.~~:=..~~ «, (1) '. II Shr:ee U Government Valuation Rs. f- "C~onsider~tion Rs. . ,f- . Stamp D.uty . ·Rs. f- . Ready Recknor - 1.3.38 .:.AGREEMENT OF SALE - .... This Agreement .of,.Sal.e is made & executed on 12th June in the' year 2019 on Wednesday at Nashik . , BY AND BETWEEN CENTURY BUILD·ERS & DEVELOPERS a reqlstered Partnership firrnhavlnq its registered address- Plot No. '16, Laxmiprabha Bunqlow, . '.' '., ": Old Pandit Colony, Nasik, Tal. & Dist. Nashik pAN - AAGFC7061 F -, through its Partner' . ~. . SHRI. SACHIN SHANKARRAO JADHAV .~ .. . Age: 47, Occu : Business, , ' . Add: Plot No .. 16, Laxrnipr abha Bunqlow, Old Pandlt .Colony, Naslk, Tal. & Dist. Nashik-422005 '... '; .. PAN.: ACZPJ4·3Z9-G . , Hereinafter. referred to as-the !'PROMOTERIS/DEVEL'~.PERSI Vendor: which expression shall unless it be repugnant to the context or meaning thereof mean and include all the partners, their heirs; successors- in-interest; executors, adrnlnlstrators, representatives, permitted 'assighS' etc. and all the persons claiming through them, of the FIRST PART: AND .1. Shri. Age ~40, Occu : P}.\N - AADHAR - -, Mrs. . Age: 40., Occu : PAN - AADHAR - . ':Both.,.R/o: : ' ••• :": ..;;, ' ->. ; ., Hereinafter referred to ,as the uALLOTTEEfPURCHAS.ERlS" 'which expression shall unless. it berepuqnant to the context or meaning thereof mean and indude his h~irs.,···~u~ces·sors-in-iri.terest,,:exe'cutors, ~d,r;nfni~trators;': ," ~~~"~ \ \,' ~\ ,-".:',1;,.. (2) , , representatives. permitted assigns "etc.' and all the persons claiming through him} of the Second PART; WHEREAS the property bearing Non-agriculture plot No. 18 admeasuring 70.8.22 Sq. Mtrs. assessed at Rs. 340=00 Ps. out of Survey No. 163/2/22 situated at village Nashik within the limits of Nashik Municipal Corporation, Nashik, Tal & Dist. Nashlk .is owned & poosessed by the .Prornoter/Vendor. The said property is more particularly described in Schedule I-A hereunder written. " ' AND WHEREAS the said property is purchased by the Promoter! " Vendor from Shri.: Vilas & Rajendra Rasiklal .Shah by a registered sale , , deed dated 2:2/11/2017 which is duly registered in the. office of the Joint Sub-Registrar, Class-II, Nashik-S at serial No'. 6578/2017 and accordingly, vide mutation entry No.1 04557 the name of PromoterNendor 'Century Builders & Developers, a partnership firm through its 'partner has been mutated to, the said plot No. 18 as an owner of the said property. The said mutation entry is duly certified. The said propert is in ac~ual possession of the Promoter/Vendor as an owner of the said propery. AND WHEREAS as an owner ,of the said property described in , .Schedule I hereunder written, the, Promoterf,Vendor is authorized and' empowered to develop & to construct the, structure on the said Project land & to enter into and execute the, agreement for sate in respect of' the constructed premises in 'the building to Q~ constructed on the said Project land &,' accordingly the Vendor has commenced the work of construction of the building on the, said Project land under the name & style "V'N Residency". AND WHEREAS --the owners of S'. No. 163' Shri. Vila's Rasiklal , ' Shah & Others prepared the lay-out in respect of the S. No. 163, the said layout is duly flnally approved byThe Asstt. Director of Town Planning, Nashik Municipal Corporation. Nashik by its letter No. Nagarrachna Vibhagl . An~im/C-1/24 dated 24/1112015. The.sald land is duly converted into .non-aqrlcultural use as per the order of Collector qf Nas~ik by its order No. Mah/Kaksh-314/Bi.She.PrcLKral149/2013,dated ~O/5/2013 & accordingly the _reven.uerecord is prepared as per the 'final approved lay-out vide mutation entry No. A-501. ,AND 'WHEREAS the Promoterl Vendor has decided to develop the said Project land described ,in Schedule I for residential purpose & the said residential building premises to be constructed thereon will .. be .named as V N Residency.' ANO WHEREAS the said V N Residency Apartment consists of Gound + Four Upper floors which consists of 15 flats/residential units. AND ViJMER'EASfor the work of construction residential premises the' Promoter/Vendor has prepared a. building a plan for construction of the building i.e. V N Residency Apartment to be constructed on the '. ...