Rera Afs La - Montana PH 2 04082017 Final
Rera Afs La - Montana PH 2 04082017 Final
Rera Afs La - Montana PH 2 04082017 Final
BETWEEN
TATA VALUE HOMES LIMITED (PAN CARD NO. __________), a Company duly incorporated and
registered under the Companies Act 1956, and under the provisions of the Companies Act, 2013,
having its registered office at 12th Floor, Times Tower, Kamala Mills Compound, Senapati Bapat Marg,
Lower Parel, Mumbai 400 013, represented by its authorised signatory, (AADHAR NO.
______________), authorized vide board resolution/letter of authority/power of attorney dated________
(hereinafter referred to as the “Promoter”, which expression shall unless it be repugnant
to the context or meaning thereof be deemed to mean and include its successors and permitted
assigns) of the FIRST PART;
AND
(FOR INDIVIDUALS)
Mr./Ms./Mrs._______________________________________ (PAN CARD NO. __________) son/ daughter of
__________, aged about _____________, residing at
__________________________________________________________________________ having (AADHAR NO.
______________)
OR
(FOR FIRMS)
M/s.__________________________________________ (PAN CARD NO. __________), a partnership/
proprietorship firm duly registered and having its principal place of business at
______________________________________________________________ ________________________________________
represented by its authorised Partner, _________ (AADHAR NO. ______________), vide ________
OR
(FOR COMPANIES)
Page 2 of 68
JOINTLY WITH*
Mr./Ms./Mrs._______________________________________ (PAN CARD NO. __________) son/ daughter of
__________, aged about _____________, residing at
__________________________________________________________________________(AADHAR NO.
______________)
The expressions, the “Promoter” and the “Allottee(s)” are hereinafter individually referred to as
the “Party” and jointly as the “Parties”.
In this Agreement, unless the context requires otherwise reference to the singular includes a
reference to the plural and vice versa.
WHEREAS:
PROMOTER ALLOTTEE(S)
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agricultural land or ground bearing survey no. 126/2 admeasuring 3 Hectares 47Ares, survey
no. 133 admeasuring 1 Hectares 99.5 Ares, survey no. 134/4C admeasuring 1 Hectares 05
Ares and survey no. 134/4A/2 admeasuring 0 Hectares 21 Ares and registered Deed of
Conveyance dated 8 March 2010 (Document No.MVL-01702-2010) executed between Dr.
Suresh Chandanmal Sanghvi (as Vendor therein) and M/s APL Developers (as a Confirming
Party) and Smart Value Homes Private Limited (as Purchaser therein) [now renamed as Tata
Value Homes Ltd. (the Promoter herein)], purchased all that piece and parcel of non-
agricultural land or ground bearing survey no. 133 (pt) admeasuring 1 Hectares 51.5 Ares.
Pursuant to the above Conveyance Deeds, the Promoter is now absolutely seized and
possessed of and otherwise well and sufficiently entitled to several pieces and parcels of
lands bearing survey numbers 126/2, 133, 134/4C and 134/4A/2 collectively admeasuring
82,400 sq. mtrs or its thereabouts along with all the trees, wells, and other easement rights,
lights, plants, liberties, privileges, advantages situate at Old Mumbai Pune Expressway,
Vadgaon 412106, Pune District, Maharashtra, more particularly described in First Schedule
hereto and hereinafter referred to as the “said Larger Property”. A copy of the
authenticated approved plan of the said Larger Property delineated in bold boundary line is
annexed hereto as “Annexure A”.
B. The Promoter has commenced developing the said Larger Property in various phases. The
Promoter has completed the construction of Phase I and Phase II development on the said
Larger Property. The Promoter has constructed Phase II on land area of 9843.08 sq. mtrs.
(including area of 1567.7 sq. mtrs. hereinafter referred to as “Building Area”), part of the said
Larger Property, more particularly described in Second Schedule hereto and hereinafter
referred to as the “said Land”, under a new phase (hereinafter referred to as the “Phase II
Project”). The said Phase II Project is comprising of a multi storeyed building/s and
structures thereon consisting of flats, apartments, tenements, units and premises of all kinds,
for residential, and/or any other authorized use, together with provision of parking spaces
and other necessary amenities and services thereto, for the purpose of selling, leasing or
otherwise transferring the same to prospective purchasers, lessees and other transferees, at
his own risk and responsibility. A copy of the authenticated approved plan highlighting the
said Building Area within the said Larger Property in hatched lines, is annexed hereto as
“Annexure B”.
PROMOTER ALLOTTEE(S)
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C. The Promoter has completed the development of the Phase II Project only after getting the
approvals, permissions, plans etc. from the competent authorities. Details of final plans,
specifications and approvals etc. for the Phase II Project as also as mentioned in “Annexure
C”. Further, the Promoter has obtained necessary approvals from the competent authorities
for use and occupation for Phase II Project, post completion of construction.
D. The Promoter was earlier formerly known as Smart Value Homes Limited. The fresh
certificate of incorporation consequent upon change of name has been provided by the
Registrar of Companies (ROC) Maharashtra, Mumbai on 30 September, 2013.
E. The Promoter has received approval and sanction from the concerned local authority, being
the NA Order of the District Collector, Pune bearing no. PMA/NA/SR/174/10 dated 5 March,
2011 and PMA/NA/SR/213/12 dated 21 November, 2012 for the development of the said
Larger Property. The conditions laid down in the NA Orders are applicable and binding on
the said Larger Property and its occupants, including the Phase II Project. Pursuant to
completion of construction of the Phase II Project, the Promoter also received the
Occupation Certificate bearing no. BMA/MA-VADGAON/ No.474/Sr. No.126/2 & etc. issued
by Pune Metropolitan Regional Development Authority dated 22 August, 2016. The
authenticated copy of the said NA Orders and the Occupation Certificate are annexed hereto
and marked “Annexure D (Colly)”.
F. The Promoter has completed the construction of the Phase II Project which is consisting of
residential tenements, dwelling units and premises of all kinds, for residential, and/or any
other authorized use, together with provision of parking spaces and other necessary
common areas, amenities, clubhouse and services thereto. The Phase II Project consists of
the following building/s :-
Tower type Tower C4 Tower C5 Tower C6 Tower C7
Floor 12 12 12 12
Stilt 1 1 1 1
Basement 1 1 0 0
G. The Promoter has entered into an agreement with an Architect M/s. VK:a architecture, having
its address at 73/2, Bhakti Marg, off Law College Road, Pune, 411004, who is registered with
the Council of Architects.
PROMOTER ALLOTTEE(S)
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H. The Promoter has appointed a structural Engineer Dr. Kelkar Designs Pvt. Ltd., having its
address at 610, Keshava, Bandra Kurla Complex, Mumbai 400 051, for the preparation of the
structural design and drawings of the building/s in the said Phase II Project.
I. The authenticated copies of Certificate of Title dated 5 March, 2010 issued by Advocate M/s
Dua Associates of the Promoter along with the list of encumbrances on the Phase II Project
annexed hereto and marked as “Annexure E (colly)”. Authenticated copies of Property card
/ Index II showing the nature of the title of the Promoter to the said Land on which the
premises/ units/apartment are constructed or are to be constructed in the Phase II Project
have been marked as “Annexure F”. The Allottee(s) have verified and are satisfied with all
the title documents and deeds, which entitles the Promoter to allot premises/
units/apartment in the said Phase II Project.
J. The Allottee(s) confirms that they have chosen to invest in the said Phase II Project after
exploring all other options of similar properties available with other developers/ promoters
and available in re-sale in the vast and competitive market in the vicinity and further confirm
that the booking in this Phase II Project is suitable for their requirement and therefore has
voluntarily approached the Promoter for purchase of the Unit.
K. The Allottee(s) are offering to purchase with the full knowledge that the Promoter has
obtained all necessary approvals from the competent authorities for the development of the
said Land. The Allottee(s) have demanded from the Promoter and the Promoter has given
inspection to them the approvals, documents, plans and permissions as mentioned in
Annexure C and Annexure D (colly) and displayed at its offices all such approvals as
mentioned in Annexure C and Annexure D (colly).
L. At the time of booking, the Allottee(s) has been informed by the Promoter the payment
schedule, installments to be paid as the payment schedule agreed between the parties and
other payments related terms and conditions including but not limited to interest payable
on delayed payments and delayed possession. Upon agreeing and accepting the above, the
Allottee(s) has/have applied to the Promoter for allotment of such property (herein after
referred to as the said “Unit”) details of which, including unit number, the floor number,
carpet area, situated in such wing/ building/ tower (herein after referred to as the said
“Building”) more particularly detailed and described in “Annexure G” and Third Schedule,
along with pro-rata share in the common areas as defined under clause (n) of Section 2 of
the said Act. The Allottee(s) has made such application of booking through an Application
Form. On the basis of such above application, the Promoter has offered to the Allottee(s)
PROMOTER ALLOTTEE(S)
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the said Unit as per terms and conditions mentioned below. The authenticated copy of the
floor plan of the said Unit agreed to be purchased by the Allottee(s), as sanctioned and
approved have been annexed and marked as “Annexure H”. The Allottee(s) has agreed to
purchase the said Unit for the Sale Consideration as set out in “Annexure I” mentioned
herein, along with such additional deposits and list of other outgoings being listed out
therein (hereinafter referred to as the said “Additional Outgoings”). The amounts
mentioned in Annexure I are exclusive of all taxes, charges, levies, duties, cess etc., including
but not limited to service tax, VAT, TDS, GST and its effect, Krishi Kalyan Cess, Swach Bharat
Cess, Land under construction tax, Local body tax, External development charges,
infrastructure development charges (like water, electricity and sewerage connection charges
and all deposits payable to the concerned authorities) and/ or all other direct/ indirect taxes/
duties, impositions, stamp duty charges, registration charges, both present and future,
applicable levied by the Central and/or State Government and/or any local, public or
statutory authorities/ bodies in respect of the Unit and/or the transaction contemplated
herein and/or in respect of the Sale Consideration and/or the other amounts shall be payable
by the Allottee(s). The quantum of such taxes, levies, duties, cesses, charges as
decided/quantified by the Promoter shall be binding on the Allottee(s). At the request of the
Allottee(s), the Promoter has agreed to permit the Allottee(s) to use the car park space/s as
mentioned in the Annexure G.
M. The list of amenities and specifications, including such fittings and fittings with the
suggested list of brands name or price range (if unbranded) to be provided by the Promoter
in the said Unit are set out in “Annexure J”, annexed hereto.
N. The Promoter is constructing and providing certain common area, amenities, facilities and
specifications (hereinafter referred to as the said “Amenities”) in the said Building, said
Phase II Project and said Larger Property, available for use and enjoyment of the Allottee(s)
of Phase II Project. Furthermore, these Amenities constructed by the Promoter in this phase
shall be used jointly by all the purchasers of the said Larger Property in the manner as may
be decided by the Promoter and the Allottee(s) shall not object to the same in any manner
whatsoever. The lists of such Amenities are provided in Annexure J. The stage wise time
schedule of development of these Amenities, including architectural and design standards
used and followed in the Phase II Project are also provided in Annexure J. The Allottee(s)
shall be entitled to use such Amenities, subject to the rules, regulations / guidelines framed
by the Promoter and / or the said Organisation (defined hereunder) as the case may be.
