Ñããè 1 Zone Number : Government Valuation : /- Consideration : /- Stamp Value : /- Registration Fees : /- AGREEMENT FOR SALE AGREEMENT FOR SALE made & executed at Nashik on this ____th day of _________ in the Christian Year 2019. BETWEEN Tejved Buildcon, L.L.P, PAN AAHFT 6678 E through its partners 1. Mr.Kalim Niyazoddin Shaikh, Age:40 yrs., Occ.Busines, 2. Mrs.Rida Kalim Shaikh Age:35 yrs., Occ. Business, No.1 & 2 R/o. Flat No.11, Third Floor, Atharva Apartment, Gangapur Road, Nashik 422013. 3. Mr.Shakil Kasam Mirzabaig Age:42 yrs., Occ. Business, R/o.17-A,New Kalika Apartment, B/h. Kalika Mandir, Nashik. 4. Mr. Saddiq Raheman Sikkalgar Age:40 yrs., Occ. Business, R/o. S.S. Mansion,Khode Nagar, Near Ashoka School, Nashik. Hereinafter called as the VENDOR/SELLER/DEVELOPERS/ PROMOT- ERS (Which expression shall, unless repugnant to the context or meaning thereof, mean and include their respective partners, heirs, successors, survi- vors, executors, administrators and assigns, etc.) …PARTY OF THE FIRST PART. 2 AND 1) Mrs.__________________ Age:_____ Years, Occ:____________, PAN NO. __________________ 2) Mr.__________________ Age:_____ Years, Occ:____________, PAN NO. __________________ Both R/ at:____________________________ _______________________________________ Hereinafter called as the "PURCHASER'S, PURCHASERS/ALLOTTEE", (Which expression shall, unless repugnant to the context or meaning thereof, mean and include his/her/their respective heirs, successors, survivors, execu- tors, administrators and assigns, etc.) …PARTY OF THE SECOND PART. WHEREAS the vendors/promoters possessed and an otherwise well and sufficiently entitled to the Non Agricultural piece of land bearing Plot No.34 to 36/&/87/1, total area admeasuring 1494.49 sq.mtrs. of S.No.5/2 bearing CTS No.2495 situated at Revenue Village Wadala, Tal.& Dist. Nashik more particularly described in schedule-A written hereunder and hereinaf- ter referred to as the said property. The 7/12 extract of S.No.5/2 to area adm.2 H.98 R of the year 1980 shows that, above said property was owned and possessed by Mr.Bapu Dagadu Khode. In the year 2006 Mr.Bapu Dagadu Khode and his heirs entrusted into Development Agreement regarding S.No.5/2 & Survey No.3/2B and S.No.3/ 1/3B with Mr.Ashok Shrawan Sonje, Surya Properties partnership firm through its partner Mr.Pradip Madanlal Gupta and S.S. Associates partnership firm through its partner Shreepad Shankar Kulkarni ,accordingly Mr.Bapu Dagadu Khode and other executed a Development Agreement and General Power of Attorney in favour of Mr.Ashok Shrawan Sonje and others, jointly and both documents are registered at the office of sub-registrar Nashik on Sr.No.1347 & 1348 respectively on 4-3-2006,in the said Development Agree- ment S.No.3/1/3B was erroneously mentioned as S.No.3/2/3B hence Cor- rection Deed is registered at the office of Sub-Registrar Nashik at Sr.No.2621 on 12-5-2006. 3 In the said document of Development Agreement, Mr.Bapu Dagadu Khode and other specifically mentioned that the rights to sell the Plot No.1 to 47 out of S.No.5/2 has been specifically given to Mr.Ashok Shrawan Sonje. Accordingly effect of said Development Agreement has been taken to record of rights by M.E.No.7864, dtd.11-7-2006. Further, Mr.Bapu Dagadu Khode died on 28-1-2007 leaving behind Gangadhar Bapu Khode,Ambadas Bapu Khode,Gangubai Bapu Khode,Suman Vishnupant Tidke as a legal heirs and their names were brought on record of rights by M.E.No.8191. Further, Ambadas Bapu Khode and others through General Power of Attorney holder Mr.Ashok Shrawan Sonje ,prepared a layout of area adm.5580.00 sq.mtrs. retention land out of said S.No.5/2 and said layout is approved by Nashik Municipal Corporation vide letter No.Nagarrachna Vibhag/Antim/A-2/03, dtd.17-4-2007 and permission to use said land for non agricultural purpose is given by Collector of Nashik vide order No.Mah/ Kaksha-3/4/Bi.She.Pra.Kra./307/2006, dtd.13-3-2006 accordingly 7/12 ex- tract of each plot were separated and it became S.No.5/2A by . M.E.No.8264. Further ,Ambadas Bapu Khode and others through General Power of Attorney holder Mr.Ashok Shrawan Sonje prepared a layout of area adm.21207.00 sq.mtrs. of excess land of said S.No.5/2 and said layout is ap- proved by Nashik Municipal Corporation vide letter No.Nagarrachna Vibhag/ Antim/A-2/05, dtd.5-5-2007 with previous approval of T.D. Scheme under U.L.C. Act vide sanction No.ULC/C-1/Sec.20(1)(a)/(T & D)/778/06, dtd.6-5- 2006. And property also duly converted into non agricultural purpose by order of Collector vide order No.Mah/Kaksha-3/4/Bi.She.Pra.Kra./307/2006, dtd.13-3-2006 accordingly 7/12 extract of each plot were separated. Thus subjected plot No.34,35 & 36 came to in existence separately. Further it ap- pears from the record that the area adm.1484.00 sq.mtrs out of Survey No.5/ 2 was non vacant land and said non vacant land has been not taken under the lay out and Plot No.87 has been given to said non vacant land. Accord- ingly M.E.No.8290 made to the record of rights. Further, Gangubai Bapu Khode died on 6-5-2007 leaving behind Gangadhar Bapu Khode, Ambadas Bapu Khode & Suman Vishnupant Tidke as a legal heirs and their names were brought on record of rights by M.E.No.8336. 4 Further, Plot No.34,35 & 36 and other plot properties were purchased by Mr.Ashok Shrawan Sonje and other-5 from Gangadhar Bapu Khode and other through General Power of Attorney holder Mr.Ashok Shrawan Sonje by way of single Sale Deed and said Sale Deed is registered at the office of Sub-Registrar Nashik-1 at Sr.No.2124, dtd.7-3-2012.Accordingly M.E.No. 11498 made to the record of rights. In the said Sale Deed specifically men- tioned that Plot No.34,35 & 36 were purchased by Mr.Ashok Shrawan Sonje, Mr.Nilesh Ashok Sonje, Mrs.Nayna Nilesh Sonje. Further ,Deed of Correction to mentioned City Survey Number in the said Sale Deed is registered at the office of Sub-Registrar Nashik -4 at Sr.No.9051, dtd.25-9-2014. Further, Deed of Confirmation of said Sale Deed is executed by Surya Properties through its partner Mr.Pradip Madanlal Gupta and S.S. Associates through its partner Mr.Shreepad Shankar Kulkarni in favour of Mr.Ashok Shrawan Sonje and other and said Confirmation Deed is registered at the office of Sub-Registrar Nashik -4 at Sr.No.9052, dtd.25-9-2014. Further, above said Plot No.34,35 & 36 are amalgamated and became single plot No.34+35+36 by order of Nashik Municipal Corporation vide or- der No.LND/BP/A-4/433/6115/12, dtd.15-3-2012. Accordingly M.E.No. 12784 made to the record of rights. Above Said order is issued by Nashik Municipal Corporation vide joint building plan submitted