ALLOTMENT LETTER To, Shri/ Smt. ____________________ ____________________________ ____________________________ ____________________________ Subject: Allotment Letter of the Apartment/Parking Sir/Madam, As per your request, we hereby allot you Apartment No. .............. of carpet area admeasuring .................... sq. meters on ............ floor in the Building Wing ____ known as __________ in the complex known as ___________ being constructed on property bearing Survey No. _____, Hissa No. _________ lying, being and situated at village ____________, Taluka ________, District ________ for the consideration of Rs. ................... and and parking no. _______ for the consideration of Rs. ____________/-. The total aggregate consideration amount for the apartment including parking spaces is thus Rs.______/-. You are required to pay the total consideration in the following manner: i. 10% paid to the Promoters as advance payment or application fees at the time of execution of Agreement. ii. 20% to be paid to the Promoters after the execution of Agreement. iii. 15% to be paid to the Promoters on completion of the Plinth of the building or wing in which the said Apartment is located. iv. 25% to be paid to the Promoters on completion of the slabs including podiums and stilts of the building or wing in which the said Apartment is located. v. 5% to be paid to the Promoters on completion of the walls, internal plaster, floorings doors and windows of the said Apartment. vi. 5% to be paid to the Promoters on completion of the Sanitary fittings, staircases, lift, wells, lobbies upto the floor level of the said Apartment. vii. 5% to be paid to the Promoters 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. viii. 10% to be paid to the Promoters on completion of the lifts, water pumps, electrical fittings, electro, mechanical and environment requirements, 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. ix. 5% at the time of handing over of the possession of the Apartment on or after receipt of occupancy certificate or completion certificate. You are liable to pay a sum of Rs. _________________/- (Rupees __________________________________________________________ only ) to the Promoters towards:- (i) legal charges (ii) entrance fees and share capital (iii) Society Formation Charges (iv) Water connection charges (v) Transformer / MSEDCL Charges In addition to the above you are liable to pay the requisite amount and charges on account of service tax, value added tax and any other taxes and levies as may be imposed by the concerned government and semi-government authorities and the same shall be paid prior to taking the possession of the apartment. You are also liable to pay Rs. _________ per month being the provisional outgoings for municipal taxes, water bill, bore-well, common electric expenses if any (24 months contribution is to be paid at the time of possession) as well as requisite lift charges and proportionate expenses thereto and also the goods and services tax as imposed by the Government or Semi-Government authorities. You are also liable to pay the electric meter and deposit charges as well as proportionate share for transformer installation and its equipments and accessories thereto. You are also liable to pay the requisite stamp duty and registration charges. This is to bring to your kind attention that the construction work of the building in which you have agreed to book the apartment is completed up to ____% and the building will be completed on ______ and the possession of the apartments will be handed over to you on grant of building completion certificate/occupation certificate by the Municipal Authority. This is to further inform that necessary changes, modifications and alterations will be carried out in the said building by obtaining revised sanctions and approvals. It is to further inform you that this offer of allotment is valid only till _____ and on payment of 10% of the total cost of the flat premises the said booking will stand confirm. Hence this provisional Allotment letter. Thanking You, For Wadhwa Buildcon LLP Authorised Signatory I HAVE GONE THROUGH THE TERMS AND CONDITIONS AND I HAVE AGREED TO BOOK THE APARTMENT ON THE AFORESAID TERMS AND CONDITIONS. _________________ ALLOTTEE/S Ward No. : Village : Netivali Apartment area : ______ sq. meters (carpet) Mkt. Value : Rs. ____________ Actual Value : Rs. ____________ Stamp Value : Rs. ____________ AGREEMENT FOR SALE This Agreement for Sale is made at Kalyan on this ___ day of __________ 2017 BETWEEN WADHWA BUILDCON L.L.P., a limited liability partnership incorporated under the provisions of Limited Liability Partnership Act, bearing LLPIN AAC- 9756, having its registered office at. 104, 1st Floor, Wadhwa Meadows, Opp. B Ward office, Khadakpada, Kalyan, Dist. Thane, hereinafter called and referred as “Promoter” (which expression shall unless it be repugnant to the context or meaning thereof mean and include its successors and assigns, the survivors of them/their/his/her heirs, executors, and administrators ) being the Party of the First Part AND 1. SHRI SURJIT B. AILSINGHANI, (PAN no. ADTPA1515C ) Age. 48 Years, Occ. Business, R/at, Baba Arcade, Plot no. 711/712, Sector 11, Vashi, Navi Mumbai, & 2. SHRI JAGDISH I. NIHALANI, (PAN No. AAIPN9814F), Age. 41 Years, Occ. Business, having business at 225/226, Commodity Exchange, APMC, Sector-19, Vashi, Navi Mumbai hereinafter called and referred as “Co- Promoter” (which expression shall unless it be repugnant to the context or meaning thereof mean and include their respective heirs, executors, and administrators ) being the Party of the Second Part AND _______________________________________________________________ _______________________________________________________________ aged about _______ years, occupation ____________residing at ______ _______________________________________________________________ _______________________________________________________________ ___ hereinafter called and referred to as the Allottee/s (which expression shall unless it be repugnant to the context or meaning thereof mean and include his / her / their heirs, executors, administrators and assigns) being the Party of the Third Part. WHEREAS by and under a Deed of Conveyance dated 7th September 1964, registered in the office of Sub-Registrar of Assurances, Kalyan at serial no. 560/1975 on 08/04/1975 Shri Shankar Gangaram Perane and others had sold and conveyed the Survey No. 8, Hissa No. 5, admeasuring 0H13R-4P, equivalent to 1340 square meters of Village Netivali, Taluka Kalyan, District Thane unto M/s Suchak Paper & Board Mills on the terms conditions and consideration mentioned therein. ANDWHEREAS by and under a Deed of Conveyance, registered in the office of Sub-Registrar of Assurances, Kalyan at serial no. 398/62, Shri Sadashiv Chintaman Patwardhan and others had sold, transferred and conveyed Survey No. 8, Hissa No. 1, admeasuring 0H-98R-5P, equivalent to 9850 square meters & Survey no. 7, Hissa no. 2, adm. 0H- 40 R- 0P, equivalent to 4000 Sq. Mtrs. of Village Netivali, Taluka Kalyan, District Thane unto M/s Suchak Paper & Board Mills on the terms conditions and consideration mentioned therein. ANDWHEREAS Survey No. 8, Hissa No. 5, admeasuring 0H13R-4P, equivalent to 1340 square meters Survey No. 8, Hissa No. 1, admeasuring 0H-98R-5P, equivalent to 9850 square meters & Survey no. 7, Hissa no. 2, adm. 0H- 40 R- 0P, equivalent to 4000 Sq. Mtrs. are contiguous part of land and the same bears CTS no. 98, adm. 9525.10 Sq. Mtrs., CTS no. 133, adm. 5220.00 Sq. Mtrs. & CTS no. 134, adm. 372.20 Sq. Mtrs. (hereinafter for the sake of brevity called and referred to as the "entire property") ANDWHEREAS the Dy. Collector and competent Authority, Ulhasnagar Urban Agglomeration, Thane vide his order dated 02/05/2005, U/s 8(4) of the ULC Act and thereby declared area adm. 1500 Sq. Mtrs as retainable and area adm. 5994.25 Sq. mtrs. as surplus. ANDWHEREAS the Dy. Collector and competent Authority, Ulhasnagar Urban Agglomeration, Thane vide his order dated 07/10/2005, was pleased