PROMOTER ALLOTTEE(S)
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O. On demand from the Allottee(s), the Promoter has given inspection to the Allottee(s) and/
or provided at its offices for the Allottee(s), the following documents :-
a. the details of the Amenities within the Phase II Project, Larger Property and of the said
Unit and such other relevant documents;
b. the stage wise time schedule of development and completion such Amenities as
mentioned above;
c. payment schedule, installments to be paid as the payment schedule agreed between the
parties and other payments related terms and conditions including but not limited to
interest payable on delayed payments, as mentioned in Annexure G and I.
d. details on the provisions of civic and infrastructure facilities such as, electricity, sewer,
sanitation, municipal water, external access roads to be provided by the concerned
government or Local Authority or body, viz Internal Development Works and the External
Development Works as mentioned in Annexure C.
P. The Allottee(s) acknowledges and confirms that the Promoter’s liability is limited to the said
Land and to what is committed to be constructed and delivered in the said Phase II Project.
The Promoter at its sole discretion can independently deal with the said Larger Property in
any manner whatsoever. The Allottee(s) has/have knowledge of the applicable laws,
notifications and rules applicable to the said Unit and the Phase II Project and understand/s
all limitations and obligations in respect of it and there will be no further investigation or
objection by the Allottee(s) in this regard.
Q. Prior to the execution of these presents, the Allottee(s) has/have paid to the Promoter such
sums only as mentioned in Annexure I, being part payment of the Sale Consideration of the
Unit agreed to be sold by the Promoter to the Allottee(s) (the payment and receipt whereof
the Promoter hereby admit and acknowledge) and the Allottee(s) has/have agreed to pay
to the Promoter the balance of the Sale Consideration in the manner appearing in the
payment schedule mentioned in Annexure I and as may be demanded by the Promoter.
R. The Allottee(s) demanded from the Promoter and the Promoter have given inspection to the
Purchaser(s), of all the documents as mentioned in the annexures of this Agreement and of
such other documents as are specified under the Maharashtra Ownership of Flats
(Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963
(hereinafter referred to as “the said Act”) and the Rules made thereunder.
PROMOTER ALLOTTEE(S)
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S. The carpet area of the said Unit is mentioned in Annexure G in square meters. "Carpet Area"
means the net usable floor area of a Unit, excluding the area covered by the external walls,
areas under services shafts, exclusive balcony or verandah area and exclusive open terrace
area, but includes the area covered by the internal partition walls of the Unit. "Exclusive
Balcony / Verandah Area" means the area of the balcony or verandah, as the case may
be, which is appurtenant to the net usable floor area of a Unit, meant for the exclusive use
of the Allottee(s). "Exclusive open terrace area" means the area of open terrace which is
appurtenant to the net usable floor area of a Unit, meant for the exclusive use of the
Allottee(s).
T. The Allottee(s) has represented and warranted to the Promoter that the Allottee(s) has the
authority and eligibility to enter into and perform these presents and has clearly understood
his rights, duties, responsibilities and obligations under these presents. The Allottee(s)
hereby undertake/s that he/she/they shall abide by all laws, rules, regulations, notifications
and terms and shall be liable for defaults and/ or breaches of any of the conditions, rules or
regulations as may be applicable to the Phase II Project and the said Unit.
U. Relying upon the aforesaid application, the Promoter has agreed to allot and sell to the
Allottee(s), and the Allottee(s) has/have agreed to purchase the said Unit at the price and on
the terms, conditions, covenants, stipulations and provisions hereinafter appearing.
V. Under Section 4 of the said Act, the Promoter is required to execute a written Agreement for
sale of the said Unit, being in fact these presents, and such Agreement is required to be
registered under the Registration Act, 1908, as amended from time to time.
W. The Parties have agreed to the terms and conditions of this Agreement as set forth
hereinafter and confirm that the recitals shall form a part of the Agreement between the
parties.
(i) The Promoter has commenced development of the said Larger Property in various phases and
completed the construction and development of a land area of _9843.08 sq. mtrs. (including
area of 1567.7 sq. mtrs. hereinafter referred to as “Building Area”), part of the said Larger
Property, more particularly described in Second Schedule hereto and hereinafter referred to as
PROMOTER ALLOTTEE(S)
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the “said Land”, under a new phase (hereinafter referred to as the “Phase II Project”). The
Promoter has constructed and developed the said Land as a Phase II Project for residential use
and/or such other authorized use by optimum utilization of the Floor Space Index (FSI) together
with the infrastructure and common areas and amenities thereof, in accordance with the
applicable laws (after considering setback, ground coverage, green area, car parking etc.) as a
complex. The Promoter has under its said obligation, commenced construction of the Phase II
Project in accordance with the said plans, designs and specifications.
(ii) The Allottee(s) confirms that all Amenities, common pathway, driveway, access roads,
recreational ground area and all such areas which are for common use and enjoyment of all the
occupants, purchasers and users of the said Larger Property shall be jointly used and maintained
by all purchasers of the said Larger Property, including Phase II Project. The Allottee(s) waives
his rights to raise any objection in this regard.
(iii) The Promoter has informed the Allottee(s) and the Allottee(s) hereby confirms and
acknowledges that the Larger Property is being developed by the Promoter in a phase-wise
manner as may be decided by the Promoter in its absolute discretion from time to time. The
Allottee(s) further acknowledges and confirms that the Promoter may, at any time, revise/modify
the layout master plan of the Larger Property, except for the current phase and project, in such
manner as the Promoter may deem fit, in its sole discretion. However, the same is subject to the
sanction of the competent authorities and/or may undertake revision and modification any of
the aforesaid phases, if required by the competent authorities.
(iv) The Promoter hereby declares that the Floor Space Index available as on date in respect of the
said Land is 12117.08 square meters only and the Promoter may utilize any balance 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 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 Phase II Project. The
Allottee(s) has agreed to purchase the said Unit based on the proposed construction and sale
of units to be carried out by the Promoter by utilizing the proposed FSI and on the
understanding that the proposed FSI shall belong to the Promoter only.
(v) The Allottee(s) has been informed and hereinafter acknowledges that the FSI proposed to be
consumed in the Phase II Project may not be proportionate to the area of the said Land on which
it is being constructed in proportion to the total area of the said Larger Property taking into
account the FSI to be utilized for all buildings to be constructed thereon. The Promoter in its
PROMOTER ALLOTTEE(S)
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sole discretion, may allocate such FSI for each of the buildings being constructed on the said
Land as it thinks fit and the owners and purchasers of the units in such buildings (including the
Allottee(s) herein) are agreeable to this and shall not dispute the same or claim any additional
FSI or constructed area in respect of any of the structures, building or on the said Land.
(vi) The Allottee(s) further acknowledges that, at its sole discretion (i) the Promoter shall also be
entitled to freely deal with other phases comprised in the said Larger Property (along with the
FSI/TDR or otherwise) including by way of sale or transfer to any entity as the Promoter may
deem fit and (ii) the Promoter may also sell/transfer its stake in the other phases to any person
as it deem fit, in accordance to the then existing and applicable laws. The Allottee(s) has entered
into this Agreement knowing fully well the scheme of development to be carried out by the
Promoter on the said Land and the said Larger Property.
(vii) The unutilized / residual FSI (including future incremental or enhancement due to change in law
or otherwise) in respect of the said Land shall always be available to and shall always be for the
benefit of the Promoter and the Promoter shall have the right to deal or use the FSI and/or TDR
as it may deem fit, without any objection or interference from the Allottee(s) or Organisation or
Apex Organisation or Apex Organisation/s. In the event of any additional FSI in respect of the
said Land or any part thereof being increased as a result of the any favorable relaxation of the
relevant building regulations or increase in incentive FSI or otherwise, at anytime, hereafter, the
Promoter alone shall be entitled to the ownership and benefit of the all such additional FSI for
the purpose of the development and / or construction of structures on the Land and the said
Larger Property as may be permissible under applicable law.
(viii) In the event the land adjoining to the said Land is owned/developed by the Promoter (or the
Promoter’s wholly owned subsidiary, group company or associate company), the Promoter
reserves the right to develop the same, either by amalgamating the same with the said Land
and/or sub-dividing and/or amalgamating the said Land and the adjoining land, as the Promoter
may deem fit and proper in accordance with the applicable laws, so as to utilize the full potential
of the FSI available.
2. UNIT
(i) The Allottee(s) hereby agrees to purchase from the Promoter and the Promoter hereby agrees
to sell to the Allottee(s) residential apartment as detailed in Annexure G (hereinafter referred to
as "the Unit") of the said Phase II Project as shown in the approved floor plan, hereto annexed
PROMOTER ALLOTTEE(S)
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and marked Annexure H for such Sale Consideration as mentioned in Annexure I, which includes
the proportionate price of the common areas and facilities in relation to the said Unit, to be paid
as per the payment schedule as mentioned in Annexure I. The nature, extent and description of
certain common area, amenities, facilities and specifications (hereinafter referred to as the said
“Amenities”) in the said Building, said Phase II Project and said Larger Property are more
particularly described in the Annexure J annexed herewith. The fixtures and fittings with regard
to the flooring and sanitary fittings and amenities in the said Unit and details thereof is provided
by the Promoter as are set out in Annexure J, annexed hereto.
(ii) The Promoter hereby agrees to allot to the Allottee(s), car park at such location as mentioned
in Annexure G for his own use and not otherwise. Earmarking of the parking number will be
done at the time of handing over the possession of the Unit. Each allotted car parking space will
entitle the Allottee(s) the right to park only one vehicle. In case of transfer of the said Unit, the
right to use the car parking space shall be automatically transferred along with the said Unit.
The right to use the car parking space under no circumstances is separately transferable. The
Allottee(s) agree/s that only the allotted car parking space would be used exclusively for parking
of his/her/their light motorized vehicles and would not be used as storage otherwise.
(i) The Sale Consideration as agreed between the parties for the said Unit is mentioned in Annexure
I. It is also agreed between the Parties that the Sale Consideration includes the proportionate
right, title and interests in common areas with respect of the said Unit. The amounts mentioned
in Annexure I are exclusive of all taxes, charges, levies, cess etc. which may be levied by any
appropriate authorities.
(ii) The Allottee(s) has/have paid such amounts as mentioned in Annexure I till the execution of this
Agreement as part payment of the Sale Consideration for the said Unit to the Promoter, the
receipt whereof, the Promoter does hereby acknowledge. The Allottee(s) agree/s to pay the
balance Sale Consideration as per the payment schedule as mentioned in Annexure I to the
Promoter and as may be demanded by the Promoter, time being of the essence.
(iii) The Allottee(s) shall on or before delivery of possession of the said Unit or as demanded by the
Promoter, pay and keep deposited with the Promoter such additional deposits and list of other
outgoings as specified in Annexure I.
PROMOTER ALLOTTEE(S)
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(iv) The Sale Consideration and the Additional Outgoings and all such amounts as mentioned in
Annexure I excludes all taxes charges, levies, cess etc., applicable on transfer and sale of Unit to
the Allottee(s) and applicable on the construction, project cost, work contracts on the said Phase
II Project, including but not limited to Goods and Services Tax (GST), WCT, VAT, Education cess,
Labour cess, surcharge, swachh bharat cess, krishi kalyan cess etc. both present and future or in
any increase thereof, as may be applicable from time to time. Such amounts shall be separately
charged and recovered from the Allottee(s), on pro-rata basis. The Allottee(s) would also be
liable to pay interest/ penalty/ loss incurred by the Promoter on account of the Allottee(s)’s
failure and/ or delay to pay such taxes, levies, cess, statutory charges etc. Further, all stamp duty
amount, registration charges, statutory charges, lease rental, all taxes, levies, cess etc. as may be
applicable, due and levied by the statutory or local authority with respect to purchase of the
said Unit and conveyance of the said Land to the Organization of the units owners, shall be the
sole obligation of the Allottee(s) under this Agreement, to pay such amounts and such amounts
are excluded from the computation of the Sale Consideration and the Additional Outgoings.
