Date:- _____/___/2017. To, MR/MRS. _______________________________________, ___________________________________________________, ___________________________________________________. SUBJECT:- PROVISIONAL ALLOTTMENT OF FLAT. Madam / Sir, This is to state that, you are allotted Flat No. _____ on ___________ Floor in ____ Wing, area admeasuring about ______________ Sq. Mtrs Carpet, in the Project known as “AMBER ARCADE” situated at Village:-Belavali, Taluka-Ambernath, Dist:-Thane on the landed properties of Survey No. 51, Hissa No. 3(p), area admeasuring about 2167.41 Sq. Meters, Within the limits of Kulgaon Badlapur Municipal Council, (Hereinafter referred to as the “the Said Premises”) for the consideration of Rs. ___________________/- (Rupees ________________________________________________________ only) The Payment Schedule and other terms and conditions of sale of flat Shall be drawn in the sale Agreement and the purchaser agrees to comply with such terms and conditions and make the payment to the promoters strictly as per Schedule mentioned in Such Sale agreement as under :- The Allottee has paid on or before execution of this agreement a sum of Rs. _____________________________ (Rupees____________________________________________ only) (not exceeding 10% of the total consideration) as advance payment or application fee and hereby agrees to pay to that Promoter the balance amounting (Rupees______________________________________________________________________________________ ____________________________ only). The Payment Schedule and other terms and conditions of sale of flat/Shop Shall be drawn in the sale Agreement and the purchaser agrees to comply with such terms and conditions and make the payment to the promoters strictly as per Schedule mentioned in Such Sale agreement. You are also liable and responsible to pay the requisite GST, local body tax, and other levies as may be levied by the Central Government, State Government and Semi Government authorities and on payment of the above sale consideration and above amounts the possession of the flat will be handed over to you. It is further informed to you that, this offer of allotment is valid only till execution of Agreement for Sale and it will not amount to sale of the said flat till necessary sale agreement in pursuance of the Provisions of Maharera Act, 2016 and Maharashtra Ownership of Flats Act, 1963 is duly executed and if there is any delay in payment of Consideration then this allotment will stand cancelled and the monies paid by you, will be returned to you as per the Provisions of Maharera Act, 2016 and rules made thereunder. Thanking You. For_____________________ (MAITRI DEVELOPERS) 1 Annexure ‘A’ AGREEMENT FOR SALE. This Agreement made at BADLAPUR, On this ______day of __________ in the year Two Thousand and Seventeen. BETWEEN… M/S. MAITRI DEVELOPERS, a partnership firm through its Partner SHRI MUKESH SHAMJI SHAH, Age 47 year, Indian Inhabitant, Hindu Adult, Occupation: Business, having its office situated at: G/7, Amber-Plaza-II, New Ring Road, Opp. Krishna Garden, Off to Katrap High Way, Village Belavali, Badlapur(E) - 421503…………..,hereinafter referred to as "The Promoter of the One Part; AND……… (1) MR. ______________________________________________________________, aged about ________ years, Occupation:- ____________________, (2) MR / MRS. __________________________________________________________, aged about _______ years, Occupation:- __________________, Both residing at :- _________________________________________________________________________ _____________________________________________________________________________________________, ………….. Hereinafter referred to as "The Allottee" of the Other Part. And whereas, the Land Owners Mr. Shivaji Dagadu Raut & others had sold the aforesaid property of village:-Belavali, Tal:-Ambernath, Dist.:-Thane, bearing Survey no. 51, Hissa No. 3(p), area admeasuring about 2167.41 Sq. Meters, “M/S. MAITRI DEVELOPERS” by Registered Sale Deed Agreement bearing no. 1725/2011 dated 15/02/2011. And the 7/12 Extract has transferred in name of “M/S. MAITRI DEVELOPERS” by Mutation Entry No. 3408 of Village Belavali, Tal:- Ambernath, Dist.:- Thane. And thereafter M/s MAITRI DEVELOPERS has applied for N.A. permission of the said property to collector office Thane on 26.12.2012, and they received the N.A. permission from the Collector Office Thane bearing No. Mahsul/Kaksha- 1/T-14/NAP/SR/242/2012, Dated 13/06/2013. 