Agreement for Sale This Agreement made at Mumbai this _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ in the year Two Thousand and _ _ _ _ _ _ _ _ _ _ _ _ between; M/s. SHREEJI PROPERTIES, a registered Partnership Firm, having its office address at Shop No. 8, Aminabi Chawl, P. J. Nehru Road, Vakola, Santacruz (East), Mumbai – 400055, holding Income Tax PAN as _ _ _ _ _ _ _ _ _, hereinafter referred to as “the Promoter” (which expression shall, unless it be repugnant to the context or meaning thereof shall deemed, mean and include its all partners for time being, legal representatives, constituted attorneys, administrators and/or assigns) of the One Part; And 1) Mr. / Mrs./ Ms. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, aged _ _ _ years, Indian inhabitant, holding Income Tax PAN as _ _ _ _ _ _ _ _ _ _ _ _ having his/her address at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _______________________________ _________ _ _ _ _, 2) Mr. / Mrs./ Ms. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, aged _ _ _ years, Indian inhabitant, holding Income Tax PAN as _ _ _ _ _ _ _ _ _ _ _ _ having his/her address at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _______________________________ _________ _ _ _ _, hereinafter referred to as " the Purchaser/s" (which expression shall, unless it be repugnant to the context or meaning, deemed, mean and include his/her/their respective legal heirs, legal representatives, constituted attorneys, administrators and/or assigns) of the Other Part. In this Agreement, unless the context otherwise implies the expression defined hereunder shall have the respective meanings assigned to them: i. The singular wherever used shall include plural and vice versa. ii. The masculine gender used herein shall include feminine and/or neutral gender wherever applicable. Page 1 of 36 WHEREAS by virtue of executing and/or registering various Deeds and Documents with various land owners and/or stake-owners, a registered partnership firm M/s. Shreeji Properties have acquired plot/s and/or acquired development rights of all pieces and parcels of land bearing C.T.S. No. 82, 82 (1 to 49) aggregating admeasuring 2215.20 Sq. mtrs., together with the structures standing thereon, situated at Revenue Village Kurla – 4, Taluka Kurla, Mumbai Suburban District and have become owners and/or right holders and entitled to develop the said property, more particularly described in the schedule hereunder written (hereinafter referred to as the said ‘Project Land’). WHEREAS the Government of Maharashtra amended the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 to provide for creation of Slum Rehabilitation Authority (hereinafter referred to as the “said Authority”) as the competent authority to regularise slums and device a scheme for rehabilitation of slum dwellers. The Development Control Regulation, 1991 for Greater Mumbai provides for redevelopment of the slum to rehabilitate the slum dwellers who have occupied various structure of the slum. Under DC regulation 33 (10) and the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter referred to as MSA Act), the eligible slum dwellers are required to form a Co-operative Housing Society for the purpose of redevelopment of the said slum. AND WHEREAS the said piece of land has been occupied by the slum dwellers who are residing on the said piece of land. AND WHEREAS the slum dwellers have formed their own Society known as “ASHTAVINAYAK SRA CO-OPERATIVE HOUSING SOCIETY (PROPOSED)” having Regn. No. _ _ _ _ _ dtd. _ _ _ _ (herein referred to as “the Society”) and got is registered under the provisions of Maharashtra Co-operative Societies Act 1960 and rules made thereunder. AND WHEREAS the said Project Land has been declared as censuses slum, vide Government Notification No. _ _ _ _ _ dated _ _ _ _ _ under the Page 2 of 36 provisions of Maharashtra’s Slum Area (Improvement, Clearance and Re- development) Act, 1971. AND WHEREAS the Project Land being private slum, M/s. Shreeji Properties, have executed individual Permanent Alternative Accommodation Agreements with all eligible slum dwellers also have executed a Development Agreement for rehabilitation of part of the project with the Society (therein referred to as “the Society”) of the One Part and M/s. Shreeji Properties of the Other Part, the said Society has agreed for Development with the said Developers for Rehabilitation / Re-Development of the said property under the provision of Maharashtra Slum Area (Improvement, Clearance and Re- development Act 1971) and for the proportionate slum affected property under DCR 33 (10) of Development Control Promotion and Regulation – 2034 and DCR 33 (11) Development Control Promotion and Regulation – 2034 of MCGM, the another part of the open land on the same said plot. M/s. Shreeji properties will rehabilitate existing members/tenants on the said plot by constructing a separate wing / building for existing members/tenants of ‘Ashtavinayak SRA Co-o-op. Hsg. Society (Proposed), It is further specified that there may be sale units in the in ‘Ashtavinayak SRA Co-op Housing Society (Proposed)’ (Wing-A) along with separate wing/building for sale in general category to be known as “BKC Crown” (Wing B & C) (hereinafter referred to as “the Project”) for selling and providing, including but not limited to, Flat / Shops / Commercial Premises / Basements / Unit to the Prospective Purchasers of their own choice as per plan approving norms imposed by the competent plan passing authority. WHEREAS the said Promoter has obtained the Letter of Intent (LOI) issued by the Slum Rehabilitation Authority vide No. SRA/ENG/2904/L/PL/LOI dtd. 24/04/2019. AND WHEREAS by virtue of the Development Agreement executed between the Society and the Developer, the Developer therein and the Promoter herein, alone has the sole and exclusive right to sell the Flat / Shop / Commercial premises / Unit / stilts / Basement / Terrace / Parking Space or any / all unit, Page 3 of 36 whatsoever in form, in the said building / wing for sale known as “BKC Crown” and in the Rehabilitation / Redevelopment wing / building as well, to be constructed by the Developers on the said Property and to enter into agreements with the Purchasers of the Flat / Shop / Commercial Premises / Stilt / terrace / Parking Space / Basement and to receive the sale price in respect thereof. AND WHEREAS in the premises, the DEVELOPERS are seized and possessed of or otherwise well and sufficiently entitled to all that the said property more particularly described in the schedule hereunder written. AND WHEREAS the Developers is developing the said piece of land under the Provisions of Maharashtra Slum Area (Improvement, clearance and Re- development) Act 1971 and are constructing houses for members of the said society under the provisions of the said Act. WHEREAS the said Promoter have procured form the concerned department of Land and Revenue, the authenticated copies of Property Registration Card (P R Card), a photocopy of the same has been annexed and marked as ‘Annexure–A’ and have obtained ‘Certificate of Title’ from the Advocate Jasvant P. Patel, certifying the Plot of land as clear and marketable and