PRECONS DEVELOPMENTS PRIVATE LIMITED Registered Address: Shop No 4, Almar Apartment, Fr Justine D’souza Road, Orlem Malad (West) 400 064 Tel.: 022-26002991/ 26046809, Fax: 022-26004414 Email ID : preconsdevelopments@gmail.com Deviation Report with respect to model copy of Agreement Date: 14/03/2023 To, MAHA RERA AUTHORITY 6th floor, Housefin Bhavan, Plot No C-21, E Block, BKC, Bandra (E), Mumbai – 400051. Subject:- DEVIATION REPORT ON AGREEMENT FOR SALE THE PROJECT NAMED Khar Kalpak Co. Op. Hsg. Soc. Ltd,. REDEVELOPMENT LOCATED AT CTS NO. E/168 ADMEASURING 626.3 SQ. MTRS. EQUIVALENT TO 749 SQ YARDS OF VILLAGE-BANDRA, TALUKA-ANDHERI, DISTRICT MUMBAI SUBURBAN. Modified Clause: Clause Clause as mentioned model draft Clause no Clause as mentioned in draft no as agreement as per agreement per draft RERA agreement 1(c) The Allottee has paid on or before 3 C. The Allottee has paid before execution of this agreement a sum of execution of this Agreement, a sum Rs __________ (Rupees of Rs. ______________/- (Rupees ________________________ only) ________________________ only) (not exceeding 10% of the total (which does not exceed 10% of the consideration) as advance payment or Sale Consideration) as advance application fee and hereby agrees to payment and hereby agrees to pay to pay to that Promoter the balance the Developer the balance amount of amount of Rs ............................( the Sale Consideration of Rs. Rupees ......................................) in the ______________/- (Rupees following manner :- ________________________ only)in i. Amount of Rs......../-(........) (not the following manner :- exceeding 30% of the total consideration) to be paid to the i. Amount of Rs _____/-(20 %) to be Promoter after the execution of paid to the Promoter after the Agreement execution of Agreement ii. Amount of Rs......./-(..........) (not ii. Amount of Rs_____/-(10%) to be exceeding 45% of the total paid to the Promoter on completion consideration) to be paid to the of the Plinth of the building or wing in Promoter on completion of the Plinth which the said Apartment is located. PRECONS DEVELOPMENTS PRIVATE LIMITED Registered Address: Shop No 4, Almar Apartment, Fr Justine D’souza Road, Orlem Malad (West) 400 064 Tel.: 022-26002991/ 26046809, Fax: 022-26004414 Email ID : preconsdevelopments@gmail.com of the building or wing in which the said Apartment is located. iii. Amount of Rs._____/- (4%) to be paid to the promoter on iii. Amount of Rs....../-(...........) (not Commencement of 4th Podium Slab exceeding 70% of the total consideration) to be paid to the iv. Amount of Rs. _____/-(9%) to be Promoter on completion of the slabs paid to the promoter on completion including podiums and stilts of the of 5th floor Slab building or wing in which the said Apartment is located. v. Amount of Rs. _____/-(9%) to be paid to the promoter on completion iv. Amount of Rs......./-(.............) (not of 6lh floor Slab exceeding 75% of the total consideration) to be paid to the vi. Amount of Rs. _____/-(9%) to be Promoter on completion of the walls, paid to the promoter on completion internal plaster, floorings doors and of 7,h floor Slab windows of the said Apartment. Vii. Amount of Rs. _____/-(9%) to be v. Amount of Rs........./- (...........) (not paid to the promoter On completion exceeding 80% of the total of 8th floor Slab consideration) to be paid to the Promoter on completion of the Viii. Amount of Rs. _____/-(9%) to be Sanitary fittings, staircases, lift wells, paid to the promoter On completion lobbies upto the floor level of the said of 9th floor Slab Apartment. ix. Amount of Rs. _____/-(2%) to be vi. Amount of Rs....../-(.....) ( not paid to the promoter On completion exceeding 85% of the total of Bricks Work consideration) to be paid to the Promoter on completion of the x. Amount of Rs. _____/-(2%) to be external plumbing and external paid to the Promoter on completion plaster, elevation, terraces with of the Tiling Work of the said waterproofing, of the building or wing Apartment. in which the said Apartment is located.. xi. Amount of Rs. _____/-(2%) to be paid to the Promoter on completion vii. Amount of Rs......./-(...........) (not of the Painting work of the said exceeding 95% of the total Apartment. consideration) to be paid to the Promoter on completion of the lifts, xii. Amount of Rs. _____/-(5%) to be water pumps, electrical fittings, paid to the Promoter on completion electro, mechanical and environment of the Fit out for Possession of the requirements, entrance lobby/s, plinth building or wing in which the said protection, paving of areas appertain Apartment is located., against and at PRECONS DEVELOPMENTS PRIVATE LIMITED Registered Address: Shop No 4, Almar Apartment, Fr Justine D’souza Road, Orlem Malad (West) 400 064 Tel.: 022-26002991/ 26046809, Fax: 022-26004414 Email ID : preconsdevelopments@gmail.com and all other requirements as may be the time of handing over of the prescribed in the Agreement of sale of possession of the Apartment to the the building or wing in which the said Allottee on or after receipt of Apartment is located. occupancy Certificate or completion certificate. 