13 a. The A1lotteesshall take possessionof the Apartment within 15 days of the written notice from the Promoters to the Allottees intimating that the said Apartment is ready for use and occupancy; b. FAILURE OF ALLOTTEES TO TAKE. POSSESSION OF APARTMENT :- Upon receiving a written intimation from' the Promoters as mentioned hereinabove, .the Allottees shall take possession of the Apartment from the Promoters' by executing necessary indemnities, 'undertaking and such other documentation as prescribed in this Agreement, and the Promoters shall give possession of the Apartment to the Allottees. In' case the Allottees fails to take possession within the time mentioned hereinabove, such Allottees shall be liable to pay maintenance charges as applicable from the date of occupation/completion certificate of the said building is received by the Promoters.. c. If within a period' of 5 years from the date of handing over the Apartment to the Allottees, the Allottees brings to the notice of the .Promoters any structural defect in the Apartment or .the building in which the Apartment is situated or any defect on account Of . workmanship, quality 'or provision of service, then, wherever posslole such defects shall be rectified by the Promoters at their own cost and in case it is not possible to rectify such defects, then the Allottees shall be' entitled to receive from' the Promoters, expenses required to rectify such defect in the manner as provided under the Act. .~ ) 8) The Allottees shall use the Apartment or any part thereof or permit the same to be used only for purpose of residence. They shall use the allotted parking space only for purpose of keeping Or parking vehiCle owned by them. 9) .The Allottees along with other Allottee(s) of Apartments in the building shall join in forrninq and registering the Apartment ASSOCiationto be known by such name as the Promoters may decide and for this purpose . . also from time to time sigh and execute the application for registration and/or membership and the other papers and' documents necessaryfor the formation and registration of the Apartment Assoclauon or Limited Company and for becoming a member, includihg the bye-laws of the Apartment Associatlon and duly fill in, sign arid return to the Promoters . . within seven days of the same being forwarded by the Promoters to the Allottees, so as to enable the Promoters to register the Apartment -' .~ ~ ..- ..'/ _ - .:.. .. 14 Association of Allottees. The Allottees shall. not take. any objection for the changes or modifications made in the draft bye-laws, as may be required by the Competent Authority. a) The Promoters shall, within 3 months of. registration of the Apartment Association or upon receipt Of entire amount of consideration of the said Apartment from the Allottees cause to be transferred to the Apartment Association all the right, title and the interest of the Promoters in the said apartment. b) The Promoters shall, within 3. months of registration of the . Apartment Association and upon ~eceiptof consideration amount of . all . the. premises .' in the said . building on . the . project .land cause to be transferred to the Apartment Association all the right, title and ___..,_ interest of the Promoters in the project land on which the building is i I constructed. . c) Within 15 days after notice in writing is given by the Promoters to the Allottees that the Apartment is ready for use and occupation, the Allottees shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Apartment) of outgoings I in respect of the. project land and building/s namely local taxes, betterment charges or such other levies levied by the concerned local authority and/or Government, water charges, lnscrance.] common lights, repairs and salaries of. clerks, bill .collectors, chowkidars, '. sweepers . and all '. other : expenses' necessary. and '., incidental to the '. management ..' and .maintenance ..' .of the project . !and and building. Until the Apartment Associenon is formed and the said structure of the building\s or wings is transferred to it, the Allottees shall pay to the Promoters such proportionate share of outqolnqs as may be. determined e, The. AHottees further agrees that till the Allottee's share is so determin~ the Allottees shall pay to the .Promoters provisionally monthly contrtbutton of Rs. 1/~ per sq. fts . . '.. .... . of Apartment per month towards the outgoings. The amounts so . . '. paid by the Allottees to the Promoters shall not carry any interest and remain with the Promoters . ul'Jtila . conveyance