without any encumbrance thereupon. A photocopy of the said Legal Certificate of Title has been annexed and marked as ‘Annexure–B’. WHEREAS it has been confirmed by the said Promoter that there are no other covenants, whatsoever in nature, have been executed which are affecting the title of the said property and/or no other impediments attached, whatsoever in nature, to the said property and that the said Promoters are entitled and enjoined upon to construct the new building on the project land in accordance with the recitals hereinabove; WHEREAS the Promoter has proposed to construct the new building/s adjacent to SRA building, i.e. the Project, which has proposed one number of Basements, one number of Stilts, and 12 numbers of proposed habitable Floors. It has been specified by the Promoter that at present they have obtained permission for certain numbers of saleable Flat / Shops, out of which some numbers of Flat / Page 4 of 36 Shops for sale may be built interalia with the adjacent SRA building / wing, as may be approved by the competent authorities as applicable from time to time under norms of MAS Act and/or DCPR-2034, which shall be for general sale on what is known as outright ownership basis. WHEREAS the Promoter has appointed an Architect M/s. Ace Consultants, who is registered with the ‘Council of Architects’, under mutually agreed terms and conditions incorporating applicable terms as mentioned in standard Agreement prescribed by the Council of Architects and further, the Promoter has appointed a structural Engineer M/s. Vision Design, for the preparation of the structural design and drawings of the buildings and the Promoter accepts the professional supervision of the Architect and the structural Engineer till the completion of the said Redevelopment Project. WHEREAS upon completing required legal documentation, to initiate the process of SRA Project Development, the said Promoter submitted the drawings and plans for approval of competent authority and on date 02/05/2019, under applicable provision of applicable MRTP, SRA, MAS Act and/or DCPR 2034, the Promoter have obtained the permission in form of ‘Intimation of Approval’ (IOA) from the competent authority bearing No. L/PVT/0074/20170120/AP (Composite Building). A photocopy of the said ‘Intimation of Approval’ has been annexed and marked as ‘Annexure–C’, alongwith the proposed drawing / plans for the said Redevelopment Project annexed and marked as ‘Annexure–D’ WHEREAS the said Promoter have obtained Commencement Certificate (CC) bearing No. as L/PVT/0074/20170120/AP issued vide dated 03/10/2019, under provisions of Maharashtra Regional Town Planning Act, 1966, a photocopy of the said valid CC has been annexed and marked as ‘Annexure–E’. WHEREAS by virtue of owner of the Project Land, the Promoter has sole and exclusive right to sell the Flat / Shops / Shop / Offices, in the said Project to be constructed by the Promoter on the project land and to enter into Page 5 of 36 Agreement for Sale with the Purchaser/s of the Flat / Shops / Offices and to receive the sale consideration in respect thereof. WHEREAS the Promoter has registered the Project under the provisions of the Real Estate (Regulation & Redevelopment) Act, 2016 with Maharashtra Real Estate Regulatory Authority (MahaRERA) at Mumbai, vide registration number P5_ _ _ _ _ _ _; authenticated copy is attached in ‘Annexure-F’. 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 Promoter while developing the project land and the said building and upon due observance and performance of which only the completion or occupancy certificate in respect of the said building/s shall be granted by the concerned local authority. AND WHEREAS on demand from the Purchaser/s, the Promoter has given inspection to the Purchaser/s of all the documents of title relating to the project land and the plans, designs and specifications prepared by the Project 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 thereunder; AND WHEREAS vide ‘Application for Allotment’ dated _ _ _ _ _ _ _ _ _ _ the Purchaser/s has applied to the Promoter for allotment of a Flat / Shop No. _ _ _ _ on _ _ _ _ _ _ _floor of _ _ _ wing in the building “BKC Crown”, having Carpet area of _ _ _ _ square meters equivalent to _ _ _ _ square feet, (Carpet Area under definition of RERA) hereinafter referred to as “the said Flat / Shop”, and the said Flat / Shop has been shown and earmarked with Shaded lines in the Floor Plan Annexed herewith in ‘Annexure-G’. 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 Page 6 of 36 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 Purchaser/s has paid to the Promoter a sum of Rs. _ _ _ _ _ _ _ _ _ _ (Rupees _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ only), being part payment of the sale consideration of the Flat / Shop agreed to be sold by the Promoter to the Purchaser/s as advance payment or Application Fee (the payment and receipt whereof the Promoter both hereby admit and acknowledge) and the Purchaser/s has agreed to pay to the Promoter the balance of the sale consideration in the manner hereinafter appearing. AND WHEREAS, under section 13 of the said Act read with Rule 10 of Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017, the Promoter is required to execute a written Agreement for sale, in accordance with the model form of Agreement, of said Flat / Shop with the Purchaser/s, being in fact these presents and also to register said Agreement under the Registration Act, 1908. In accordance with the terms and conditions set out in this Agreement and as mutually agreed upon by and between the Parties, the Promoter hereby agrees to sell and the Purchaser/s hereby agrees to purchase the said Flat / Shop and the garage/covered parking (if applicable). NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Promoter shall construct the said building/s consisting of three numbers of wings, two number of Basements, one number of Stilts and proposed twelve numbers of habitable Floors on the project land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Page 7 of 36 Provided that the Promoter shall have to obtain prior consent in writing of the Purchaser/s in respect of variations or modifications, which may adversely affect the Flat / Shop of the Purchaser/s, except any alteration or addition required by any Government authorities or due to change in law. (i) The Purchaser/s hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Purchaser/s Flat / Shop No. _ _ _ _ of _ _ _ _ the type having carpet area (under definition of RERA, 2016) admeasuring _ _ _ _ _ sq. meters, on _ _ _ _ _ floor in the building ‘BKC Crown’, as shown in the Floor plan, thereof hereto annexed and marked ‘Annexure-H’ for the consideration of Rs. _ _ _ _ _ _ _ _ including proportionate price of the common areas and facilities appurtenant to the premises, the nature, extent and description of the common areas. (ii) The Purchaser/s hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Purchaser/s covered parking spaces situated at Stilt / Basement, being constructed in the layout for the consideration value of Rs. _ _ _ _ _, which shall be included in the aggregated value consideration of the said Flat / Shop