2 AND WHEREAS pursuant to the Agreement “M/S. MAITRI DEVELOPERS” has got the Building Commencement Permission issued by Kulgaon Badlapur Municipal Council bearing outward no. K.B.N.P./B.P./2014-15/1427-264, dated 27/02/2015 for the construction of multi-storied building as per sanctioned plans by the local authority/Municipal council. WHEREAS, First Party is constructing a multistoried building named “AMBER-ARCADE”, situated at village:-Belavali, Tal:-Ambernath, Dist.:-Thane, on the landed property, of Survey no. 51, Hissa No. 3(p), area admeasuring about 2167.41 Sq. Meters, ………. Hereinafter referred to as the “Said Property”. AND WHEREAS the developers/Builders have entered into standard agreement with its Architect, “MRS. S.R.KHAMBAYAT” who is being registered with the council of Architects, and such agreement is as per the Agreement prescribed but the Council of Architects and the Developers has also appointed “S.V.P. ASSOCIATES” as structural Engineer for the preparation of the structural designs and drawings of the building and as R. C. C. Engineer till the completion of the building. AND WHEREAS pursuant to the aforesaid Sale Deed and Agreements for T.D.R., the party of the first part, “M/S. MAITRI DEVELOPERS” having all Rights to develop the aforesaid property specifically mentioned in “Schedule A ” and the party of the first part had decided to construct 02 multi-storied building (D wing having Ground + 4 Floors) & (E wing having Ground + 4 Floors) as per sanctioned plans bearing Commencement Certificate No-_ K.B.N.P./B.P./2014- 15/1427-264, dated 27/02/2015, by the Kulgaon Badlapur Municipal Council and they are having all rights to construct and sale of the Apartment ……., which is to be constructed on the above said property……………more particularly described in “SCHEDULE A”………………..hereunder written ( hereinafter referred to as " the project land") AND WHEREAS the Promoters are entitled and enjoined upon to construct buildings on the project land in accordance with the recitals hereinabove; AND WHEREAS the Vendor/Promoter is in possession of the project land. 3 AND WHEREAS the Allottee is offered an Apartment bearing number ________ on the _____________floor, …………… (Herein after referred to as the said “Apartment”) in the Building called “AMBER ARCADE- WING” ……………….(herein after referred to as the said “Building”) being constructed in the said project, by the Promoter. AND WHEREAS the Promoter has entered into a standard Agreement “MRS.S.R.KHAMBAYAT” who is an Architect registered with the Council of Architects and such Agreement is as per the Agreement prescribed by the Council of Architects; AND WHEREAS the Promoter has registered the Project under the provisions of the Act with the Real Estate Regulatory Authority at ________________, no___________; authenticated copy is attached in Annexure ‘F’. 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. AND WHEREAS, by virtue of the Sale Deed and Agreement for T.D.R., the Promoter has sole and exclusive right to sell the Apartments in the said building to be constructed by the Promoter on the project land and to enter into Agreements with the allottees of the Apartments to receive the sale consideration in respect thereof. 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 Mrs. S.R.Khambayat, and of such other documents as are specified under the Real Estate (Regulation and Development) Act 2016 (hereinafter referred to as "the said Act") and the Rules and Regulations made thereunder; AND WHEREAS the authenticated copies of Certificate of Title issued by the ADV. PRASAD G. SHELKE , authenticated copies of Property card or extract of Village Badlapur, Forms VI and VII and XII or any other relevant revenue record showing the nature of the title of the Promoter to the project land on which the Apartments are constructed or are to be constructed have been annexed hereto and marked as ANNEXURE 'A' AND 'B', respectively. 4 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 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 specifications of the Apartment agreed to be purchased by the Allottee, as sanctioned and approved by the local authority have been annexed and marked as ANNEXURE-D. AND WHEREAS, the Promoter has got approvals from the concerned local authority i.e KULGAON BADLAPUR MUNICIPAL COUNCIL to the plans, the specifications, elevations, sections and of the said building and shall obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Building. AND WHEREAS while sanctioning the said plans concerned local authority i.e KULGAON BADLAPUR MUNICIPAL COUNCIL/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoter while developing the project land and 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 construction of the said building in accordance with the said proposed plans. AND WHEREAS the Allottee has applied to the Promoter for allotment of an Apartment No.______________on _________________Floor, situated in the building Named “AMBER ARCADE– WING” being constructed in the 2ND Phase of 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 apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony appurtenant to the said Apartment for exclusive use of the Allottee or verandah area and exclusive open terrace area appurtenant to the 5 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, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions appearing hereinafter; AND WHEREAS, prior to the execution of these presents the Allottee has paid to the Promoter a sum of Rs._____________________/- (Rupees _________________________________________________) only, being part payment of the sale consideration of the Apartment agreed to be sold by the Promoter to the Allottee as advance payment or