of the structure of the build.ingis executed in favour of the Apartment Association as aforesaid. On such conveyance being executed for the structure of . the building the aforesaid. deposits (less deduction provloeo for in, this Agreement) shall be. paid over by the Promoters to the Apartment Association, as the case may be. 15 10) At the time of registration of conveyance of the structure of the building of the bUilding, the Allottees shall pay to the Promoters, the Allottees' share of stamp duty and registration charges payable, by the said Apartment Association on such conveyance or any document or . . instrument of transfer in respect of the structure of the sald building of the building. At the time..of registration of conveyance of the project land, the Allottees shall pay to the Promoters, the AUottees' share of stamp duty and registration charges payable on such conveyance or any document or instrument of transfer in respect of the structure of the said land to be' executed in favour of the Apartment Association. . 11) REPRESENTATIONS AND WARRANTIES OF THE PROMOTERS:- . The Promoters hereby represents and warrants to the Allottees as. follows; i. The Promoters have dear and marketable title with respect to the ~ project land; as declared in the title report annexed to this .' Agreement and have the requisite rights to carry out development upon the project land and also have actual, physical and legal possessionof the project land.for the implementation of the Project: Ii. The Promoters have lawful rights and requisite approvals from the competent authorities to carry out development of the project and shall obtain requisite approvals from time to time to complete the development of the project; iii. There are no encumbrances upon the project land or the project except those disClosedin 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 ih the title report; v. All approvals, licenses and permits issued by the competent authorities wrth respect to the project, project land and said building are valid and subsisting and have been obtained by following due process of law. Further, all .approvals, licenses and permits to be issued by the competent authorities with respect. to the project, project land and said building shall be obtained by fOllowing due . . I ... ,.. .. .. ' , ... ,,_ ~_ _ • 16 right title and interest of the Allottees created herein, may prejuOdiciaHy be affected. vii. The Promoters have not entered into any Aqreernent for Sale and/or o 0 development agreement or any other agreement/ arrangement with o 0 any person , or party with respect to the project tend, including the '. . project and the said Apartment which will, in any manner, affect the o 0 rights of Allottees under this Agreement. viii: The Promoters confirms that the Promoters are not restricted in any manner whatsoever from selling the said Apartment to the Allottees in the manner contemplated in this Agreement. ix. At the time of execution of the conveyance deed of the structure to the Apartment Association of Allottees the Promoters shall handover laWful, vacant, peaceful, physical possession of the common areas of the Structure to the Apartment Association of the Allottees; X. The Promoters have duly paid and shall continue to pay and I d·ischarge undisputed governmental dues, rates, charges and taxes I and other monies, levies, impositions,' premiums, damages and/or penaltIes and other outgoings, whatsoever, pavable with respect to the said project to the competent authonues till 0 obtaining occupation and/or completion certificate of the construction of the said building on the project land. • 0 0 I xi. No notice from the Government or anv other local body or authority or any legislative enactment, government ordinance, order, notiflcationDndudlnq any notice for acquisition or requlsltlon of the ,l said property) has peen received or served upon the Promoters in respect to the project land and/or the Project except those disclosed in the title report. 