by Mr. Ashok Shrawan Sonje and other accordingly construction is completed and Completion Certificate is also issued by Nashik Municipal Corporation vide Certificate No.Naravi/A-4/15892/3858, dtd.4-12- 2013. Further, abovesaid Plot No.34 to 36 has purchased by Tejved Buildcon, L.L.P, through its partners Mr.Kalim Niyajoddin Shaikh & others from Mr. Ashok Shrawan Sonje and others for the consideration of Rs.87,80,000/- by way of Sale Deed and same Sale Deed is registered at the office of Sub-Registrar Nashik-4 vide Sr.No.5471, dtd.21/06/2018. Accordingly M.E.No. 15848 made to the record of rights. Further , Plot No.87 , Survey No.5/2/87 was purchased by Mr. Nilesh Ashok Sonje from Gangadhar Bapu Khode and other through General Power of Attorney holder Mr.Ashok Shrawan Sonje. The record shows that, both the parties were entered into Agreement for sale on dtd.15/3/2006 then 5 said Agreement for Sale was adjudicated from Collector of Stamp Nashik and Confirmation Deed is registered at the office of Sub-Registrar Nashik-4 by both the parties at Sr.No.4747, dtd.30-07-2009 and then Sale Deed is regis- tered at the office of Sub-Registrar Nashik-4 at Sr.No.4748, dtd.30-07-2009 .Accordingly M.E.No.9398 made to record of rights. Further, Deed of Confirmation of said Sale Deed is executed by Surya Properties through its partner Mr.Pradip Madanlal Gupta and S.S. Associates through its partner Mr.Shreepad Shankar Kulkarni in favour of Mr.Ashok Shrawan Sonje and other and said Confirmation Deed is registered at the office of Sub-Registrar Nashik -4 at Sr.No.5469, dtd.20-06-2018. Further, Mr. Nilesh Ashok Sonje prepared a layout of said Plot No.87 of said S.No.5/2 and said layout is approved by Nashik Municipal Corpora- tion vide letter No. Nagarrachna Vibhag/Antim/A-2/23/10, dtd.7-12-2010 . And property also duly converted into non agricultural purpose by order of Collector vide order No.Mah/Kaksha-3/4/Bi.She.Pra.Kra./181/2008, dtd.24- 10-2008 accordingly 7/12 extract of each plot were separated. Thus the Plot No.01 of Survey No.5/2/87 has been came to in existence by M.E.No.10337. Further ,said Plot No.01 has purchased by Tejved Buildcon, L.L.P, through its partners Mr.Kalim Niyajoddin Shaikh & others from Mr. Nilesh Ashok Sonje for the consideration of Rs.92,81,000/- by way of Sale Deed and same Sale Deed is registered at the office of Sub-Registrar Nashik-4 vide Sr.No.5470, dtd.21/06/2018.Accordingly M.E.No.15847 made to record of rights. Further , Mr.Kalim Niyajoddin Shaikh, Mrs.Rida Kalim Shaikh , Mr.Shakil Kasam Mirzabaig & Mr. Saddiq Raheman Sikkalgar have taken a loan total of Rs.1,00,00,000/- from Ashok Nagri Sahkari Patsanstha Ltd. Nashik and mort- gage said Plot No.34 to 36 by Mortgage Deeds which are registered at the office of Sub-Registrar Nashik-4 vide Sr.No.5497,5498 & 5499, dtd.21/06/ 2018. Further, the owner of Plot No.34 to 36 of Survey No.5/2 and Plot No.01 of Survey No.5/2/87 , Tejved Buildcon, L.L.P, through its partners Mr.Kalim Niyajoddin Shaikh & others i.e. Promoter prepared the amalgamation plan of said plots and said plan has been sanctioned by Nashik Municipal Corpora- tion vide letter no.Wadala/Abhinyas/Bhukhand/Aktrikaran/Sasanar/ Manapa/LND/AML/Wadala/DCR/0088/2019,on dtd.16/03/2019 hence said 6 plots are became single plot bearing Plot No.34 to 36/&/87/1, total area admeasuring 1494.49 sq.mtrs. of S.No.5/2.Acordingly M.E.No.16471 made to record of rights. Further record shows that, Promoter prepared a building plan on said property and said building plan is approved by Nashik Municipal Corpora- tion vide sanctioned of Building Permit and Commencement Certificate No.LND/BP/A4/292/219, dtd.19-10-2019. AND WHEREAS the Promoters are entitled and enjoined upon to con- struct buildings on the project land in accordance with the recitals herein- above. AND WHEREAS the Vendor/Promoter is in possession of the project land. AND WHEREAS AND WHEREAS the Promoter has proposed to con- struct on the project land 1 Building consisting Lower Basement + Upper Basement + Lower Ground Floor+ Upper Ground Floor + First Floor + Sec- ond Floor + Third Floor +Fourth Floor +Fifth Floor + Sixth Floor in the build- ing & out of said Lower Ground Floor & Upper Ground Floor consisting of Commercial Shops & First Floor to Sixth Floor consisting of the Residential Flats. The projects shall be known as "TRUKONS BUSINESS PARK" . AND WHEREAS the Allottee is offered an Apartment bearing number Shop/Flat No.______ on the _____ floor, ( hereinafter referred to as the said "Apartment") in the Building "TRUKONS BUSINESS PARK" ,(hereinafter re- ferred to as the said "Building") in the said project. AND WHEREAS the Promoter has entered into a standard Agreement with an Architect registered with the Council of Architects and such Agree- ment is as per the Agreement prescribed by the Council of Architects. AND WHEREAS the Promoter has appointed 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 building/buildings. AND WHEREAS on demand from the allottee, the Promoter has given inspection to the Allottee of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoter's Architects Mr.Yogesh Gaikwad as project Architects and Mr.Milind Rathi as Structural Engg./Consultant and of such other documents as are specified 7 under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made thereun- der, AND WHEREAS the authenticated copies of Certificate of Title issued by the advocate of the Promoter, authenticated copies of Property card or 7/ 12 extract of Village Forms or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Shop/ Flat/Apartments are constructed or are to be constructed have been annexed hereto and marked as Annexure 'A' and 'B', respectively. AND WHEREAS the authenticated copies of the plans of the Layout as approved by the concerned Local Authority have been annexed hereto and marked as Annexure C-1. AND WHEREAS the authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open /common spaces are proposed to be provided for on the said project have been annexed hereto and marked as Annexure C-2. AND WHEREAS the authenticated copies of the plans and specifica- tions of the Apartment agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed and marked as An- nexure D. AND WHEREAS the vendor has converted the use of said land/prop- erty into Non Agricultural purpose and got Non Agricultural permission from Collector Nashik vide order No.Mah/Kaksha-3/4/Bi.She.Pra.Kra./307/2006, dtd.13-3-2006 AND WHEREAS the vendor has got approved building plan from the concern local authority the plans, elevations , sanction and details of the said scheme under Building Permit and Commencement Certificate No.LND/BP/ A4/292/2019, dtd.19-10-2019 from Nashik Municipal Corporation. AND WHEREAS the Promoter has got all approvals from the concerned local authority(s) to the plans, the specifications, elevations, sections and of the said building/s and shall obtain the balance approvals from various au- thorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building. 