Application Fee (the payment and receipt whereof the Promoter both hereby admit and acknowledge) and the Allottee has agreed to pay to the Promoter the balance of the sale consideration in the manner hereinafter appearing. AND WHEREAS, the Promoter has registered the Project under the provisions 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 required to execute a written Agreement for sale of said Apartment with the Allottee, being in fact these presents and also to register said Agreement under 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 agrees to sell and the Allottee hereby agrees to purchase the (Apartment). NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREEDBY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoter shall construct 02 buildings i.e. “D & E WING” on the project land in accordance with the plans, designs and specifications as approved by the Kulgaon Badlapur Municipal Council from time to time Provided that the Promoter shall have to obtain prior consent in writing of the Allottee in respect of variations or modifications which may adversely affect the Apartment of the Allottee except any alteration or addition required by any Government authorities or due to change in law. 6 1.a(i) The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Apartment No. _________ on the ___________ floor of carpet area admeasuring ______________ sq. metres in the building named “AMBER ARCADE – WING” (hereinafter referred to as "the Apartment") as shown in the Floor plan thereof hereto annexed and marked ANNEXURES C-1 AND C-2 for the consideration of Rs.____________________/-(Rs. _____________________________________________________________) 1(b).The Allottee has paid on or before execution of this agreement a sum of Rs ___________________________/- (Rs. ________________________________________________ only) as advance payment or application fee and hereby agrees to pay to that Promoter the balance amount of Rs _______________/- (Rs_________________________________________ only) in the following manner. i) 10% Amount of the total consideration being the token amount (not exceeding 10% of the total consideration) to be paid to the Promoter at the time of booking of the said Flat. ii) 20% Amount of the total consideration (not exceeding 30% of the total consideration) to be paid to the Promoter at the time of registration of this Agreement. iii) 15%Amount of the total consideration (not exceeding 45% of the total consideration) to be paid to the Promoter on completion of the Plinth of the building in which the said Apartment is located. iv) 12.5% Amount of the total consideration (not exceeding 70% of the total consideration) to be paid to the Promoter on completion of the 2NDslab including stilts of the building in which the said Apartment is located. v) 12.5% Amount of the total consideration (not exceeding 70% of the total consideration) to be paid to the Promoter on completion of the 5thslab of the building in which the said Apartment is located. Vi) 5% Amount of the total consideration amount (not exceeding 75% of the total consideration) to be paid to the Promoter on completion of the walls, internal plaster, floorings doors and windows of the said Apartment. vii) 5% Amount of the total consideration amount (not exceeding 80% of the total consideration to be paid to the Promoter on completion of the Sanitary fittings, staircases, lift, wells, lobbies up to the floor level of the said Apartment. viii) 5% Amount of the total consideration amount ( not exceeding 85% of the total consideration) to be paid to the Promoter on completion of the external plumbing and external plaster, elevation, terraces with waterproofing, of the building or wing in which the said Apartment is located.. ix) 10% Amount of the total consideration amount (not exceeding 95% of the total consideration) to be paid to the Promoter on completion of the lifts, water pumps, electrical fittings, electro, mechanical and environment requirements, 7 entrance lobby/s, plinth protection, 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. viii. Balance Amount i.e 5% Amount of the total consideration amount against and 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. (The Cheque /D.D/PAY ORDER OF THE CONSIDERATION AMOUNT HAS TO BE DRAWN OF THE FOLLOWING ACCOUNT):- MAITRI DEVELOPERS Current Account NO.-_______________________, IFSC CODE:- BANK NAME:- 1(c) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, 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 [Apartment]. 1(d) The Total Price is escalation-free, save and except escalations/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 effect along with the demand letter being issued to the Allottee, which shall only be applicable on subsequent payments. 1(e) The Promoter may allow, in its sole discretion, a rebate for early payments of equal installments payable by the Allottee by discounting such early payments @ 12 % per annum for the period by which the respective installment has been preponed. The provision for allowing rebate and such rate of rebate shall not be subject to any revision/withdrawal, once granted to an Allottee by the Promoter. 