LETTER OF ALLOTMENT Date: - To, …………………………………………………… …………………………………. (Hereinafter referred to as ‘Allottee’) Subject: Allotment of Residential Unit No…………. in the project knownunder the name ATHARVA COMPLEX with various residential flats situated at Village SAIKHEDA, Taluka NIPHAD 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 Floor No. Type of Unit Carpet Area Area of Balcony Space/s (if any) Area of attached Terrace/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 Avhad Infraprojects Ltd.. (Authorized Signatory) ANNEXURE A PAYMENT SCHEDULE Particulars Percentage Amount (in Rs. At the time of booking 10% Immediately after Agreement 10% After completion of Plinth 15% After completion of 1st 5% After completion of 2nd 5% After completion of 3rd Slab 5% After completion of 4th Slab 5% After completion of Brickwork & Internal Plaster 15% After completion of Plumbing & External Plaster 15% After completion of Water pump & Electrical fitting 10% After handing over/ Possession to Allottee based on 5% certification by Architect ANNEXURE B SOCIETY AND OTHER CHARGES Particulars Amount (in Rs.) 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 | SHREE | AGREEMENT FOR SALE( FLAT) This Agreement for Sale is made and executed at Nasik on this day of___in the Year 2019. BETWEEN AVHAD INFRAPROJECTS LTD.. A PUBLIC LTD COMPANY, (PAN AALCA4400), REGISTERED UNDER THE COMPANIES ACT having its registered Office at “Avhad Infraprojects Ltd..” F-1-B, FIRST FLOOR, SURYODAY SANKUL, NEAR BUS STAND, SINNER, NASHIK-422103, Maharashtra, India. THROUGH ITS DIRECTOR,SHRI. SHANKAR TUKARAM AVHAD.Age 39 years. Occupation: - Business. Hereinafter referred to as "The Promoter/Developer /vendor” 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 SECOND PART LIST OF SCHEDULES AND ANNEXURES Sr. Annexure Description Sr. No. Schedule Description No. 1 A Property 7/12 Extracts 1 A 1 A Project Land 2 B Commencement Certificate 2 B Said Apartment 3 C N.A. Order 3 C Development Works of Project 4 D Supplemental Title opinions 4 D Internal specification of Apartment 5 E Copy of Index II sale Deed 5 E Payment Schedule 6 F Current Sanction Building Plan 6 F Maintaince Schedule 7 H Sanctioned Floor plan & Typical 7 --- ------- Floor Plan C About Sub Particulars Clause No. 1 Title History 1.1 Whereas the Promoter purchased Non-Agriculture Project Land plot no 08 an area admeasuring 232 Sq. Mtr.00 Ares from Mrs. Pramila Vishnu Nagare by way of registered sale deed and the said ocument was registered in the office of The Joint Sub-Registrar Niphad, vide Document Serial No. 1429/2018 dated 15/10/2018 and Project Land plot no 07 an area admeasuring 153 Sq. Mtr.00 Ares from Mr.Shankar Tukaram Avhad by way of registered sale deed and the said document was registered in the office of The Joint Sub- Registrar Lasalgaon, vide Document Serial No. 1265/2019 dated 18/10/2019 1.2 AND WHEREAS the Promoter is in possession of the project land. AND WHEREAS the Promoter is entitled and enjoined upon to construct buildings on the project land in accordance with the recitals herein. 1.3 AND WHEREAS the Property 7/12 extract for above Said Project Land is annexed herewith as “Annexure A”. Commencement 1.4 AND WHEREAS the Promoter has submitted a Certificate residential building plan on the above mentioned project land & the said building plan was sanctioned by Executive Engineer, NMRDA vide their Commencement Certificate No. NMRDA/BT/SAIKHEDA/423 PART/PLOT NO 7+8/1041 Dated 04/10/2019. “Annexure B”. N.A.Order 1.5 N.A. Order No. JAMA/NA/SR/89/2018 NIPHAD Date 03/09/2018 given by SDO Niphad Dist Nashik as “Annexure C”. 1.6 AND WHEREAS the detailed title history and flow of title is explained briefly in title search report conducted by Advocate which is annexed herewith as Annexure D” 2 Urban Land 2.1 AND WHEREAS the said land does not come within the Ceiling territory of Nashik Urban Land Agglomeration and therefore provisions of Urban Land (Ceiling & Regulation) Act, 1976, are not applicable 3 Real Estate 3.1 Name: “ATHARVA COMPLEX” (Hereinafter Project referred to as the “Project”) Address 3.2 Plot NO 07+08 Gat No 423/1, situated at Village SAIKHEDA, Taluka NIPHAD and District Nashik. 3.3 AND WHEREAS based on the commencement certificate mentioned above, following buildings are currently sanctioned:Building = Grd.+ 3 Floors Residential + commercial Building The current sanctioned layout is annexed herewith as “Annexure E”. ---------------------------------- (Signature of the Allottee) (I have verified the sanctioned plans and read the Commencement letter). Commencement of 3.4 AND WHEREAS upon obtaining all the above permissions the Project Promoter has started the construction of the Project. 4 Compliance of Real 4.1 AND WHEREAS The Real Estate (Regulation & Development ) Estate (Regulation & Act, 2016 has come into force since 1/05/2017. Since Development) Act, “ATHARVA COMPLEX” is an ongoing Housing project, the 2016 Promoter will register the same with the Authority within the stipulated period of time and in accordance with rules published on 20/04/2017 by the Housing Department, Government of Maharashtra. Definition of Carpet 4.2 AND WHEREAS for the purpose of this agreement area , Balcony area, following areas are defined: Terrace area and Carpet area: As per subsection (k) of Section 2 of the Real common areas 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 Schedule B. 