lodging boarding or for any other immoral or illegal purposes. The Allottee shall use the Shop or any part thereof or permit the same to be used only for the valid commercial purpose. m. The Allottee shall not have his premises painted from outside by different color than provided to the building nor the Allottee shall change the elevation of the building. The Allottee shall also not use additional windows, ventilators, opened other than already provided. n. All the Owners of Shops are restricted to display any such name-board or any advertisement material beyond the height of their respective Shops which will spoil the beauty of look of the elevation of building “ROONGTA MAJESTIC APARTMENT”. This restriction is as well applicable to other owners of the commercial units. o. The Allottee shall use the only said Shop agreed to be sold to him. No other areas shall be occupied by the Allottee. p. Not to obstruct the development work for any reason and in any way. 28 q. Not to cause any nuisance to other Allottee/s and the Promoter in any matter whatever. r. No addition or alternation will be carried out in the Shop/ Project without the consent from the local authorities. s. The Allottee is well aware that the Promoter will construct building/ Project based on Future Potential as mentioned. The Allottee assures that after possession of the said Shop, he shall not cause any hindrance/obstruction/objection to the movement of men and machinery required to construct the future buildings. t. The terrace / balcony shall not be enclosed by the Allottee till the permission in writing is obtained from the concerned local Authority and the Promoter or the Apartment as the case may be. u. Construction of a loft and other civil changes done internally shall be at the risk and cost of the Allottee, who shall not damage the basic R.C.C. structure. For that matter any changes done by the Allottee which are not approved and which are not practicable and prudent shall be at the cost and risk of the said Allottee herein. v. The Allottee shall not demolish or cause to be demolished and is denied at any time to make any addition or alternation of whatsoever nature in or to the structure or construction of the said Shop. w. All the unallotted terraces or open gardens/spaces/area etc shall remain exclusively owned by the Promoter unless specially allotted to any unit Allottee and the Allottee shall not object to the Promoter for allotting or using the same in any manner as it may deem fit. x. Not to lift any heavy material from the outside or put any kind of weight on the elevation features of the building (including mouldings, carvings, dummy columns, figurines, dummy beams, capitols etc.) which may be superimposesed by the Promoter for purpose of elevation. The Allottee agrees that no load, including human load shall be brought upon such features. If any such structural members or elevation features are mutilated or spoilt by the Allottee or anyone on their behalf or if any mishap occurs due to any weight being brought onto such elevation features of the building, the Allottee shall be solely responsible for the same and shall be responsible for any such mishap and also for restoring the features to their original state at the cost of the Allottee only. y. Allow unlimited access at all reasonable times and extend full cooperation to the representatives, surveyors, contractors, workers and agents of the Promoter and/or the body or other Allottees to enter into the said premises or any part 29 thereof to view and examine the state and condition thereof, to carry out repairs/maintenance etc. z. Not to install split or window air conditioners in the shops/ at places so as to maintain the elevation and uniformity of the building. The Allottee shall ensure that the water overflow from all air conditioners installed by the Allottee are properly drained and no water overflow shall fall onto any premises below or in the compound of the building. aa. Not to install/fix any grill or railing of the balconies, terraces or windows except with the written permission of the Promoter. ab. Not to place any plants or pots on any external face, chhajja, parpetor at any place in the building (unless provided for by the Promoter) which shall be visible in the elevation, nor shall he/she shall water the plants/pots in any manner that may cause leakage or leave marks or stains on the paint of the building. If any leakage or leave marks or stains occurs on the paints of the building, due to violation of these conditions by the Allottee or if any part of the building or paint is spilt by the Allottee or anyone on their behalf or if any mishap occurs due to such actions, the Allottee shall be solely responsible for the same; and shall also be responsible for damage due to any mishap and also for restoring the features and paint to its original state at cost of the Allottee only. 23. NAME OF THE PROJECT:- Notwithstanding anything contained anywhere in this Agreement, it is specifically agreed between the parties hereto that, the Promoter herein has decided to have the name of the Project “ROONGTA MAJESTIC APARTMENT”. 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 of “ROONGTA MAJESTIC APARTMENT” 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. 24. 