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 furnishing details of the changes, if any, in the carpet area, subject to a variation cap of three percent. The 8 total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to 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 outstanding, 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 Promoter 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 sanctioning the said plans or thereafter and shall, before handing over possession of the Apartment to the Allottee, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Apartment. 2.2 Time is essence for the Promoter as well as the Allottee. The Promoter shall abide by the time schedule for completing the project and handing over the [Apartment] to the Allottee and the common areas to the association of the allottees after receiving the occupancy certificate or the completion 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 simultaneous completion of construction by the Promoter as provided in clause 1. (b) herein above. (“Payment Plan”). 3) The Promoter hereby declares that the Floor Space Index, available as on date in respect of the project land is 2167.41 Sq. Mrs. only and Promoter has Purchased 125 Sq. Mtrs. TDR and which are applicable to the said Project. The Promoter has disclosed the Floor Space Index of 2725.89 Sq. Mtrs as utilized by him on the project land in the said Project and Allottee has agreed to purchase the 9 said Apartment based on the proposed construction and sale of apartments to be carried out by the Promoter by utilizing the FSI and on the understanding that the declared 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] to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from the project, interest 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 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 to the Promoter. 4.2) Without prejudice to the right of promoter to charge interest in terms of sub clause 4.1above, on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoter under this Agreement (including his/her proportionate share of taxes levied by concerned local authority and other outgoings) and on the allottee committing three defaults of payment of installments, the Promoter shall at his own option, may terminate this Agreement: Provided that, Promoter shall give notice of fifteen days in writing to the Allottee, by Registered Post AD at the address provided by the allottee and mail at the e-mail address provided by the Allottee, of his intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Allottee fails to rectify the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, promoter shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Allottee (subject to adjustment and recovery of any agreed liquidated damages or any other amount which may be payable to Promoter) within a period of thirty days of the termination, the installments of sale consideration of the Apartment which may till then have been paid by the Allottee to the Promoter. 10 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities like lift with particular Details to be provided by the Promoter in the said building and the Apartment as are set out in ANNEXURE 'E', annexed hereto. 6. The Promoter shall give possession of the Apartment to the Allottee on or before. 31st December 2018. 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 mentioned in the clause 4.1 herein above from the date the Promoter received the sum 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 aforesaid date, if the completion of building in which the Apartment is to be situated is delayed on account of - i) Non availability of Steel, Cement and other building materials, water or electric –supply and labour. (ii) War, civil commotion or act of God; (ii) any notice, order, rule, notification of the Government and/or other public or Competent authority/court. 7.1) Procedure for taking possession- 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 15 days 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 indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee agree(s) to 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: 11 7.3) Failure of Allottee to take Possession of [Apartment/Plot]: 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 continue to be liable to pay maintenance charges, and any other charges may be levied by the Kulgaon Badlapur Municipal Council, or any other competent authority 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 Promoter 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 rectified 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. 8. The Allottee shall use the Apartment or any part thereof or permit the same to be used only for purpose of residence. He shall use the garage or parking space only for purpose of keeping or parking vehicle. 