~ (3) said Project land described in Schedule I hereunder written which is . duly approved by the· Nashik Municipal' Corporation, Nashik & accordingly .:has issued the Sanction of B.uilding,Permit & Commencement Certificate by its letter No. LND/BP/Nashik/DCR/1 011/2019 Dated 13/5/2.019 & as · pet the said approved building 'plan ,the Promoter/Vendor has started the work of construction on the said land. . . . AND' WHEREAS the .Promoter/Vendor . . has appointed". MRS. MADHURA. DEVIDAS KULKARN.I, '. Nashik as its Architect.' for the. project . . to be constructed on the property described in Schedule I hereunder written & have entered into standard 'agreement with them as per the Agreement prescribed by the Council ~f Architects; . AND WHEREAS the PromoterNendor has appointed a structural Engineer SHRI. y.oGIN KUl,J(ARNI,' Nashik for the preparation of the '. , structural design and drawings of the buildings and the Promoter / Vendor accept the professionalsupervision of the Architect .and the structural Engineer till the completion of the building/buildings. AND WHEREAS as an ownerof the property Century Builders & Developers as the Promoter/Developer has acquired each and every · right & authority to deal, develop or dispose-off the said property, to. construct a building thereon and the Promoter/Developer herein alone has sole and exclusive ~ights to sell the Flats/Apartments/Tenaments/ -:in the said building to. be constructed ,by the Promoter/Developer on ·the said properties and are fully competent to enter into Agreements for Sale/Sale Deeds of the tenaments/tamlly units, with the prospective Purchasers at the price and terms an9 conditions as Promoter/Developer. may deem fit and appropriate the sale proceeds thereon. AND WHEREAS thePromoter has go.t some of approvals from . the concerned local authority(s) to.the plans, the specifications, elevations, '. sections and of the said building/s so as to obtain Building Completion Certificate or Occupation Certificate of the said Building/s . AND WHEREAS while sancfioning the said plans concerned local · authority' and/or Gbverrimen~ has laid down certain terms, conditions, stlpulatlons and restrictions which are to. be observed and performed . ..: by the Promoter whil~ develo.ping the 'project land and the said'buildingl s and upon due observance and performance of which only the completion .. I or occupancy certificate in respect of the said buildinQ/s shall be granted by the concerned local authority. AND, WHEREAS the Promoters -has completed all the legal formalities with respect to.,tlie right, title, and interest in respect of the. said property on which ,the, said 'buildi~'g is to be constructed and the .' Promoters are in the actual and physical possession of the said Property. "_ " AND WH.EREAS the Promoters declares and discloses that the . said project as aforesaid will be subject to the provision of Maharashtra ·Apartment Ownership Act 1970 and the Maharashtra Ownership Flat , ,. . . .. '::'" ... ~. (4) . (regulation of the promotion of the construction, sale, management & . . transfer) Act 1963·&. Maharashtra. Co-Operative . . Societies .Act, 1960. And for that purpose the necessaryDeclaration of Apartment will be registred in· accordance. with the, provisions of the sai~ act or 'a co- .operatlve housing' society of all the, apartment hotders of V N Residency , Apartment will be registered in accord,ance with the provisions of The Maharashtra . Co-operative .... "', Societies.. .' ". Acl, 19QO. So also'. after the registration of declaration, the Promoters will execute and register Deed of Apartment in respect of the said Flat/Apar~ment ,in favor of the Allottee/Purchaser. or the. final deed of conveyance of the said properties described in Schedule I hereunder written & the construction thereon will 'be conveyed in the' name .of the Co-operative Housinq Societv to be formed in the future. The Promoter declares that the said property along with the said building to' be constructed thereon shall be governe'd by' the said Acts and the Allottee/Purchaser Or the other persons claiming thereunder .shaf be binding by the provisions of said act. . AND WHEREAS, the Promoter/vendor has registered the Project . .under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority & the said authority has issued the Registration- Certificate vide Registration No. --~-------- ----- dated / /2019. AND WHEREAS, under section 1,3of the said Act the Promoter is required to execute a written Agreementf6r sale of said Apartment with the Allottee, being in factthese presents and also to register said Aqreernent under the Reqistration Act, 1908. AND WHEREAS the plans and speclfication have been displayed .for the inspection of the purchasers at the site and also in the office of Promoter/Vendor. AND WHERAS after the Allotee/ Purchaser/s enquiry, the Promoter herein had requested ·the Allottee/Purchaser/s 'to carry out independent ,search by appointing his/her/their own Advocate and to ask any queries, he/she/they 'had regarding the marketable title, rights and authorities of the Owner/P.romoter herein & other related permissions and sanctions' for construction of the