(v) The Promoter shall not accept payment by cash and/ or deposit of cash in the designated
account of the Promoter and such payment shall not be accepted and continue to appear as
outstanding against the Unit. The Promoter shall accept payments towards your booking from
the account(s) of the Allottee(s) and/ or Joint Allottee(s) only. It is clarified that payments
received from any third parties / non- allottee(s) will be returned to the remitter and such
payment shall continue to appear as outstanding against the Unit. Payments will be accepted
from Joint/Co- Allottee(s) accounts, demand draft payment from the bank where the Allottee(s)
has taken a loan for the said Unit, guardian as per the application status making a payment on
behalf of a minor’s booking. The Promoter shall not accept payments from third parties under
the following criterion :
a. Payments made by Allottee(s)’s family member/ friend (parents, spouse, siblings etc.);
b. Payments made by a Company on behalf of the Allottee(s) (where such Allottee(s) is a
shareholder of such Company);
c. Individual making payment on behalf of the company being the Allottee(s) (in case of
Company booking);
d. Demand draft will not be accepted unless accompanied by a letter from the bank stating
that the funds are from Allottee(s) account only, the exception being DDs/Banker’s
Cheque received from the mortgagor bank of the Allottee(s).
(vi) The Allottee(s) is aware of the applicability of Tax Deduction at Source (TDS) with respect of the
Unit. Further, the Allottee(s) is aware that the Allottee(s) has to deduct the applicable TDS at the
PROMOTER ALLOTTEE(S)
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time of making of actual payment or credit of such sum to the account of the Promoter,
whichever is earlier as per Section 194-IA in the Income Tax Act, 1961. Further, the Allottee(s)
shall submit the original TDS certificate within the prescribed timelines mentioned in the Income
Tax Act, 1961.
(vii) The amounts mentioned as Additional Outgoings as mentioned in Annexure I herein are
provisional and based on estimates. If there are any additional charges and/ or increase in the
existing charges due to actual cost incurred or demand by statutory authority and/ or otherwise,
any shortfall shall be paid by the Allottee(s). The Allotee(s) shall separately pay the common area
maintenance charges (“CAM Charges”) as per the terms of this Agreement. The Allottee(s) shall
be liable to pay both the deposits and the monthly expenses towards CAM charges in
accordance with this Agreement, time being of the essence.
(viii) Individual electricity connection/ meter charges, water / storm water connection charges,
sewerage connection charges, IGL/ LPG connection charges including its infrastructure charges,
deposits to the concerned authorities, on account of additional fire safety measures undertaken,
broadband, internet connection charges, increases in deposit of security amounts of water,
electricity etc., any new infrastructure charges and increase thereof for bulk supply of electrical
energy and all / any other charges as mentioned under Annexure I are not included in the Sale
Consideration of the said Unit and the actual/ proportionate amount shall be additionally
payable by the Allottee(s) on or before the offer of possession of the said Unit.
(ix) The Allottee(s) shall pay all charges and expenses with respect to formation and conveyance to
the Organization and Apex Organization (as the case may be), including but not limited to
professional costs of the Attorney-at-Law/Advocates of the Promoter, Share Money, Legal
Charges, Society formation and consultancy retainer fees etc. including, for preparing its rules,
regulations and bye-laws and the cost of preparing and engrossing the conveyance or
assignment of lease, as the case may be, at any time on or before the execution and registration
of the Agreement for Sale.
(x) The Sale Consideration is escalation-free, save and except the charges stated herein and
escalations/increases/impositions 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, including
but not limited to internal development charges, external development charges, infrastructure
development charges, premiums and/or all other charges, payments, surcharges, cesses, taxes,
levies, duties, etc. payable to the competent authority/ Local Bodies/Government.
PROMOTER ALLOTTEE(S)
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(xi) In case of any financing arrangement entered by Allottee(s) with any Bank or Financial Institution
with respect to the purchase of the said Unit, the Allottee(s) undertakes and confirms to direct
such Bank or Financial Institution to and shall ensure that such Bank or Financial Institution
disburse all such amounts and installments as mentioned in Annexure I, due and payable to
Promoter through an account payee cheque/demand draft drawn in favour of such account as
mentioned in Annexure G.
(xii) In the event of dis-honour of any payment instruments or any payment instructions by or on
behalf of the Allottee(s) for any reason whatsoever, then the same shall be treated as a default
and the Promoter may at its sole discretion be entitled to exercise any recourse available herein.
Further, the Promoter shall intimate the Allottee(s) of the dishonour of the cheque and the
Allottee(s) would be required to promptly tender a Demand Draft of the outstanding amounts
including interest from the due date till the date of receipt by the Promoter of all the amounts
including the Dishonour Charges of Rs. 5000/- (Rupees Five Thousand only) (for each dis-
honour). In the event the said Demand Draft is not tendered within 7 (seven) days then the
Promoter shall be entitled to cancel the allotment, subject to provisions hereunder. In the event
the Allottee(s) comes forward to pay the entire outstanding amounts, interest and penalty
thereof, the Promoter may consider the same at its sole discretion. In the event of dishonor of
any payment cheque, the Promoter has no obligation to return the original dishonored cheque.
(xiii) The Allottee(s) agree/s that 10% (ten percent) of the Sale Consideration (“Booking Amount”)
shall be treated as earnest money to ensure fulfilment by the Allottee(s) of the terms and
conditions, as contained herein. The Allottee(s) shall make timely payments of the outstanding,
amounts due and payable (including the Allottee(s)’s proportionate share of taxes levied by
concerned local authority, Additional Outgoings, provisional CAM charges etc.) payable by
him/her and meeting the other obligations under this Agreement as provided in Annexure I.
Time is the essence, with respect to the Allottee(s)’s obligations to pay all such amounts as
mentioned in this Agreement and also to perform or observe all the other obligations of the
Allottee(s) under this Agreement.
(xiv) The Allottee(s) irrevocably confirms that the Promoter may, at its sole discretion, waive in
writing any breach by the Allottee(s) under this Agreement. It is expressly agreed by the
Allottee(s) that exercise of discretion by the Promoter in the case of any allottee of the residential
units shall not be construed to be a precedent and/or binding on the Promoter to exercise such
discretion in the case of any other allottee or for a subsequent breach. It is irrevocably agreed
by the Allottee(s) that on all amounts received, the Promoter shall first adjust/ appropriate any
PROMOTER ALLOTTEE(S)
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amounts paid firstly towards the taxes, charges, levies etc. due and payable on previous
instalments, thereafter towards the interest levied on the previous pending instalment (if any),
thereafter the pending instalment. The balance amounts shall be adjusted towards the taxes,
charges, levies etc. due and payable on the current instalment due and then on the current
instalment amount.
(xv) Payment of outstanding amounts due and payable shall have to be paid by the Allottee(s) within
fifteen (15) days from the Promoter’s Demand Letter, failing which the Promoter shall be entitled
to charge interest @ SBI MCLR (State Bank of India- Marginal Cost of Lending Rate) per annum
plus 2 % (two percent) above the then existing or (ii) such other rate of interest higher /lower
than 2 % as the case may be prescribed under any applicable law from the date they fall due till
the date of receipt/realization of payment by the Promoter. Payment within time would be
deemed to be essence of the terms of these presents. Part payments shall not be accepted. The
Allottee(s) agrees to pay to the Promoter the outstanding amounts including interest as
mentioned hereinabove, from the due date till the date of receipt of amounts or realization of
the cheque by the Promoter, whichever is later.
(xvi) Without prejudice to the rights of the Promoter to charge interest in terms of the clauses
herein, upon the Allottee(s) committing breach of any of the terms of the Agreement including
default in payment of any outstanding amount, due and payable by the Allottee(s) to the
Promoter under this Agreement (including his/her proportionate share of taxes levied by
concerned local authority and other outgoings), the Company shall issue a notice of such default
to the Allottee(s) and the Allottee(s) shall be provided with a period of fifteen (15) days from the
date of such notice to cure the said default or breach. In the event that the Allottee(s) fails to
cure such default or breach, within fifteen (15) days from the date of notice (or such default or
breach is not capable of being rectified), the Company shall have the option to cancel and
terminate this Agreement by sending a cancellation letter by Registered Post AD at the address
provided by the Allottee(s) and/or mail at the e-mail address provided by the Allottee(s),
intimating him of the specific breach/ default or breaches/defaults of terms and conditions in
respect of which the Company is cancelling and terminating this Agreement.
(xvii) On such cancellation, the allotment/booking/agreement for the said Unit shall stand
immediately cancelled and the Allottee shall have no right whatsoever with respect to the said
Unit.
(xviii) Upon cancellation of the allotment and/or termination of the Agreement (as the case may
be), the Promoter shall refund all such amounts paid by the Allottee(s) till the date of
PROMOTER ALLOTTEE(S)
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PROMOTER ALLOTTEE(S)
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(xx) The Allottee(s) further agrees that the Promoter shall refund the balance amounts either by way
of (i) personal hand delivery of cheque(s) to the Allottee(s) or (ii) courier of cheque(s) to the
Allottee(s) at the aforementioned address mentioned in this Form or in the Agreement for Sale,
or (iii) through any other means as the Promoter may deem fit. The Promoter may at its
discretion also make refund through RTGS to the Allottee(s) as per account details for refund as
mentioned in the Application form or Agreement signed by the Allottee(s). In case of Allottee(s)
who have availed home loan and mortgaged the said Unit to any Bank/ Financial Institution,
such refund to Allottee(s) shall be processed post intimation to any Bank/ Financial Institution
and release of amounts to such Bank/ Financial Institution as per agreements, documents,
papers etc. signed between the Allottee(s) and such Bank/ Financial Institution and the
Allottee(s). In the event the Allottee(s) is untraceable and/or unreachable and /or does not
accept refund amount, the Promoter shall place the balance refund amount in an interest free
escrow account of a Bank. The date of such personal handover or courier of cheque(s) or transfer
to the interest free account would be deemed to be the date on which the Promoter has
refunded the balance amount and the Promoter’s liability shall end on such date. Such refund
shall be in the name of the first applicant (as per the Application Form) /lender (in case the
Allottee(s) has procured a loan from a bank/ financial institution), as the case may be. This shall
be full and final discharge of all obligations on the part of the Promoter or its employees and
the Allottee(s) will not raise any objection or claim on the Promoter in this regard.
(xxi) Upon the cancellation and termination of the allotment of the Unit, the Allottee(s) shall not
have any right title or interest with respect to the Unit and the Promoter shall be at a liberty to
sell or otherwise dispose off the Unit to any other person/party whomsoever, at such price, in
such manner and on such terms and conditions as the Promoter may in its sole, absolute and
unfettered discretion think fit and proper and the Allottee(s) waive their right to raise any
objection or dispute in this regard.
(xxii) The Allottee(s) hereby also covenant/s to observe and perform all the terms and conditions
of the booking, and/or allotment and/or this Agreement to keep the Promoter and its agents
and representatives, estates and effects indemnified and harmless against the rights,
responsibilities and obligations of the Allottee(s) to the Promoter under this Agreement. Further,
the Allottee(s) shall indemnify the Promoter also against any loss or damages that Promoter
may suffer as a result of non-payment of any amount herein including the Sale Consideration,
non-observance, or non-performance of the terms and conditions mentioned herein. The
Allottee(s) confirms that the Promoter shall have a right of first herein on the Unit in the event
PROMOTER ALLOTTEE(S)
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any amounts are outstanding to the Promoter. The Allottee(s) further confirms that this clause
be applicable even post possession being handed over to the Allottee(s).
4. POSSESSION
(i) The Promoter has informed the Allottee(s) that the said Unit and the said Building in Phase II
Project has received Occupation Certificate from the concerned authorities, copy of which is
annexed hereto as Annexure D.