to grant exemption order U/s 20 of the ULC Act on the terms & conditions mentioned therein. ANDWHEREAS by and under Conveyance Deed dated 28th December 2006, registered in the office of Sub-Registrar of Assurances, Kalyan -2 at serial no. 8690, M/s Suchak Paper and Board Mills had assigned unto Shri Surjit B. Ailsinghani and Shri Jagdish I. Nihalani, all their rights to develop the said property on the terms conditions and consideration mentioned therein, subject to compliance of scheme sanctioned under section 20 of the ULC Act. ANDWHEREAS though the aforesaid document is styled as Conveyance Deed infact, the so called vendor/ Holder, i.e. M/s Suchak Paper and Board Mills did not have any right with respect to said property other than rights to develop the same as per the provisions of section 20 of the ULC Act. Therefore in substance the said document can be read and understood as a document whereby the holder of the property has assigned the development rights to the so called purchasers, i.e. Shri Surjit B. Ailsinghani and Shri Jagdish I. Nihalani, who are bound to develop the said property as per the scheme as representative of the holder of the said property. ANDWHEREAS Shri Surjit B. Ailsinghani and Shri Jagdish I. Nihalani are entitled to develop the said property themselves or further assign the rights to develop the said property. ANDWHEREAS by and under Agreement for sale dated 7th April 2015, registered in the office of Sub-Registrar of Assurances, Kalyan-5 at serial no. 2434 Shri Surjit B. Ailsinghani have agreed to transfer his 40% share unto Shri Jagdish I. Nihalani on the terms, conditions and consideration mentioned therein. ANDWHEREAS by and under Development Agreement dated 13th April 2015, registered in the office of Sub-Registrar of Assurances, Kalyan -5 at serial no. 2663, on even date Shri Surjit B. Ailsinghani and Shri Jagdish I. Nihalani have assigned development rights in respect of the said property unto Wadhwa Buildcon LLP, on the terms conditions and consideration mentioned therein. ANDWHEREAS in pursuant to the aforesaid Development Agreement dated 13/04/2015, Shri Surjit B. Ailsinghani and Shri Jagdish I. Nihalani have executed a Power of Attorney dated 13/04/2015, in favour of Partners of Wadhwa Buildcon LLP to do all acts, deeds and things set out therein. The said Power of attorney is duly registered in the office of Sub-Registrar of Assurances, Kalyan-5 at serial no. 2664. AND WHEREAS out of the entire property, an area adm. 1198.86 sq. mts is affected under the DP Road set back area. AND WHEREAS after deducting road set back area out of the said entire property, an area adm. 211.60 sq.mts is to be handed over to Kalyan Dombivli Municipal Corporation for conversion of I-2 Zone into R Zone, the Kalyan Dombivli Municipal Corporation has granted Building permission dated 12/06/2017, for carrying out construction of buildings, hereinafter mentioned, on the land admeasuring 13598.44 sq. meters, as mentioned in the sanctioned plan, hereinafter mentioned, by utilizing and consuming Floor Space Index (FSI) admeasuring 13885.90 sq. meters and hereinafter for the sake of brevity called and referred to as the “said property” and more particularly described in the Second Schedule hereunder written and upon completion of the said building/s by using, utilizing and consuming the maximum potentially of the Floor Space Index, Transferable Development Rights, Staircase Floor Space Index, FSI for Buildable accommodation to Kalyan Dombivli Municipal Corporation and other permitted increases thereon as may be sanctioned by the Kalyan Dombivli Municipal Corporation from time to time and on formation & registration of the Co-operative Housing society and / or any corporate body as the case may be, the Promoters will convey and /or cause to convey the said property along with the building and structure standing thereon in part or whole to the Co-operative Housing society and / or any corporate body as the case may be. AND WHEREAS the Promoters have given the clear inspection of the sanctioned plans to the Allottee/s as well construction of certain amenity area as well as recreation spaces and has represented and brought to the notice of the Allottee/s and the Allottee/s is/are fully aware and having the correct knowledge that the scheme of construction undertaken by the Promoters on the said property described in the Second Schedule hereunder written consists of following buildings viz. i) Type A – Lower Ground, Ground Floor, First Floor & Second Floor (Commercial) ii)Type B - Stilt plus 3 upper floor (Residential) iii)Type C, C1, C2 - Stilt plus 7 upper floor (Residential) iv) Building- Lower Ground, Ground plus Two upper floors (For KDMC purpose) AND WHEREAS while sanctioning the said plans the concerned local authority has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoters while developing the said property and the building to be constructed thereon upon the due observance and performance of the terms and conditions, the completion and/or occupation certificate in respect of the building shall be granted by the concerned local authority. AND WHEREAS the Promoters have appointed Architect SHRI ANIL R. NIRGUDE registered with the Council of Architects for preparation of the structural design and drawing & RCC design by ________________ (RCC Consultant) of the building and the Promoters accepts the professional supervision of the Architect and the structural engineers. AND WHEREAS the Promoters have got approved from the concerned local authority the plans, specifications, elevation and details of the Said Building (hereinafter referred to as "the said plans"). AND WHEREAS the promoters intends to get the commence the construction in Phase Wise Manner and in Phase I will commence the construction of Building Type A consisting of Ground + 2 Upper Floors. (Phase I) (Commercial) and after getting the plans revised from the Competent Authority by following the due procedure in respect of Building Type B & C shall commence and complete the construction in Phase II & Phase III respectively as mentioned hereunder: i. Building Type B consisting of 2 wings each wing comprising of Lower Ground, Ground + 30 Upper Floors. (Phase II) (Residential) ii. Building Type C consisting of 3 wings each Comprising of Stilt + 15 Upper Floors. (Phase III) (residential) iii. Club House iv. Building- Lower Ground, Ground plus Two upper floors (For KDMC purpose) AND WHEREAS the Promoters intend to complete the said Project in phase wise manner a separate co-operative housing society of buildings viz., Building Type A, Building Type B, Building Type C, will be formed and the structure of the respective Buildings will be conveyed to such co- operative housing society and further the transformer, electrical equipments, its accessories and store etc. developed by the Promoters herein and all the Allottees of all the buildings shall have the right in common to use, utilize and maintain such transformer, electrical equipments, its accessories and store as and when the need arises and the above contents shall always form an integral part of further writings, deeds and documents including the final deed of conveyance in favour of the Apex Body / Association of Allottees as the case may be. AND WHEREAS the Promoters have provided to the Allotee/s the copy of order, sanctioned plans, permissions, approvals, documents of title and have clearly brought to the knowledge of the Allottee/s and the Allottee/s is/ are fully aware of the covenants, common rights as appearing on the sanctioned plans and after being fully satisfied about the same has granted his / her express and irrevocable consent for the same. AND WHEREAS the Allottee has seen the site of the buildings and the work of construction of the said buildings being in progress and is satisfied with the quality of the work and has approved the same. The Allottee/s is/ are also aware an area of 1198.86 sq. meters is affected by DP road set back. The Allottee/s is/ are also aware that constructed area admeasuring ____________ sq. meters on