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 shown separately in Schedule B. Open Terrace Area: For the purpose of this agreement open terrace area is defined as open terrace/ terrace area as shown in the sanctioned building plans by the local authority. Open 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. Inspection of all 4.3 AND WHEREAS on demand from the Allottee, the Promoter documents by has given inspection to the Allottee of all documents of title Allottee relating to the project land and plans, designs & specification prepared by the project Architect and all other such ocuments 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 litigation no civil/ criminal case is pending with respect to the said land. Disclosure Regarding 4.5 The Promoter hereby declare that there is no reservation or reservation in the acquisition on any part of the said Project Land. said Land Disclosure regarding 4.6 The Promoter hereby declare that the separate legal entity separate Legal Entity will be formed for Residential Building. for residential 5 Interest shown by the 5.1 AND WHEREAS Allottee was in search of Residential Allottee premises in vicinity of Village Deolali and 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 Allottee has conveyed his readiness and willingness to purchase the Apartment No. ……..on ………Floor in residential Buildings “………..” in the …….of the project known as “ ATHARVA COMPLEX”which 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”. 6 Offer and acceptance 6.1 AND WHEREAS, in accordance with terms and conditions set out in this agreement and as mutually agreed upon by and between the parties, the Promoter hereby agrees to sell and the Allottees hereby agrees to purchase the Apartment. 7 Willingness to enter 7.1 AND WHEREAS, the Parties relying on the confirmations into Agreement representation and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in these agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter. 8 Registration of 8.1 AND WHEREAS as per Section 13 of the Real Estate Agreement Regulation Act, the Promoter is required to execute a written agreement with the Allottee for the sale in respect of the said apartment and therefore, Promoter and the Allottee are executing 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. 9 Entire Agreement 9.1 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 and all understandings, any other agreement, allotment letter, correspondences whether written or oral between the parties in regards to the said apartment. NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS :- Obligation of the Promoter: 10 Said Apartment 10.1 As per the interest shown by the Allottee in above mentioned clause, the Promoter has agreed to sell the apartment more particularly described in “Schedule.B” subject to the consideration amount and payment schedule as detailed herein under. Development 10.2 The Promoter hereby assures to provide Internal and Works External Development in the Project more particularly described in “Schedule C” Internal Specification 10.3 The Promoter hereby assures to provide Internal Specifications to the apartment more particularly described in “Schedule D” Adherence to 10.4 The Promoter hereby assures that the Project will be Sanctioned Plan & developed and completed in accordance with the sanctioned other permissions plans as approved and revised by the local authority from time to time and shall follow the conditions mentioned in various permissions as mentioned above. Variation in carpet 10.5 The Promoter hereby assures that after construction of the area 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 compensate the Allottee by issuing a refund of any such 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. Possession date of the 10.6 The Promoter hereby assures that they shall complete the apartment construction and give possession of the said Apartment(mentioned in Schedule B) to the Allottee on or before______________.If there is any delay in 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 of possession. Completion / 10.7 The Promoter hereby assures to obtain all N.O.C’s from Occupancy Certificate various concerned Government authorities and shall submit the file to Local Authority for occupancy/completion certificate. However, if, the local authority delays issuing the certificate beyond 21 days after submission of all required documents/N.O.C’s for occupation, then same shall not be construed as delay on the part of the Promoter in obtaining Occupancy/Completion Certificate. Defect Liability Period 10.8 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 date of handing over of possession. However, the defect 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 the Promoter. Formation of legal 10.9 The Promoter hereby assures that it will form separate entity Cooperative Society or Condominium of Apartment(As per Maharashtra Ownership Flats Act 1963- Section 10) for residential building within three months from the date on which fifty one percent of the total number of allottees in such a residential building have booked their