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 4.2 Without prejudice to the right of e. Without prejudice to the right of promoter to charge interest in terms the Developer to charge interest at of sub clause 4.1 above, on the the Interest Rate Mentioned at Allottee committing default in Clause 7(iv) above, and any other payment on due date of any amount rights and remedies available to the due and payable by the Allottee to the Developer, on the Allottee Promoter under this Agreement committing default in payment on a (including his/her proportionate share due date of any amount due and of taxes levied by concerned local payable by the Allottee to the authority and other outgoings) and on Developer under this Agreement the allottee committing three defaults (including his/her/its proportionate of payment of instalments, the share of taxes levied by concerned Promoter shall at his own option, may local authority and other outgoings) terminate this Agreement: and the Allottee committing three Provided that, Promoter shall give defaults of payment of instalments, notice of fifteen days in writing to the the Developer shall be entitled, at its Allottee, by Registered Post AD at the own option and discretion, to address provided by the allottee and terminatethis Agreement. Provided mail at the e-mail address provided by that, the Developer shall give a notice the Allottee, of his intention to of 15 (fifteen) days in writing to the terminate this Agreement and of the Allottee (hereinafter referred to as specific breach or breaches of terms “Default Notice”), by Courier / E-mail and conditions in respect of which it is / Speed Post A.D. / Registered Post intended to terminate the Agreement. A.D. at the address provided by the If the Allottee fails to rectify the Allottee, of its intention to terminate breach or breaches mentioned by the this agreement with details/s of the Promoter within the period of notice specific breach or breaches of terms then at the end of such notice period, and conditions in respect of which it promoter shall be entitled to is intended to terminate the terminate this Agreement. Agreement. If the Allottee fails to Provided further that upon rectify the breach of breaches termination of this Agreement as mentioned by the Developer within aforesaid, the Promoter shall refund the period of the Default Notice, PRECONS DEVELOPMENTS PRIVATE LIMITED Registered Address: Shop No 4, Almar Apartment, Fr Justine D’souza Road, Orlem Malad (West) 400 064 Tel.: 022-26002991/ 26046809, Fax: 022-26004414 Email ID : preconsdevelopments@gmail.com to the Allottee (subject to adjustment including making full and final and recovery of any agreed liquidated payment of any outstanding dues damages or any other amount which together with interest thereon may be payable to Promoter) within a computed at the Interest Rate, then period of thirty days of the at the end of the period specified in termination, the instalments of sale the Default Notice, the Developer consideration of the Apartment which shall be entitled to terminate this may till then have been paid by the Agreement by issuance of a written Allottee to the Promoter notice to the Allottee (hereinafter referred to as “Developer Termination Notice”), by Courier / E- mail / Speed Post A.D. / Registered Post A.D. at the address provided by the Allottee. On receipt of the Developer Termination Notice by the Allottee, this Agreement shall stand terminated and cancelled. On the termination and cancellation of this Agreement in the manner as stated in this sub-clause, the Developer shall be entitled to forfeit 10% (ten percentage) of the Sale Consideration as and by way of agreed genuine pre- estimate of liquidated damages (hereinafter referred to as “Liquidated Damages”). Within a period of 30 (thirty) days of the Developer Termination Notice, the Developer shall, after deduction of the liquidated damages, refund to the Allottee the amounts already received by the Developer under this Agreement. Upon the termination of this Agreement, the Allottee shall have no claim of any nature whatsoever on the Developer and/or the said Unit and/or car park and the Developer shall be entitled to deal with and/or