(ii) The Promoter shall endeavor to give possession of the said Unit to the Allottee(s) on or before
the date specified in Annexure G (“Date of Possession”) and shall endeavor to give possession
of the said Amenities to the Allottee(s) on or before the date specified in Annexure J (“Time
Schedule of Completion”), subject to receipt of the entire Sale Consideration and all Additional
Outgoings as mentioned in Annexure I, along with applicable taxes, charges, cess etc. and
execution and registration of this Agreement for Sale upon payment of appropriate stamp duty.
(iii) In the event the possession is delayed beyond the date as agreed hereinabove interalia for any
reason, the Promoter shall be entitled to extension of 12 [twelve] months (“Extended
Duration”) for handover of possession.
(i) The Unit is considered as ready for use and occupation on the date of receipt of OC or any
other certificate required for occupation from the competent authorities.
(ii) The Promoter, shall issue the Offer of Possession letter to the Allottee(s) requesting to make
payments as per the Agreement and take possession within such date as mentioned in the Offer
of Possession letter. The Allottee(s) shall before taking over the possession of the said Unit, clear
all outstanding dues, keep deposited with the Promoter, amounts mentioned in Annexure I and
also pay the applicable GST, Value Added Tax, service tax and any other tax, levy, cess or any
other charges levied by the statutory authorities in respect of the said Unit (if applicable), by
time to time to the Promoter, for construction and sale of the said Unit and complete the
execution and registration of the Agreement for Sale, duly stamped.
(iii) For the purposes of avoidance of doubt, it is clarified that the CAM Charges shall commence
from 45 (forty five) days after the date of Offer of Possession letter, regardless of whether the
Allottee(s) takes such possession (for fit outs) or not. Such date shall be referred to as “CAM
PROMOTER ALLOTTEE(S)
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Commencement Date”. In such cases that the unit/s are sold after the Date of Offer of
Possession, the CAM charges or the Unit shall commence from the date of which the last
installment of the consideration amount (excluding society, maintenance and equivalent
charges) is payable as per the agreed terms of allotment plus 15 (fifteen) days The Allottee(s)
agree(s) to pay the maintenance charges as determined by the Promoter or Organisation, as the
case may be.
(iv) The Promoter, upon receiving payments made by the Allottee(s) as per this Agreement shall
offer in writing the possession of the Unit, to the Allottee(s) in terms of this Agreement to be
taken within 15 (fifteen) days from the date of issue of such written communication. The
Allottee(s) shall take possession of the Unit 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 Unit to the Allottee(s). In case the Allottee(s) fails to
take possession within the time provided in this Agreement such Allottee(s) shall continue to be
liable to pay CAM charges as applicable.
(v) In the event the Allottee(s) fails to take possession of the Unit within such date as mentioned in
the Offer of Possession letter, then the Unit shall lie at the risk and cost of the Allottee(s). The
maintenance charges and the defect liability period shall commence from the CAM
Commencement Date. In addition to payment of interest for delayed payments, the Allottee(s)
shall be liable to pay Holding Charges as specified in Annexure G from expiry of CAM
Commencement Date till the Allottee(s) takes actual possession of the Unit. The Allottee(s)
agrees and acknowledges that the Promoter’s obligation of delivering possession of the Unit
shall come to an end and the Promoter shall not be responsible and/or liable for any obligation
towards the Allottee(s) for the possession of the said Unit. Under such circumstances it shall be
deemed that the Allottee(s) has taken possession of the said Unit. During the period of the said
delay by the Allottee(s), the Unit shall remain locked and shall continue to be in possession of
the Promoter but at the sole risk, responsibility and cost of the Allottee(s) in relation to its
deterioration in physical condition.
(vi) The Allottee(s) hereby agrees that in case the Allottee(s) fails to respond and/or neglects to take
possession of the Unit within the aforementioned time as stipulated by the Promoter and/or
cancel / terminate this Agreement, then the Promoter shall also be entitled to reserve his right
to forfeit the entire amount received by the Promoter towards the Unit along with interest on
default in payment of instalments (if any), applicable taxes and any other charges and amounts.
PROMOTER ALLOTTEE(S)
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(i) The Allottee(s) agrees and confirms that their right, title, interest in the said Unit shall be limited
to and governed by what is specified in the Agreement and shall not extend to areas demarcated
as common areas, said Building and the said Phase II Project and Larger Property.
(ii) The Allottee(s) agrees and undertakes that on receipt of possession, if the Allottee(s) is desirous
to carry out any interior fit-out work, they can strictly conduct the same in accordance, in
observance of all the rules, regulations and bye-laws framed by the Promoter or Organization
or Apex Organization or Apex Organizations (“Fit-Out Manual”) applicable for commencement
of interior fit out work in the said Unit. The Allottee(s) further agrees that the same shall be used
only as per the regulations and designs concerning to the said Building as approved by the said
competent authorities, and without causing any disturbance, to the other allottee(s)/ owners of
units in the said Building. The Allottee(s) shall be solely responsible to obtain any requisite
permission, if any, from competent authorities for the interior work in the said Unit and the
Promoter shall not be responsible for the same. The Allottee(s) shall keep the Promoter informed
about the status of the requisite permissions.
(iii) The Allottee(s) shall execute such necessary documents and pay such security deposit as may
be informed by the Promoter and/ or Organization, from time to time.
(iv) The Fit-Out Manual will be shared at the time of handing over possession of the Unit. Without
prejudice to the aforesaid, if the Allottee(s) makes any unauthorized change or alteration or
causes any unauthorized repairs in or to the Unit and/or the Building, the Promoter shall be
entitled to call upon the Allottee(s) to rectify the same and to restore the Unit and/or Building
to its original condition within 30 (thirty) days from the date of intimation by the Promoter in
that behalf. If the Allottee(s) does not rectify the breach within the such period of 30 (thirty)
days, the Promoter may carry out necessary rectification and restoration to the Unit or the
Building (on behalf of the Allottee(s)) and all such costs and charges and expenses incurred by
the Promoter shall be reimbursed by the Allottee(s). If the Allottee(s) fail(s) to reimburse to the
Promoter any such costs and charges and expenses within 7 (seven) days of demand by the
Promoter, the same would be deemed to be a charge on the Unit. The Allottee(s) hereby
indemnifies and agrees to always keep saved, harmless and indemnified, the Promoter (i) from
and against all actions, proceedings, claims, demands, costs, charges and expenses whatsoever,
which may be made against the Promoter or which the Promoter may suffer or incur as a result
of any unauthorized change or alteration in or causing any unauthorized repairs in or to the Unit
PROMOTER ALLOTTEE(S)
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or the Building(s) and (ii) for all costs and expenses incurred by the Promoter for instituting any
legal proceedings for recovery of such costs and charges and expenses incurred by it for
rectification and restoration to the Unit, or the Building/s, Phase II Project or the Larger Property.
(v) After the possession, the Allottee(s) shall permit and shall deemed to have granted a license to
the Promoter and its surveyors and agents with or without workmen and others, including the
Maintenance Agency at all reasonable times to enter into and upon the said Unit or any part
thereof to view and examine the state and conditions thereof and to make good all defects,
decays and repairs in this behalf and also for repairing of any part of the Building. This shall be
also for the purpose of repairing, maintaining, rebuilding, cleaning, structural strengthening,
lighting and keeping in order all services, drains, pipes, cables, water courses, gutters, wires,
parts, structures of other convenience in the Phase II Project and also for the purpose of laying,
maintaining, repairing and restoring drainage and water pipes and electric wires and cables and
for similar purposes. In case the Allottee(s) has/have failed to effect repairs despite dispatch of
notice of one week contemplated above and Promoter is constrained to effect repairs at its cost,
in that event such cost shall be recovered from the Allottee(s). However, in case of exigency
situations like fire, short circuits, leakages on the floor above or below etc. the Allottee(s)
authorize/s the Promoter and / or Maintenance Agency to break open the doors/windows of
the said Unit and enter into the said Unit to prevent any further damage to the other flats and
Phase II Project. In such a case, the Promoter and / or Maintenance Agency shall not be liable
for any theft or loss or inconvenience caused to the Allottee(s) on account of entry to the Unit
as aforesaid.
(vi) The Allottee(s) undertakes that he will not alter / demolish/ destroy or cause to demolish/
destroy any structure of the said Unit or any addition(s) or alteration(s) of any nature in the same
or in any part thereof. The Allottee(s) shall not harm or cause to harm any damage to the
peripheral walls, front, side and rear elevations of the said Unit in any form. The Allottee(s) shall
also not to change the colour scheme of the outer walls and painting of exterior side of the door
and windows and shall also not carry out any change in the exterior elevation and design and
shall not erect any fencing/ hedging/grills without the prior permission of the Promoter. The
Allottee(s) shall not partly / fully remove any walls of the said Unit including load bearing walls/
structure of the same, which shall remain common between the Allottee(s) and the owners of
adjacent premises.
7. ORGANISATION
PROMOTER ALLOTTEE(S)
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(i) The Allottee(s) along with other allottee(s) in the said Phase III Project shall join to form and
register an organisation or society or association or condominium or a limited company as
determined by the Promoter (hereinafter referred to as the said “Organisation”) to be known
by such name as the Promoter may decide. For the said purpose, the Allotee(s) shall sign and
execute the application for registration and/or membership and other papers and documents
necessary for the formation and registration of such Organisation and for becoming a member,
including the bye-laws of the proposed Organisation. The Allotee(s) shall duly fill in, sign and
return to the Promoter within seven days of the same being forwarded by the Promoter to the
Allottee(s), so as to enable the Promoter to register the Organisation of allottee(s). No objection
shall be taken by the Allottee(s) with respect to the same. Changes or modifications, if any, are
to be made in the draft bye-laws, or the Memorandum and/or Articles of Association, as may
be required by the Registrar of Co-operative Societies or the Registrar of Companies as the case
may be, or any other Competent Authority. The Promoter shall not be liable for any claims or
penalties for delay in forming the Organisation, on account of any delay of the unit owners in
complying with the above.
(ii) The Promoter shall, at its discretion, as prescribed under the applicable laws, form an apex
organization (being either an organisation or society or association or condominium or a limited
company) (“Apex Organisation”) for the entire development of the said Larger Property or
separate apex organisation (being either an organisation or society or association or
condominium or a limited company) (“Apex Organisations”) for each of the residential and
commercial zones and/ or such other authorized development zones, as the Promoter may
deem fit, for the purposes of effective maintenance and management of the entire Larger
Property including for common areas and amenities of the Larger Property at such time and in
such a manner as the Promoter may deem fit to be known by such name as the Promoter may
decide, within such period as may be prescribed under the applicable laws.
(iii) The Promoter may become a member of the Organisation and/or Apex Organisation to the
extent of all unsold and/or un-allotted units, areas and spaces in the said Building and said Land.
(iv) The Promoter will have the right to decide upon the phases of development of the Larger
Property. Further, the Promoter will have the right to decide upon which
units/s/premises/apartments to be developed first in the Phase III Project. All the
unit/s/premises/apartments may not be constructed simultaneously. The Phase III Project will
be completed in various construction phases/slabs and availability of common amenities,
PROMOTER ALLOTTEE(S)
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facilities, services will be dependent on the construction phasing and planning as mentioned in
this Agreement.