apartment. However, any delay towards affixing signature of Allottee’s on such 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 building. Conveyance to legal 10.10 Occupancy/Completion certificate or after obtaining full and entity final consideration from all allottees in that respective building whichever is later. The Promoter further assures that the entire undivided land underneath the residential building 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 sanctioned from the local authority. The conveyance boundaries for the apex body of residential building are as per future plan annexed . Obligation of the Allottee 11 Specific consent 11.1 In accordance with sub rule (4) of rule 4 of Real Estate (along with this Regulation Rules, 2017, the Allottee hereby gives specific agreement) consent to the local authorities and also to the Promoter and 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 not changed. • Change of unit plans of amenity buildings to be constructed on Amenity space. • Additional 1 Floors to be constructed on Buildings”A,B,C,D,E&F” each and Additional Building No.”G &H” of 8 Floors each to be constructed. • Change in building / layout plans due to instructions received by local authority. • Minor additions or alteration. --------------------------- (Signature of Allottee) (This consent shall be construed as informed consent) Specific consent 11.2 The Allottee hereby assures that in the event there is any (when required later) consent that is required to be obtained under Real Estate 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. hereafter, 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 llottee 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 the consent. Possession of the 11.3 The Allottee hereby assures that they shall take possession apartment of the Apartment within 15 days upon receiving written notice regarding readiness of the apartment for occupation. If the Allottee fails to take the possession of the apartment within 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. Consideration 11.4 After due discussions, diligence and negotiations between Amount 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 declares and the Allottee hereby understood and agrees that 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 . 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. Payment Schedule 11.5 The Allottee hereby agrees and accepts to pay the consideration amount to the Promoter as per the payment schedule more particularly described in Schedule E. Whereas 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. Early payment 11.6 If the Promoter completes the construction before time, then 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) Taxes & Duties 11.7 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 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 Allottee separately. Provisional 11.8 The Allottee hereby assures to pay provisional one time Maintenance Amount maintenance amount charged at Rs……. /-for residential unit and also shall pay 36 Post dated chqs. Each of amount Rs. ……/-towards monthly maintenance, in addition to the consideration amount, Taxes & Duties mentioned above towards maintenance of the project in separate accounts. 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 36 P.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 “AVHAD INFRAPROJECTS LTD.” Incidental Payments 11.9 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, the following amounts: i) Rs………. /- Society formation /Apartment Registration Share Money and Legal Expenses ii) Rs………./- MSEDLC Charges iii) Rs………/- Health Club Membership Charges ============== Rs………../- Total Amount Payment period 11.10 The Allottee hereby assures to pay all the amount of instalments within 15 days from the date of receipt of the 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 11.11 The Allottee hereby assures to pay necessary water charges, water charges, electricity user meter charges and grampanchayat / local electricity, taxes etc authority municipal tax as applicable. Repairs of the 11.12 The maintenance of Apartment is the primary responsibility Apartment of the Allottee and he shall always take necessary precautions and preventive measures to ensure that the Apartment is maintained in a good condition. He shall not cause any such activity that will be harmful to adjoining neighbors and for the building structure. Alteration in the 11.13 No addition or alteration will be carried out in the Apartment Apartment or building in which the Apartment is situated without the consent of the local authorities. Hazardous and 11.14 The Allottee shall not store in the Apartment any goods dangerous goods which are of hazardous, combustible or dangerous nature or storage are so heavy as to damage the construction or structure of the building in which the Apartment is situated. In case any such damage is caused to the Apartment or to the building in 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 11.15 The Allottee shall carry out at their own cost all internal internal Apartment repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Promoter to the Allottee and shall not do or suffer to be done anything in or to the building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee 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. Preserving the 11.16 The Allottee shall preserve the aesthetics of the elevations aesthetics and of the scheme no Allottee of the said Apartment shall be elevation entitled to install Air Conditions Units, Window Air Conditioner Units thereby affecting the glass elevations at the frontage as well as affecting the common use of the passages, lobbies and common areas in the building. Such air conditioner units may be installed only at the space as may be provided by thePromoter. Demolition and 11.17 The Allottee shall not demolish or cause to be demolished common utilities the Apartment or any part thereof, nor at any time make or maintenance cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other Manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the Apartment without the prior written permission of the Promoters and/or the Society or the Limited Company Cleanliness 11.18 The Allottee shall not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown from the said Apartment in the compound or any portion of the said land and the building in which the Apartment is situated. Sub-let, transfer of 11.19 The Allottee shall not let, sub-let, transfer, assign or part rights with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee to the 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. Abiding by Society 11.20 The Allottee shall observe and perform all the rules and byelaws or regulations which the Co-operative Society may adopt at its regulations of inception and the additions, alterations or amendments Apartment thereof that may be made from time to time for protection and maintenance of the said building and the Apartments therein and for the observance and performance of the Building Rules, Regulations and Bye-laws for the time being of the concerned local authority and of Government and other public bodies. General/ Miscellaneous stipulations 12 Time Extension 12.1 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 of God; b. any notice, order, rule, notification of the Government and/or public or competent authority c. Delay in issuance of Completion Certificate due to reason/s not attributable to the non compliance of the Promoter. Name in which 12.2 Promoter specifically communicates to the Allottee that payment is to be the Allottee shall make the payments for Consideration drawn for Amount to the Promoter by Demand Draft or by local Consideration cheques drawn in the name of Avhar Infraprojects Ltd Amount Electronic mode of transfer. NEFT/ RTGS details are as under: i.Account Holder Name Avhar Infraprojects Ltd. ii.Bank Name -:Central Bank Of India iii. Branch -:Sinner iv. Account Number ………………. v. IFSC code.-: …………………….. vi. Account type – ………………… Name in which 12.3 Promoter specifically communicates to the Allottee that the payment is to be Allottee shall make the payments for additional 12.3 amount drawn for Taxes and along with charges towards stamp duty, registration fees, Duties VAT and Service Tax /GST to the Promoters by Demand Draft or by local cheques drawn in the name of Avhad Infraprojects Ltd. or by electronic mode of transfer. NEFT/ RTGS details are as under: ii. Account Holder Name Avhad Infraprojects Ltd. ii. Bank Name -: Central Bank of India iii. Branch -:Sinner iv. Account Number ………………. v. IFSC code.-: …………………….. vi. Account type – ………………… Maintenance of the 12.4 Promoter shall be responsible for providing and maintaining Project 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 formation of Society as mentioned above, the Promoter shall 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/or preference. Maintenance 12.5 Promoter specifically communicates to the Allottee that if responsibility of the Allottee fails and/or neglects to pay foresaid expenses as Promoter ceases and when demanded by the Promoters and/or concern authority then same shall be considered as material breach of 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 consultants 12.6 The Promoters shall have every right to change and appoint any new consultant as per his discretion & choice. Termination of 12.7 Without prejudice to the right of the Promoter to charge 2% Agreement by interest + prevailing hightest MCLR rate of SBI on delayed Promoter payment, if the Allottee commits three defaults on making payment as per the stages mentioned Schedule E then the 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 to terminate this 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 and cost. Cancellation of 12.8 If the Allottee wishes to cancel the agreement due to Agreement by reasons Allottee 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 the apartment has been booked by other Allottee. In the event of cancellation by Allottee, the Promoter is not responsible to 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 and cost. Advertisement / It is specifically understood and agreed by the Allottee that Prospectus the prospectus other advertising material published by the Promoters from time to time in respect of the project contain various features such as furniture’s, plantation, colors, vehicles, etc. and the same shall not be considered in any manner as agreement 