area adm. ____________ Sq. Mtrs. and the said area will be handed over to Kalyan Dombivli Municipal Corporation being the _________________________and will be handed over to Kalyan Dombivali Municipal Corporation and the land to be conveyed in favour of the cooperative housing society of buildings will not be equivalent and in proportion to the floor space index used, utilised and consumed in the construction of buildings on the said plot of land and the Allottee herein grant his / her express and irrevocable consent for such transfer of land and construction thereon. AND WHEREAS by virtue of the Development Agreement & other deeds the Promoters has sole and exclusive right to sell the Apartments in the said building/s to be constructed by the Promoters on the said property and to enter into Agreement/s with the allottee/s of the Apartments to receive the sale consideration in respect thereof; AND WHEREAS on demand from the allottee/s, the Promoters have given inspection to the Allottee/s of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Promoters's Architect 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 there under; AND WHEREAS the authenticated copies of Certificate of Title issued by the attorney at law or advocate of the Promoters, authenticated copies of Village Forms VI and XII or any other relevant revenue record showing the nature of the title of the Promoters to the Said property on which the Apartments are 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 Promoters 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/s, as sanctioned and approved by the local authority have been annexed hereto and marked as Annexure D. AND WHEREAS the Promoters undertake to register/registered the project under the provisions of the Act with the Real Estate Regulatory Authority. The registration no. of the Project is _______ annexed at Annexure F. AND WHEREAS the Promoters have got some of the 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 authorities from time to time, so as to obtain Building Completion Certificate or Occupancy Certificate of the said Buildings. AND WHEREAS while sanctioning the said plans concerned local authority and/or Government has laid down certain terms, conditions, stipulations and restrictions which are to be observed and performed by the Promoters while developing the project land and the said buildings 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 Allottee/s has/have applied and offered to the Promoters & Co-promoter for allotment of an Apartment No. ......... on ........floor in the Building Type __________ in building known as ________________________ being constructed in said Complex known as “WADHWA REGALIA”. AND WHEREAS the Promoters & Co-promoter have accepted the offer of the Allottee/s and agreed to allot an Apartment bearing number _____ on the ____ floor, (herein after referred to as the said “Apartment”) in the Building type ______ known as _____________________ (herein after referred to as the said “Building”) being constructed in the said project, by the Promoters. 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/s or verandah area and exclusive open terrace area appurtenant to the said Apartment for exclusive use of the Allottee/s, 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/s has/have paid to the Promoters & Co-promoter a sum of Rs..................... (Rupees ...................) only, being part payment of the sale consideration of the Apartment agreed to be sold by the Promoters to the Allottee/s as advance payment or Application Fee (the payment and receipt whereof the Promoters do hereby admit and acknowledge) and the Allottee/s has/have agreed to pay to the Promoters & Co-promoter the balance of the sale consideration in the manner hereinafter appearing. AND WHEREAS, under section 13 of the said Act the Promoters & Co- promoter are 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 Promoters hereby agrees to sell and the Allottee/s hereby agree/s to purchase the said Apartment and/or the garage/covered parking (if applicable) at or for the consideration and on ownership basis in the manner appearing hereinafter. NOW THIS PRESENTS WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:- 1. The Promoters shall construct Building Type A consisting of Ground + 2 Upper Floors. (Phase I) (Commercial) on the area adm. 2509.72 Sq. Mtrs. out of the entire property by utilizing the FSI adm. ___ Sq. Mtrs. and by getting the plans revised the promoters shall construct and complete ii. Building Type B consisting of 2 wings each wing comprising of Lower Ground, Ground + 30 Upper Floors (Residential) along with Club House in Phase II and of Building Type C consisting of 3 wings each Comprising of Stilt + 15 Upper Floors (residential) in Phase III, & Building- Lower Ground, Ground plus Two upper floors (For KDMC purpose) on the said property in accordance with the plans, designs and specifications as approved by the Kalyan Dombivli Municipal Corporation from time to time with only such variations and modifications as the Corporation may deem fit and the Allottee/s hereby consent to the same. The Allottee/s herein is/ are fully aware and having the full and absolute knowledge of the scheme of construction, the Number of buildings, recreational facilities and amenity area and the Allottee/s herein along with the other Allottees will not raise any objection, hindrance or obstruction at the time of formation of society/condominium of apartments its conveyance, demarcation, grant of right of way, easementary rights and other benefits attached to the said different portions of land as described hereinabove. 1.1 The Promoters have brought to the knowledge of the Allottee/s herein and the Allottee/s is/are aware that the Promoters during the course of construction and completion of the entire scheme of construction will acquire additional F.S.I., T.D.R., staircase F.S.I., FSI of Land going under road widening, FSI for Buildable Accommodation and/or any other incentives and increase in F.S.I. , premium F.S.I. as per the rules and regulations of the Municipal Corporation on the above recited buildings and will further avail, use and consume additional floor space index thereby constructing additional floors, apartments and units in the said scheme of construction and will get the plans, amended, revised, modified as the Promoters may deem fit and proper and the Allottee/s has/have accorded his / her express and irrevocable consent for the same. 2. The Allottee/s has/have prior to the execution of this agreement satisfied himself/herself/themselves with the title of the said property including the Agreements and other documents referred to hereinabove and the Allottee/s hereby agrees & confirms that he/she/they shall not be entitled to further investigate the title of the Promoters' right of development of the said property and no requisition or objection shall be raised by the Allottee on any matter relating thereto or howsoever in connection therewith. 3. While sanctioning the said plans, concerned local authority has laid down certain terms, conditions stipulations and restrictions which are to be observed and performed by the Promoters while developing the said property and the said buildings and upon due observance and performance of which only the completion and Occupation Certificates in respect of the said buildings shall be granted by the concerned local authority. 4. 1.a (i) The Allottee/s hereby agree/s to purchase from the Promoters and the Promoters & Co-promoter hereby agrees to sell to the Allottee/s Apartment No. .............. of carpet area admeasuring .................... sq. meters on ............ floor in the building type __________ (hereinafter referred to as "the Apartment") as shown in the Floor plan thereof hereto annexed and marked as Annexure(s) C-1 and C-2 for the consideration of Rs. ................... including Rs. ................... being the proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the common areas and facilities which are more particularly described in the Third Schedule annexed herewith. (ii) The Allottee/s hereby agree/s to purchase from the Promoters & Co- promoter and the Promoters & Co-promoter hereby agrees to sell to the Allottee/s covered parking spaces bearing Nos. ____ situated at _______ stilt being constructed in the layout for the consideration of Rs. ____________/-. However, the Allottee/ of such Parking shall not enclose or cover the same without the written permission of the Promoters and/or the society or such body formed, as the case may be and Municipal Corporation and other concern authorities. 1(b) The total aggregate consideration amount for the apartment including garages/covered parking spaces is thus Rs.______/- 1(c) 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 Promoters & Co- promoter the balance amount of Rs ............................( Rupees ......................................) in the following manner :- i. Amount of Rs......../-(........) (not exceeding 30% of the total consideration) to be paid to the Promoters after the execution of Agreement ii. Amount of Rs......./-(..........) (not exceeding 45% of the total consideration) to be paid to the Promoters on completion of the Plinth of the building in which the said Apartment is located.) iii. Amount of Rs....../-(...........) (not exceeding 70% of the total consideration) to be paid to the Promoters on completion of the slabs including podiums and stilts of the building or wing in which the said Apartment is located. iv. Amount of Rs......./-(.............) (not exceeding 75% of the total consideration) to be paid to the Promoters on completion of the walls, internal plaster, floorings doors and windows of the said Apartment. v. Amount of Rs........./- (...........) (not exceeding 80% of the total consideration) to be paid to the Promoters on completion of the Sanitary fittings, staircases, lift, wells, lobbies upto the floor level of the said Apartment. vi. Amount of Rs....../-(.....) ( not exceeding 85% of the total consideration) to be paid to the Promoters 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. vii. Amount of Rs......./-(...........) (not exceeding 95% of the total consideration) to be paid to the Promoters on completion of the lifts, water pumps, electrical fittings, electro, mechanical and environment requirements, 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 of Rs...../-(............) 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. 1(d) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoters 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 Promoters) up to the date of handing over the possession of the Apartment. The transaction covered by this contract at present attracts Sale Tax, Service Tax, Value Added Tax. If however, by reason of any amendment to the constitution or enactment or amendment of any other laws, central or state, this transaction is held to be liable for tax as a sale, service or value added tax or GST or otherwise either as a whole or in part, in connection with this transaction are liable to be tax, or Service Tax, Value added tax or GST as the case may be is liable for such transaction the same shall be payable by the Allottee along with the other Allottees of the building on demand at any time. It is hereby agreed by the Allottee/s that in case TDS is required to be deducted as per the provisions of the Income Tax Act or any law that may be made applicable in substitution of the Income Tax Act from the payment to be made to the Promoters, the Allottee /s shall handover TDS certificate to the Promoters within 3 months from the date of such deduction. In the event of the failure to submit the TDS certificate, the Promoters shall be entitled to recover the amount so deducted as TDS. 1(e) 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 Promoters 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 Promoters 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(f) The Promoters & Co-promoter may allow, in its sole discretion, a rebate for early payments of equal installments payable by the Allottee by discounting such early payments @ ____ % 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 Promoters. 1(g) The Promoters 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 gap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoters. If there is any reduction in the carpet area within the defined limit then Promoters & Co- 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 Promoters & Co- 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(h) The Allottee authorizes the Promoters & Co-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 Promoters may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Promoters to adjust his payments in any manner. 1(i) It is made clear to the Allottee that all the payment to be made shall be made in the name of _____________________________. 2.1 The Promoters 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 Promoters as well as the Allottee. The Promoters 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 installments and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoters as provided in clause 1 (c) herein above. (“Payment Plan”). 3. The Promoter & Co-promoter hereby declares that the Floor Space Index available as on date in respect of the said property is 13885.90 square meters only and Promoters has planned to utilize Floor Space Index of 37395.71 Sq. Mtrs. including, by 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 & Co-promoter have 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 Promoters & Co-promoter fails to abide by the time schedule for completing the project and handing over the Apartment to the Allottee, the Promoters & Co-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 Promoters & Co-promoter, interest as specified in the Rule, on all the delayed payment which become due and payable by the Allottee to the Promoters under the terms of this Agreement from the date the said amount is payable by the Allottee(s) to the Promoters. (Explanation: Rate of interest payable by promoter to allottees or by allottees to the promoters shall be State Bank of India highest Marginal Cost of Lending Rate plus 2 percent. In case State Bank of India highest Marginal Cost of Lending Rate is not in use, it would be replaced by such benchmark lending rates which SBI may fix from time to time for lending to general public.) 4.2 Without prejudice to the right of Promoters & Co-promoter to charge interest in terms of sub clause 4.1 above, on the Allottee committing default in payment on due date of any amount due and payable by the Allottee to the Promoters & Co-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 Promoters & Co-promoter shall at their own option, may terminate this Agreement. Provided that, Promoters &/or Co-promoter shall give notice of fifteen days in writing to the Allottee, by Registered Post AD at the address provided by the Allottee and / or mail at the e-mail address provided by the Allottee, of their 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 Promoters &/ or Co-promoter within the period of notice then at the end of such notice period, Promoters shall be entitled to terminate this Agreement. Provided further that upon termination of this Agreement as aforesaid, the Promoters & Co-promoter shall, after deducting an amount equal to ___% of the total consideration payable hereunder as liquidated damages, refund to the Allottee the balance of the sale price which the Allottee may have till then paid to the Promoters & Co-promoter without any interest on the amount so refundable within a period of thirty days of the termination, the installments of sale consideration of the said Apartment which may till then have been paid by the Allottee to the Promoters & Co-promoter. And upon termination of this Agreement, pending refund of the amount as aforesaid, the Promoters & Co- promoter shall be at liberty to dispose off and to sell the said Apartment to such person or persons at such price and on such conditions as the Promoters & Co- promoter may desire and think fit in their absolute discretion and the Allottee shall have no objection for the same. 