(v) The Promoter proposes to maintain the Amenities and upkeep the said Larger Property, until
the formation of the Organisation and/ or Apex Organisation and/or Apex Organisations (as
may be applicable), as per the terms of this Agreement. With this view in mind, the Promoter
shall appoint a Maintenance Agency (without any reference to the Allottee(s) and other owners,
users, occupants etc. of the Larger Property) for the maintenance and up-keep of the same.,
Even after formation of the Organisation or Apex Organisation or Apex Organisations, such
Maintenance Agency can continue to be appointed for maintenance and up-keep on such terms
and conditions as the Promoter may deem fit, and the Allottee(s) hereby gives their unequivocal
consent for the same. For this purposes the Promoter shall provide suitable provisions in the
documents and deeds executed for the purpose of formation of the Organisation and/ or Apex
Organisation and/or Apex Organisations (as may be applicable). For the services rendered by
such Maintenance Agency for the said Phase III Project, the Maintenance Agency shall charge
10% of the billed amounts to all residents of the said Phase III Project, which the Allottee(s)
undertake/s to pay at all times.
(vi) The Promoter and/ or the Maintenance Agency shall make provisions for payment of CAM
Charges as outgoings to the Organisation and/ or Apex Organisation and/or Apex Organisations
(as may be applicable) for the purposes of maintenance of the Building and Amenities of the
Phase III Project and the Larger Property.
(vii) The Allottee(s) hereby agrees and confirms that from the CAM Commencement Date, the
Allottee(s) shall be liable to bear and pay the proportionate share towards the outgoings in
respect of the said Building in which the said Unit is located (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) until the
conveyance of the said Building to the Organisation, irrespective of whether the Allottee(s) is in
occupation of the said Unit or not and construction activity is continuing in adjacent tower/
buildings and infrastructure, facilities and amenities are not fully completed. The Allottee(s)
further agrees that till the Allottee's share is so determined, the Allottee(s) shall pay to the
Promoter provisional monthly contribution of CAM Charges and lump sum CAM Deposit
towards the outgoings as mentioned in Annexure I for such expenses. The amounts so paid by
the Allottee(s) to the Promoter shall not carry any interest and remain with the Promoter until
PROMOTER ALLOTTEE(S)
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the handover of administration and accounts by the Promoter in favour of the Organisation
(once formed). The Allottee(s) shall continue to pay all such outgoings as imposed by the
competent authorities and / or concerned local authorities and proportionate charges to the
Promoter, as may be demanded, from time to time.
(viii) In case of failure of the Allottee(s) to pay the CAM Charges or other charges on or before
the due date, the Allottee(s) in addition to permitting the Promoter and/or Maintenance Agency
to deny him the maintenance services, facilities, amenities etc. also authorizes the Promoter
and/or Maintenance Agency to adjust in the first instance, the interest accrued on the deposit
of maintenance charges against such defaults in the payments of CAM Charges and in case such
accrued interest falls short of the amount of the default, the Allottee(s) further authorize/s the
Promoter and/or Maintenance Agency to adjust the principal amount of the CAM Charges
against such defaults. If due to such adjustments in the principal amount, the CAM Charges falls
below a certain amount, as informed by the Promoter and/or Maintenance Agency, then the
Allottee(s) hereby undertake/s to make good the resultant shortfall within fifteen (15) days of
demand by the Promoter and/or Maintenance Agency. Further, the Promoter and/or
Maintenance Agency reserves the right to increase CAM Charges and/or deposits pursuant to
the same, from time to time in keeping with the increase in the cost of maintenance services
and the Allottee(s) agrees to pay such increases within fifteen (15) days of demand by the
Promoter and/or Maintenance Agency.
(ix) Upon the said Organisation being formed and registered, the rights, benefits and interests of
the Allottee(s) shall be governed and regulated by the bye-laws, rules and regulations thereof,
but expressly subject to the terms, conditions, convents, stipulations and provisions of this
Agreement.
(x) It is in the interest of Allottee(s) to help the Maintenance Agency in effectively keeping the said
Unit, and Project/Complex secured in all ways. Allottee(s) hereby agree/s that for the purpose
of security, the Maintenance Agency shall be free to restrict the entry of visitors, which the
security appointed by the Maintenance Agency, feel suspicious. The Allottee(s) hereby agrees
to abide by all the rules and regulations framed by the Maintenance Agency as may be framed
by the Maintenance Agency from time to time for the upkeep and maintenance of the Phase III
Project and the Building.
(xi) An application form, declaration and other forms for the purpose of enrolling Allottee(s) as a
member of the said Organisation is attached herewith duly executed as “Annexure K, L, M, N
& O”.
PROMOTER ALLOTTEE(S)
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8. CONVEYANCE
(i) The Allottee(s) hereby acknowledges and agrees that the Phase II Project is part of a layout
development of the Larger Property and as such the Promoter would be conveying to the
Organisation, only the said Land (excluding the common area for the use of the owners, users,
occupants etc. of the Larger Property as demarcated in the approved plans), i.e. Building Area
of 1567.7 sq. mtrs.. It is clarified that the land in the Phase II Project (underlying the common
area for the use of the owners, users, occupants etc. of the Larger Property) and any other area
allocated as “common area” in the Larger Property, in the approved plans would be conveyed
to the Apex Organisation and/ or Apex Organisations (as the case may be) as the Promoter may
deem fit and proper. The Allottee(s) hereby agrees and confirms that until the conveyance of
the said Land as aforesaid to the Organisation and common areas to the Apex Organisation
and/ or Apex Organisations (as the case may be), the Allottee(s) shall continue to pay all the
CAM Charges and all outgoings as imposed by the competent authorities and / or concerned
local authorities and proportionate charges to the Promoter, as may be demanded, from time
to time.
(ii) All costs, charges and expenses including stamp duty, registration charges and expenses in
connection with the preparation, stamping and execution of such conveyance deed/ deed of
assignment/transfer shall be borne and paid by the Organisation and/ or all owners and allottees
of units in the buildings on pro rata basis.
PROMOTER ALLOTTEE(S)
Page 26 of 68
to complete the development of the Project as per the provisions of the approvals and
documents executed with the competent authorities.
(iii) The Promoter state that there are no encumbrances upon the Project Land or the Project except
those disclosed in the list of encumbrances and title report mentioned in Annexure E (colly) and
the Recitals as mentioned herein.
(iv) The Promoter state that there are no litigations pending before any Court of law with respect to
the Phase II Project, said Land or said Larger Property except those disclosed in the list of
encumbrances and title report mentioned in Annexure E (colly).
(v) The Promoter confirms that the approvals, licenses and permits issued by the competent
authorities with respect to the Phase II Project as mentioned in Annexure C are valid and
subsisting. Further, all approvals, licenses and permits to be issued by the competent authorities
with respect to the Phase II Project and said Building shall be obtained by following due process
of law and the Promoters have been and shall, at all times, remain to be in compliance with all
applicable laws in relation to the Phase II Project and said Building.
(vi) The Promoter has the right to enter into this Agreement and has not committed or omitted to
perform any act or thing, whereby the right, title and interest of the Allottee(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 Unit which will, in any manner, affect the rights of Allottee(s)
under this Agreement.
(viii) The Promoter confirms that the Promoter is not restricted in any manner whatsoever from
selling the said Unit to the Allottee(s) in the manner contemplated in this Agreement.
(ix) 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 Phase II Project) has been received or served upon the Promoter in respect
of the said Land except those disclosed in the title report.
(x) The Promoter shall maintain a separate account in respect of sums received by the Promoter
from the Allottee(s) as advance or deposit, sums received on account of the share capital for the
promotion of the Organisation or towards the outgoings, legal charges and shall utilize the
amounts only for the purposes for which they have been received.
(xi) The Promoter confirms as follows
a. In case during the course of construction and/or after the completion of the Project, further
PROMOTER ALLOTTEE(S)
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construction on any portion of vacant land or building or terrace becomes possible, the
Promoter shall have the exclusive right to take up or complete such further construction.
b. In the event of paucity or non-availability of any material the Promoter may use alternative
materials/ article but of similar good quality. The decision of the Promoter on such changes
shall be final.
c. Drinking Water, Sewerage and Drainage Source: Water Supply, Sewerage and Drainage
Connection would be made available from such source as may be provided or permitted by
the competent authorities as mentioned in Annexure C.
d. Fire Fighting : Fire fighting facilities would be made available as per the approved plans as
may be provided or permitted by the competent authorities as mentioned in Annexure C.
e. Emergency and evacuation facilities : Emergency facilities would be made available as per
the approved plans as may be provided as mentioned in Annexure C.
f. Use of renewable facilities : Details of sustainable development and use of renewable
facilities is provided as mentioned in Annexure C.
(xii) It is agreed between the Promoter and the Allottee(s) that to ensure uniformity and minimal
interference with structures, ducting, internal cabling etc. in the Project, it is agreed that the
Promoter shall regulate the entry of telecom agency/services in the Project.
(xiii) The Promoter reserves its right to handover the Phase II Project in whole or in parts to any
other entity, such as partnership firm, body corporate(s) whether incorporated or not,
association or agency etc. by way of sale/disposal or any other arrangement, as may be decided
by the Promoter in its sole discretion without any intimation, written or otherwise to Allottee(s)
and the Allottee(s) agrees that they shall not raise any objection in this regard.
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(ii) Not to store in the Unit any goods which are of hazardous, combustible or dangerous in nature
or are so heavy as to damage the construction or structure of the building in which the Unit 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 Unit is situated,
including entrances of the said Building and in case any damage is caused to the building in
which the Unit is situated or the Unit 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 Unit and maintain the Unit in the same
condition, state and order in which it was delivered by the Promoter to the Allottee(s) and shall
not do or suffer to be done anything in or to the building in which the Unit is situated or the
Unit 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(s) committing any act in
contravention of the above provision, the Allottee(s) shall be responsible and liable for the
consequences thereof including to the concerned local authority and/or other public authority.
(iv) Not to demolish or cause to be demolished the Unit 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 Unit or any part
thereof, nor any alteration in the elevation and outside colour scheme of the said Building and
shall keep the portion, sewers, drains and pipes in the Unit 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 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 Unit without the prior
written permission of the Promoter and/or the Organisation.
(v) Not to do or permit to be done any act or thing which may render void or voidable any insurance
of Unit, Phase II Project, Land or Larger Property 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 Unit in the compound or any portion of the said Land and the Building.
(vii) The Allottee(s) shall not use the said Unit in the manner, so as to cause blockade or hindrance
to common passages, verandah or terraces. No common parts of the said Building will be used
by the Allottee(s) for keeping / chaining pets / animals, dogs, birds or no storage of cycles,
motorcycles, waste / refuse, nor the common passages shall be blocked in any manner. The
Allottee(s) shall be responsible for the care, health, safety, security, well-being etc. of their pets
PROMOTER ALLOTTEE(S)
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(if any) and are forbidden to leave them in the common areas of the Building and the Phase II
Project.
(viii) The Allottee(s) shall plan and distribute its electrical load in conformity with the electrical
systems installed by the Promoter. The Allottee(s) shall sign and execute all other documents,
agreements, etc. for the purpose of obtaining electricity, power back-up facility, etc. as and when
required by the Promoter.
(ix) That it is agreed and accepted by the Allottee(s) that upon creation / incorporation of the said
Organisation, the common equipments pertaining to power back-up, etc. shall be transferred in
favour of the said Organisation and that unless agreed the Promoter / Maintenance Agency
shall thereafter be in no manner held responsible or liable for maintenance, upkeep, refurbishing
or replacement of the same, as the liability of the Promoter is limited to installation of the said
equipment sonly for the first time.
(x) The Allottee(s) agree/s not to fix or install air conditioners or heaters in the said Unit, save and
except at the places which have been specified in the said Unit for the installation nor in any
way disturb the external façade of the said Unit.
(xi) The Allottee(s) agree/s not to fix or install any window antenna on the roof or terrace or external
façade of the said Building except by the prior sanction of the Promoter and/or Maintenance
Agency and/or the said Organisation and at places earmarked by the Promoter.