8 AND WHEREAS while sanctioning the said plans concerned local au- thority and/or Government has laid down certain terms, conditions, stipula- tions and restrictions which are to be observed and performed by the Pro- moter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. AND WHEREAS the Promoter has accordingly commenced construc- tion of the said building/s in accordance with the said proposed plans. AND WHEREAS the Purchasers/ Allottee has applied to the Promoter for allotment of an Shop/Flat/Apartment No.______ on the _____ floor, in the Building "TRUKONS BUSINESS PARK" in the said project. AND WHEREAS the carpet area of the said Apartment is ___________ square meters and "carpet area" means the net usable floor area of an apart- ment, excluding the area covered by the external walls, areas under services shafts, exclusive alcony appurtenant to the said Apartment for exclusive use of the Allottee or verandah area and exclusive open terrace area appurte- nant to the said Apartment for exclusive use of the Allottee, but includes the area covered by the internal partition walls of the apartment. AND WHEREAS, the Parties relying on the confirmations, representa- tions and assurances of each other to faithfully abide by all the terms, condi- tions 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 WHEREAS, the Promoter has registered the Project under the pro- visions of the Real Estate (Regulation & Redevelopment) Act, 2016 with the Real Estate Regulatory Authority at___________ no._____________. AND WHEREAS, under section 13 of the said Act the Promoter is re- quired to execute a written Agreement for Sale of said Apartment with the Allottee, being in fact these presents and also to register said Agreement un- der the Registration Act, 1908. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby neither agrees to sell and nor sold any space for Parking to the Purchasers/ Allottee. 9 NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter shall construct the said building/s consisting of Lower Basement + Upper Basement + Lower Ground Floor+ Upper Ground Floor + First Floor + Second Floor + Third Floor +Fourth Floor +Fifth Floor + Sixth Floor on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. The Purchaser hereby agrees and give his / her / their irrevocable and unconditional consent to the Promoter herein to carry out such, alterations, modifications in the sanctioned layout/building plans, as the Promoter in its sole discretion thinks fit and proper and / or such modifications and alter- ations which are necessary in pursuance of any law, rules, regulations, order or request made by the local authority, planning authority, competent au- thority or Government or any officer of any local authority provided that the Promoter shall have to inform in writing to the Purchaser if such alterations and modifications adversely affect the carpet area of the said flat of the pur- chaser. The Promoter has made the purchasers aware and the purchaser hereby gives explicit no objection and irrevocable and unconditional con- sent to the Promoter to prepare the new/ revised layout and building plans, open space, internal roads, position of dust bins, transformer plinths, pump- ing stations etc. of the said land and to submit the same to the requisite au- thorities and obtain their sanctions and also further revise or amend the said revised plans as and when thought necessary by the Promoter or as and when required by the Promoter, and for the said purposes to sign all plans, without in any manner making the Purchaser liable for any costs and affecting his/ her interest. 1(a) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Apartment/Flat/Shop No. ___________ of the carpet area admeasuring _________ sq. meters on ______ floor in the Building ________'(hereinafter referred to as "the Apartment") as shown in the Floor plan thereof hereto annexed and marked Annexure C-1 and C-2 for the consideration of Rs. ________/-(Rupees :-_____ ____ __________ only) including the proportionate price of the common areas and facilities 10 appurtenant to the premises, the nature, extent and description of the com- mon areas and facilities which are more particularly described in the Sched- ule -C annexed herewith. 1(b) The Total consideration as above of THE SAID APARTMENT has been customized on request of the Allottee and as mutually agreed by both the parties hereto, will be as under. Sr. Particular % of Total Price No as per clause 2 01. Booking Deposit (Including Token amount) 10% 02. Within 15 days after the execution of this Agreement 20% 03. Within 15 days from the completion of the Plinth of the building. 15% 04. Within 15 days from the completion of the first slabs of the building. 5% 05. Within 15 days from the completion of the second slabs of the building. 5% 06. Within 15 days from the completion of the third slabs of the building. 5% 07. Within 15 days from the completion of the fourth slabs of the building. 5% 08. Within 15 days from the completion of the fifth slabs of the building. 2% 09. Within 15 days from the completion of the Sixth slabs of the building. 2% 10. Within 15 days from the completion of the seven slabs of the building. 1% 11. Within 15 days from the completion of the internal plaster of the building. 5% 12. Within 15 days from the completion of the Sanitary fittings, staircases, liftwel, lobbies upto the floor level of the said Apartment. 5% 11 13. Within 15 days from the completion of the external plumbing and external plaster, of the building or wing in which the said Apartment is located. 5% 14. Within in 15 days from the completion of the lifts, water pumps, electrical fittings, entrance lobby/s, paving of areas appertain and all other requirements as may be prescribed in the Agreement of sale of the building or wing in which the said Apartment is located. 10% 15. At the time of handing over of the possession of the Apartment to the Allottee on or after receipt of occupancy certificate or completion certificate. 