0 12) The Allottee/s for himself/themselves with lntentlon to bring all persons into whosoever hands the Apartment mav come, hereby' covenants with o the Promoters as follows > • 0 i. To maintain the Apartment at the Aflottee's own cost in good and I tenantable repair and condition from the date of possession of the! Apartment is taken and shall not de or suffer to be done anything in or to the build~ng in which the Apartment is situated and the 0 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 hazardous, combustible or dangerous nature or are so heavy as to damage the construction or .structure of the bulldinq in whkh the Apartment is 17 situated or storing of which goods is objected to by the concerned local or other authority. and shall take care while carrylnq 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 ln 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 account of negligence or default of the Allottees in this behalf, the Allottees shall be liable for the consequences of the breach. , Hi. To carry out at their own cost all lnternai repairs to the said Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Promoters to the Allottees and shall not do or suffer to be done anything in or to the buiiding in which the Apartment 'is situated or the Apartment which ,.~ may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottees committing any act in contravention of the above 'provision, the Allottees shall be responsible and liable for the consequences thereof to the concerned local authority and/or other public authority. iv. Not to demolish or cause to be demolished the Apartment or any oart 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 arid pipes in the Apartment and the appurtenances thereto in good tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in, any other manner cause damage to columns, beams, walls, slabs or RCCf Pardls or other structural members intne Apartment without the prior written permission of the Promoters and/or the Apartment AssoCiation. v. Not to db or permit to be done any act or thing which may render void or voidable any insurance or 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. I. ·18 ! i vi. Not to throw dirt, rubbish, rags, ga.r~ge or other refuse or permit I the same to be thrown from the sald Apartment in the compound or any portion of the project land and the building in which the Apartment is situated. vii. Pay to the Promoters within ·15 days of demand by the Promoters, ! their share· of security deposit deman·ded by the concerned local authority or government for giving water, electricity or any other . . service connection to the buildfng in: which the Apartment is i 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 I local authority and/or government and/or other public authority, on I account of change of user of the Apartment by the Allottees for any purpose other than for the purpose for which it is sold.. i I ix. The AHottees shall not let, sub-let, transfer, assign or part with interest or benefit factor of ~his Agreement or part with the possession of the Apartment untiJ art the dues payable by the i I Allottees to the Promoters under ,this agreement are fully paid up. x. The Allottees shall observe and perform all the rules and regulations I which the Apartment Assodatton .mav adopt at its inception and the! additions, alterations or .a~e~dments. thereof . that may be .made I i I, . . I from time to time for protection and maintenance of the said . . building and the Apartments therein end for .the observance and I, . . performance of the building Rules, ~egulations and. Bye-laws for the! . , time being of the concerned IPea.1authorttv and of government and other public bodles. The Allottees shall also observe and perform ali" the stipulations and conditions laid down by the Apartment . Association regard~ngthe 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 buiTdingin which apartment is situated is. executed in favour of Apartment ., ASSOciation the I Allottees shall permit the Promoters and their surveyors and agents, with or without workmen and others, at- all· reasonable times, to enter into and upon the said builcUngor . any part thereof to view , I and examine the state and condition thereof. " 19 13) The Promoters shall maintain a separate account in respect of sums received by the Promoters from the Allottees as advance or deposit, sums received on account of the share capital for the promotion of the Apartment Association or towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 14) Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Apartment or of the said plot and building or any part thereof. the Allottees shall have n~ claim save and except in respect of the Apartment hereby agreed to be sold to them and all open spaces, parking spaces, lobbies, staircases, terraces recreation spaces, will remain the property of the Promoters until the said structure of the building is transferred to the" Apartment" Assoctatlon and until the to the Apartment Association as hereinbefore "~ project land is transferred mentioned. 