project.' The Allottee/Purchaser/s has/have satisfied himself/herself/themselves in respect of the marketable title rights and authorities of the .Owner/Promoter herein & other related permissions and sanctions for construction' of the project. and accordingly, on satisfaction of Allottee/Purchaser/s and their I~gal council, the Allottee/ Purchaser/ s has/have aqraed to purchase the residential flat! Apartment which 'is more particularly described in the Second Schedule hereunder written and shown on the plan annexed hereto as Annexure- VII, (hereinafter referred to or called . as "THE SAID APARTMENT/ .: FLAT"). AND WHEREAS on demand from the allottee/ purchaser/s, the .ownerl Promoter .has .also given inspection to the Allottee '/ purchaser/ s of an the documents of title relating to the project land and the plans, ' .... - ,, . "'1,.~ ). ,' ...• ' (5) . " designs and speciflcatlcns and of such-other documents as are speclfied . under the Real Est,ne ·(Regulatiop and Development) Act 2016 (hereinafter' referred to as "the' sa'id Act") 'and .the Rules .and Regulatrons'made thereunder; AIi-ottee/Purchaser1s has/have satisfied htrnself/berself/ themselves in all respect. . .. : AND 'W'HEREAS the following' documents have beenqiven to the Allottee/Pure'haser' by the Promoter. which' are annexed herewith- '. a) . The Title ·Certificate.given by .Shrf. Ratnaparkhi V. V., Advocate' which is annexed herewith asAnnexure A. b). '. 7/12 extractof the prcpertles.described in Schedule i hereunder written which: areannexed ·herewith as Annexure B . 'c) '.. Authenticated copies .of the' plans 'of the Layout as approved by The Nashik Municipal. Corporation, Nashik as Annexure C . . .'. . d) The authenticated copies of. bLiilding plan duly approved by The' Asstt. Dltectorof Town Planning, Nashik Municipal Corporation, Nashik . which isannexed herewith. . as Annexure D' . . e) Authenticated copy of Registration' Certificate of the project granted ••. · by RERA which ·is annexed ·herewHh as Annexure E. The copies of the plan' showing Iayout of the. Floor Plan of the flat. The draw"ing/prinUs sh.owing the flat as agreed to be purchased. by the Allottee/ purchaser/s is, ann~xed here .under to 'as the floor plan of the flat/apartment to be purchased as Annexure =: F ·The copy of the plan shoWing tayout of the car parking, showing the allotted park'ing to the FlaU Apartment agreed to be purchased .' by the Allottee/ Purchaser/a along with tli'e Flat I Apartment is l .... annexed herewith. h) The copy of the Commencement .C:;ertificate issued by The Nashlk Municipal Corporatlon, Nashik ..isannexeo herewith, . i) '. The copy ofthe .N.A. order. is~ued. by The Collector of Nashlk is annexed her.ewith. . j) PAN of Century" Builders : & Developers and Allottee/purchaser · is annexed herewith.' k) The speclflcatlons herein agree.d to' be. provided by .the OwneiI Promoter inthe Flatl Apartment.which lsaqreed to be purchased' .'by the Allottee I Purchaser/a .herein belowis detailed in Schedule-' III. k) . The specifications he~ein ~greed to be .provided by the Ownerl Promoter in the said projectwhich will be.known as common amenities ... : . are detailed in.herein 'below 'in.' Schedule-IV. . . . '. I) .The common areas and the .cornmon facilities have been detailed · in herein b~'iow 'asSchedul"e ·_·v. . . • . .' . .J';' .., .. . . . ;.. . l . :l ." ..'. (6) '.1 . . . i '. . .' . . . ....... ' ." .' ~ND WHEREAS the Vendor. 1\10. 1.has accordinqlycommenced : ..' COri5trlJetio'nof , he. saig·.buildfng/s in accordance withlhe:'said proposed •.. ': .' .. , . plans. .:.". . ," .' . ' , .' .. ,. :.' '.'AND ·WH·EREAS·the .clear block plan shoWi~g/U'~'project (phase/ '.. .. ' whig) which is intended.to b.e··constructed.a·nd to besold is a·tta·ched. herein below as Ai1nex~re V and' th'e said·.flaVa·pa·rtment'whl'chis intended." to ·b·ebOl,.Jght.by 'theAltottee iP.urchas~rls is'i~' this said p~~ject"(phasei . . '.' wih9) and which is for 'the purposes of this aqreernent that theA'i!ottee .... . 1 PLrchaserls 'intends to purchase and 'the Allottee,' Purchaser/s shall 'have the right to. claim' -the same for .i~ marked' in as herei~' b'eio'w as' An~e'~~'re VI:!.. . ..' .. . ' ... : AND WHEREAS the Purchaser has agreed to purchasethe Hat! '.' ' ' a·prrtnT~~t.NO. . (. .. . .: .....; .: ~ on' .. '. 'floor' situated in the V N Residency Apartment building beirrq constructed in the said p~O.Ject;.(here" i~after .r~f.er.req t~a-s':silid .apartment and..Which i&' more particularly described 'ln'the Schedule " written hereunder) .' .. . AND WHEREAS 'the carpet area of the s'a'id Fiat/Apartment is. ' --:-.-;._---.