5% __________________________________________________________________ Total 100% The purchaser hereby agrees the abovementioned payment schedule & accordingly the Allottee has paid on or before execution of this agreement a sum of Rs._________/- (Rupees- ________________________only) as advance payment or application fee & agrees to pay to the Promoter the balance amount as per installments written hereinabove. The details of payments is as follows. Sr.No. Amount Particular 01. _________/- Paid by The Allotee to Promoter by way of Cheque bearing Cheque No. ________, dtd.____________ drawn on ___________ ______ . 02. _______/- The Allootee agrees to pay as per installments written hereinabove at time to time. ________________________________________________________________ Total: ________/- ( Rupees : _____________________ only) 12 1(c) The above purchase price / consideration does not include the follow- ing charges:- a) Stamp Duty, Registration and other charges payable to the concerned authorities. b) Legal charges for documentation. c) Transfer fees. d) Water Resources Development charges. e) Any other taxes, cesses that shall be levied or become leviable by any Government authorities and also such other charges, escalations imposed by any Government Authorities. f) Proportionate share of Property taxes. g) Share money; entrance Fee of the Society or limited Company. h) Taxes (consisting of tax paid or payable by the Promoter by way of G.S.T. and Cess or any other similar taxes which may be levied, in connection with the construction of and carrying out the Project payable by the Promoter) up to the date of handing over the possession of the Flat/Shop/ Apartment. i) The amount of single phase MSEDCL meter deposit & water connection charges, Building maintenance deposit, Proportionate amount for formation and registration of Association of Apartment owners and Other expenses mentioned in the agreement. j) The Maintenance.------------- 1(d) The Total Price is escalation-free, save and except e s c a l a - tions/increases, 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 from time to time. The Promoter undertakes and agrees that while raising a demand on the Allottee for increase in development charges, cost, or levies imposed by the competent authorities etc., the Promoter shall enclose the said notification/order/rule/regulation published/issued in that behalf to that 13 effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. The Allottee will pay such amount , if any, before taking the possession of the Flat/Shop. 1(e) The Flat/Shop Purchaser/s shall make all the payments to the Promoter by Demand Draft only or by local cheques drawn in the name of Tejved Buildcon, L.L.P ,Current A/c No.________________ at _____________. Bank Branch ___________ Nashik, If the Flat/Shop Purchaser/s makes pay- ment by outstation cheques then the date of payment shall be the one when the same is credited to the account of the Promoter and to the extent the such amount is credited after deducting the commission of the Bank. The payment of the last installment shall be made by D.D or by local cheques & the possession of the said Flat/Shop shall only be handed over after the amount is realized and credited by the drawee bank. It is made clear and agreed by and between the parties hereto that the promoter shall not be bound to follow, chronological order of any of the stages of the above said stages/installments and that the Promoter shall be at complete liberty to choose the chronology of the respective stages of the construction. The Purchaser agrees that the Promoter may merge or consolidate two or more installments in their discretion by simultaneously executing the contemplated work in the said installment. The consideration of the said Flat/Shop is also arrived on the assurance of the Purchaser to abide by the above payment schedule only and it will not be altered by the Purchaser. The Purchaser shall liable & bound to pay all the amount of install- ments within 15 days from the date of receipt of the demand Letter of in- stallment by the Promoter. The Purchaser shall make all the payments to the Promoter by Demand Draft only or by local cheques . If the Purchaser makes the payment by outstation cheques then the date of payment shall be treated as and when the same is credited to the account of the Promoter and to the extent the said amount is credited by deducting the commission of the Bank. Payment of any installments if made in advance shall be adjusted to the in- stallments as mentioned herein above. No rebate /interest shall be paid by the Promoter for such advance payments made by the Purchaser or Housing Finance Companies/Banks, etc. 14 1(f) The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate is granted by the competent authority, by furnish- ing 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 recalcu- lated upon confirmation by the Promoter. If there is any reduction in the car- pet 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 speci- fied in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand additional amount from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square meter as agreed in Clause 1(a) of this Agreement. 1(g) The Allottee authorizes the Promoter to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful out- standing, if any, in his/her name as the Promoter may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Pro- moter to adjust his payments in any manner. 2.1 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 sanction- ing the said plans or thereafter and shall, before handing over possession of the Apartment to the Allottee, obtain from the concerned local authority oc- cupancy and/or completion certificates in respect of the Apartment. 2.2 Time is essence for the Promoter as well as the Allottee. The Pro- moter shall abide by the time schedule for completing the project and hand- ing over the Apartment to the Allottee and the common areas to the associa- tion of the allottees after receiving the occupancy certificate or the comple- tion certificate or both, 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 subject to the simulta- neous completion of construction by the Promoter as provided in clause 1(b) herein above. ("Payment Plan"). 15 3. The Promoter hereby declares that the Floor Space Index avail- able as on date in respect of the project land is ______ square meters only and Promoter has planned to utilize Floor Space Index ____ 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 ______ as proposed to be utilized by him on the project land in the said Project and Allottee has agreed to purchase the said Apartment based on the proposed construction and sale of apartments 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. 