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 30 said Shop. This Agreement may only be amended through written consent of the Parties. 25. MEASUREMENT OF THE CARPET AREA OF THE SAID SHOP:- In case the Allottee or the Promoter desires, the Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Project 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 the 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 Shop, in case of a transfer, as the said obligations go along with the Shop for all intents and purposes. That the Allottees agree that they shall not object to any easement rights that need to be given to any person in and around the said Project and shall neither object to any such proceedings of land acquisition undertaken by a government agency including any compensation/ benefit given to the Promoter in turn for which no conveyance has occurred to the ultimate body expressly stated in this Agreement and for which no consideration is specially dispensed by the Allottee to the Promoter for the same; save and except his right to enjoy and use the unit purchased by him and any other rights given by the Developer to the Allottee for which consideration has been dispensed. 31 27. PROMOTER TO HAVE PARAMOUNT CHARGE TILL ALL AMOUNTS PAID: That the Promoter shall have first and paramount necessary lien and first charge on the said unit for all amounts that the Allottee is liable to pay under this Agreement and the Promoter shall be entitled to recover and receive the same from the Allottee and shall be entitiled to withhold giving possession subject to the payment thereof and of the other liabilities relating to taxation or otherwise. 28. PAYMENT OF STAMP DUTY, REGISTRATION FEE & LEGAL CHARGES:- The Allottee/s herein shall bear and pay stamp duty and registration fees and all other incidental 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. The Allottee/s shall present this Agreement, duly stamped as per rules, at the proper registration office for registration within the time limit prescribed by the registration act and on intimation that the Promoter will attend such office and admit execution thereof. The Allottee hereby indemnifies the Promoter against any liability towards stamp duty, registration charges and/or other claims/penalties that may be levied by any government Authority for non - payment or short payment of stamp duty or other charges upon execution of this Agreement. 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 applicable laws, such provisions of the Agreement shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Agreement and to the extent necessary to conform to Act or the Rules and 32 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 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 Nashik. 32. OTHER CONDITIONS:- a. Whereas the Allottee shall also be aware of the specifications and amenities to be provided by the Promoter in the said Project and the same shall be as per the details attached and the specifications hereunder mentioned. That the Promoter is only liable to provide the amenities which are mentioned in this Agreement. The sales representatives of the Promoter have not given any verbal commitments to the Allottee herein. The Allottee confirms that he/she/they will not demand any changes of whatsoever nature in the said Shop/Unit/ Project which the Allottee intends to book. The Allottee herein is aware that the brochure provided by the Promoter is a replica of the proposed Project and whereas the actual Project will be as natural as it should be. b. The Allottee is aware that the Promoter will be applying for water connection on behalf of the apartment to the Municipal Corporation after receiving Completion Certificate ( as per rules of Nashik Municipal Corporation). However, the Authority to sanction the application for waterlines lies with the Nashik Municipal Corporation as per its terms and conditions and whereas the supply of water by concerned authorities shall be supplied as per daily schedule of Nashik Municipal Corporation and therefore the Promoter shall not be held responsible for the supply of water or low pressure of water. c. The Promoter assures that he would do all the necessary documentation for acquiring electricity connection which shall be provided by MSEDCL. The Promoter herein assures that he would obtain the sanction regarding the same before possession. However, the Allottee shall not have any objection if it gets delayed by whatsoever reason (i.e. technical reason, shortage of electric meters with MSEDCL etc.). If such situation occurs, the Allottee herein is aware that he/she/they are required to obtain temporary connection from the meter of the 33 Developer by installing sub-meter. It is hereby understood that the electricity charges for the same shall be borne by the Allottee. d. The Promoter herein is aware that he is required to provide drainage line to the apartment which shall be connected to drainage line of Nashik Municipal Corporation, and the same shall fall under the terms and conditions of Nashik Municipal Corporation. However, if the NMC drainage line is delayed due to any reason not attributable to the Promoter or beyond its control, in such case the Promoter shall make necessary arrangements at the cost of the Allottee. e. The Allottee is aware that they may be required to execute and register a Supplementary Deed in case there