-._ $q; Mtrs. (carpet areaj+areaof Batconv+areaof Terrace -__~_-_. . '," " 'Sq. Mtrs.:and "carpet ar~a'?mean'sthe net usable f.fo·~rarea-of an apartment, excluding the area covered by\he externalwatts.vareasunder services . . shafts, exclusive' balcony appurtenant to the saj:d Flat/Apartment for' ... ' . ,exciusive use o'f the purchaser or verandah area and. ~xclusjve,' open , . : terrace area' appurtenant to the said Apartment f~r exclusive use of .' ..• ' . • ". I . . ' . (7) , .. ' . ·the Purchaser," buhncl~des the area covered by' the internal partition .:. '. walls of the apartment AND .WHEREAS the. parties r:elying on the ..confirrnations; representations 'and .assurances, of each ether to. faithfUllyabide"by . '.' . alt the 'terms. conditions and stipulations contained 'in this agree'me'nt .... and' all applicable laws/are now willin'g to. enter: into this .agree,rn.ent '. ·on the terms and conditionsappearinq hereinafter. . AND WHEREAS 'prior to the execution of these presents .t-he . ,:Purchaser has paidto the Promoter. a sum of Hs. . • /.,.(R.u.pees .. ' . - Only) being partpayment of the sale consideratlonof the . '.' Apartment aqreed to be sold by the Promoter to'the 'purchaser as' advance · payment or Application Fee (the payment and receipt whereof the Promoter . ·doth' hereby admit and acknowledqe) and the purchaser has agreed . : to' pay to. the Promoter the balance .of the sale consideration in the. manner hereinafter appearing. . AND WHEREAs the Allottee/Purchaser has agreed to purchase ·the said Flat based en going through all the conditions stated in the , . .' sanctioned plansby respective. competent .authorittes 'and have further .conflrmedthat all such conditions shall be bound and. abided .by the' . Allottee/Purchaser strlctly_' . .' '. AND WHEREAS the Allottee/Purchaser has independentlymade · himself aware' about the specifications provided by the Promoters.' and . '.' . he is aware of the limitations, usage policies and maintenance of the installed Items, fixtures and fittings of the same. . . '. '. AND WHEREAS. relying .upon ·the aforesaid. application ...the Promoters ·has: agreed fo. allot and -sell to (he Allottee/Purchaser, th'e ': said . Flat at the price and on .'the terms, conditions, covenants, stipulations and provisians hereinafter appearing. AND WHEREAS ..the parties have qorie throuqh air the' terms ·and conditions-set "out 'in'this Ag'reem~nt and ~nde(stoed the mutual .. .. rights and ebJi~atior:ls 'detailed herein; The Parties hereby confirm :that they are signing ·this Agreement with full knowledge of all the laws; . '. rules, regulations, notifications', etc -.applicableto the said building ..·· .. " AND. WHEREAS,· the Parties .. r~·lying on the confirmatlons, representations .and .assurances .of each other' to faithfully abide by'. ·all the terms, conditions and stipulations contained i~ this Agreemen't .and all applicable ·laws, are 'now willing 'to enter into ·this Agreement' . · on the terms and conditions appearinq hereinafter: '.' In accordance with t.heterms and conditions set out i.nthjs Agreement :and ..as mutually agreed.' .upon by and between ': '. . the Parties, the Promoters ·herebyagrees to sell and the AllotteesPurchaser herebyaqrees to purchase the said Flat. . . '~ . ... .. . ' ...N·OWTHEREFORE; . . . . THISAGREEMENT WiTNESSETH AND IT IS H·EREBY AGREED BYAND BETWEEN THE pARTIES·.HERETO AS FOLLOWS:-: . . . . . 1. ~ " CONSTRUCTION OF·THE .. BUILDING/APARTMENT.:· . . . '. ' ' , The Promoter/vendorshatlconstruct the residential building scheme ' under the name,& style which will be known.asV N RESIDENCYAPARTMENT with p'arki'ng on Ground floor on the said property described in Schedule , I hereunder written in accordance with·the plans. designs and specifications' as approved by the concerned local authority. T~~· Promoter has every, '. : . right to 'make variation .• amendment in the said building plans provided that the Promoter shall have to obtain prior consent in' writing of the' Allottee/Putchaser in respect ·of:variations ·or modifications which may .adVersely affect the Apartment of theAllottee/Purchaser. . . 2. . CONSIDERATION PRICE OF THE SAID FLAT/AJ=>ARTMENT : . 2.1 . The Allottee/Purchaser hereby aqrees.to purchase from the Promoters. and the. . promoters ..... hereby aqrees to sell .to ·the Allottee/Purchaser FlaU Apartment No. ( _. }··adm·easuring Sq. Mtrs .. (carpet areaj+ area of 8alcony+the area of Terrace ....Sq. Mtrs. .on Floor consisting of Two Bedroom + Hall + Kitchen along with COVER6D Car Parking on Ground Floor in V N RESIDENCY APARTMENT which is 'to be constructed in the said property and-which is more particularly' 'described . in'the schedule-It . . written hereunder.and . . herein after.referred . ' to asthe said "Flat / Apartment" as shownIn the Fleer plan thereof , hereto annexedfor amutuallyconcludedand agreed lump sumConslderatlon ' .of Rs. /~ (Rupees Only): This , amount of Consideration . includes .' the 'proportionate price of common . areas, facilities appurtenant to the said Flat: The price of the said Flat is on .t~e· basis oflump .sum only. 2.'2 : The Separate Co·ver-ed·Car parkinq will be provided to each flaU apartment holder. The Car Parking shall be allotted as per .the appr~ved.