4.1 If the Promoter fails to abide by the time schedule for completing the project and handing over the [Apartment/Plot] to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from the project, interest @ 12% per annum or as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till the handing over of the possession. The Allottee agrees to pay to the Promoter, interest @ 12% per annum or as specified in the Rule, on all the delayed payment which become due and payable by the Allottee to the Promoter under the terms of this Agreement from the date the said amount is payable by the allottee(s) to the Promoter. 4.2 It is hereby agreed that the time for payment as specified above is the ESSENCE OF THIS AGREEMENT and on failure of the Purchaser to pay the same on due dates, it shall be deemed that the Purchaser has committed breach of this agreement and the Promoter shall be entitled to take such action as they are entitled to take in case of breach/default of this agree- ment, including termination of this agreement. 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 date, the Purchaser shall be bound and liable to pay interest @ 12% per an- num with quarterly rests on all amounts which become due and payable by the Purchaser to the Promoter till the date of actual payment. 16 Provided that tender of the principal amounts and interest or tender of the interest and expenses on delay thereof shall not itself be consid- ered as waiver of the right of the Promoter under this Agreement, nor shall be construed as condonation by Promoter on such delay. The amount of interest shall be calculated after completion of the said flat and the Purchaser has agreed to pay the same before possession of the said flat.. Without prejudice to the right of promoter to charge interest in terms of sub clause 4.1 above, On the Purchaser committing default in pay- ment on due dates of any one installment due and payable under this agree- ment (including his/her proportionate share of taxes levied by concerned lo- cal authority and other outgoings) and/or on the Purchaser committing breach of any one of the terms and conditions herein contained the Promoter, shall be entitled at their own option to terminate this agreement. Provided always that the power of termination hereinbefore contained shall not be exercised by the Promoters, unless and until the Pro- moters shall have given to the Purchaser 15 days prior notice in writing of their intention to terminate this agreement stating the specific breach or breaches of the terms and conditions in respect of which it is intended to terminate the agreement and default shall have been made by the Purchaser in remedying such breach within the time of maximum 15 days. Provided further that upon termination of this agreement as aforesaid, the Promoters shall simultaneously carry out the new booking of the said Flat/Shop and refund the amount paid till that date by the Purchaser without interest and after deducting the 10% of the amount paid, towards damages, compensation and after deducting G.S.T. and / or any other amount due and payable by the Purchaser/s and / or paid by the Promoters in respect of the said Premises only after selling/disposing of the said Flat/Shop to any other person/s or party. However, the erstwhile Purchaser shall not have any other claim upon the Said Flat/Shop itself or against the Promoters, except that of the amount to be refunded i.e. money claim without interest. 5. The fixtures, fittings and amenities to be provided by the Pro- moters in the said Premises and the said building are set out in ANNEXURE-"E" annexed hereto. The Promoters shall endeavor to provide the amenities of the same specifications as herein stated. However, in the event amenities of 17 the said specifications are not available in the market then the Promoters shall provide amenities of similar quality or as close to the said specifications as the circumstances may permit or their near substitutes. 6. The Promoter shall give possession of the Apartment to the Al- lottee on or before _______________. If the Promoter fails or neglects to give possession of the Apartment to the Allottee on account of reasons beyond his control and of his agents by the aforesaid date then the Promoter shall be liable on demand to refund to the Allottee the amounts already received by him in respect of the Apartment with interest at the same rate as may men- tioned in the clause 4.1 hereinabove from the date the Promoter received the sum against the consideration of said Flat/Shop till the date the amounts and interest thereon is repaid. Provided that the Promoter shall be entitled to reasonable extension of time for giving delivery of Apartment on the afore- said date, if the completion of building in which the Apartment is to be situ- ated is delayed on account of - (i) war, civil commotion or act of God ; (ii) Any notice, order, rule, notification of the Government and/or other public or competent authority/court. (iii) Any reasons beyond the Promoter's' control. (iv) Any default by purchaser. vi) Delay in grant of any NOC/permissions/licenses/ connections/ installation of any services such as lifts, electricity, water connections and meters to the Scheme Flat/Shop, road NOC etc., or Occupancy (Completion) Certificate from appropriate authority. 7.1 The Promoter, upon obtaining the occupancy certificate from the competent authority and the payment made by the Allottee as per the agreement shall offer in writing the possession of the Apartment , to the Allottee in terms of this Agreement to be taken within 3 months from the date of issue of such notice and the Promoter shall give possession of the Apartment to the Allottee. The Promoter agrees and undertakes to indem- nify the Allottee in case of failure of fulfillment of any of the provisions, for- malities, documentation on part of the Promoter. The Allottee agree(s) to 18 pay the maintenance charges as determined by the Promoter or association of allottees, as the case may be. The Promoter on its behalf shall offer the possession to the Allottee in writing within 7 days of receiving the occupancy certificate of the Project. 7.2 The Allottee shall take possession of the Apartment within 15 days of the written notice from the promoter to the Allottee intimating that the said Apartments are ready for use and occupancy: 7.3 Upon receiving a written intimation from the Promoter as per clause 7.1, the Allottee shall take possession of the Apartment 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 Apartment to the allottee. In case the Allottee fails to take possession within the time provided in clause 7.1 such Allottee shall con- tinue to be liable to pay maintenance charges as applicable. 