15) PROMOTERS SHALL. NOT MORTGAGE OR CREATE A CHARGE :- After the Promoters executes this Agreement they 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 Allottees who have taken or " sqreedto take such Apartment. 16) BIN"DING EFFECf :- Forwarding this Agreement to the Allottees by "~ ... the Promoters does not create a binding obligation on"the part of the Promoters Or the Allottees until, firstly; the Allottees signs and delivers '. ~ this Agreement with all the Schedules along with the payments due as stipulated in the payment plan within 30 days from the date of receipt by the Registrar as and when intimated by the Promoters. If the Allottee(s) fails to execute and dellver to the Promoters this Agreement within 30 days from the date of its receipt by the Allottees and/or appear before the Sub-Registrar for its reqistratton as and when "intimated by the Promoters, then the Promoters shall serve a notice to the Altottees (or rettifying the default, Which if riot rectlfled within 15 " " days from the date of its receipt by the Allottees, application of the Allottees shall be treated as cancelled and ali sums deposited by the" Allottees in connection ther-~witl1j'ncludingthe booking amount shall be J" " _ .......... __ .. ,-_._.._ . 20 returned to the Allottees without any interest or compensation whatsoever by deducting such expensesas has been incurred by the .Promoters for preparing such A9reement. 17) ENTIRE AGREEMENT ::- This Agreement along with its schedules and annexures, constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes any and all i understandings, any other· agreements, allotment letter, correspondences, arrangements whether written or oral, if any, between the parties in" regard to the sa.fdapartment as the case may! be. 18) RIGHT TO AM.END :- This Agreementmay oniy be amended through written consent of both the parties to the Agreement. 19) PROVISIONS OF THIS AGREEMENT APPLICASLE TO ALLOTTEE jSUBSEQUENT ALLoTTEES :.; It is clearly understood and so agreed by and between the parties hereto that all the provisions contained . herein and the obligations arising hereunder in respect of the project I shall equally be applicable to and enforeeable aqalnst any subsequent Allottees of the Apartment in case of a.transfer, a? the said obligations .goalong with the Apartment for all intents and purposes. 20) SEVERABILITY :- 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 meonsrstent 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, es the case may be and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 21) METI-iOD OF CALCU,,"ATION OF PRQP:ORTIONI.TE SHARE WHEREVER REFERRED TO :IN· THE AGREEM.ENT :- ·Wherever in this Agreement it is stipulated that the Allottees have to mak~ any i·. payment in common with other Allottee(s) in project, the same shaH I be In proportion to the carpet area of the Apartment to the total carpet! area of all the Apartment in the project. 22) FURTHER 'ASSURANCES :- Both parties agree that they shall execute, acknowledqe 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 reasonably required in order to effectuate the. provisions of this Agre~ment or of any transaction I 21 contemplated herein or to contlrrn or perfect any right to be created or transferred hereurider or pursuant to any such transaction. 23) PLACE OF EXECUtION :- The execution of this Agreement shall be completed only upon its execution by the Promoters through its authorized signatory at the Promoter's Office, ·or at some 'other place; which may be mutually agreed between the Promoters and the. Allottees. After the Agreement. is duly executed by the Allottees and the Promoters or simultaneously with the execution the said Agreement I shall be registered at the office of the' Sub-Registrar. Hence this Agreement shall be deemed to have been executed at Nashlk, 24) The Al'lottees and/or Promoters shall present this Agreement as well as the conveyance at the proper registration office of reorstranon within . . the time limit prescribed.by the Registration Act and the Promoters will attend such office and admit execution thereof. II 25) That all notices to be served on the Allottees and the Promoters as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottees or the Promoters by Registered Post A. D. and notified E-mail 10 at their respective address specified below; Name of Allottees 1] Mr. 2} Mrs. Address Both RID. Email 10 PromoterS Name MIs ..Pooja. Construction through, its Partners 1] Mr. Shanttlal Jaqannath Laddha 2] Mrs. Padma Shantilal Laddha 3] . Mrs. Arcbana Harish Kela Address Office NoA, Siddhi Pooja Reqency, Old Gahgapur Naka, Behind Hotel Vihar, Gangapur Road, Nashik- 422005 26) JOINT ALLOTTEES :- That in case there are Joint Allottees all communications shall be sent by the Promoters to the Allottee whose name appears first and at the address given by them which shall for all intents and purposes to consider as properly served on all the Atlottees. 