·: parking plan. The car parking number·& the flat/apartment to be sold "to the purchaser is one & the same. The open parkinq.for Two Wheelers· . •• I .' . . is, provided. The plan of the car parking provided to the purchaser is .. : , 'attach~d herewith . 2.3' The. price of the said Flat is as per .the prevalent market price, ' ~menities and facilities. The amount of consideration is fixed, with mutual consent of both Promoters and Purchaser and .there is no dispute about " the same. The: Promoter has allotted the said parking area to the purchaser without any consideration which is demarketed as per parking lay-out , attached. herewith which. will· be used by the Purchaser subject to the' 'terms & conditions of the proposedcondominium or society. The nature, ,e~tent anc description of the common areas .and facilities which are more particularly described lntheSchedule-ttt hereinunder written. The. Promoters have.aqreed to provide amenities and .specifications in the 'sald Flat which are more particularly described as' Schedule IV written hereunder. .. (9) 2.14. to The Allottee/Purchaser agr·ee·s ·pay-to the Promoters the amount of the total Consideration ofthe said Flat ~s'. I~(Rupees ..... Only)' in . .. the following manner"- - Percentage Particulars 10% . ·As·a Advance . . 20% .. to be paid to .the· Promoters after the executlon . of Agreem.ent. . 15% .. - to be paid to the- Promoters on completion of the -Plinth .ofthe -buHding in which the said Apartment .. _is located. 25% - to be paid-to the Promoters on completion of the slabs- ofthe building in which .the said Apartment is located. 10% -'to be paid to. the Promoters on completionofthe walls, internal plaster, external plumbing and external -p-Iaster, of . the said . Apartment... 5% - -.to be paid to the Promoters on completion of the - _-'sanitary.fittings.,floorings doors, windows, staircases, _- lift wells. lobbies upto the floor level of ,the said ." - Apartment. _ 10% to be paid to the_Promoters on completion of the lifts, water pump-s, electrical. fittings, electro, mechanical and environment requirements, elevation, terraces with :waterproofing, entrance.lobby/s,.plinth . protection, paving of areas appertain and all other requirements as may be prescribed in the Agreement of saie of the-building in which the said Apartment -.is located. ,- ·5% '-against and: at th-e time of handing· over of the : possession of the Apartment to the Allotteel Purchaser on or after receipt of occupancy certificate or completion certificate. .. : Out of the total am.oLint of consideration & considerlnq the. work of . the flat premi_ses completed by tJie Vendor, the Allottee/Purchaser has ....paid an amount of.Rs, :-_ - 1---(R0pe_e~--_ -- . Only) to th~ Promoters in the following -man-n~r- .:Amount - -Partlculars - ., /- In words Rs, .only .paid by the Purchaser to the Vendor by_Cheque No. . drawn on B~nk, Branch .. , dated· I· - 6/201 ~ whic-h is received by the Vendor.. ! , .". : ,(10) , , 1- In .words Rs, only paid by the Purchaser :. to the Vendor by Cheque No" drawn on , 'Bank> Branch' ~dated . I 6/2,019 which is received by the Vendor. Total,Rs, Only " ' Th~s, the' Vendor hereby admits 'that theyhave received an amount" " , of 'Rs. "'1-. (Rupees " " 'Only): from the Purchasei and , ,the Purchaser agrees to pay the rematnlnq amount of consideration , Rs', I~ (Rupees , O,nIY) as, per the 'schedule mentioned above, " .- . .;. , The Purchaser aqrees and understand that timely payment towards', purchase of the said Flat as' per payment plan/schedule hereto is the, ',',essence of the Agreement. 2.5 That, 'the Purchaser sh'all pay separately,the deposit of Rs " /- , towardstne MSEOCL for electric meter. . ' ,The abovesaid total . . amount ." of .consideration excludes the amount . ' of GST. The Pur.chaser . shall .'