7.4 If within a period of five years from the date of handing over the Apartment to the Allottee, the Allottee brings to the notice of the Pro- moter any structural defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be recti- fied by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act. Provided further that the Flat/Shop Purchaser/s shall not carry out any alterations of whatsoever nature in the said flat and building or in the fittings therein. In particular it is hereby agreed that the Flat/Shop Purchaser/ s shall not make any alterations in any of the RCC structures, fittings, ameni- ties, pipes, water supply connections or any of the erection ,alterations in the kitchen, toilets, W.C., terraces, bathroom etc. If any of such works are carried out or any heavy loads are stored in the Flat/Shop, balconies, terraces, pas- sages, etc, any liability including defect liability automatically shall become void. Further, the purchaser shall be liable of paying damages, if any, to pur- chaser / owner / user of the Flat/Shop below or any affected flat. 19 8. The Purchasers/ Allottee shall use the Flat/Shop/Apartment or any part thereof or permit the same to be used only for purpose of residence/ commercial. He/She shall use the parking space only for purpose of keeping or parking vehicle. 9. The Allottee along with other allottee(s)s of Apartments in the building shall join in forming and registering the Society or Association or a Limited Company to be known by such name as the Promoter may decide and for this purpose also from time to time sign and execute the application for registration and/or membership and the other papers and documents necessary for the formation and registration of the Society or Association or Limited Company and for becoming a member, including the byelaws of the proposed Society 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. No objection shall be taken by the Allottee if any, changes or modifications are made in the draft bye-laws, or the Memorandum and/or Articles of Associa- tion, as may be required by the Registrar of Co-operative Societies or the Reg- istrar of Companies, as the case may be, or any other Competent Authority. 9.1 The Promoter shall, within three months of registration of the Society or Association or Limited Company, as aforesaid, cause to be trans- ferred to the society or Limited Company all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the said structure of the Building or wing in which the said Apartment is situated. 9.2 The Promoter shall, within three months of registration of the Federation/apex body o f the Societies or Limited Company, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the in- terest of the Vendor/Original Owner/Promoter and/or the owners in the project land on which the building with multiple wings or buildings are con- structed. In the event the Federation/Co-operative Society Owners being formed prior to the construction, sale and disposal of all the apartments / units /tenements in the Said Scheme/s, the rights, interests, entitlements, etc., 20 of the said Society/ holders shall ALWAYS BE SUBJECT to the overall rights and authorities of the Promoters to deal and dispose off such unsold units/ tenements/ /parking spaces/ / as per their choice and on such terms and con- ditions and consideration as the Promoters may deem fit and proper. It is fur- ther agreed and understood by the Purchaser/s that the Promoters shall not be liable and /or required to contribute towards the common expenses, main- tenance charges, etc., in respect of the said unsold premises. 9.3 Within 15 days after notice in writing is given by the Promoter to the Allottee that the Apartment is ready for use and occupancy, the Allot- tee shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Apartment) of outgoings in respect of the project land and Building/s namely local taxes, betterment charges or such other lev- ies by the concerned local authority and/or Government water charges, in- surance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the manage- ment and maintenance of the project land and building/s. Until the Society or Limited Company is formed and the said structure of the building/s or wings is transferred to it, the Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee's share is so determined the Allottee shall pay to the Promoter provisional monthly contribution of whatever may come, per month towards the outgoings. The amounts so paid by the Allottee to the Promoter shall not carry any interest and remain with the Promoter until a conveyance of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance being executed for the structure of the building or wing the aforesaid deposits (less deduction pro- vided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 10. The Allottee shall on or before delivery of possession of the said premises keep deposited with the Promoter, the following amounts :- (i) Rs.15000/- for share money, application entrance fees, formation and registration of the Society or Limited Company/Federation/ Apex body and 21 proportionate share of taxes and other charges/ levies in respect of the Society or Limited Company/ Federation/ Apex body. (ii) Rs ____/- Per Sq.ft. on carpet are of the said flat for deposit towards provisional monthly contribution towards outgoings of Society or Limited Company/ Federation/ Apex body for Two years. (v) Rs.5000/- For Deposit towards Water, Electric, and other utility and services connection charges & (vi) Rs.10000/- for deposits of electrical receiving and Sub Station provided in Layout 11. The Allottee shall pay to the Promoter a sum of whatever may come for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at- Law/Advocates of the Promoter in connection with formation of the said Society, or Limited Company, or Apex Body or Federa- tion and for preparing its rules, regulations and bye-laws and the cost of pre- paring and engrossing the conveyance or assignment of lease. 12. At the time of registration of conveyance of the structure of the building or wing of the building, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Society or Limited Company on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said Building /wing of the building. At the time of registration of conveyance of the project land, the Allottee shall pay to the Promoter, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said land to be executed in favour of the Apex Body or Federation. 13. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER. The Promoter hereby represents and warrants to the Allottee as follows: i. 