(xii) Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit
demanded by the concerned local authority or Government or giving water, electricity or any
other service connection to the building in which the Unit is situated.
(xiii) 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 Unit by the Allottee(s) for any purposes
other than for purpose for which it is sold.
(xiv) The Allottee(s) shall not let, sub-let, transfer, assign or part with the interest or benefit of this
Agreement or part with the possession of the Unit until all the dues payable by the Allottee(s)
to the Promoter under this Agreement are fully paid up.
(xv) The Allottee(s) shall observe and perform all the rules and regulations which the Organisation
and Apex Organisation 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 Units 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
PROMOTER ALLOTTEE(S)
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public bodies. The Allottee(s) shall also observe and perform all the stipulations and conditions
laid down by the Organisation regarding the occupancy and use of the Unit 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.
(xvi) Till a conveyance of the structure of the Building is executed in favour of the Organisation,
the Allottee(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 Unit or Building or
any part thereof to view and examine the state and condition thereof.
(xvii) Till a conveyance of the said Land on which the Building is executed in favour of Apex
Organisation, the Allottee(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 Land or
any part thereof to view and examine the state and condition thereof.
(xviii) The Allottee(s) may obtain finance from any financial institution/bank or any other source
for purchase of the said Unit at his/her/their/its cost and responsibility. The Allottee(s) confirms
that such finance/ housing loan/ mortgage from financial institution/bank for payment of
instalments of the Sale Consideration as set out hereinabove may be availed on the basis that
no right or interest of the Promoter under this Agreement is affected on account of finance
being obtained by the Allottee(s). The Allottee(s)’ obligation to purchase the said Unit pursuant
to this Agreement shall not be contingent on the Allottee(s)’ ability or competency to obtain
such financing and the Allottee(s) will always remain bound under this Agreement. The Promoter
shall not be responsible in any manner whatsoever if any bank/financial institution delays and/
or refuses to finance the said Unit on any ground or revokes the loan already granted. In case
of any financing arrangement entered by the Allottee(s) with any financial institution with
respect to the purchase of the said Unit, the Allottee(s) undertakes to direct such financial
institution to, and shall ensure that such financial institution does disburse/pay all such
consideration amounts due and payable to the Promoter through an account payee
cheque/demand draft. Further, if any bank / financial institution refuses/ makes delay in granting
financial assistance and/or disbursement of loan on any ground(s), then the Allottee(s) shall not
make such refusal/ delay an excuse for non-payment of any Instalments / dues to the Promoter
within stipulated time as per the payment plan.
(xix) As a modality for obtaining finance, the Banks/Financial Institution may require the Promoter
to give its no objection to enable a charge or mortgage of the said Unit. The Promoter agrees
that it shall give such no objection without prejudice to its rights and a confirmation being given
PROMOTER ALLOTTEE(S)
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by the Bank/Financial Institution that right of recovery of its dues is subservient to the
Promoter’s right for payment of consideration on sale of said Unit due from the Allottee(s) and
that the Promoter shall be entitled to adopt all recourse available under this agreement and
under law for recovery of the Promoter’s dues. Further, if any bank / financial institution refuses/
makes delay in granting financial assistance and/or disbursement of loan on any ground(s), then
Allottee(s) shall not make such refusal/ delay an excuse for non-payment of any Instalments /
dues to Promoter within stipulated time as per the payment plan.
(xx) It is mutually agreed between the Promoter and the Allottee(s) that the Promoter shall not be
liable for repayment of loan amount or any part thereof availed by the Allottee(s). All costs
associated with procurement of loan amount shall be borne by the Allottee(s) alone.
(xxi) Notwithstanding any arrangement between the Allottee(s) and Bank/Financial Institution, if
any amount, including but not limited to cess, levies, fees, deposits, outgoing and maintenance
charges, property taxes, value added tax, service tax, local body tax, works contract tax etc.,
remains un-paid/outstanding at any stage then in that event the right of the Banks/Financial
Institution shall remain subservient to the rights of the Promoter and the Promoter shall have
the first charge on the said Unit and/or the Premises for the un-paid/outstanding amount
including interest thereon.
(xxii) The Allottee(s) shall indemnify and keep indemnified the Promoter and its successors and
assigns from and against all claims, costs, charges, expenses, damages and losses which the
Promoter and its successors and assigns may suffer or incur by reason of any action that such
Bank/Financial Institution may initiate on account of such loan or for the recovery of the loan
amount or any part thereof or on account of any breach by the Allottee(s) of the terms and
conditions governing the said loan in respect of the said Unit.
(xxiii) The Allottee(s) agrees and undertakes that the Promoter shall not be responsible in any
manner whatsoever in case of any attachment or other proceedings that may be made or taken
in respect of the Unit by the concerned authorities due to non-payment by the Allottee(s) or
any other unit holder or owner of their respective proportion of the taxes / outgoings payable
to the concerned authorities on account of default in making such payments.
(xxiv) The Allottee(s) hereby agree and undertake that he/she/they shall pay the insurance
premium of the said Unit and proportionate area of the Project, from such date as intimated
and instructed by the Promoter.
(xxv) The Allottee(s) hereby agrees and undertakes that he/she/they shall maintain and up-keep
the said Unit, Building and the Phase II Project, so that Amenities may be well maintained.
PROMOTER ALLOTTEE(S)
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(xxvi) The Allottee(s) are aware that tiles and natural stone are susceptible to staining and
variations in shade and shall not make the Promoter be held liable in any manner whatsoever,
for the same.
(xxvii) The Allottee(s) undertake/s to timely sign and execute all applications, papers, documents,
undertakings, Sale Deed, Maintenance Agreement, any other agreement/s and all other relevant
papers within such period as notified by the Promoter in writing, after paying registration fee/
charges, stamp duty and other charges/ expenses (as may be applicable). In case, the Allottee(s)
fails or neglects execute and/ or register (if may be applicable) applications, papers, documents,
undertakings, Sale Deed, Maintenance Agreement, any other agreement/s and all other relevant
papers within the date notified, physical possession of the said Unit to Allottee(s) may be
withheld by the Promoter and penalty if any shall be payable under the relevant laws for delay
in such completion. The Promoter shall have the right to cancel the allotment/this Agreement
in case the Allottee(s) fail/s to have the Agreement and/ or Sale Deed within sixty (60) days from
the date notified to the Allottee(s).
(xxviii) The Allottee(s) is aware that the Promoter may, either by itself and/or its
nominees/associates/affiliates also retain some portion or units in the Phase II Project which
may be subject to different terms of use, including as a guest house or an unit for corporate
use, as may be under the applicable laws and the Allottee(s) gives his unequivocal consent for
the aforesaid.
(xxix) The Allottee(s) shall not sell, lease, let, sub-let, transfer, assign or part with the Allottee(s)’
interest or benefit under this Agreement or part with the possession of the Unit till the Date of
Possession and all the amounts payable by the Allottee(s) under this booking are paid in full to
the Promoter and the Allottee(s) is not in breach of any of the terms and conditions of this
Application Form and/ or Agreement for Sale. Any sale/transfer of the Unit after this time shall
require written approval from the Organization of unit owners (and till such time that the
Organization is formed, the Company) and payment of administrative charges as communicated
by the Promoter or Organisation (as the case may be) to ensure that the inherent nature of the
Phase II Project is not compromised by bringing in any member or resident who does not
subscribe to the guidelines, bye laws and/or objectives of the Organization. Any document for
sale/transfer/lease etc. which is entered into by the Allottee(s) with any prospective buyer,
without obtaining written approval of the Organization (and till such time that the Ultimate
Organization is formed, the Company), shall not be valid and not binding on the Organisation
and / or the Company, as the case may be.
PROMOTER ALLOTTEE(S)
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(xxx) At any time after allotment of the Unit, administrative fees of Rs.15,000/- (Rupees Fifteen
Thousand only) [taxes extra] shall be payable in case such nomination / transfer is in favour of
the spouse or child, parents or brother or sister of the either Allottee(s) and the Allottee(s) shall
be solely responsible at their cost, for execution/ registration of such documents to effect such
transfer post approval of the Promoter. However, for such transfer, the permission from both
the Joint Allottee/s is mandatory, if any. The Allottee(s) shall not assign, transfer, lease, sell,
alienate, gift or part with possession of the said Unit, without taking 'No Dues Certificate' from
Promoter and/or the Maintenance Agency regarding the maintenance charges payable for the
Services.
The Parties or himself/themselves with intention to bring all persons into whosoever hands the Unit
may come, hereby represents and warrants as follows :-
PROMOTER ALLOTTEE(S)
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doing the same, and strict compliance of this condition on the part of the Allottee(s) shall be of
the essence of allotment of the said Unit. Failure on the part of the Allottee(s) to implement and
comply with this essential condition will be treated as a breach of this Agreement, and the
Promoter shall thereupon be entitled to cancel and terminate this Agreement.
(ii) Compliance
a. That Allottee(s) shall comply with all the legal requirements as required for the purchase of
immovable property, viz the said Unit as and when applicable. The Allottee(s) has specifically
agreed with the Promoter that the allotment of the said Unit shall be subject to strict compliance
of code of conduct and rules that may be determined by the Promoter for occupation and use
of the said Unit and such other conditions as per the applicable laws and further the Allottee(s)
do hereby confirm and agree to abide by all the rules and regulations of the Maintenance
Agency as would be formed later on amongst all allottee(s). The Allottee(s) shall abide by all the
laws of the land, local laws, rules, notifications etc., at all times, as may be applicable on the said
Unit and shall be solely responsible for the consequences of non-compliance of the rules and
laws of the land, penalty imposed in case of the breach of the same, shall be borne by the
Allottee(s) alone.
b. If the Allottee(s) is the resident outside India or having Non Resident Indian (NRI) or Oversees
Citizen of India (OCI) status, such Allottee(s) clearly and unequivocally confirms he shall be
individually and solely responsible for compilation with the necessary formalities as laid down
in Foreign Exchange Management Act 1999 (FEMA), Reserve Bank of India (RBI) Act and Rules /
Guidelines made / issued there under and all other applicable laws including that of remittance
of payments, acquisition/sale or transfer of immovable property/s in India The Allottee(s) shall
also furnish the required declaration the Promoter in the prescribed format, with such
permission/approvals/no objections to enable the Promoter to fulfill its obligations under this
Agreement. In case any such permission is ever refused or subsequently found lacking by any
Statutory Authority / Promoter, or in case of any implications arising out of any default by the
Allottee(s), it shall be the sole liability and responsibility of the Allottee(s). The Promoter shall
accept no responsibility in this regard and the Allottee(s) shall keep the Promoter fully
indemnified for any harm or injury caused to it for any reason whatsoever in this regard.