and the earmark numbering of such allotted covered parking shall be intimated to the Purchaser prior to handing over the possession of the said Flat / Shop. 1 (b) The total aggregate consideration amount for the Flat / Shop including covered parking spaces is thus Rs. _ _ _ _ _ _ _ _ _ _ /-, which shall be payable by the Purchaser/s to the Promoter in the manner as defined under ‘Stage-wise Completion / Payment Schedule’, as defined and herein under appearing: Payment Schedule for all types of Units under Sale component: Page 8 of 36 Description of Work Instalment Instalment % (Instalment Name) Amount (Rs.) Booking Amount 5.00% Application Money 5.00% Agreement Execution 20.00% Shore Piling Work 5.00% Excavation / Base Piling 5.00% Basement 1 2.50% Basement 2 2.50% Stilt 2.00% 1st Slab 2.00% 2nd Slab 2.00% 3rd Slab 2.00% 4th Slab 2.00% 5th Slab 2.00% 6th Slab 2.00% 7th Slab 2.00% 8th Slab 2.00% 9th Slab 2.00% 10th Slab 2.00% 11th Slab 1.50% 12th Slab 1.50% Walls (Bricks / Blocks) 1.00% Internal Plaster 1.00% Flooring 1.00% Doors and Window Work 2.00% Sanitary Work 2.00% Staircase Finishing 1.00% Lift Well Finishing 1.00% Lobby Work Finishing 1.00% External Plumbing 1.00% External Plaster 2.00% Elevation 1.00% Terrace Waterproofing 1.00% Lift & Water Pumps 5.00% Electrical Fittings 5.00% Possession after OC 5.00% Total : 100.00% The above described schedule of payment being standard under norms of RERA, and payment of which shall be subject to mutual and amicable terms and condition as agreed between the Promoter and the Purchaser/s and may vary / differ on case to case basis for every Sale deal. 1 (d) The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by way of Goods and Service Tax and Cess or any other similar taxes which may be levied, in connection with the Page 9 of 36 construction of and carrying out the Project payable by the Promoter) up to the date of handing over the possession of the said Flat / Shop. Further it is specifically intimated by the Promoter to the Purchaser that it will be liability and responsibility of the Purchaser to deduct Income Tax in form of Tax Deducted at Source (TDS) at the rate of one percent, to oblige section 194 IA of Income Tax Act, 1961. 1 (e) The above instalments shall be paid by the Purchaser/s to the Promoter, within 7 days from the same becoming due irrespective of receipt of Demand Letter, Intimation / Notice from the Promoter. The time for payment of each of the aforesaid instalments of consideration shall be of the essence of this Agreement / Contract. The Promoter may, at their sole discretion, provide grace period of 7 days after the intimated due date before applying interest for delay in making payment towards due instalment. Non-receipt or loss of Demand Letter, Intimation / notice from the Promoter shall not be a valid excuse for non-payment or default by the Purchaser/s in making payment of any of the aforesaid instalments. 1(f) If the Purchaser/s makes default in payment of any of the instalment on its due date then the Promoter at its option be entitled to; [a] treat such default as a breach of this Agreement and terminate the Agreement and forfeit the earnest money paid by the Purchaser/s or [b] permit the Purchaser/s to pay the instalment in arrears with interest thereon at rate as defined under Section 19 (6) and (7) of Maharashtra Real Estate (Regulation and Development) Act, 2016 (RERA) and Rule 18 of Rules, 2017 thereunder, which shall be 2% more than the current highest Marginal Cost of Landing Rate of State Bank of India, for the period of delay on the amount due and payable by the Purchaser/s. [c] PROVIDED THAT the Promoter shall refund to the Purchaser/s, the received amount, after deducting 10% of total value consideration Page 10 of 36 towards facilitation, documentation and service charges and the Promoter shall not be liable to pay to the Purchaser/s any interest as mutually agreed by both the parties to this presents. The payment of refund shall be precisely defined under ‘Refund Policy’, which shall be under provision of RERA. Upon the termination of this Agreement and after paying the mutually decided amount of refund, the Purchaser/s shall have no claim over the said Flat / Shop and the Promoter shall be at the liberty to dispose of and sell the said Flat / Shop to such person and at such price as the Promoter may in their absolute discretion deem fit. 1(g) The Purchaser/s shall request to the Promoter to issue No Objection Certificate and/or such other writings as may be required by the Purchaser/s to submit to the Bank / Financial Institution, to avail the loan facility, exclusively for the purpose to purchase the said Flat / Shop and the Promoter shall accede the request of the Purchaser/s subject to perusal and prior approval of the said writing / NOC by the Management / Advocate of the Promoter. 1(h) The Purchaser/s has agreed and undertaken to immediately forward to the Promoter, all amount that have been disbursed by the Bank / Financial Institution on account of loan of the Purchaser/s, towards sale consideration without any demur and delay, being one of the essence of this presents. 1(i) Till full and final payment of entire sale consideration alongwith interest and all other charges by the Purchaser as per demand of the Promoter, the Promoter shall have first charge over the said Flat / Shop and supersede others in case of any dispute or interpretation of this agreement. 1(j) Notwithstanding with the aforesaid if the Purchaser/s fails to forward the disbursed loan amount to the Promoter, as aforesaid or causes delay or fails to endeavor to convince the Bank / Financial Institution to release the sanctioned loan amount towards sale consideration in stage wise manner Page 11 of 36 as aforesaid or misappropriate any or all the amounts so received from the Bank / Financial Institution, the Promoter shall initiate legal action under provisions of RERA, civil and/or criminal action against the Purchaser/s entirely at Purchaser/s risk as to cost and consequences. Further the Promoter shall have right to immediately terminate this presents & / or any other writings executed till such date in respect of the said Flat / Shop and forfeit the applicable amounts received from the Purchaser/s. 1(k) The Total Price is escalation-free, save and except escalations/increases, due to increase on account of development charges payable to the competent authority and/or any other increase in charges which may be levied or imposed by the competent authority Local Bodies / Government from time to time. The Promoter undertakes and agrees that while raising a demand on the Purchaser/s for increase in development charges, cost, or levies imposed by the competent authorities etc., the Promoter shall enclose the said notification/order/rule/regulation published/issued in that behalf to that effect along with the demand letter being issued to the Purchaser/s, which shall only be applicable on subsequent payments. 1 (l) The Promoter shall confirm the final carpet area that has been allotted to the Purchaser/s 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 (under definition of RERA, 2016), subject to a variation cap of three percent. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Purchaser/s 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 Purchaser/s. If there is any increase in the carpet area allotted to Purchaser/s, the Promoter shall demand additional amount from the Purchaser/s as per the next milestone of the Payment Plan. All these monetary adjustments Page 12 of 36 shall be made at the same rate per square meter as agreed in Clause 1 (a) of this Agreement. 1 (m) The Purchaser/s authorizes the Promoter to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if any, in his/her name as the Promoter may in its sole discretion deem fit and the Purchaser/s undertakes not to object/demand/direct the Promoter to adjust his payments in any manner. 2.1 The Promoter hereby agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions if any, which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and shall, before handing over possession of the Flat / Shop to the Purchaser/s, obtain from the concerned local authority occupancy and/or completion certificates in respect of the Flat / Shop. 2.2 Time is essence for the Promoter as well as the Purchaser/s. The Promoter shall abide by the time schedule for completing the project and handing over the Flat / Shop to the Purchaser/s and the common areas to the existing Society after receiving the occupancy certificate or the completion certificate or both, as the case may be. Similarly, the Purchaser/s shall make timely payments of the instalment and other dues payable by him/her and meeting the other obligations under the Agreement subject to the simultaneous completion of construction by the Promoter as provided in clause 1 (c) herein above. ("Payment Plan"). 3. The Promoter hereby declares that the Floor Space Index available as on date in respect of the project land is as per Rules under DCPR- 2034 and Promoter has planned to utilize further Floor Space Index 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, time being in force, or based on expectation of increased FSI which may be available in future on modification to SRA and/or Development Control & (Promotion) Page 13 of 36 Regulations - 2034, which are applicable to the said Project. The Promoter has availed benefit of the Floor Space Index as proposed to be utilized by him on the project land in the said Project and Purchaser/s has agreed to purchase the said Flat / Shop based on the proposed construction and sale of Flat / Shops to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the all proposed FSI shall belong to Promoter only for which the Purchaser/s grant his/her/their consent and permission and further that since no personal interests shall be affected in any adverse manner, a separate consent shall not be required by the Promoter and/or on insistence of competent authority, the said Purchaser/s shall unconditionally endorse their signature that may be required on any such document, application, resolution, consent, permission, whatever in form, without any delay. 4.1 If the Promoter fails to abide by the time schedule for completing the project and handing over the Flat / Shop to the Purchaser/s, the Promoter agrees to pay to the Purchaser/s, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Purchaser/s, for every month of delay, till the handing over of the possession. The Purchaser/s agrees to pay to the Promoter, interest as specified in the Rule, on all the delayed payment which become due and payable by the Purchaser/s to the Promoter under the terms of this Agreement from the date the said amount is payable by the Purchaser/s (s) to the Promoter. 4.2 Without prejudice to the right of promoter to charge interest in terms of sub clause 4.1 above, on the Purchaser/s committing default in payment on due date of any amount due and payable by the Purchaser/s to the Promoter under this Agreement (including his/her/their proportionate share of taxes levied by concerned local authority and other outgoings) and on the Purchaser/s committing three defaults of payment of instalments, the Promoter shall at his own option, may terminate this Page 14 of 36 Agreement: Provided that, Promoter shall give notice of fifteen days in writing to the Purchaser/s, by Registered Post AD at the address provided by the Purchaser/s and/or mail at the e-mail address provided by the Purchaser/s, of his intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Purchaser/s fails to rectify the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, promoter shall be entitled to terminate this Agreement under Section 11 (5) of RERA. Provided further that upon termination of this Agreement as aforesaid, the Promoter shall refund to the Purchaser/s (subject to adjustment and recovery of any agreed liquidated damages, amount of forfeiture and/or any other amount which may be payable to Promoter), the realised amounts of instalments towards sale consideration of the Flat / Shop, which may till then have been paid by the Purchaser/s to the Promoter, in accordance with the mutually agreed refund policy formulated by both parties in considerable views of provisions made under section 4 (2) (l) (d), w.r.t. Rule 5 and Rule 19 of RERA and under the circumstances of termination, no provisions under Section 18 of RERA, shall be applicable to make complaint against the Promoter. 5. The fixtures and fittings with regard to the flooring and sanitary fittings and amenities to be provided by the Promoter in the said building and the Flat / Shop as are set out in ‘List of Amenities and Facilities’ annexed and marked hereto as ‘Annexure-I’, 6. The Promoter shall give possession of the Flat / Shop to the Purchaser/s on or before 31 st December, 2025. If the Promoter fails or neglects to give possession of the Flat / Shop to the Purchaser/s on account of reasons beyond his control and of his agents by the aforesaid date then the Promoter shall be liable, on demand of the Purchaser/s, to Page 15 of 36 refund to the Purchaser/s the amounts already received by him in respect of the Flat / Shop with interest at the same rate as may mentioned in the clause 4.1 herein above from the date the Promoter received the sum till the date the amounts and interest thereon is repaid. Provided that the Promoter shall be entitled to reasonable extension of time for giving delivery of Flat / Shop on the aforesaid date, if the completion of building in which the Flat / Shop is to be situated is delayed on account of; (i) war, civil commotion or act of God; (ii) any notice, order, rule, notification of the Government and/or other public or competent authority / court. (iii) change, stay, stop-work notice issued / notified by any competent authority including but not limited to SRA, MCGM, Aviation, Environment, Judicial Court, whoever in authority empowered under constitutional norms by issuing any order, gazette, circular, ruling, whatsoever in form. (iv) Non-availability of building / construction materials and skilled labour force 7.1 Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate from the competent authority and the payment made by the Purchaser/s a s pe r t he a gre e m en t sha ll of f e r in writ in g t h e po sse ssio n of th e Flat / Shop, to the Purchaser/s in terms of this Agreement to be taken within 7 (Seven) Days from the date of issue of such notice and the Promoter shall give possession of the Flat / Shop to the Purchaser/s. The Promoter agrees and undertakes to indemnify the Purchaser/s in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Purchaser/s agree(s) to pay the maintenance charges as determined by the Promoter or association of Purchaser/s, as the case may be. The Promoter on its behalf shall offer the possession to the Page 16 of 36 Purchaser/s in writing within 7 days of receiving the occupancy certificate of the Project. 