are any variations of inclusion of new or additional rules as per RERA. f. In the event, the Ultimate Organization is handed over the administration of the property before the sale and disposal of all the Shops in Project, all the powers, authorities and right of the accommodation to the Allottee herein shall always be subject to the Promoter’s over all right to dispose of unsold Shops and all other right thereon, it is specifically agreed between the parties hereto that for the unsold Shops/tenements/units the Promoter herein shall and will not be liable or required to contribute towards the common expenses or maintenance charge or any amount under any head towards the share in the common expenses in respect of the unsold tenements nor will be the Promoter or the new incoming Allottee be liable and required to pay any transfer charge, premium etc. g. The Allottee authorizes and empower the Promoter to make representation by executing such documents and forms as may be necessary, for procuring electricity connection, water connection and meter for the said Shop in the name of Allottee, municipal assessment of the said Shop in the name of Allottee. The Allottee undertakes to bear all the expenses at actual for the same, as levied by the Competent Local Authority for entire financial year even if the possession of the said Shop is taken later. h. The Allottee understands that the works of the development and construction on the said land by the Developer may continue even after grant of possession of the said Shop to the Allottee. The Allottee shall not make any claims of any nature, relating to or on account of nuisance, annoyance, damages or compensation in this respect. i. The Allottee has/have read and understood all the terms and conditions of indemnity bonds/undertakings etc. given by the Promoter to the Collector/Corporation or any other Authority and terms and conditions mentioned 34 in Commencement Certificate, NA order and Completion Certificate (if any) and Allottee agrees that this Agreement is subject to the said terms and are also binding on him/her/them. j. If necessary, the Allottee hereby irrevocably authorizes and empower the Promoter to represent him before the concerned authorities in all matters regarding the property Tax, Assessment and Re-assessment and the decisions taken by the Promoter in this regard shall be binding on the Allottee. The Promoter shall represent the Allottee to do all the necessary things in all the departments of the Nashik Municipal Corporation, Collector, Government, Semi- Government MSEDCL etc. and the same shall stand ratified and confirmed by the Allottee’s personal representation in the form of signature, the Allottee shall sign the same and shall not withhold the same for any reason whatsoever. k. The Allottee herein declares that in “ROONGTA MAJESTIC APARTMENT” Project, the Promoter herein is providing amenities and common facilities in the Project and it is specifically agreed between the parties hereto that, the Promoter shall not be responsible after handing over of the units to buyers of the tenements, the “ROONGTA MAJESTIC APARTMENT CONDOMINIUM” shall set it’s own norms for use of common amenities in order to avoid due to misuse, injuries and casualties/ calamities and any damages of whatsoever nature caused to any person or property and for which the Promoter will not be responsible. 33. PROJECT FINANCE: a. The Allottee hereby has accorded his/ her/ their irrevocable consent for the Promoter to avail any project finance loan from any bank/s and/or financial institution and/or person, and covenants not to raise any obstruction and/or impediment and/or any objection for the same. b. The Allottee may obtain finance from any bank/financial institution or any other source for purchase of the Shop, but the Allottee’s obligation to purchase the Shop pursuant to this Agreement shall not be contingent on the Allottee’s ability or competency to obtain such finance and the Allottee will remain bounded by the terms of this Agreement. 34. 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 35 to the Allottee or the Promoter by Registered Post at their respective addresses specified below: (Allottee Address) ROONGTA HOMES LLP Shree Tirumala Ashirwad Apt, Pethe Nagar Road, Opp Balbharti, Indira Nagar, Nashik - 422009 (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. 35. 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 be considered as properly served on all the Allottees. 36. 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. 37. The Allotte shall not demand partition of the said property i.e. the plot upon which the Project is constructed or for the said Shop. However the name of the Allottee shall only be recorded in the Municipal Corporation record for the assessment of the house taxes. 38. CONSENT:- That the Allottee has given his/her/their irrevocable consent to revise the Building Plan without affecting the area under this document. 