. pay '.the.said amount,of,GSJ separately. . ", ,The Total" Price above excludes Taxes (consistinq of tax' paid', , or payable by the, Promoters by way' qf Value Add~d Tax, ServiceTax, ' Cess, or any other slmilar taxes which may be levied, in 'connection: with the 'construction ~f and carrying out ,the 'Project payable by the c- Promoters) 'up to the date, ot handing 'over :the possession of the Flatl. Apartment. , " Any deductionof 'an amount made by the Allotteels on account of Tax Deducted atSource (TOS), as may be required under the law for 'the .tlrne being in force .while making any payment to the P,'ro~oter ' ,,- . under 'this Ag,reenient shali be deemed to have, ~een paid by the Allottee/ ' s and received by the Promoter and acknowledqed I credited by the ,,D~velope'r, only upon Allottee/s submittirg original tax deducted at source ce~tificate and the amount mentioned .in the lcertificate is. matching with tncpme T~x Department site, Such certificate tall b~' qiven by' the A~IQtteel . s .after end of every financial year o,li or before '30th April regarding' ., '. , ,'I "the, payments made 'during the said previous financlal year or before,,' " , delivery otpossession whichever is eartier, Non compliance of the terms', of this clause s'hall be treated as non-payment or default on the' part of the Allottee/s andPromoterat its discretion-shall be entitled to exercise '" ',' itsriqhts accordingly includinq charging of interest as charqed by Income =>. Tax Dept., termination, 'etc. The Promoter,' , at its discretion and, without " . , ' prejudice to its other rights, shall be entitled to withhold delivery' of , possession of the Flat untll Allottee/a.complies the above. Without 'prejudice ' to its' other 'rights, and at its discretion i option,' before handing over' the possesston ofthe unit, if .any such certificate is not produced, the . ....Allotteeshalt, on demand made by the ..Promoter, pay equivalent amount .- .~. as intere.st free(dep'osit with the Developer, which deposit shall refunded . , " . ' (11) , by 'the Developer ,o.~ the 'Allottee producing such certificate within 4 ' months of the possessicn. Provided .further that in case the Allottee 'fails to produce 'such 'certificate 'wlthln the stipulated period ofthe 4 " , months, the Developer 'shalt be entitled. to appropriatethe said Deposit against the receivable from theallottee/s'. ' , , ,2.7 The,Total Pric'~ isescalation-free, save 'and except escalation~l ... increases which the Allottee/Purc.haser agrees to pay, . I '.' ...... . . '0.. . . due . '. to 'increase .' .. , .on account of development charges payable to the: competent authority , andlor any other inGr~'ase'in, charge's Which may be levied or imposed by the competent authority Local'Bodies/Gov'ernmentfrom time to' tlrne. ,Tr e Promoters undertakes and, aqrees that while raising a demand on " the Allottee/Purchaser for increase in development charges, cost, or ' .•.. levies imposed 'by the competent authorlties etc" the Promoters shall , , enclose the said nO,tificat'ion/order/rule/regulation publisbed/issued in th~t behalf to that effect' along with the -demand letter being issued to. ' , the, Allottee/Purchaser, which' shalt' only be applicable on subsequent payments. The Pro~oters ..rnaycharqe the Allottee/Purchaser separately , ' " for any upqradatlon/chanqes specifically requested or approved bythe Allottee/Purchaser in fittings, ·fixtures and specifications and anyother , 'facility which have ,been'do~e"6n the Allottee/Purchaser request or approval, , but which have not ,bee.n.'~greed:.upon h'erein or .asshown in the website ,ef the reg'lstered authority.', 2'.8, The Promoters herein on due date/or on reaching afo~esaid construction . '. milestone/staqe ..shall intimate the amount payable . as 'stated . above in wri~ing or by digital E-mail to the AIJO'ttee!Purchaser an.d the ... : Allottee/Purchaser shall make payment ofsuch due amount to the Promoters : , .within seven day's from date of. receiving such intimatiori. The, Allottee/ Purchaser herein spe~ific'a'lIy' agrees 'tt.t:at he shall pay the aforesaid " , amount along with, the service tax, Vat, GST and such other taxes, cesses, , " charges etc. without any 'delay along with each installment. ' 2.9 . The Promoters may. .allow, in its' 'sole discretion, a . rebate' : . for early payments ofequal Installments payable by the Allottee/Purchaser , 'by' discounting. such, early payments, @ 6% per annum for the period , by which the re~p~ct~ve installment has been preponed. The provislon for allowing rebate a:iid such rate of rebate shall not be subject to any -.revislorvwlthdrawal, once granted to an Allottee/Purchaser by the PrO'm,oters.' .. : 3. MEAS,UREMENT.OF CARPET.AREA OF THESAID APARTMENT: ' , The Promoters shall confirm the final carpet area of the said, , Flat/Apartment that has been aqreed to' be sold to the Allottee/Purthaser after the construction of 'the said Bulldinqs is complete and the: occupancy , certificate is grante,d by the competent authority, by furnishing details , of the changes" ifany, in the. carpet area, subject to, a variation cap , of 3%. Thetotal price payable for the saidFlat/Apartment shall be recalculated ,upon confirmation by the architect of the said building. If there 'is any ,reductien in the carpet area within the defined limit then Promoters, , ,'(" ., .. . ";' '" (12) shall refund the exceasrnoney paid' ~y, th'e)\lIotte'e/Purchaser within : forty-five days with annual interest at th~ rate specified in the Rules, from the date when' such anexcess 'amount was paid by the Allottee/ , 'Purchaser. If there: is any increase in the carpet. area , ' . ,of the said Flat ~ allotted . to.. 