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 22 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 imple- mentation of the Project. ii. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall ob- tain requisite approvals from time to time to complete the development of the project. iii. There are no encumbrances upon the project land or the Project except those disclosed in the title report. iv. 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. v. All approvals, licenses and permits issued by the competent au- thorities with respect to the Project, project land and said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the compe- tent authorities with respect to the Project, project land and said building/ wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, Building/wing and common ar- eas. vi. 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. vii. The Promoter has not entered into any agreement for sale and/ or development agreement or any other agreement / arrangement with any person or party with respect to the project land, including the Project and the said Apartment which will, in any manner, affect the rights of Allottee under this Agreement. 23 viii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Apartment to the Allottee in the manner contemplated in this Agreement. ix. At the time of execution of the conveyance deed of the struc- ture to the association of allottees the Promoter shall handover lawful, va- cant, peaceful, physical possession of the common areas of the Structure to the Association of the Allottees. x. The Promoter has duly paid and shall continue to pay and dis- charge undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the com- petent Authorities till the date of completion certificate of the project. xi. No notice from the Government or any other local body or au- thority or any legislative enactment, government ordinance, order, notifica- tion (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. 14. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Promoter as follows :- i. To maintain the Apartment at the Allottee's own cost in good and tenantable repair and condition from the date that of possession of the Apartment is taken and shall not do or suffer to be done anything in or to the building in which the Apartment is situated which may be against the rules, regulations or bye-laws or change/alter or make addition in or to the build- ing in which the Apartment is situated and the Apartment itself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the Apartment any goods which are of hazard- ous, combustible or dangerous nature or are so heavy as to damage the con- 24 struction or structure of the building in which the Apartment is situated or storing of which goods is objected to by the concerned local or other author- ity and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the Apartment is situated, including entrances of the building in which the Apartment is situated and in case any damage is caused to the building in which the Apartment is situated or the Apartment on ac- count of negligence or default of the Allottee in this behalf, the Allottee shall be liable for the consequences of the breach. iii. To carry out at his own cost all internal repairs to the said Apart- ment 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 regula- tions and bye-laws of the concerned local authority or other public author- ity. In the event of the Allottee committing any act in contravention of the above provision, the Allottee shall be responsible and liable for the conse- quences thereof to the concerned local authority and/or other public author- ity. iv. Not to demolish or cause to be demolished the Apartment or any part thereof, nor at any time make or cause to be made any addition or alteration of whatever nature in or to the Apartment or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Apartment is situated and shall keep the portion, sewers, drains and pipes in the Apartment and the appurtenances thereto in good tenant- able repair and condition, and in particular, so as to support shelter and pro- tect 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 with- out the prior written permission of the Promoter and/or the Society or the Limited Company. 25 v. Not to do or permit to be done any act or thing which may ren- der void or voidable any insurance of the project land and the building in which the Apartment is situated or any part thereof or whereby any increased premium shall become payable in respect of the insurance. vi. Not to throw dirt, rubbish, rags, garbage or other refuse or per- mit the same to be thrown from the said Apartment in the compound or any portion of the project land and the building in which the Apartment is situ- ated. vii. Pay to the Promoter within fifteen days of demand by the Pro- moter, his share of security deposit demanded by the concerned local au- thority or Government or giving water, electricity or any other service con- nection to the building in which the Apartment is situated. viii. To bear and pay increase in local taxes, water charges, insurance and such other levies, if any, which are imposed by the concerned local au- thority and/or Government and/or other public authority, on account of change of user of the Apartment by the Allottee for any purposes other than for purpose for which it is sold. ix. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up. x. The Allottee shall observe and perform all the rules and regula- tions which the Society or the Limited Company or Apex Body or Federation may adopt at its inception and the additions, alterations or amendments thereof that may be made from time to time for protection and maintenance of the said building and the Apartments therein and for the observance and performance of the Building Rules, Regulations and Bye-laws for the time be- ing of the concerned local authority and of Government and other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid down by the Society/Limited Company/Apex Body/Federa- 26 tion regarding the occupancy and use of the Apartment in the Building and shall pay and contribute regularly and punctually towards the taxes, expenses or other outgoings in accordance with the terms of this Agreement. xi. Till a conveyance of the structure of the building in which Apart- ment is situated is executed in favour of Society/Limited Society, the Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof. xii. Till a conveyance of the project land on which the building in which Apartment is situated is executed in favour of Apex Body or Federa- tion, the Allottee shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the project land or any part thereof to view and examine the state and condition thereof. 