9.1 The Allottee along with other allottee(s) of Apartments in the building shall join in forming and registering the Proposed co.op. housing 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 proposed co. op. housing 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 Association, as may be required by the Registrar of Co-operative Societies or the Registrar of Companies, as the case may be, or any other Competent Authority. 12 9.2 The Promoter shall, within three months of registration of the Proposed co. op. housing Society or Association or Limited Company, as aforesaid, cause to be transferred 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. 9.3 The Promoter shall, within three months of registration of the Federation/apex body of the Societies or Limited Company, as aforesaid, cause to be transferred to the Federation/Apex body all the right, title and the interest of the Vendor/Lessor/Original Owner/Promoter and/or the owners in the project land on which the building with multiple wings or buildings are constructed. 9.4 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 Allottee 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 levies by the concerned local authority and/or Government water charges, insurance, 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 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 Rs. _________ 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/assignment of lease of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 13 10. The Allottee shall on or before delivery of possession of the said premises keep deposited with the Promoter, the following amounts:- (i) Rs. ______________/- for share money, application entrance fee of the Society or Limited Company/Federation/ Apex body. (ii) Rs. _______________for formation and registration of the Society or Limited Company/Federation/ Apex body. 11. The Allottee shall pay to the Promoter a sum of Rs. 10,000/-for meeting all legal costs, charges and expenses, including professional costs of the Advocate of the Promoter in connection with the Preparation and registration of the Said Agreement For Sale. 12. At the time of registration of Structural conveyance of the building or wings 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 Structural conveyance or lease or any document or instrument of transfer in respect of the structure of the said Building/wing of the building to be executed in favour of the Society or Limited Company. The Final Conveyance of land alogwith the Buildings standing thereon has to executed and registered within 03 Months after selling out all the Flats in the said building owned by the Promoter. 13. It is hereby agreed that the promoters shall be at liberty to amalgamate and/or combine one or more plots of land adjacent to the said land and get the plan of the proposed buildings to be constructed on the land so amalgamated / combined sanctioned from the planning authority and in such event form and get registered co-operative housing Society of all the Flats purchasers in the said buildings and the purchaser herein shall not, in any manner object the said right of the promoters. It is further agreed that in such event (purchasers of the adjacent land for the purpose of development) the promoter shall be at liberty and / or entitled to grant a right of way from or through the said land for approaching (or of the better approach) to the adjacent lands those would be acquired with a view to developing them and the purchaser herein shall not object the said right of the promoter in any manner. 14. The purchasers hereby declare and confirm that he/she have entered into this agreement, after reading and having understood the contents of all the aforesaid exemption order, building permissions, deeds, documents, writings and papers and all disclosures made by the promoter to the purchasers and with full knowledge and information thereof and subject to the terms, conditions and 14 concerned town planning authority and all other concerned Government bodies and authorities and also subject to the promoters right to make the necessary amendments, variations, modifications and / or changes therein and their right to avail, use, utilize, consume and exploit the entire balance and additional floor space index available on the said property as well as the transferable development rights as may be permissible by law and other benefits in F. S. I. on the said land. 15. The promoters have brought to the clear notice and knowledge of the purchaser that during the course of construction, the promoter may seek and obtain financial assistance and cash credit facilities from any Banks or Financial Institutions and the purchaser shall not raise any objection or obstruction to such creation of charge, mortgage and undertake such charge, mortgage shall be cleared by the promoters as per the rules and regulations of the said Bank and the promoter shall obtain necessary consent and no objection for sale and transfer under this present from such Bank or Financial Institutions so as to effectuate the legal and perfect transfer of the said premises in favour of the purchaser herein, and the promoter further declare that they shall all material times clear the said charge, mortgage of the said Bank and shall deduce clear and marketable title to the said premises and the said entire property. 