7.2 The Purchaser/s shall take possession of the Flat / Shop within 7 days of the written notice from the promoter to the Purchaser/s intimating that the said Flat / Shops are ready for use and occupancy: 7.3 Failure of Purchaser/s to take Possession of Flat / Shop: Upon receiving a written intimation from the Promoter as per clause 7.1, the Purchaser/s shall take possession of the Flat / Shop from the Promoter by executing necessary indemnities, undertakings and such other documentation as prescribed in this Agreement, and the Promoter shall give possession of the Flat / Shop to the Purchaser/s. In case the Purchaser/s fails to take possession within the time provided in clause 7.1, such Purchaser/s 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 Flat / Shop to the Purchaser/s, the Purchaser/s brings to the notice of the Promoter any structural defect in the Flat / Shop or the building in which the Flat / Shop are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Purchaser/s shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and further, on the other hand, the Purchaser/s hereby confirm, declare and undertake not to carry out any interior and/or civil work or any repairs / renovation work, especially related to plumbing and/or sanitary work, tiling and/or kitchen platform work, concealed electrical work, bricks and/or plaster work, whether internal or external, whatsoever in nature, in the said Flat / Shop premises, without prior written permission of the Promoter and even the Society shall seek written permission from the promoter before carrying out any such civil repair/renovation work, till validity of defect liability period of 5 (five) years Page 17 of 36 and in case of failure in seeking written permission by any Purchaser/s and/or said Society, the Promoter shall not be responsible to bear cost / expenses for the defect/s and shall not liable for any compensation / , whatsoever in nature. 7.5 It is specifically intimated by the Promoter to the Purchaser that the maintenance charges shall become applicable from the month of taking over of fit-out possession of the said Flat / Shop by the Purchaser/s or from immediate next / succeeding month of intimation of the Promoter to the Purchaser to take over the physical possession of the said Flat / Shop, which shall be irrespective of physical possession taken by the Purchaser/s. 8. The Purchaser/s shall use the Flat / Shop or any part thereof or permit the same to be used only for purpose of residence / office / show-room / shop / godown. He shall use the garage or parking space only for purpose of keeping or parking vehicle. 9. The Purchaser/s after receiving the possession from the Promoter, shall make application for membership for becoming a member of the said Society. 9.1 The Promoter shall, within three months of handing over of possession of the last sold/allotted Flat / Shop, shall arrange for hassle-free membership of the Purchaser/s in the said Society and shall request the said Society to allot the Shares in the favour of the said Purchaser/s. 9.2 Within 7 days after notice in writing is given by the Promoter to the Purchaser/s that the Flat / Shop is ready for use and occupancy, the Purchaser/s shall be liable to bear and pay the proportionate share (i.e. in proportion to the carpet area of the Flat / Shop) of outgoings in respect of the project land and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, security guards, sweepers and all other expenses Page 18 of 36 necessary and incidental to the management and maintenance of the project land and building/s. Until the Society or Limited Company is formed and the said structure of the building/s or wings is transferred to it, the Purchaser/s shall pay to the Promoter such proportionate share of outgoings as may be determined. The Purchaser/s further agrees that till the Purchaser/s's share is so determined the Purchaser/s shall pay to the Promoter provisional monthly contribution of Rs. _ _ _ _ _ _ _ _ per month towards the outgoings. The amounts so paid by the Purchaser/s to the Promoter shall not carry any interest and remain with the Promoter until a conveyance/assignment of lease of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing, the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. 10. The Purchaser/s shall on or before delivery of possession of the said Flat / Shop premises keep deposited with the Promoter, the following Non-Refundable amounts: Sr. Particulars Amount (Rs.) 1 Towards Share Money and Entrance Fees for membership of the said Society (Rs. 500/- + Rs. 100/- per prospective member) 2 Towards proportionate contribution for providing facility of Club House and/or Gymnasium 3 Towards Water, PNG Gas and Electric connection charges 4 Towards Legal Costs for drafting Agreements for Sale, Legal Correspondence, Society Formation Documentation and Conveyance Deed 5 Towards advance payment of Maintenance charges for the period of 12 months from the date Page 19 of 36 of possession including Municipal Property Tax 6 Towards proportionate costs of RERA Compliance for the project 8 Towards Development and Infrastructure Charges Total Rs. 11. REPRESENTATIONS AND WARRANTIES OF THE PROMOTER The Promoter hereby represents and warrants to the Purchaser/s as follows: i. The Promoter has clear and marketable title with respect to the project land; as d e cla re d in t h e t i t l e r e p o rt a n ne xe d t o th is a gre e m en t a nd has t h e requisite rights to carry out development upon the project land and also has actual, physical and time-being legal possession of the project land for the implementation of the Project; ii. The Promoter has lawful rights and requisite approvals from the competent Authorities to carry out development of the Project and shall obtain requisite approvals from time to time to complete the development of the project; iii. There are no encumbrances upon the project land or the Project except those disclosed in the title report; iv. There are no litigations pending before any Court of law with respect to the project land or Project except those disclosed in the title report; v. All approvals, licenses and permits issued by the competent authorities with respect to the Project, project land and said building/wing are valid and subsisting and have been obtained by following due process of law. Further, all approvals, licenses and permits to be issued by the competent authorities with respect to the Page 20 of 36 Project, project land and said building/wing shall be obtained by following due process of law and the Promoter has been and shall, at all times, remain