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities to be provided by the Promoters in the said building and the Apartment as are set out in Annexure E, annexed hereto. 6. The Promoters shall give possession of the Apartment to the Allottee on or before................. day of ..............20___ from the date of this Agreement excluding however any time consumed / delays caused by the concerned statutory authorities in issuing Completion Certificate / Occupancy Certificate, which is beyond the Control of the Promoters. If the Promoters 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 Promoters 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 Promoters received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoters 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) war, civil commotion or act of God ; (ii) Non-availability of Cement, Steel, Sand, other building materials, Water or Electricity supply and Labour; (iii) any notice, order, rule, notification of the Government and/or other public or competent authority/court. 7. 7.1 Procedure for taking possession - The Promoters, 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 (Fifteen days from the date of issue of such notice) and the Promoters shall give possession of the Apartment to the Allottee. The Promoters agrees and undertakes to indemnify the Allottee in case of failure of fulfillment of any of the provisions, formalities, documentation on part of the Promoters. The Allottee agree/s to pay the maintenance charges as determined by the Promoters or association of Allottee/s, as the case may be. The Promoters on its behalf shall offer the possession to the Allottee/s in writing within 7 days of receiving the occupancy certificate of the Project. 7.2 The Allottee/s shall take possession of the Apartment within 15 days of the written notice from the Promoters to the Allottee/s intimating that the said Apartment is ready for use and occupancy. 7.3 Failure of Allottee to take Possession of Apartment: Upon receiving a written intimation from the Promoters as per clause 7.1, the Allottee shall take possession of the Apartment from the Promoters by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoters 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 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 Promoters 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 Promoters at its own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoters, compensation for such defect in the manner as provided under the Act. Provided after receiving of the Apartments from the Promoters, any damage due to wear and tear of whatsoever nature caused thereto, the Promoters shall not be responsible for the cost of re-instating and repairing such damages caused by the Allottees and the Allottees alone shall be liable to rectify and re-instate the same at his own costs. Provided further however, that the Allottees shall not carry out any alterations of the whatsoever nature in the said apartments and specific the structure of the said unit/wing/phase of the said building which shall include but not limit to column, beams etc., or in the fitting, therein, in particular it is hereby agreed that the Allottee shall not make any alteration in any of the fittings, pipes, water supply connections or any creation or alterations in the bathroom, toilet and kitchen which may result in seepage of the water. If any such works are carried out without the written consent of the Promoter the defect liability automatically shall become void. 8. The Allottee shall use the Said 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. The Allottee agrees not to change the user of the said Apartment without prior consent in writing of the Promoters and any unauthorised change of user by the Allottee shall render this Agreement voidable at the option of the Promoters and the Allottee in that event shall not be entitled to any right arising out of this Agreement. 9. The Allottee along with other Allottee(s) of Apartments in the building shall join in forming and registering the Society or Association to be known by such name as the Promoters 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 and for becoming a member, including the byelaws of the proposed Society and duly fill in, sign and return to the Promoters within seven days of the same being forwarded by the Promoters to the Allottee, so as to enable the Promoters 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, as the case may be, or any other Competent Authority. 9.1 The Promoters & Co-promoter shall, within three months of registration of the Society or Association, as aforesaid, cause to be transferred to the society all the right, title and the interest of the Promoters in the said structure of the Building in which the said Apartment is situated. 9.2 The Promoters & Co-promoter shall, within three months of registration of the last Society, as aforesaid, cause to be transferred to the joint ownership of all the Societies of the said property, all the right, title and the interest of the said First Owner and/or the Promoters in the said property on which the buildings are constructed. 9.3. Within 15 days after notice in writing is given by the Promoters 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 said property 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 said property and building/s. Until the Society is formed and the said structure of the building/s or wings is transferred to it, the Allottee shall pay to the Promoters 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 Promoters provisional monthly contribution of Rs. ......... per month towards the outgoings. The amounts so paid by the Allottee to the Promoters shall not carry any interest and remain with the Promoters until a conveyance of the structure of the building is executed in favour of the society as aforesaid. On such conveyance 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 Promoters to the Society, as the case may be. 10. The Allottee shall on or before delivery of possession of the said Apartment pay a sum of Rs. _________________/- (Rupees __________________________________________________________ only ) to the promoters towards:- (i) share money, application entrance fee of the Society or Federation/ Apex body. (ii) proportionate share of taxes and other charges/levies in respect of the Society /Federation/Apex body (iii) provisional monthly contribution towards outgoings of Society or Federation/ Apex body, if any. (iv) Water connection charges (v) Transformer / MSEDCL Charges & (vi) Society Formation Charges 11. The Allottee shall pay to the Promoters requisite charges for meeting all legal costs, charges and expenses, including professional costs of the Attorney-at- Law/Advocates of the Promoters in connection with formation of the said Society, or Apex Body or Federation and for preparing its rules, regulations and bye-laws and the cost of preparing and engrossing the conveyance. 12. At the time of registration of conveyance of the structure of the building, the Allottee shall pay to the Promoters, the Allottees' share of stamp duty and registration charges payable, by the said Society on such conveyance or lease or any document or instrument of transfer in respect of the structure of the said Building. At the time of registration of conveyance of the said property, the Allottee shall pay to the Promoters, the Allottees' share of stamp duty and registration charges payable, by the said Apex Body or Federation 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 Apex Body or Federation. 