dispose of the said Unit and/or car parks in the manner it deems fit and proper. The Developer shall not be liable to refund to the Allottee the GST, cess, any other direct or indirect taxes and / or PRECONS DEVELOPMENTS PRIVATE LIMITED Registered Address: Shop No 4, Almar Apartment, Fr Justine D’souza Road, Orlem Malad (West) 400 064 Tel.: 022-26002991/ 26046809, Fax: 022-26004414 Email ID : preconsdevelopments@gmail.com interest thereon paid on the Sale Consideration by the Allottee to the Developer Clause Actual Clause No as per our draft 1 THE RECITALS FORM OF THE AGREEMENT:- The above Recitals shall form an integral part of the operative portion of this Agreement, as if the same have been set out herein verbatim. The headings given in the operative section of this Agreement are only for convenience, and are not intended in derogation of RERA 3 e. The Allottee shall be entitled to deduct Tax Deducted at Source (“TDS”) in accordance with the provisions of the Income Tax Act, 1961 from every payment made to the Developer towards the Sale Consideration. The Allottee shall forthwith (however, not later than the prescribed time limit in accordance with law) deposit the said amount deducted as TDS with the Government Treasury in the account of the Developer and shall furnish the requisite TDS Certificate to the Developer. Non-payment of TDS amount and non- furnishing of TDS Certificate by the Allottee in the name of the Developer shall be considered as a breach of this Agreement. 6 FSI, TDR AND DEVELOPMENT POTENTIAL WITH RESPECT TO THE SAID BUILDING ON THE SAID LAND: The Allottee hereby agrees, accepts and confirms that the Developer proposes to develop the Real Estate Project (including by utilization of the full development potential) in the manner more particularly detailed at Recital P (iii) above and as per the plans, proformas and specifications pertaining thereto and as per the Proposed Layout and potential and the Allottee has agreed to purchase the said Unit based on the unfettered and vested rights of the Developer in this regard. The Developer is entitled to amend, modify and/or substitute the proposed future and further development of the said Land, in full or in part, as may be required by the applicable las from time to time. 11 For the purpose of defect liability works, the said liability shall be those which are not covered under the maintenance of the said Building as stated in this Agreement. Further, it is agreed by the Allottee that any damage or changes done within the units sold or in the Building by the Allottee and/or any other Allottees or by any third person on behalf of the Allottee, then the Allottee expressly absolves the Developer from the same liability and specifically consent that on such act done, the Allottee shall waive his/her/their rights to enforce the defect liability on and towards the Developer. Furthermore, the Developer shall not be responsible for any defect occurring during the defect liability period as mentioned hereinabove where (i) the manufacturer warranty as shown by the Developer to the Allottee PRECONS DEVELOPMENTS PRIVATE LIMITED Registered Address: Shop No 4, Almar Apartment, Fr Justine D’souza Road, Orlem Malad (West) 400 064 Tel.: 022-26002991/ 26046809, Fax: 022-26004414 Email ID : preconsdevelopments@gmail.com ends before the defect liability period; and (ii) such warranties are covered under the maintenance of the said Building and if the annual maintenance contracts are not done/renewed by the Allottees/s / society. The Real Estate Project as a whole has been conceived, designed and constructed based on the commitment and warranties given by the vendors / manufacturers that all equipment’s, fixture and fittings shall be maintained and covered by maintenance/warranty contracts so as to the same be sustainable and in proper working conditions to continue warranty in both the said Unit and the common project amenities, wherever applicable. That the Allottee has been made aware and that the Allottee expressly agrees that the regular wear and tear of the said building includes minor hairline cracks on the external and internal wall excluding the RCC structure which happen due to variation in temperature of more that 20 degrees Celsius and which do not amount to structural defects, and hence, cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee, the Developer shall appoint an expert / surveyor who shall survey and assess the same and shall then submit a report to state the defect in materials used, in the structure built of the said building and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement. The said report shall be final and binding on the Allottee.