to be in compliance with all applicable laws in relation to the Project, project land, building and common areas; vi. The Promoter has the right to enter into this Agreement and has not committed or omitted to perform any act or thing, whereby the right, title and interest of the Purchaser/s created herein, may prejudicially be affected; vii. The Promoter has not entered into any agreement for sale and/or development agreement or any other agreement / arrangement with any person or party with respect to the project land, including the Project and the said Flat / Shop which will, in any manner, affect the rights of Purchaser/s under this Agreement; viii. The Promoter confirms that the Promoter is not restricted in any manner whatsoever from selling the said Flat / Shop to the Purchaser/s in the manner contemplated in this Agreement; ix. At the time of execution of the re-conveyance deed, if any, of the said building to the Society, the Promoter shall handover lawful, vacant, peaceful, physical possession o f a l l c o m m o n a r e a s o f t h e Project; x. The Promoter has duly paid and shall continue to pay and discharge undisputed governmental dues, rates, charges and taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the said project to the competent Authorities; xi. No notice from the Government or any other local body or authority or any legislative enactment, government ordinance, order, notification (including any notice for acquisition or requisition of the said property) has been received or served upon the Promoter in Page 21 of 36 respect of the project land and/or the Project except those disclosed in the title report. 12. The Purchaser/s or himself/themselves with intention to bring all persons into whosoever hands the Flat / Shop may come, hereby covenants with the Promoter as follows: i. To maintain the Flat / Shop at the Purchaser/s's own cost in good and tenantable repair and condition from the date that of possession of the Flat / Shop is taken and shall not do or suffer to be done anything in or to the building in which the Flat / Shop 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 Flat / Shop is situated and the Flat / Shop itself or any part thereof without the consent of the local authorities, if required. ii. Not to store in the Flat / Shop 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 Flat / Shop 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 Flat / Shop is situated, including entrances of the building in which the Flat / Shop is situated and in case any damage is caused to the building in which the Flat / Shop is situated or the Flat / Shop on account of negligence or default of the Purchaser/s in this behalf, the Purchaser/s shall be liable for the consequences of the breach. iii. To carry out at his own cost all internal repairs to the said Flat / Shop and maintain the Flat / Shop in the same condition, state and order in which it was delivered by the Promoter to the Purchaser/s and shall not do or suffer to be done anything in or to the building in which the Flat / Shop is situated or the Flat / Shop which may be Page 22 of 36 contrary to the rules and regulations and bye-laws of the concerned local authority or other public authority. In the event of the Purchaser/s committing any act in contravention of the above provision, the Purchaser/s 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 Flat / Shop 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 Flat / Shop or any part thereof, nor any alteration in the elevation and outside colour scheme of the building in which the Flat / Shop is situated and shall keep the portion, sewers, drains and pipes in the Flat / Shop 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 Flat / Shop 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 Flat / Shop without the prior written permission of the Promoter and/or the Society or the Limited Company. 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 Flat / Shop 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 Flat / Shop in the compound or any portion of the project land and the building in which the Flat / Shop is situated. vii. Pay to the Promoter within seven days of demand by the Promoter, his share of security deposit demanded by the concerned local Page 23 of 36 authority or Government or giving water, electricity or any other service connection to the building in which the Flat / Shop is situated. i. 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 Flat / Shop by the Purchaser/s for any purposes other than for purpose for which it is sold. ii. The Purchaser/s shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Flat / Shop until all the dues payable by the Purchaser/s to the Promoter under this Agreement are fully paid up. iii. The Purchaser/s shall observe and perform all the rules and regulations which the Society may adopt at any time 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 Flat / Shops therein and for the observance and performance of the Rules, Regulations and Bye-laws for the time being of the concerned local authority and of Government and other public bodies. The Purchaser/s shall also observe and perform all the stipulations and conditions laid down by the Society regarding the occupancy and use of the Flat / Shop 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. iv. Till completion of five years for defect liability of the building in which Flat / Shop is situated the Society and/or the Purchaser/s shall permit the Promoter and their surveyors and agents, with or without workmen and others, at all reasonable times, to enter into and upon the said buildings or any part thereof to view and examine the state and condition thereof. Page 24 of 36 Further, to comply with the specifications put-forth by the competent Municipal authority, while approving the proposal, following terms have been categorically, expressly and essentially agreed and understood and to be observed and performed by the Purchaser/s, upon becoming members of the said Society. v. That after handing over the possession of respective Flat / Shops to existing / proposed society members / prospective Purchaser/s / prospective society / end user of the building, all necessary repairs / structural audit / fire audit shall be carried out at regular intervals at the cost and expenses of the Society / mutually contribution by the members of the said Society. vi. That the prospective Purchaser/s / existing tenants shall keep indemnifying the SRA / MCGM & its officers in future against failure of mechanical parking system or the nuisance due to the mechanical system to the adjoining building. vii. That a full time trained attendant shall be appointed by the Society / its members, for faithful compliance of safety measures & safety of user of the building. viii. That prospective Purchaser/s / existing tenants shall not complaint / object about the inadequate maneuvering space of car parking in the proposed building. ix. That the prospective Purchaser/s has been informed and he/she/they is/are well aware that building under reference is open space deficient and he/she/they will not hold liable either Promoter or SRA / M.C.G.M. for the same now or in future. x. That the prospective Purchaser/s agrees that he/she/they agree/s for no objection for the neighbourhood development with deficient open space now or in future. xi. That the prospective Purchaser/s agrees that he/she/they will not held either Promoter or SRA / M.C.G.M. liable for proposed Page 25 of 36 inadequate / sub-standard sizes of rooms in future and complaints of whatsoever in nature will not be made. 13. The Promoter shall maintain a separate account in respect of sums received by the Promoter from the Purchaser/s as advance or deposit, sums received on account of the share capital for the promotion of the Co-operative Society or association or Company or Towards the out goings, legal charges and shall utilize the amounts only for the purposes for which they have been received. 