16. It is expressly agreed that the promoter shall be entitled to put a hoarding and/or cable network station mobile phone set up or station on the said property or on the building to be constructed on the said property and the said hoardings may be illuminated or comprising of neon sign or such other type of mode as may be designed by the promoter and for the purpose promoter is fully authorized to allow temporary or permanent construction or erection in installation either on the exterior or the said building or on the property as the case may be and the purchaser agrees not to object or dispute the same. Necessary covenants, reservations in respect thereto shall be incorporated in the proposed conveyance. The Promoter or his nominees shall be exclusively entitled to the income that may be derived by display of such advertisement or installation of cable network station mobile phone station at any time hereafter. The purchaser shall not be entitled to any abatement in the price of the promoter, his agents, servants etc., to enter into the said property including the terraces and other open spaces in the building for the purpose of putting and / or preserving and / or maintaining and / 15 or installations etc. The Promoter shall be entitled to transfer or assign such right to any person or persons whom they deem fit and the purchaser shall not raise any objection thereto. 17. Notwithstanding any other provisions of this agreement the promoter has disclosed and brought to the knowledge of the purchaser that it shall be at the sole and absolute discretion of the promoter :- a) to form a separate/combined co-operative housing society or limited company or condominium of apartment or any other body or bodies of purchasers to be formed and constituted. b) to decide and determine how and in what manner the infrastructure including the common areas and amenity space, recreation garden, all other open spaces, layout or internal roads if any may be transferred and/or conveyed/ assigned/leased. c) to provide for and incorporate covenant and restriction and obligations with regard to the provisions of maintaining the infrastructure and common amenities including garden and roads as well as garden attached to the ground floor flats, if any. d) to decide from time to time to what extent the building/s along with land appurtenant to its transferred to the respective body formed. e) to decide from time to time when and what sort of document of transfer should be executed. f) to grant of right of access/way form and through the said property to the adjacent buildings and plots as well as the easement rights of the said property. g) to form a federation of all the cooperative housing societies to be formed in the said scheme of construction and to convey the said land and the building to a apex body. h) to execute the conveyance of the said property in parts, taking into consideration the divisions of property due to road and such conveyance and transfer of land will not be equivalent to the floor space index consumed in the construction of the building situated on the said land conveyed in favour of the societies. 16 And the purchaser has clearly understood the same and in confirmation thereof has granted his / her clear, express, unequivocal and irrevocable consent for the same and shall not raise any objection, claim hindrance and obstruction to the rights, options and discretion as reserved by the promoter herein. 18. The promoter has clearly brought to the notice and knowledge of the purchaser that there will be changes, modifications, further, expansions, amalgamation of the adjacent lands in the scheme of construction and its present and future course of the scheme of development on the said property and / or the adjacent property in manner herein recited and the purchaser has clearly understood the same and in confirmation thereof has granted his/her clear, express, unequivocal and Irrevocable consent for the same and shall not raise any objection, claim and hindrance and obstruction to the rights, options and discretion as reserved by the promoter herein. 19. 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 the requisite rights to carry out development upon the project land and also has actual, physical and legal possession of the project land for the implementation of the Project; ii. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the project; 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 authorities 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 competent 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 areas; 17 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/Plot] which will, in any manner, affect the rights of Allottee under this Agreement; viii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said [Apartment/Plot]to the Allottee in the manner contemplated in this Agreement; ix. At the time of execution of the conveyance deed of the structure to the association of allottees the Promoter shall handover lawful, vacant, 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 discharge 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 competent Authorities; xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoter in respect of the project land and/or the Project except those disclosed in the title report. 