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 The Promoter after executing the said agreement, he shall Mortgage or not mortgage or create any charge on the said flat /shop / create a charge office (excluding project loan) and if any mortgage or charge is made or created then not withstanding anything contained in 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. Entry of Promoters Till the conveyance in favor of Federation is executed, the staff in the premises Allottee shall permit the Promoters and their surveyors, contractors, engineers and agents, with or without work men and others, at all reasonable times, to enter into and upon the project land and buildings or any part thereof to view, 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. Movement of men The Allottee is well aware that the Promoter will construct and material. 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 men and machinery required to construct the future buildings. --------------------------- (Signature of Allottee) (This consent shall be construed as informed consent) Water connection the demand for water will be fulfilled either through bore- and charges 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 matter. --------------------------- (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 exclusively to the respective Allottee of the Apartment thereof and 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 Cooperative 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 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 of the 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, 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 this agreement. Jurisdiction This Agreement shall be governed by the laws of India and Courts of Nashik shall have exclusive jurisdiction to try and entertain the dispute/s arising out of these presents. Registration The Allottee and/or Promoters shall present this Agreement 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. Stamp Duty 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 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 the Allottee. SCHEDULE – A (Project Land) Land plot no 08 an area admeasuring 232 Sq. Mtr.00 Ares from Mrs. Pramila Vishnu Nagare by way of registered sale deed and the said ocument was registered in the office of The Joint Sub-Registrar Niphad, vide Document Serial No. 1429/2018 dated 15/10/2018 and Project Land plot no 07 an area admeasuring 153 Sq. Mtr.00 Ares from Mr.Shankar Tukaram Avhad by way of registered sale deed and the said document was registered in the office of The Joint Sub-Registrar Lasalgaon, vide Document Serial No. 1265/2019 dated 18/10/2019which is jointly & commonly bounded as follows: - East As per Record of Rights West South North 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 “ATHARVA COMPLEX” in “……” BUILDING ………………..” out of the project Flat No. ……….., On the …………………Floor as per the Sanctioned building plan by the Nasik Metropolitan Regional Development Authority Nasik, having Carpet Area Admeasuring …………………… Sq.Ft. i.e. ………………… Sq. Mtrs. With Covered Parking No……….. (if applicable) which is bounded as shown below: - East AS PER APPROVED BUILDING PLAN West 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 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/row-bungalow 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 SS mosquito net. 12) Emulsion paint for the interior of the premises and exterior cement paint for the common area and the building. 13) One inverter point in all the rooms. 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 nonfeasibility. The above amenities should be constructed suitably in case of Shops, if any. SCHEDULE- D SECONDLY 1) Four feet high compound wall. 2) Underground water reservoir. SCHEDULE- D THIRDLY 1) The expenses of maintaining, repairing, re-decorating etc. of the main structure and in particular the terrace, garden and 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 garden property of Purchaser/s 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) Particulars Percentage Amount (in Rs. At the time of booking 10% Immediately after Agreement 10% After completion of Plinth 15% After completion of 1st 5% After completion of 2nd 5% After completion of 3rd Slab 5% After completion of 4th Slab 5% After completion of Brickwork & Internal Plaster 15% After completion of Plumbing & External Plaster 15% After completion of Water pump & Electrical fitting 10% After handing over/ Possession to Allottee based on 5% certification by Architect 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 2 Building security 3 Electricity charges for: a. Passage area lighting b. Any other electrical appliance meant for the respective building Common Area Maintenance Sr. No. Cost Head 1 Common area housekeeping 2 Common area security 3 Electricity charges for: a. Amenities 4 Annual maintenance charges for: a. Firefighting b. Water treatment plant c. Water pumps d. Diesel Generator 5 Water charges for tanker, water tax etc. 6 Facility Manager & supervisory staff and its admin expenses 7 Water treatment plant consumables 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 ___________ Name Signature __________ WITNESSESS: 1. ……………………………… ……………………… 2. ……………………………… ………………………