13. REPRESENTATIONS AND WARRANTIES OF THE PROMOTERS: The Promoters hereby represents and warrants to the Allottee as follows: (a) i. The Promoters has clear and marketable title with respect to the said property; 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 Promoters 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 said property or the Project; iv. There are no litigations pending before any Court of law with respect to the said property; v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, said property and said buildings 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, said property and said buildings shall be obtained by following due process of law and the Promoters has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, said property, Buildings and common areas; vi. The Promoters 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 Promoters 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; viii. The Promoters confirms that the Promoters 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 structure to the association of Allottees the Promoters shall handover lawful, vacant, peaceful, physical possession of the common areas of the Structure to the Association of the Allottees; x. The Promoters 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 Promoters in respect of the project land and/or the Project except those disclosed in the title report. (b) The Promoters have informed to the Allottee and the Allottee is aware that as per the Scheme of Construction envisaged by the Promoters: a) The Promoters intend to and are developing the said property to be known as “WADHWA REGALIA”; b) The Promoters are entitled to construct in Phase wise manner i. Building Type A consisting of Ground + 2 Upper Floors. (Phase I) (Commercial), ii. Building Type B consisting of ___ wings each wing comprising of Lower Ground, Ground + 30 Upper Floors. (Phase II) (Residential), iii. Building Type C consisting of 3 wings each Comprising of Stilt + 15 Upper Floors. (Phase III) (residential) & iv. Club House & v. Building- Lower Ground, Ground plus Two upper floors (For KDMC purpose) on the said property as per the plans sanctioned in respect of the said property. Moreover, as per provisions of the D. C. Regulations, the Promoters intend to acquire either TDR, staircase FSI, FSI of Land going under road widening, additional TDR in the form of FSI &/or additional FSI from planning authority/ local authority by paying premium to the Corporation/Competent Authority and consume and utilise the same on the said buildings. c) the Promoters shall be at liberty and be entitled to amend the lay-out plan of the said property as may be required by the Promoters at their sole discretion. d) the Floor Space Index, by whatever name or form is increased (a) in respect of the said Property and/or additional construction (i.e. more than what is envisaged at present) is possible on the said Property or (b) either on account of Transfer of Development Rights &/or additional FSI by paying premium to the Corporation/Competent Authority (or in any other similar manner) available for being utilised or otherwise and/or if the Sanctioning Authorities permit the construction of additional wing/s or floors, then in such event, the Promoters shall be entitled to construct such additional wings/floors as per the revised building/s plans. The Allottee expressly consents to the same as long as the total area of the said Apartment is not reduced and the structure of the building is not changed. e) The Promoters are negotiating to purchase and/or acquire development rights in respect of the adjoining properties. The Promoters shall at their option be entitled to amalgamate the said adjoining properties and/or grant the right of way to such adjoining land owners or their assignees; f) the Promoters are having a scheme of Construction to be implemented on the said property. The commencement of construction, completion/possession etc of the buildings to be constructed on the said property will be spread over more than _____years. The Allottee declares and confirms that he is aware that the building in which the said Apartment is located is an inter connected building/ premises to be developed by the Promoters have nothing to do with the ground area below the building and the FSI utilized in the building in which the said Apartment is located and the ground area is not in proportion to each other and the Allottee shall not be allowed to claim any further or other right to the area other than the said Apartment. The Promoters have reserved unto themselves right to consume total FSI available and also further FSI if any that may be granted or available by reason of any increase in FSI and/or any change in the DCR from time to time till the conveyance is executed in favour of the all societies of the project. The Allottee expressly consents to the same as long as the total area of the said Apartment is not reduced and the structure of the building is not changed. g) The Promoters proposes to utilise any additional FSI that may be available to them either by way of Transfer of Development Right (TDR) or increase in F.S.I. or premium F.S.I due to changes in Development Rules or under any Law by constructing additional premises on the ground floor or additional floors on the building/s constructed by them or by constructing more separate building/s on the said property. The Promoters proposes to use/consume the aforesaid additional F.S.I. till the registration of the Society or any form of organization and execution of Conveyance in its favour; h) The Promoters shall have the right to designate and allocate any space in the Property to third party service providers for the purpose of facilitating the provision and proper maintenance of utility services (including without limitation, electricity and satellite telecommunication related services) availed by the members and occupants of “WADHWA REGALIA” and/or the buildings /premises that may be developed in the Property. The Promoters shall also be entitled to designate/allot/lease any space in the Property to the MSEDCL for the purpose of installing power sub-stations with a view to service the electricity requirement in the Property. The aforesaid designated spaces may be given to the relevant service provider either on leave and license basis or on leasehold basis and the Allottee/s shall have no objections regarding the same. It is clarified that the service providers will be entitled to operate from and out of such designated spaces even after the Property is transferred to the Organisation and/or the Apex Body in the manner contemplated in this Agreement. i) It is expressly agreed that the Promoters 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 or mode as may be designed by the Promoters and for the purpose Promoters is fully authorised 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 Allottee/s agrees not to object or dispute the same. The Promoters or their nominees shall be exclusively entitled to the income that may be derived by display of such advertisement or installation of cable network or mobile phone station, at any time hereafter. The Allottee shall not be entitled to any abatement in the price of the said premises or to object to the same for any reason and shall allow the Promoters, 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 / or removing the advertisements and / or hoardings, neon lights or such installations etc., the Promoters shall be entitled to transfer or assign such right to any person or persons whom they deem fit and the limited company shall not raise any objection thereto. j) The Promoters has clearly brought to the notice and knowledge of the Allottee and the Allottee is aware that the Promoters intend to complete the said buildings as per the sanctioned plans and permissions i.e. Building Type A, Type B & Type C, C1 & C2 and the said property will be conveyed to such co- operative housing society/ Apex body as per the discretion of the Promoters and when the need arises and the above contents shall always form an integral part of further writings, deeds and documents including the final deed of conveyance and the same is clearly seen, verified and accepted by the Allottee herein and accordingly the Allottee has granted his/her express and irrevocable consent for the same and in terms of such contents the final Deed of Conveyance will be executed and registered. Aforesaid conditions are of the essence of the contract and only upon the Allottee agreeing to the said conditions, the Promoters have agreed to sell the said Apartment to the Allottee. 