Whenever there is a change in the residential status of the Allottee(s), subsequent to the signing
of this Agreement, it shall be the sole responsibility of the Allottee(s) to intimate in writing to
the Promoter immediately and comply with all the necessary formalities, if any, under the
PROMOTER ALLOTTEE(S)
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applicable laws. In event of non-fulfillment of the permission as mentioned above, the amount
paid towards Sale Consideration paid will be refunded without interest, by the Promoter
(excluding taxes) as per the cancellation process mentioned in this Agreement and the allotment
cancelled forthwith and the Promoter will not be liable in any manner on such account. In case
of Non-Resident Indians (NRI) and Persons of Indian Origin (PIO), all refunds, if any, shall,
however, be made in Indian Rupees and Allottee(s) alone shall be liable to get all the necessary
permission for getting the refund of the amount paid towards the Sale Consideration as
mentioned above from the concerned authorities. In case of foreign remittance, the net amount
credited to bank shall be taken as amount received and necessary bank charges shall be borne
by the Allottee(s). The date in which such credit is made to the bank account of Allottee(s) will
be considered as date of payment and no other date. Allottee(s) shall provide to the Promoter
copy of the SWIFT message to trace the remittance in India.
c. The Allottee(s) declares and confirms that the monies paid/payable by the Allottee(s) under this
Agreement towards the said Unit is not involved directly or indirectly to any proceeds of the
scheduled offence and is/are not designed for the purpose of any contravention or evasion of
the provisions of the Prevention of Money Laundering Act, 2002 and rules/directions/ orders
enacted pursuant to the same, from time to time (collectively “Anti - Money Laundering
Regulations”). The Allottee(s) authorizes the Promoter to give his/ their personal information
to any statutory authority as may be required from time to time. The Allottee(s) further affirms
that the information/ details provided herein is/are true and correct in all respect and nothing
has been withheld including any material facts within his/her/their/its knowledge. The Allottee(s)
further un-equivocally agrees and confirms that in case the Promoter becomes aware and/or in
case the Promoter is notified by the statutory authorities of any instance of violation of Anti-
Money Laundering Regulations, then the Promoter shall at its sole discretion be entitled to
cancel/terminate this Agreement for Sale. Upon such termination the Allottee(s) shall not have
any right, title or interest in the said Unit neither have any claim/demand against the Promoter.
In the event of such cancellation/termination, the monies paid by the Allottee(s) shall be
refunded by the Promoter to the Allottee(s) subject to the forfeiture clause and in accordance
with the terms of the Application Form and Agreement only after the Allottee(s) furnishing to
the Promoter a no-objection / consent letter from the statutory authorities permitting such
refund of the amounts to the Allottee(s).
PROMOTER ALLOTTEE(S)
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d. The Allottee(s) shall observe all the rules, regulations and bye-laws applicable to the allotment
of the said Unit and agree/s that it will be used only as per the regulations and designs
concerning to the said Building as approved by the said statutory authorities.
e. The Allottee(s) agrees and confirms that their right, title, interest in the said Unit shall be limited
to and governed by what is specified by the Promoter.
PROMOTER ALLOTTEE(S)
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to use the facilities at the Club shall be personal to the Allottee(s) of the Unit and shall not be
transferable in any manner to any third person or party whatsoever. In the event that the Unit is
sold/transferred by the Allottee(s), then in such event the Allottee(s) shall be deemed to have
transferred the right to utilize the Club as well as the membership to the prospective
purchaser/transferee of the Unit. The Allottee(s) shall be obliged to pay the charges, if any, levied
by the operator of the Club for specific service(s) availed of by the Allottee(s).
f. It is also clarified that no outsider, without prior permission of the Promoter or Maintenance
Agency will be allowed to enter and use the Club.
g. The Promoter does not warrant or guarantee for use, the performance or services, otherwise
provided by the operator of the Club. The Parties hereto agree that the Promoter shall not be
responsible and/or liable in connection with any deficiency or the performance/non-
performance of the services or otherwise provided to the Allottee(s).
PROMOTER ALLOTTEE(S)
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form whatsoever to the proposed Organisation or any other entity save and except the
membership fee, share money and entrance fee per member for such remaining unsold flats/
premises.
d. The Promoter shall be entitled to enter in separate agreements with the owners, allottee(s) of
different units in the Building or Phase II Project on terms and conditions decided by the
Promoter in its sole discretion and shall without any delay or demur enroll the new allottee/s as
member/s of the Organisation or Apex Organisation or Apex Organisations.
e. The Allottee(s) and / or Organisation or Apex Organisation or Apex Organisations shall not claim
any reduction in the Sale Consideration and/or any damage on the ground of inconvenience
and /or nuisance or on any other ground whatsoever. Further, the Promoter shall not be liable
to pay or contribute any amount on account of non-occupancy charges or for any other charges
or fund provided for under the bye-laws, rules and regulations or resolutions of the Organisation
or Apex Organisation or Apex Organisations.
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ii. Structural defects caused by accidental breaking of fire or any kind of explosion of gas
cylinder etc.
iii. Structural defects induced anyhow by failure of waterproofing system(s) of the premises
or the building.
iv. Structural defects induced by Force Majeure situations, such as war, flood, act of God,
explosions of any kind by terrorist etc.
v. Structural defects occurring in the Unit or unit that has undergone civil renovations.
c. In the event of any damage due to wear and tear of whatsoever nature is caused to thereto
(save and except the defects as mentioned hereinabove) after the CAM Commencement Date,
the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage
caused by the Allottee(s) and the Allottee(s) alone shall be liable to rectify and reinstate the
same at its own costs and expenses
PROMOTER ALLOTTEE(S)
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(viii) Branding
a. It is agreed by the Allottee(s) that the name of the Phase II Project and the Larger Property “La
Montana” or of the individual towers may be changed at the sole discretion of the Promoter
and the Allottee(s) shall not be entitled to raise any objection to the same.
b. The Allottee(s) acknowledges, agrees and undertakes that the Allottee(s) shall neither hold the
Promoter or any of its sister concerns or affiliates liable or responsible for any representation/s
or commitment/s or offer/s made by any third party to the Promoter nor make any
claims/demands on the Promoter or any of its sister concerns or affiliates with respect thereto.
12. ASSIGNMENT
The Promoter may at any time assign or transfer (by way of lease, mortgage, sale or otherwise), in
whole or in part, its rights and obligations in respect of the Phase II Project in accordance with the
applicable laws. On such transfer, the assignee or transferee of the Promoter shall be bound by the
terms and conditions herein contained. This clause shall survive termination and/ or cancellation of
this Agreement.
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Forwarding this Agreement to the Allottee(s) by the Promoter does not create a binding obligation
on the part of the Promoter or the Allottee(s) until, firstly, the Allottee(s) 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(s) and secondly, appears for
registration of the same before the concerned Sub-Registrar as and when intimated by the
Promoter. If the Allottee(s) fails to execute and deliver to the Promoter this Agreement within 30
(thirty) days from the date of its receipt by the Allottee(s) and/or appear before the Sub-Registrar
for its registration as and when intimated by the Promoter, then the Promoter shall serve a notice
to the Allottee(s) for rectifying the default, which if not rectified within 15 (fifteen) days from the
date of its receipt by the Allottee(s), application of the Allottee(s) shall be treated as cancelled and
all sums deposited by the Allottee(s) in connection therewith including the booking amount shall
be returned to the Allottee(s) without any interest or compensation whatsoever, subject to the
forfeiture clause as stated in the Application Form or Agreement of Sale.
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in case of a transfer, as the said obligations go along with the Unit for all intents and purposes.
Allottee(s) can assign, transfer, lease or part with possession of the said Unit with the prior intimation
to Promoter. In such an event, except sale, it shall be the responsibility of Allottee(s) to continue to
pay the charges pertaining to the said Unit of whatsoever nature payable under this Agreement to
Promoter. Allottee(s) undertakes that it shall not divide/ sub-divide the said Unit in parts without
the prior consent of Promoter, except the partitions, additions, and alterations as provided in the
Agreement. It is further agreed by Allottee(s) that he/ she/ they shall make sure that in the event
the said Unit is transferred/ sold or Allottee(s) gives temporary possession to any third party, such
person shall from time to time, sign all applications, papers and documents and do all the acts,
deeds, which Promoter require necessary for safeguarding its interest in the Project.
16. 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
this 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.
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20. COMMUNICATION
(i) That all notices to be served on the Allottee(s) and the Promoter as contemplated by this
Agreement shall be deemed to have been duly served if sent to the Allottee(s) or the Promoter
by Registered Post A.D and notified Email ID/Under Certificate of Posting at their respective
addresses as mentioned in this Agreement.
(ii) It shall be the duty of the Allottee(s) and the Promoter to inform each other of any change in
address subsequent to the execution of this Agreement in the above address by Registered Post
failing which all communications and letters posted at the above address shall be deemed to
have been received by the Promoter or the Allottee(s), as the case may be.
(i) All disputes or differences relating or arising out of or in connection with the booking and
allotment shall be read with the terms and conditions contained herein and shall be mutually
discussed and settled between the parties.
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(ii) All disputes or differences whatsoever which shall arise at any time hereinafter between the
parties hereto so far as it is possible, shall be settled in the manner and by the process
mentioned in this clause.
(iii) The Allottee(s) can refer his grievances to the Regional Service Manager for this project (“RSM”)
with necessary supporting papers and documents (“First Level Escalation”).
(iv) Such RSM shall endeavor to satisfactorily resolve such grievance/s within two weeks (or such
extended period duly recorded in written communication by either party/s) of receipt of such
formal communication of grievance (with necessary supporting papers and documents) from
the Allottee(s).
(v) In the event the RSM does not reply to the Allottee(s) within two weeks from the date of
escalation to the Regional Service Manager and/ or if the Allottee(s) is not satisfied with the
response and resolutions received and proposed from such RSM, he shall refer the matter to
Head-CRM (Customer Relationship Management) as the “Second Level Escalation”. In the event
the Head–CRM does not reply to the Customer/s within three weeks from the date of escalation
to Head-CRM and/ or if the Allottee(s) is not satisfied with the response and resolutions received
and proposed from the Head-CRM, he shall have the option to escalate to the Head Customer
Care as the “Third Level Escalation”. In the event the Head Customer Care does not reply to the
Customer/s within two weeks from the date of escalation to Head-CC and/ or if the Allottee(s)
is not satisfied with the response and resolutions received and proposed from the Head-CC, he
shall have the option to refer his grievance to the Ombudsman.
(vi) Once either party decides to refer a grievance to the Ombudsman for resolution, he can write
an email at [email protected] with details of their grievances and issues, with
necessary supporting papers and documents and remedy/ prayer sought from other party. Such
Ombudsman shall be conducted by an independent professional third party/person/body, who
is at arms’s length relationship with both the Parties. The ombudsman proceedings shall be held
in Mumbai only. The proceedings shall be conducted in English language. Costs and expenses
for such ombudsman process is mentioned in the Ombudsman Policy framed by the Promoter
and displayed at its website.
(vii) If the disputes or differences between the Parties as mentioned above remain un-resolved post
referring the same to Ombudsman or the Allottee(s) is not satisfied with the award of the
Ombudsman, either Party shall have the option to refer such matter to arbitration in accordance
with and subject to the provisions of the Arbitration and Conciliation Act, or any statutory
modification or re-enactment thereof for the time being in force. The reference shall be made
PROMOTER ALLOTTEE(S)
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to only a sole Arbitrator nominated mutually by both the parties. The award of the Arbitrator
shall be final and binding on the Parties to the reference. The seat of arbitration and arbitration
proceedings shall be held in Mumbai only. The proceedings shall be conducted in English
language. Costs and expenses for such arbitration proceedings shall be equally borne by the
parties.
(viii) This Agreement shall be construed and the legal relations between the Parties hereto shall
be determined and governed according to the laws of India and the courts of Mumbai shall
have exclusive jurisdiction.
(ix) This clause shall survive termination.
All that pieces and parcels of lands bearing Survey no. 126/2 admeasuring 9843.08 sq. mtrs.
(including Building Area of 1567.7 sq. mtrs.) or thereabouts situated at Old Mumbai Pune Road,
Vadgaon, Pune District, Maharashtra and bounded as follows :
PROMOTER ALLOTTEE(S)
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Residential Unit No. _______ admeasuring _________ sq. mtrs. equivalent to sq. ft. carpet area on
__________ floor in ________ building/ Tower / Block in the Phase II Project along with proportionate
right in common areas of the said Phase II Project.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS AND SEAL TO THESE
PRESENTS ON THE DAY, MONTH & YEAR FIRST ABOVE WRITTEN IN THE PRESENCE OF THE
FOLLOWING WITNESS:
1._________________
2._________________
PROMOTER ALLOTTEE(S)
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The Allottee(s) has/ have paid a sum of Rs. __________________ (Rupees _________________________
___________________________________________________________________________________________________)
on or before execution of these presents and the balance consideration is payable as per the
following payment plan as agreed between the parties and attached to this Agreement.