20. 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 building in which the Apartment is situated and the Apartment itself or any part thereof without the consent of the 18 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 building in which the Apartment is situated or storing of which goods is objected to by the concerned local or other authority and shall take care while carrying heavy packages which may damage or likely to damage the staircases, common passages or any other structure of the building in which the 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 account 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 Apartment and maintain the Apartment in the same condition, state and order in which it was delivered by the Promoter to the Allottee and shall not do or suffer to be done anything in or to the building in which the Apartment is situated or the Apartment which may be contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Allottee committing any act in contravention of the above provision, the Allottee 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 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 tenantable repair and condition, and in particular, so as to support shelter and protect the other parts of the building in which the Apartment is situated and shall not chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC, Pardis or other structural members in the Apartment without the prior written permission of the Promoter and/or the Society or the Limited Company. 19 v. Not to do or permit to be done any act or thing which may render 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 permit 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 situated. vii. Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building 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 authority 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 regulations 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 being of the concerned local authority and of Government and other public bodies. The Allottee shall also observe and perform all the stipulations and conditions laid down by the Society/Limited Company/Apex Body/Federation 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 out-goings in accordance with the terms of this Agreement. 20 xi. Till a conveyance of the structure of the building in which Apartment 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 Federation, 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. 21. The Promoter shall maintain a separate Bank account in respect of sums received by the Promoter from the Allottee as advance or deposit, sums received 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. 22. Nothing contained in this Agreement is intended to be nor shall be construed 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. 23. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE 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 [Apartment]. 24. BINDING EFFECT:- 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 21 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 (fifteen) days from the date of its receipt by the Allottee, application of the Allottee 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 or compensation whatsoever. 25. ENTIRE AGREEMENT:- 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. 26. RIGHT TO AMEND:- This Agreement may only be amended through written consent of the Parties. 27. PROVISIONS OF THIS AGREEMENT APPLICABLE TO ALLOTTEE. SUBSEQUENT ALLOTTEES:- It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Project shall equally be applicable to and enforceable against any subsequent Allottees of the [Apartment], in case of a transfer, as the said obligations go along with the [Apartment] for all intents and purposes. 28. SEVERABILITY If any provision of this Agreement shall be determined to be void or unenforceable under the Act or the Rules and Regulations made thereunder 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 thereunder or the applicable law, as the case may be, and the 22 remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 29. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT:- 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. 30. FURTHER ASSURANCES:- 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 reasonably 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. 31. PLACE OF EXECUTION:- The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the Promoter’s Office, or at some other place, which may be mutually agreed between the Promoter and the Allottee, in after the Agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at . 32. The Allottee and/or Promoter shall present this Agreement as well as the conveyance/assignment of lease 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. 