14. The use / utilisation of the common amenities provided to the Sale component i.e. project ‘BKC crown’, more specifically known as wing B and C of the project, shall be considered as exclusively provided to the new purchasers and/or members of new Society / legal entity to be formed for wing B and C and any access to the said common amenities by any third party shall be with prior permission of the said new Society / legal entity to be formed. It is further agreed that all Basement/s meant for parking purpose are common for both components of Rehab and Sales, shall be shared by all unit holders as allotted / arranged by the Promoter at their discretion under the norms of plan passing permission/s. 15. Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Flat / Shops or of the said Plot and Building or any part thereof. The Purchaser/s shall have no claim save and except in respect of the Flat / Shop hereby agreed to be sold to him/her/them and all open spaces, parking spaces, lobbies, staircases, terraces, recreation spaces, will remain the property of the Promoter until the said structure of the building is transferred to the Society as hereinbefore mentioned. 16. PROMOTER SHALL NOT MORTGAGE OR CREATE A CHARGE After the Promoter executes this Agreement he shall not mortgage or create a charge on the building and if any such mortgage or charge is made or created then notwithstanding anything contained in any other Page 26 of 36 law for the time being in force, such mortgage or charge shall not affect the right and interest of the Purchaser/s who has taken or agreed to take such Flat / Shop. 17. BINDING EFFECT Forwarding this Agreement to the Purchaser/s by the Promoter does not create a binding obligation on the part of the Promoter or the Purchaser/s until, firstly, the Purchaser/s signs and delivers this Agreement with all the schedules along with the payments due as stipulated in the Payment Plan within due date of such payment as specified by the Purchaser/s and secondly, appears for registration of the same before the concerned Sub-Registrar as and when intimated by the Promoter. It will be liability and responsibility to deliver the Agreement duly making payment towards appropriate Stamp Duty with readiness to appear with concerned registering authority and in case of failure / delay by the Purchaser/s to execute and register this Agreement, he/she/they shall always be liable to make timely payments Towards all demands made by the said Promoter Towards agreed purchaser value of the said Flat / Shop as per payment plan. 18. 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 dealing of the said Flat / Shop. 19. RIGHT TO AMEND This Agreement may only be amended through written consent of the Parties. 20. PROVISIONS OF THIS AGREEMENT APPLICABLE TO PURCHASER/S AND/OR ALL SUBSEQUENT PURCHASER/S Page 27 of 36 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 Purchaser/s of the Flat / Shop, in case of a transfer, as the said obligations go along with the Flat / Shop for all intents and purposes. 21. SEVER ABILITY 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. 22. METHOD OF CALCULATION OF PROPORTIONATE SHARE WHEREVER REFERRED TO IN THE AGREEMENT Wherever in this Agreement it is stipulated that the Purchaser/s has to make any payment, in common with other Purchaser/s in Project, the same shall be in proportion to the carpet area of the Flat / Shop to the total carpet area of all the Flat / Shops in the Project calculated proportionately for wing A (of Ashtavinayak SRA Co-op. Hsg. Soc. [Proposed]) and wing B and C (of BKC Crown). 23. 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 Page 28 of 36 or perfect any right to be created or transferred hereunder or pursuant to any such transaction. 24. PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the Promoter's Office, or at some other place, which may be mutually agreed between the Promoter and the Purchaser/s, in after the Agreement is duly executed by the Purchaser/s and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. Hence, this Agreement shall be deemed to have been executed at Mumbai. 25. The Purchaser/s and/or Promoter shall present this Agreement as well as the conveyance / assignment of lease at the proper registration office of registration within the time limit prescribed by the Registration Act and the Promoter will attend such office and admit execution thereof. 26. That all notices to be served on the Purchaser/s and the Promoter as contemplated by this Agreement shall be deemed to have been duly served if sent to the Purchaser/s or the Promoter by Registered Post A.D. and notified Email ID/Under Certificate of Posting at their respective addresses specified below: Notified Email ID of the Purchaser/s: Address: _____________________________ _____________________________ Email ID: _____________________________ The purchaser confirm/s the postal address/es for sake of communication, as mentioned above and herein first written above. Notified Email ID of the Promoter: _____________________________ Page 29 of 36 The Promoter confirm the postal address for sake of communication, as herein first written above. It shall be the duty of the Purchaser/s and the promoter to inform each other of any change in postal address / email ID, subsequent to the execution of this Agreement in the above email / postal address by Registered Post failing which all communications and letters posted at the above email and postal address shall be deemed to have been received by the promoter or the Purchaser/s, as the case may be. 27. JOINT PURCHASER/SS That in case there are Joint Purchaser/s all communications shall be sent by the Promoter to the Purchaser/s 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 Purchaser/ss. 28. Stamp Duty and Registration The charges Towards stamp duty and Registration of this Agreement shall be borne by the Purchaser/s. 29. 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 Conciliation Forum formed under MahaRERA or the MahaRERA Authority as per the provisions of the Real Estate (Regulation and Development) Act, 2016, Rules and Regulations, thereunder. 