27) STAMP DUTY &. REGISTRATION :- The charges towards stamp duty and registration o.f this Agreement shall be borne by the AIIOtteE!S. 28} DISPUTE RESOLUiION :.. Any dispute between parties shall be settled amicably. In case of failure to settle the dispute amicably, which shall be referred to the Competent Authority CiS per the provisions of the Real Estate (Regulation and Development) ACt, 2016, Rules and Regulations, there under. · : ._ . ... -"'_'--' _._._.. ';'-:'7' • _ •• It •• :_. _ .!~...~._~_. 22 ., 2~}· GOVERNING LAW :- That the rights ana obligationS of the parties I under or arising out' of this Agre~~ent shal'l be construed and entorced in accordance with the laws of·India forthe time being in force and the . civil courts will have the Jurisdiction. for this Aqreement, ~ SCHEDULE - I . Description of the said property referred to above. All that piece and parcel of non-aqrlcultural land bearing Revenue Survey No. . ..' . 465/1/H)fl1j12 Plot No. 35/36 admeasuring 703.64 sq.mtr. assessed at N.A. . assessment of Rs. 928.80 Ps. situate, lying' and being at. vlUCilge Nashik, Taluka & Dlst. Nashik, within the llrnits of Nashlk Municipal Corporation, Nashlk and bounded as under.- On or towards the East By Plot No. 37, 38 & 39 On or towards 'the West By Plot NCh 34 On or towards the South By Plot No..32 & 33. . ,) \ .' On or towards the North By 6.00 mtrs. Wide COlo(1yRoad SCHEDULE - 11 Description of the said premises sold under tb_i'sA~reem.ent. On the aforesaid property a. building named as npQE>lA BLOSSOM APARTME;NT" is under construction and out of the said building the premises of Apartment . . Flat No . 'adm~~suring .. sq. mtrs, net carpet area along w.ith BaicQ.n.Yarea ..•••••.•sq, mtrs, as per sanctioned buil~ing plan on the FI.oor ~Iong wlth covered P~rkinJ Space No . .....:.... in the parking shed on Ground Floor and bounded as under.- On or towards the East . BY' On or towards the West By On or towards the South By' I On or towards the 'North' By SC~EDUlE - III' . List of the Al11eniti~s to be provided in the Sa.id·FI~t Premises» 1) . Earthquake R~sistan~ R.c.c. framed structure. 2) AI! external walls wlllbe 6" thick & internal w~1 4.5" thick. . I 3) All w~lI'~ wlll have sand faced. plaster from ~utside an.d gypsUIl} flntsh Ii from Inside.. . '. 4) All door will be laminated flush door. 5)' Decorative M.S. Grills for ·wind.ows with 3 Track Powder Coated Aluminum sliding inclusive window with mosquito net. 6) First quality. diamond the flooring of 2' x 2~ with same skirting in alii rooms (basic Rate 4.0/- Rs.sq.fts.) . . 1 7) Toilet will have 9.)axed tiles dado up to slab level. (basic Rate 30/- Rs. Sq.fts.). . 8) Entire plumbing will be concealed with if! good 'CPVC with hot &. cold water divertor system with JaguarjAquel Cocks. 9) '9 fts. Length kitchen Platform' with Granite Top, Stainless Steel Sink and C. P. Tapp with Glaxed oacoupto Slab 01) facing walls. . ., 23 10) All units will be painted inside with Tractor Emulsion and External walls with Acrylic Paints. 11) Electrification will be concealed with Anchor, Roma or equivalent switches with adequate point. 12) Underground & overhead water tank will be provided with Municipal Water supply. 13) Parking area paved with paver blocks. 14) Terrace with brick bat koba, is) All doors will have 5.5. fitting with Europa latch. 16) Lift with Power Backup (Battery Sack-up) 17) Intercom System to each flat holder. Security person. 18) Video door phone system provided for every flat. 19) Attractive entrance lobby. 20) Provision of Inverter. IN WITNESS WHEREOF, THE PARTIES HERETO AND ON THE DUPUCATE I HEREOF'.SET AN'O SUBSCRIBED THEIR RESPECfIVE HANDS, SEALS ON THE DAY AND MONTH AND THE YEAR FIRST WRTITEN HEREINABOVE , MENTIONED. I SIGNED, SEALED AND DEUVERED BY I THE WTTHINNAMED'Promoter's' . . Pooja Construction A Partnership Firm I III Through its Partners Viz. Mr. Shantilal Jagannath . . Laddha 2] Mrs. Padma Shantilal Laddha 13) Mrs. Archana H~rish Kela I . . (Promoters) ..'"'\, SIGNED, SEALED AND DEUVEREO' BY THE WITHINNAMED rAllotteesi 11] Mr. I 12] Mrs. (Allottees) I IN PRESENCE OF WITNESSES ~ I I 1) 2) I I I L~ ~~ ~~ ~ __~ , .. -;