33. That all notices to be served on the Allottee and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoter by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses & email ID specified below: Name of Allottee :- _______________________________________________________ (Allottee’s Address)_____________________________________________________. Notified Email ID:________________________________________________ 23 M/s Promoter name :MAITRI DEVELOPERS (Promoter Address) Office at:- G/7, Amber Plaza II, Ring Route, Katrap, Badlapur(East) Tal:-Ambernath, Dist:-Thane. Notified Email ID: - ambergroup17@gmail.com It shall be the duty of the Allottee and the promoter to inform each other of any change in address subsequent to the execution of this Agreement in the above address by Registered Post failing which all communications and letters posted at the above address shall be deemed to have been received by the promoter or the Allottee, as the case may be. 34. JOINT ALLOTTEES:- 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 properly served on all the Allottees. 35. Stamp Duty and Registration :-The charges towards stamp duty and Registration of this Agreement shall be borne by the allottee. 36. Dispute Resolution:-Any dispute between parties shall be settled amicably. In case of failure to settled the dispute amicably, which shall be referred to the Competent Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 37. GOVERNING LAW:- That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force and the civil courts will have the jurisdiction for this Agreement. IN WITNESS WHEREOF, Parties hereinabove named have set their respective hands and signed this Agreement for sale at Badlapur in the presence of attesting witness, signing as such on the day first above written. 24 SCHEDULE “A” VILLAGE Survey No/Hissa AREA AKAR NO. H-R-P Belavali, 51, area admeasuring about Tal:- Ambernath, Hissa No. 3(p), 2167.41 Sq. Meters, Dist:- Thane. IN WITNESS WHEREOF the parties have set and subscribed their respective hand and seal to this writing on the day and the year first hereinabove mentioned. Together with all easement rights etc. SIGNED AND DELIVERED BY THE WITHIN NAMED Promoter: M/S. MAITRI DEVELOPERS THROUGH ITS PARTNER ____________________________________________ ________________ SIGNED AND DELIVERED BY THE WITHIN NAMED Allottee: (including joint buyers) (1) __________________________________________________ _________________ (2) __________________________________________________ _________________ in the presence of WITNESSES: 1. Name Signature _______________ 2. Name Signature _________________ 25 Date: ____/_____/2017 RECEIPT Acknowledged to have received of and from the purchaser the sum of Rs. ___________________/- (Rs.___________________________________________________________________ _________________________________________________________ by Cheque as under :- Bank name Cheque No. Date Amount. being the sum against Flat No. ______, on _______________ Floor, in building named “AMBER ARCADE - ____ Wing, lying and situated at Village:-Belavali, Tal-Ambernath, Dist- Thane. For MAITRI DEVELOEPRS Partner 26 AMENITIES 1. R.C.C. Frame Structure with overhead water tank. 2. Brick masonry walls with internal sand face-plaster with Neeru finishing will be provided & Single Coat Plaster from outside. 3. Black Granite Platform in kitchen with stainless steel sink. 4. Vitrified Tiles flooring in all rooms 5. Aluminum Sliding window with powder Coating. . 6. Concealed Plumbing Work. 7. Concealed Electric Fitting. 8. Decorative Main Door with Modern Fittings. 9. Green Marble Window frames. 10. Distemper color in all rooms and P.O.P molding in hall. 11. Acrylic color on the outside walls of the Building. 27 SCHEDULE ‘A’ PLEASE INSERT DESCRIPTION OF THE [APARTMENT/PLOT] AND THE GARAGE/CLOSED PARKING (IF APPLICABLE) ALONG WITH BOUNDARIES IN ALL FOUR DIRECTIONS SCHEDULE ‘B’ FLOOR PLAN OF THE APARTMENT ANNEXURE – A Name of the Attorney at Law/Advocate, Address : Date : No. RE. : Title Report Details of the Title Report The Schedule Above Referred to (Description of property) Place: Dated ………..day of ............... 20......... (Signed ) Signature of Attorney-at-Law/Advocate ANNEXURE –B (Authenticated copies of Property Card or extract Village Forms VI or VII and XII or any other revenue record showing nature of the title of the Vendor/Lessor/Original Owner/Promoter to the project land). ANNEXURE –C-1 (Authenticated copies of the plans of the Layout as approved by the concerned Local Authority) ANNEXURE - C-2 (Authenticated copies of the plans of the Layout as proposed by the Promoter and according to which the construction of the buildings and open spaces are proposed to be provided for on the said project ) ANNEXURE -D (Authenticated copies of the plans and specifications of the Apartment agreed to be purchased by the Allottee as approved by the concerned local authority) ANNEXURE – E (Specification and amenities for the Apartment), ANNEXURE –F (Authenticated copy of the Registration Certificate of the Project granted by the Real Estate Regulatory Authority) 28