30. Grievance / Complaint against Promoter: It is categorically agreed by parties of all parts that in the event of any grievance / complaint against the Promoter / Promoter, related to present covenant and/or concerned to the deal between the parties, the aggrieved Allottee / Purchaser may observe following manner at his/her/their discretion: a. As first approach, the aggrieved Allottee / Purchaser shall communicate in writing, directly with the Promoter, seeking corrective action or written Page 30 of 36 justification / explanation for the grievance, by providing specific time-line to the Promoter and the Promoter agree to attend such grievance within prescribed time-line. b. In the circumstances of being no corrective action by the Promoter or being not convinced by the justification/explanation as provided by the Promoter, the aggrieved Allottee / Purchaser may make online complain to the ‘Conciliation Forum’, as recognised / established by the MahaRERA Authority and follow the prescribed ‘Procedure of Conciliation’. The Promoter agree to attend the hearing of ‘Conciliation Forum’, without further delay. c. Further, the dispute between the parties does not settle with the decision taken at hearing of ‘Conciliation Forum’, the aggrieved Allottee / Purchaser may make online complaint with MahaRERA Authority, wherein both the parties need to oblige with the Ruling passed by the designated competent authority being Chairman, Member and/or Adjudicating Officer of MahaRERA. d. In the final attempt, in the circumstances, if any of the parties being not accepting the Ruling / Judgement passed by the designated Chairman / Member and/or Adjudicating Officer of MahaRERA, then either party shall be free to approach to MahaRERA Appellate Tribunal in the prescribed manner to seek justifiable resolution of the issue / grievance. 31. GOVERNING LAW That the rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with the laws of India for the time being in force and the courts will have the jurisdiction for this Agreement. 32. Miscellaneous Terms and Conditions a. The Promoter and the Purchaser/s hereby agree to observe, perform and comply with all the terms, conditions, stipulations and restrictions, Page 31 of 36 if any, which may have been imposed by the concerned local authority at the time of sanctioning the said plans or thereafter and the Promoter shall obtain from the Competent Authority Occupation Certificate permitting occupation of the said Flat / Shop. b. The Promoter alone shall be entitled to sell / allot Flat / Shops, parking spaces and other premises in the said land for any permissible use for such consideration and on such terms as it may deem expedient. The Promoter shall be entitled to enter into agreements with other Purchaser of Flat / Shops on such terms and conditions as the Promoter may deem fit without affecting or prejudicing the rights of the Purchaser/s under this Agreement. c. Subject to what is stated herein, possession of the said Flat / Shop shall be granted to the Purchaser/s only after the Purchaser/s shall have duly paid the entire consideration in respect of the said Flat / Shop and all other amounts payable under this Agreement or otherwise to the Promoter and shall have complied with all the terms and conditions of this Agreement. d. If due to non-availability of cement, steel or other building material and / or due to any act of God such as earthquake, floods or any other natural calamity, act of enemy, war, civil commotion or non-grant of or connection of services such as electricity, water or drainage or occupation certificate etc. by the concerned competent authorities or as a result of any other cause beyond the control of the Promoter, the Promoter is unable to complete the said building and / or give possession of the said Flat / Shop to the Purchaser/s by the aforesaid date, as per the provisions of RERA, then if mutually agreed upon between the parties to terminate this Agreement, this Agreement shall stand terminated and the Promoter shall be liable on demand to refund to the Purchaser/s, all amounts received from the Purchaser/s under this agreement including amounts Towards consideration of the Page 32 of 36 said Flat / Shop under this Agreement together with interest at prescribed rate under rules of RERA, from the date/s of receipt of the sum till such amount is repaid. PROVIDED THAT the Promoter shall be entitled to reasonable extensions of time for giving delivery of possession of the said Flat / Shop on the aforesaid date, if the completion of the said building in which the said Flat / Shop is to be situated, is delayed on account of, including but not limited to any of following cause, reason: i. non-availability of steel, cement, other building materials, water or electric supply. ii. war, civil commotion or act of God; iii. any notice, order, rule, notification of the Government and / or public or competent authority; iv. non-receipt of any of the requisite permissions from any competent authority affecting in any manner whatsoever layout of the said property, or construction or occupation of the said building in which the said Flat / Shop is to be situated. 33. The legal jurisdiction for any dispute between the parties herein for the deal of the said Flat / Shop, shall be MahaRERA authority at Mumbai and court of law located within territories of Mumbai only. Page 33 of 36 Schedule of the Property All those pieces and parcels of the Plot of Land bearing CTS No. 82, 82 (1 to 49), admeasuring 2215.20 Sq. Mtrs. of Village Kurla-IV of Taluka Kurla in the registration District and Sub-District of Mumbai Suburban, lying and situate at ‘L’ ward, Behind New Mill Compound, Hutatma Keluskar Marg, Kurla (West), Mumbai – 400070. Page 34 of 36 IN WITNESS WHEREOF parties hereinabove named have set their respective hands and signed this Agreement for sale at Mumbai, in the presence of attesting witness, signing as such on the day first above written. SIGNED AND DELIVERED BY } THE WITHIN NAMED PROMOTER } Mr. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ } (Authorised Signatory of M/s. Shreeji Properties) } In presence of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ } ___________________________ } } SIGNED AND DELIVERED BY } THE WITHIN NAMED PURCHASER/S } (1) _____________________ } (2) _____________________ } in the presence of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ } _________________________ } Page 35 of 36 RECEIPT Received of and from the Purchaser/s above named the sum of Rupees _ _ _ _ _ _ on execution of this agreement Towards Earnest Money Deposit or Application Fee in the manner as mentioned below Cheque No. Amount (Rs.) Date Bank / Branch Total I say received. The Promoter/s. ********END OF MODEL FORM OF AGREEMENT******** NOTE: This is to convey and communicate to the prospective Allottee / Purchaser that the latest modified drafts of ‘Allotment Letter’ and ‘Agreement for Sale’ alongwith all Schedules and prescribed Annexures, are available at our office, which has been updated under purview of RERA, 2016, its Rules, 2017, applicable rulings / judgements passed by MahaRERA, Notification and Circulars as notified by MahaRERA and all concerned competent authorities. All other property related documents are also available at our administration office. Therefore, interested stakeholder may contact to our office for further assistance before execution / acceptance of the same. Page 36 of 36