14. The Allottee/s or himself/themselves with intention to bring all persons into whosoever hands the Apartment may come, hereby covenants with the Promoters 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 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 Promoters 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 Promoters and/or the Society. 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 Promoters within fifteen days of demand by the Promoters, 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 Promoters under this Agreement are fully paid up. x. The Allottee shall observe and perform all the rules and regulations which the Society 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. xi. 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. xii. Till a conveyance of the structure of the building in which Apartment is situated is executed in favour of Society, the Allottee 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 buildings or any part thereof to view and examine the state and condition thereof. xiii. The Allottee shall not claim any deduction in the cost of his / her Apartment on account of deletion of any item of construction as per his / her requirements, of the Allottee in his / her flat. xiv. If Additional amenities are required by the Allottee, then in that event the Allottee agrees to pay in advance the cost of such additional amenities as per the estimate prepared by the Promoters or the Architect of the Promoters and his decision shall be final and binding. xv. The Allottee/s hereby grants his/her/their an irrevocable authority, permission and consent to the Promoters, that the Promoters shall have the sole and absolute right to get plans revised from the Kalyan Dombivli Municipal Corporation and construct podium parking on the first floor if permitted and shall be entitled to allot the parking spaces. xvi. The Allottee/s hereby agree/s to pay the charges of solar heater, rain harvesting system if provided to the building as per his/her/their share to the Promoters in addition to the amount of consideration of the apartment. xvii. The development and / or betterment charges or other levy by the concerned local authority, government and / or any other public authority in respect of the said property and / or building, shall be borne and paid by the Allottee/s along with the Purchase of the apartments in the building in proportion to the floor area of their respects premises. xviii. The Allottee/s shall from time to time sign all applications, paper and documents and do all such acts, deeds and things as the Promoters and / or the society may be required for safe guarding the interest of the Promoters. xix. The Promoters shall be entitled to construct temporary structures, including site offices, on the Property for utilization in connection with the development of the Property and shall have the right to access the same at any time without any restriction whatsoever. The Promoters shall also be entitled to set up labour camps in the Property for the purposes of the proposed development to be carried on the Property. xx. The Allottee/s hereby made aware that the Promoters have acquired development rights and in process of acquiring development rights in respect of adjoining properties and purchaser/s hereby gives irrevocable consent to the Promoters to develop the adjoining properties by amalgamating the same with the said property and grant right of way and / access to the purchasers, occupiers, visitors of the adjoining buildings and labours, contractors, carts, vehicles, for ingress and egress to the said adjoining plot/s and building from the said property and the Allottee/s or any person claiming through them shall not have right to raise any objection or dispute in respect of grant of access , right of way through the said property. xxi. The Allottee/s agrees to abide by any and all terms, conditions, rules and/or regulations that may be imposed by the Promoters including without limitation, payment of the Allottee/s share of the service charges that may become payable with respect to the operation and maintenance of the Building, the Common Areas and Facilities and other common areas and facilities within the entire Property. xxii. The Allottee/s hereby agree/s that in the event of the Promoters acquiring the Development Rights of the adjoining plots / property then in that case the Promoters shall be entitled to grant right of way for the Ingress and Egress to the adjoining plots from the said property and the Allottee hereby irrevocable consent that the Promoters shall be entitled to lay drainage line, electric cable, telephone cable, water line, etc., on the said property or under the building to and from the adjoining plots. xxiii It is also understood and agreed by and between the parties hereto that the open terrace, E.P, balcony, dry balcony, cup-board appurtenant to/or in front of or adjacent to the Apartments in the said building, if any, shall be exclusively to the respective Allottees of the said Apartments and the same are intended for the exclusive use of the respective Apartments Allottees as shown in the Floor Plan. 15. The Promoters shall maintain a separate account in respect of sums received by the Promoters 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 towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 16. It is also agreed and understood that the Promoters will only pay the municipal tax for the unsold apartments and will not pay any maintenance charges like water, light etc., and the Promoters can sell the said Apartment to any prospective buyers and then such prospective buyers will become the member of the society without paying any transfer premium or any other charges. 17. The Allottee/s has/have seen the layout of the proposed building complex and has agreed and understood the common amenities like Club House, common roads, drainage, sewers, water pipe lines, street lights etc., shall be the common property and shall be available for common use by all the Allottee/s of the premises in the said complex and accordingly the Allottees of the premises in the said complex and the different common organization will have unrestricted right of way in common spaces, roads and laying of pipelines, telephone and electric cables, sewerage and drainage line etc. 18. It is specifically declared that if the Promoters provides the facility of bore well then the Promoters shall have full right and absolute authority to grant the water connection / supply to any adjoining buildings / societies and the Allottee herein along with the other Allottees shall not raise any objection for such grant of facility of bore well water and use of such bore well water by the Promoters for construction of other buildings in the adjoining properties. 19. It is brought to the notice of the Allottee/s that the electric meters of all the Apartment premises as well as the water meters will be in the name of the Promoters herein and the Allottee/s and / or their society shall get the same transferred in their favour and the Promoters herein will grant the no objection as and when required. 20. 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 Promoters until the said structure of the building is transferred to the Society or other body and until the project land is transferred to the Apex Body /Federation as hereinbefore mentioned. 21. Any delay tolerated or indulgence shown by the Promoters in enforcing the terms and conditions of the agreement or forbearance or giving of time to the Allottee by the Promoters shall not be construed as a waiver on the part of the Promoters of any breach or non-observance of any of the terms and conditions of this agreement by the Allottee nor shall the same in any manner prejudice the rights of the Promoters. 22. PROMOTERS SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoters executes this Agreement he shall not mortgage or create a charge on the said 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. 