15. After the registering the project under the provisions of the said act with Rera the Promoter shall maintain a separate account in respect of sums received by the Promoter from the Allottee as advance or deposit, sums re- ceived on account of the share capital for the promotion of the Co-operative Society or association or Company or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 16. Nothing contained in this Agreement is intended to be nor shall be con- strued as a grant, demise or assignment in law, of the said Apartments or of the said Plot and Building or any part thereof. The Allottee shall have no claim save and except in respect of the Apartment hereby agreed to be sold to him and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoter until the said structure of the building is transferred to the Society/Limited Company or other body and until the project land is transferred to the Apex Body /Federation as hereinbefore mentioned. 27 17. After the Promoter executes this Agreement he shall not mortgage or create a charge on the Apartment and if any such mortgage or charge is made or created then notwithstanding anything contained in any other law for the time being in force, such mortgage or charge shall not affect the right and interest of the Allottee who has taken or agreed to take such Apart- ment. 18. Forwarding this Agreement to the Allottee by the Promoter does not create a binding obligation on the part of the Promoter or the Allottee until, firstly, the Allottee signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within 30 (thirty) days from the date of receipt by the Allottee and secondly, appears for registration of the same before the concerned Sub- Registrar as and when intimated by the Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30 (thirty) days from the date of its receipt by the Allottee and/or appear before the Sub-Registrar for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice to the Allottee for rectifying the default, which if not rectified within 15 (fif- teen) days from the date of its receipt by the Allottee, application of the Allot- tee shall be treated as cancelled and all sums deposited by the Allottee in connection therewith including the booking amount shall be returned to the Allottee without any interest and after deducting the 10% of the amount paid, towards damages, compensation. 19. This Agreement, along with its schedules and annexure, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any and all understandings, any other agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the Parties in regard to the said apartment/plot/building, as the case may be. 20. This Agreement may only be amended through written consent of the Parties. 28 21. If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made there under or under other 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 Regulations made there under 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 Agree- ment. 22. Wherever in this Agreement it is stipulated that the Allottee has to make any payment, in common with other Allottee(s) in Project, the same shall be in proportion to the carpet area of the Apartment to the total carpet area of all the Apartments in the Project. 23. Both Parties agree that they shall execute, acknowledge and deliver to the other such instruments and take such other actions, in additions to the instruments and actions specifically provided for herein, as may be reason- ably required in order to effectuate the provisions of this Agreement or of any transaction contemplated herein or to confirm or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 24. The Allottee and/or Promoter shall present this Agreement as well as the conveyance at the proper registration office of registration within the time limit prescribed by the Registration Act and the Promoter will attend such office and admit execution thereof. 27. That all notices to be served on the Allottee and the Promoter as con- templated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Registered Post A.D. Under Certifi- cate of Posting at their respective addresses specified on page no.1 of this Agreement. 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 Agree- ment in the above address by Registered Post failing which all communica- 29 tions 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. 28. That in case there are Joint Allottees all communications shall be sent by the Promoter to the Allottee whose name appears first and at the address given by him/her which shall for all intents and purposes to consider as prop- erly served on all the Allottees. 29. Stamp Duty and Registration :- The charges towards stamp duty and Registration of this Agreement shall be borne by the allottee. 30. Any dispute between parties shall be settled amicably. In case of fail- ure to settled the dispute amicably, which shall be referred to the Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 30. 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 and the Courts at Nashik i will have jurisdic- tion for this Agreement. First Schedule All that piece and parcel of vacant land bearing Plot No.34 to 36/&/ 87/1, total area admeasuring 1494.49 sq.mtrs. of S.No.5/2 bearing CTS No.2495 , situated at mauje Wadala, Tal. & Dist.Nashik within the limits of Nashik Municipal Corporation, and within the limits of Sub-Registration of Nashik, bounded as follows; On or towards EAST : On or towards WEST : On or towards SOUTH : On or towards NORTH : Together with the right to use common space, colony roads and other easementory rights. 30 Second Schedule All that piece and parcel of Flat /Shop No.______, admeasuring carpet area _________ sq. mtrs. + Balcony area adm._______ sq.mtrs + attached Ter- race area ____, on _____ Floor, In Building & project known as "TRUKONS BUSINESS PARK" , to be constructed upon the said land described in first sched- ule above.The said flat/shop is bounded as under: On or towards EAST : On or towards WEST : On or towards SOUTH : On or towards NORTH : Here set out the nature, extent and description of common areas and facilities. Schedule - C Specifications and Amenities to the Apartment 1 2 3 Amenities common to the Building 1 2 3 IN WITNESS WHEREOF THE PARTIES HERETO HAVE SIGNED HERE- UNTO ON THIS DY DATE YEAR FIRST MENTIONED HEREINABOVE. SIGNED AND DELIVERED by the Within Named "PURCHASER" 1) __________ 2) __________