'the Allottee/Purchaser, .' Ute Promoters . . shall demand' additional , ,", 'amount from the Auottee/Purchaser as per the next milestone of the payment pian, and, Altottee/Purchaser shall pay for the samewithout ' 'which the possession of the said Fiat/Apartment: shall not be 'given to 'the Allottee/Purchaser. All 'the 'monetary adjustment shall be made at .the same rate per' Sq.Mt~s. as agreed in this agreement. That in such, 'case, the parties, hereto agrees that Mrs', Madhura Kulkarni. Architect. .:", -,' Nashik will-be 'appointed .as an expert to-take 'his expert opinion, of, measurinq the' said' Flat/apartment and' submitting the said details. ' ',' 4. MODE OF ,PAYMENT': : , Subject to the terms of the Agreement' and the Promoters abiding, ' 'by the, construction milestones, .the Allottee/Purchaser shall make all ' payments, on demand by the Promoters, 'w'ifhiri the stipulated time as ' -". 'on due date as' per the schedule mentioned above in the .payrnent plan, throuqh Ale Payeecheque/demand draft or online paymentIas applicable) : in favour ofV N Residency Apartment payable at Nashik, ' . . . . 5. ' ADJUSTMENT/APPROPRIATION OF PAYMENTS,: ., : " ' The Allottee/Purchaser.authorizes the Promoters to adjust/appropriate' ' all payments made, by him under any tiead(s) of dues against lawful'. outstandinq, if any, in his name as the Promoters 'may in its solediscretion ,deem fit and the Allottee/Purchaser undertakes not to object/demand/ directthe Promoters to adjust his payments in any manner, '. 6. INTEREST ON'UNPAID DUE AMOUNT: , Without prejudice to the right of the Promoters to take action' for breach ari~ing out of delay in ,payment 'ot'th'e installments -on .the : ", due dates. theAllottee/Purchaser shallbe bound and liableto pay interest :'" , .as perState ,Bank of Indi~ hiqhest Marginal cost ofLe~,djng Rate.plus 2%, per 'annum with 'monthly rests, on all theamounts which become', due and payable by and.Allottee/Purchaser to, the Promoters till the, date of actual payment, provided that tender of.the principal' amounts and interest ortender of the interest an~' expenses thereof' shall not', itself be considered as waiver' of the' right of the Promoters under this ',' Agreement, nor shall it be ccmstru'ed"as' condonation of delay by'the ' " Promoters. 'The amount of interest may be. informed to the Allottee/ , Purchaser from ttme to time or on completion of the said Flat/Apartment' ' and the Allottee/Purchaser, has/have agreed to pay the same as and " 'when, demanded before ,'the poseesston of-the: said apartment. ' , " 7. ',,' OBSERVATION OF CONDITION'IMPOSED BY'LOCApPLANNING AUTHORITY: -' .. .' .' , ' .. '. : The Prornoters hereby agrees 'to observe, perform arid comply with all the terms, conditiorrs. 'stip,ulaticns and restrictlons lfany, which may have been imposed by .the eo-nc~rned, local authority State and ':', " or Central authority includinq Environment Department" at-the time c?f sanctiening the said plans .oranytime thereafter or at.the time of grant,iri~ , completion certificate Dr anytime "thereafter. The Promoters .shalt before ',handing over possession cif thesaid-Flat/Apartment to the Allottee/Purchaser, ,obtain from the' concerned ,p'la,oning/local authority occupancy and/or, , , completion certificates in.respect of the said. Flat/Apartment. , I, Notwithstanding anythinqto the contrary contained herein, the' , " Allottee/Purchaser shall not be entitled to ~Iaim possession 'of the said ' " ,Frat/Apartment ~hti('the completion certificate is received from'the locai authority and Allottee/Purchaser has paid all dues .payable under. this aqreernent in respect of the said Flat/apartment.to the Promoters and " has paid the necessary maintenance amount/deposit, service tax, Vat, G.S. . T. arid ether taxes payable . 'under . . this agr.eement of the'". said Flatl Apartment te the Promoters. , ' Howsoever for 'the purpose of. defect liability on towards: the 'Promoters, the' date shaY, be calculated from the d'ate of h'anding' over , possesslon to the Allottee/Purchaser for fit outs and interior works and , that the said Iiabilityshall b~ those responsibilities which are not covered ' I. 