39. DISPUTE RESOLUTION: - Any dispute between parties shall be settled amicably. In case of failure to settle the dispute amicably, which shall be referred 36 to the Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 40. The Parkings provided in Basement and the open space in front of ground floor shops for parkings is common for all the unit holders in the said project. The Allottee/s hereby declares that he/she/they has/have read and fully understood and agreed to the contents of this Agreement and thereafter the same has been executed by the Alottee/s. SCHEDULE- I (THE SAID PROJECT LAND REFERRED TO ABOVE) All that piece and parcel of the land bearing S.No. 871/1/2/13/14/26/27, out of which Plot No. 9 and 10 (paiki) / 22 and 23 admeasuring 1980.26 sq.mtrs out of which 629.02 sq.mtrs acquired for road widening and handed over to Nashik Municipal Corporation, so remaining land area 1351.24 sq.mtrs., lying and being at Mauje Nashik, Dist Nashik, which property is bounded as shown below: On or towards East : 9.14 mtrs colony road On or towards West : D.P road area On or towards South : 9.14 mtrs colony road On or towards North : Plot no. 24 and 11 SCHEDULE- II (OF THE SAID PREMISES REFERRED TO ABOVE) Carpet area of Shop about ---------- square meters i.e. ---------------- square feet . 1. Shop No: ------------- 2. Floor: -------------- 3. In the Project known as “ROONGTA MAJESTIC APARTMENT” On or towards East : On or towards West : AS PER APPROVED BUILDING PLAN On or towards South : On or towards North : SCHEDULE- III COMMON AREAS AND FACILITIES: 37 a. The staircase available to the building. b. The overhead water tank constructed on the top floor of ROONGTA MAJESTIC APARTMENT. c. The underground water Tank, constructed on ground space along with the electrical motor fittings and plumbing system thereof in the ROONGTA MAJESTIC APARTMENT and Municipal water connection. d. Plumbing network throughout the said ROONGTA MAJESTIC APARTMENT e. Electric wiring at all the common spaces up to the entrance of each family unit along with main electric supply up to meter box. f. Foundation columns and roofs along with all common walls g. Lift with Genset. h. Common electric meter for elevator, lights of staircase, lobby etc. if any i. The Parkings provided in Basement and the open space in front of ground floor shops for parkings is common for all the unit holders in the said project j. Fire Fighting Systems. SCHEDULE- IV 1. R.C.C: RCC Frame structure, External wall 6" thick & internal walls 4" thick block. 2. Plaster: External Sand faced & Internal neeru finish plaster. 3. Shutters:- Shutters for Shops. 4. Windows: 3 track power coated alumininum sliding windows with mosquito net, safety grills & granite frames. 5. Toilets: Plumbing/Sanitary fittings. Designer glazed tile up to 7’ feet and anti skid tiled floor. 6. Flooring: 2x2 vitrified tiles . 7. Electrification: Concealed electrification, GM/Leon/Anchor or equivalent switches, adequate electrical points in every Shop. 8. Lift: Lift with Genset. 9. Paint: Internal oil bound distemper. External waterproof apex paint. 10. Parking: Paved with Paver Block. Due to constant developments the above specifications and amenities are subject to change without any notice on account of non-availability of material or non-feasibility. SCHEDULE- V 38 1. The expenses of maintaining, repairing, redecoration etc. of the main structure in particular the roof, gutter, rain, water pipes, gas pipes, if any, passage, entrances, landings and staircase used and enjoyed by the Allottee in common with others as aforesaid. 2. The cost of cleaning and lighting the passage, landings, staircase and other parts of the building as enjoyed or used by the Allottee in common as aforesaid. 3. The cost of the decorating exterior of the building. 4. The cost of the salaries of Clerks, Bill Collectors, Chowkidars , sweepers etc. appointed by Developers / Co-op. Society to manage and look after the building. 5. The cost of maintenance of other light and service charges. 6. Municipal and other charges of taxes and light bill to be paid in common for common areas. 7. Insurance of the Building. 8. The running expenses as necessary or incidental for maintenance. 9. Such other expenses as necessary or incidental for maintenance and upkeep of the building. 10. N.A. Tax after completion of building. 11. Renewal of maintenance contracts with vendor such as maintenance contract of lift etc. 12. Lift expenses. 13. Vacant plot tax / House tax for commen area after completion of building ANNEXURE- “A” TITLE CLEARANCE CERTIFICATE Advocate TO WHOMESOEVER IT MAY CONCERN: On verification of all the documents produced before me, it appears that the title of the property bearing S.No. 871/1/2/13/14/26/27, out of which 39 Plot No. 9 and 10 (paiki) / 22 and 23 admeasuring 1980.26 sq.mtrs out of which 629.02 sq.mtrs acquired for road widening and handed over to Nashik Municipal Corporation, so remaining land area 1351.24 sq.mtrs., lying and being at Mauje Nashik, Dist Nashik is owned by the Promoter is cleared & marketable and Promoter on the strength of Sale Deeds has right to develop the plot and to sale the constructed premises thereon. Sd/- xxx Sau. Vidyulata Kantilal Tated. Advocate IN WITNESS WHEREOF the parties hereto have hereunto subscribed their respective hands and set their seals on the day, month and year hereinabove mentioned. SIGNED AND DELIVERED BY THE WITHIN NAMED THE PROMOTER ROONGTA HOMES LLP through its partner MR. AKHIL LALIT ROONGTA. ———————————— PROMOTER/DEVELOPER/BUILDER SIGNED SEALED & DELIVERED BY THE WITHIN NAMED ALLOTTEE —————————— ALLOTTEE IN THE PRESENCE OF WITNEESES 1.____________________________2.____________________________ 40