23. The Promoters shall be at liberty to amalgamate the said Property with the adjacent Property available to them for development and may construct one or more buildings on such amalgamated Property / plot of land as per the plans and permissions sanctioned by the concerned authorities and permissible by the Development Control Rules and shall be entitled to grant Road/right of way to the adjacent property from the said property and the Allottee/s grant the irrevocable consent for the same. 24. The Promoters shall be entitled to sell the premises in the said building for the purpose of using the same as bank, dispensaries, nursing homes, maternity homes, coaching classes and for other non-residential purpose and the Allottee herein along with the other Allottees shall not raise any objection for such non-residential use of the premises sold by the Promoters to the intending Allottees. 25. BINDING EFFECT: Forwarding this Agreement to the Allottee by the Promoters does not create a binding obligation on the part of the Promoters 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 Promoters. If the Allottee(s) fails to execute and deliver to the Promoters 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 Promoters, then the Promoters 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. 26. 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 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. 27. RIGHT TO AMEND: This Agreement may only be amended through written consent of the Parties. 28. 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. 29. 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 remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of execution of this Agreement. 30. 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. 31. 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. 32. PLACE OF EXECUTION: The execution of this Agreement shall be complete only upon its execution by the Promoters through its authorized signatory at the Promoters’s Office, or at some other place, which may be mutually agreed between the Promoters and the Allottee, in after the Agreement is duly executed by the Allottee and the Promoters 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 Kalyan. 33. The Allottee and/or Promoters 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 Promoters will attend such office and admit execution thereof. 34. That all notices to be served on the Allottee and the Promoters as contemplated by this Agreement shall be deemed to have been duly served if sent to the Allottee or the Promoters by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective addresses specified below: Name of Allottee (Allottee’s Address) Notified Email ID:___________ M/s Promoters name (Promoters Address) Notified Email ID: ____________ It shall be the duty of the Allottee and the Promoters 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 Promoters or the Allottee, as the case may be. 35. 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 him/her which shall for all intents and purposes to consider as properly served on all the Allottees. 36. Stamp Duty and Registration:- The charges towards stamp duty and Registration of this Agreement shall be borne by the Allottee. 37. 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 Real Estate Regulatory Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 38. The Promoters shall not be responsible for the consequences arising out of change in law or change in municipal and other laws, rules, regulations etc. 39. It is brought to the notice of the Allottee/s that at present the Promoters are not in possession of 70 Sq. Mtrs. out of the said property and in case the said area comes in possession of the Promoters, the Promoters shall be entitled to use and avail the FSI of the area and get the proportionate TDR in respect of the said area and in that event the said Promoters shall execute Conveyance Deed of the said area. 40. All terms, conditions and covenants of this agreement, including the powers, authorities, permission and covenant given by the Allottee/s to the Promoters herein shall remain valid, operative, binding, continuous, subsisting, irrevocable and in full force and effect even after the occupation / possession of the said premises is handed over to the Allottee/s under the possession of the said building is handed over to the said organization and the deed of conveyance / assignment / lease or any other transfer document is executed. 41. 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. 42. It is hereby made clear that the furniture lay out, colour scheme, elevation treatment, trees garden lawns etc. shown on the pamphlet and literature are shown only to give overall idea to the Allottees and the same are not agreed to be provided by the Promoters unless specifically mentioned and agreed in this agreement. The Promoters reserves the right to make changes in the Elevations, Designs and Colors of all the materials to be used at his sole discretion. In all these matters the decision of the Promoters are final and it is binding on the Allottees. 43. This agreement shall always be subject to the provisions contained in Real Estate (Regulation and Development) Act, 2016, Rules and Regulations made there under. FIRST SCHEDULE OF THE PROPERTY All that piece and parcel of land bearing Survey No. 8, Hissa No. 1, admeasuring 0H-98R-5P, equivalent to 9850 square meters & Survey no. 7, Hissa no. 2, adm. 0H- 40 R- 0P, equivalent to 4000 Sq. Mtrs. of Village Netivali, Taluka Kalyan, District Thane and bounded as under: - On or towards East : On or towards West : On or towards South: On or towards North : SECOND SCHEDULE OF THE PROPERTY All that piece and parcel of area adm. _________ out of land bearing Survey No. 8, Hissa No. 1, admeasuring 0H-98R-5P, equivalent to 9850 square meters & Survey no. 7, Hissa no. 2, adm. 0H- 40 R- 0P, equivalent to 4000 Sq. Mtrs. of Village Netivali, Taluka Kalyan, District Thane. THIRD SCHEDULE ABOVE REFERRED TO Stilt parking, Lobby, Passage, Open Space, Staircase, Lift lobbies, Terraces, Duct Area, Garden, Club House, Common entrance and exit of buildings, Play areas, Open parking areas, Common terrace spaces, installation of central services i.e. electricity, water, sanitation, underground water tank, overhead water tank, etc. IN WITNESS WHEREOF the parties have set and subscribed their respective hands and seals to this writing on the day and the year first hereinabove mentioned. SIGNED & DELIVERED by the within named Promoters WADHWA BUILDCON LLP. Through its designated partner/s SIGNED & DELIVERED by the within named Co-Promoter 1. SHRI SURJIT B. AILSINGHANI 2. SHRI JAGDISH I. NIHALANI SIGNED & DELIVERED by the within named Allottee/s ________________ ________________ IN THE PRESENCE OF WITNESSESS: 1. ______________ 2. ______________ SCHEDULE A All that premises of Apartment No. .............. of carpet area admeasuring .................... sq. meters on ............ floor in the building type A, in the complex known as WADHWA REGALIA constructed on property bearing Survey No. 8, Hissa No. 1, admeasuring 0H-98R-5P, equivalent to 9850 square meters & Survey no. 7, Hissa no. 2, adm. 0H- 40 R- 0P, equivalent to 4000 Sq. Mtrs. of Village Netivali, Taluka Kalyan, District Thane. ANNEXURE A (Title Certificate) ANNEXURE B (Authenticated copy of the Property card or 7/12 extracts) ANNEXURE C-1 (Authenticated copy of the plans of the layout as approved by concerned local authority) ANNEXURE C-2 (Authenticated copy 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/s, as sanctioned and approved by the local authority) ANNEXURE E (Specifications and amenities for the apartment) ANNEXURE F (Authenticated copy of Registration certificate of the Project granted by Real Estate Regulatory Authority) RECEIPT Received of and from the allottee/s above named the sum of Rs. __________ on execution of this agreement towards Earnest Money deposit or application fee. I say received Promoter signature