'under maintenance of the said Flat/building' as stated in the said aqreement. ." . . '.' That further it has been agreed by the Allottee/Purchaser that any damage ' ',', or change done within the ',said Flat or. in the, ~ajd building 'done by , him orby any third person.on and .behalf of the Allottee/Purchaser 'then '. .. 'th~ Allottee/Purchaser expressly ,absolves the Promoters 'for 'the same',' ' lia'bility and sped'fiC,aIlY'consents that on'such act done he shall Waive L his right to enforce, the defectliability on and towards the Promoters: 8. DISCLOSU'RE AS TO,FLo'OR SPACE fNDI;X : The Promoters hereby .declares that the Flo?r Space Index available atthe time ofsanctioning the: plans 'was 1.10% .and as on ..date the , , Floor Space Index available 'with respect to thesaid property' is,.1',10% ' , " of the project land/said property i.e. 779.04 Sq. Mtrs. only and the Promoters : have .paid the premium of Rs. 7,92,0001- for paid FSI & planned to .. , utilize Floor Space Index of 1,46.35 Sq.Mtrs. which is 0.21% of the project. ' . '. : , , land and FSI available 'on paymentofpremium which is 354~11$q.Mtrs: . or. FSI available as incentive 'FSI'b'y irnplementinq various scheme as , mentioned in the Development Control R~gulation' or 'bas'edon expectation of increased, FSI which may, be available in future on modification' to , .Developrnent Control Regulations; which are applicable to the .said Project. , However out ot the said total'FSI available 1133.15 Sq. Mtrs. ttie Promoter/ .Vendor has utilised 925.39 ,~q. Mtrs. area for the 'said V N Residency Apartment. The, Promoters has disclosed, the Fleor Space Index of 925,39 Sq. Mtrs. as proposed to be utilized' by them on the project land, in , the said' Project and Allottee/Purchaser has agreed to purchase the . .' '. , I, ...., . .. ' ? (14) . :.. , ~'aiCfF'lat/Apa'rtm~n't based on the .propcsed construction and :sa"e"of. · apartments to be carried 'out by the-Prom~ters by utilizing the proposed · FSI and on the understanding that 'the declared ·proposed F.SI ·shall .. belong 'to Promoters only ..:' .. 9; • ':.. DiSCLOSURE ANiYINVESl:IGATioN OF ivi.~J~K.ETBAL~ TiTLE~ . The Promoters has made fuil andtrue .disclosure .' :. :. of . the title. .'.. of the said property as well as encumbrances, if any, known to the' .' Promoters . . in the title report of the advocate, .. The Promoters hasalso '. . ..' .. ·disclose.d to the Allottee/Purchaser nature of its .riqht, titleand interest : ·orriqht t~' construct buildinq, and also given.insp~.ctiqn·.·o(.aiJ.doc.urT:te·nts '., .' . . . '. to the Allott~e/Purchaser as required by.the ·Iaw. The Allottee/Purchaser having acquainted himself wit'h all facts and. right 'of the Promoters and .•after satisfaction of. the .same has entered i~to thisAqreement. . 10.. .' SPEC'IFICAtION AND AMENITIES i: , . 'The specifications andamenities to be' provided by the .Promoters in the said bllilding and the said Flat/Apartmen't 'are those that are set. out ·in Schedu.le 'IV' written hereinunder. As··per Promoters policy there .. ~hall'be"no '~ust~mjzation permitted inside the said Flat/Apartment. Changes .. suchas oivll, electrical,: pJumbingetc, .shall not be .allowed ·during construction . and till delivery of possession .. ' 11. TIME IS THE 'ESSENCE : 11.1. .Time is'essence for the .... Promoters as w.ellas .theAllottee/Purchaser. .' . '.. The Promoters shall abide by. the time schedule-for comptetinq the. project · and handing •.over the 'said Flat/Apartment to the Allottee/Purchaser and the common areas to, the 'association Of the Allottee/Purchaser 'after · receivlnq t.he occupancy certificate or the completion certificate 'or both, . as 'the case may be. Slmllarly, the-Allottee/Purchaser shall make timely payments of the installment and otber. dues-payable by him 'and' meeting the other obliqations under the Agreement subject to. the simultaneous . . . .completion-of construction by"the Prom~ters as.provided in this agreement. ' . :., '1.1.2. It the Promoters.fails to abide by the time schedule for cornpletlnq . ":'. '.' ·the project and handing over the. said Flat/Apartment-to the Allottee/ .' ·Purchaser, the Promot~rs .agrees to pay to the A'lIottee/Purcha'ser," who · does not intend to -withdraw. from :th:e project, 'inte~est as specified in • .-tne Rule; on all the' amounts 'pai'd by the AJlottee/P.urchaser, .to·r ~very · month. of delay, till the" handing over of the possession ..The Allotteei Purchaser agrees to' pay' to the Promoters. lnterest as specified' in the . Rule, 'on' all the delayed: payment which become due and payable by .. .theAllottee/Purchaser to thePromoters under the-terms of this Aqreernent . ·from..the date ·the said amount is 'payable by the Allottee/Purchaser to. . . the Promoters. ..... .