WE SAY RECEIVED
For TATA VALUE HOMES LIMITED
PROMOTER
PROMOTER ALLOTTEE(S)
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LIST OF ANNEXURES
PROMOTER ALLOTTEE(S)
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ANNEXURE A
COPY OF THE AUTHENTICATED APPROVED PLAN OF THE SAID LARGER PROPERTY
PROMOTER ALLOTTEE(S)
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ANNEXURE B
COPY OF THE AUTHENTICATED APPROVED PLAN HIGHLIGHTING THE SAID BUILDING
AREA WITHIN THE SAID LARGER PROPERTY IN HATCHED LINES.
PROMOTER ALLOTTEE(S)
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ANNEXURE C
List of Permissions and Approvals for the Unit
PROMOTER ALLOTTEE(S)
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#
The Promoter has clarified to the Allottee(s) that the Phase II Project may not have the necessary civic and infrastructure facilities in
place as on the date of booking or at handing over of possession of the said Unit, as the same is to be provided by the concerned
government or local authority or body. The Allottee(s) agrees that since this is beyond the control and scope of the Promoter, they shall
not to hold the Promoter responsible for the delay/ non-provision of civic and infrastructure facilities by any authority.
ANNEXURE D
COPIES OF THE FOLLOWING DOCUMENTS
NA Order of the District Collector, Pune bearing no. PMA/NA/SR/174/10 dated 5 March,
2011 and PMA/NA/SR/213/12 dated 21 November, 2012.
The Occupation Certificate bearing no. BMA/ MA-VADGAON/ No.474/Sr. No. 126/2 & Etc
issued by Pune Metropolitan Regional Development Authority (PMRDA) dated 22 August,
2016.
PROMOTER ALLOTTEE(S)
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ANNEXURE E (colly)
PROMOTER ALLOTTEE(S)
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ANNEXURE E (colly)
LIST OF ENCUMBRANCES ON THE SAID PHASE II PROJECT
A. Litigations :
1. RTS/Revision 190/2016 (Tata Value Homes Ltd. Vs. Sitaram Dhore) before the Hon'ble
Sub Divisional Officer, Maval. Appeal filed before the Sub Divisional Officer against the
order passed by the Tahasildar in the obstruction application filed by Sitaram Dhore.
Sitaram Dhore the adjacent owner is asking for right of way passing through La-Montana
Project. The matter is pending.
2. Appeal No. 151/2015 (Tata Value Homes Ltd. Vs. Tahasildar Maval Circle Officer) before
the Hon'ble Sub Divisional Officer, Maval. The Tahasildar has issued notice for payment
of royalty. An Appeal has been filed by TVHL before the Sub Divisional Officer. The matter
is pending.
B. Disclosure :
1. Central Bank of India – The Promoter has obtained Cash Credit Facility of Central Bank
of India on 26.09.2016. Security for the same being 1st Pari Passu charge under multiple
banking arrangement by way of Hypothecation of entire current assets of Tata Value
Homes Limited, both present and future.
2. IDBI Bank - The Promoter has obtained working capital facility from IDBI Bank on
18.12.2015. Security being 1st Pari Passu charge on the entire current assets of the
project, both present and future along with other banks under the Multiple Banking
Arrangement and 1st Pari Passu charge on the entire movable fixed assets of the project,
both present and future along with other banks under the Multiple Banking
Arrangement.
3. HDFC Bank- The Promoter has obtained Cash Credit / Working Capital Demand Loan
and Non fund based facility from HDFC Bank on 12.04.2012. Security being 1st Pari
Passu charge on the current assets (Present and future) of Tata Value Homes Limited.
PROMOTER ALLOTTEE(S)
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ANNEXURE F
AUTHENTICATED COPY OF THE PROPERTY CARD OF PHASE II PROJECT
PROMOTER ALLOTTEE(S)
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ANNEXURE – G
PROMOTER ALLOTTEE(S)
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PROMOTER ALLOTTEE(S)
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ANNEXURE – H
AUTHENTICATED COPY OF THE APPROVED FLOOR PLAN OF THE SAID UNIT
PROMOTER ALLOTTEE(S)
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ANNEXURE I
PAYMENT SCHEDULE AND DEPOSITS AND OTHER CHARGES
NOTE : 1. All construction related dues need to be completed within 45 days from the date of the Application Form
2. Time bound payment shall be payable as per the aforesaid schedule without need of any demand letter and/ or reminder from the
Promoter
3. In the event the Applicant/s approaches a Bank/ Financial Institution for availing a loan, any delay by such Bank/ Financial Institution
in making the payment as per the payment schedule shall attract interest as per applicable law from the date such amounts fall due till
realization of payments by the Promoter.
4. Sanction Letter cannot be submitted to cover any portion of payment of 19.9% and this should be paid by the Applicant/s from his
own sources only.
5. The amounts mentioned in here are exclusive of all taxes, charges, levies, duties, cess etc., including but not limited to service tax, VAT,
TDS, GST and its effect, Krishi Kalyan Cess, Swach Bharat Cess, Land under construction tax, Local body tax, External development charges,
infrastructure development charges (like water, electricity and sewerage connection charges and all deposits payable to the concerned
authorities) and/ or all other direct/ indirect taxes/ duties, impositions, stamp duty, registration fees, both present and future, applicable
levied by the Central and/or State Government and/or any local, public or statutory authorities/ bodies in respect of the Unit and/or the
transaction contemplated herein and/or in respect of the Sale Consideration and/or the other amounts shall be payable by the
Applicant/s. The quantum of such taxes, levies, duties, cesses, charges as decided/quantified by the Promoter shall be binding on the
Applicants/s.
6. The Applicant/s shall pay all charges and expenses with respect to formation and conveyance to the Organization and Apex
Organization (as the case may be), including but not limited to professional costs of the Attorney-at-Law/Advocates of the Promoter,
Share Money, Legal Charges, Society formation and consultancy retainer fees etc. including, for preparing its rules, regulations and bye-
laws and the cost of preparing and engrossing the conveyance or assignment of lease, as the case may be, at any time on or before the
execution and registration of the Agreement for Sale.
7. The Applicants/s shall pay interest/ penalty/ loss that may be incurred by the Promoter on account of the Applicant’s failure and/ or
delay to pay such taxes, levies, cess, statutory charges etc.
8. Amounts mentioned as other charges and outgoings are provisional and based on estimates. If there is any increase due to actual cost
incurred or demand by statutory authorities and/ or otherwise, such shortfall shall be paid by the Applicant/s.
PROMOTER ALLOTTEE(S)
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ANNEXURE J
PART C – COMMON AREA, AMENITIES AND FACILITIES FOR THE SAID LARGER
PROPERTY
( to be shared between all phases of the said Larger Property)
List of Amenities and Description / Stage wise time schedule of completion
Specifications for the Capacity
Phase II Project
Water Storage 3,00,000 Litres of UG Completed
Tank constructed
Power Substation of 4605 Completed
KW
PROMOTER ALLOTTEE(S)
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1. The Building is designed as per Indian Standard code and satisfying Codal provisions of
Earthquake resisting measures.
2. The technology used for the construction is system formwork
PROMOTER ALLOTTEE(S)
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ANNEXURE - K
DECLARATION
OR M/s. ______________
having its registered office at___________________________________________________________
through its Authorised Signatory _______________________________
Do hereby declare that we are the Allottee(s) Unit No. ___________ at Floor__________ in Building
_______________________, “La Montana Phase II”, constructed at Old Mumbai Pune Road, Vadgaon,
Pune District, Maharashtra and that we shall abide by the terms and conditions of this Agreement.
We further undertake to comply with the decisions of the Organization (as and when formed) taken
from time to time. We also undertake to pay monthly subscription/ common expenses or other fund
or deposit in accordance with the decisions of the General Body/ Board of Managers of the
Organization.
PROMOTER ALLOTTEE(S)
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AFFIDAVIT
I/We _____________________________________________________________________________
___________________________________________________________________________________R/o_________________
or M/s._________________________________________________________________________ having its registered
office at _____________________________________________________________ _________________________ through
its Authorised Signatory _________________________________ do hereby affirm and declare as under:
1. That I / We have purchased a flat No. ___________, on __________ Floor, in ___________ Building,
having a carpet area of _____________ sq. mtrs / _________ sq. ft. in ““La Montana Phase II””,
constructed at Old Mumbai Pune Road, Vadgaon, Pune District, Maharashtra (hereinafter
referred to as “the Unit), Tata Value Homes Limited (herein referred to as ‘PROMOTER).
2. That the Promoter has offered to install requisite equipments in order to make available power
backup in the Project.
3. That I / We accept the above offer on the broad terms as envisaged herein below.
4. That I / We hereby agree to avail power backup services at the Unit, to be provided by the
nominated Maintenance Agency of the Promoter (hereinafter referred to as the ‘Maintenance
Agency’).
5. That I / We do hereby affirm and declare that I / We shall use the power backup services in
conformity with the conditions, rules, regulations, circulars, instructions, notices and
information as may be provided by the Promoter / Maintenance Agency.
6. That I / We do hereby agree, affirm and declare that I / We shall regularly pay the
proportionate consumption charges calculated on per unit metered reading basis, that may
installed by the Promoter / Maintenance Agency from the Electrical supply company (ESC)
and / or any alternative source of energy.
7. That I / We do hereby agree and affirm that I / We shall be billed by the Promoter / nominated
Maintenance Agency based on metered reading and that I / We undertake to pay the same
within 7 days of receipt of the said bill.
8. That I / We agree that in the event the Promoter installs a separate electric meter for such
purpose, I / We shall have no objection to the same.
9. That I / We understand that in the event a separate electric meter is installed by the Promoter
/ Maintenance Agency from the Electrical supply company (ESC) and / or any alternative
source of energy, the cost of such installation / repairs / replacement shall be borne by me /
us.
10. That I / We hereby agree and affirm that in the event of non-payment of the aforesaid bills
within due date, the Promoter / Maintenance Agency shall be at liberty to disconnect the said
Power Backup services and demand payment of interest on the delayed payment at such
interest rates at par with long term deposit along with other surcharges at applicable rates
PROMOTER ALLOTTEE(S)
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which I / We shall be obliged to pay. Further any reconnection of the same shall be done only
after payment of all the dues, including interest, cost, damages, etc. I / We agree that the cost
of reconnection shall be borne by me / us.
11. That I / We shall pay all the aforesaid charges billed to me / us and I / We shall not hold or
delay the payment of bill of any difference / dispute as to the accuracy or otherwise. I/ We
further agree and affirm that in the event of any difference/dispute, I / We shall first pay the
required bill and thereafter seek to resolve the dispute within seven days of the due date as
stated in the bill.
12. That I / We do hereby agree and affirm that all installations including but not limited to
electrical wiring inside the Unit shall be done in conformity with the specifications and
standards provided by the Promoter / Maintenance Agency at costs to me / us. I / We shall
be solely responsible for any accident, injury, damage to the Unit /Building and shall not hold
the Promoter / Maintenance Agency responsible for any default or non-compliance in this
regard.
13. That in the event the Unit is Leased / Licensed to any other person or entity, I/We shall
indemnify the Promoter / Maintenance Agency towards timely and adequate payment of bills
towards the aforesaid power backup services.
14. That in event the Unit is Leased / Licensed to any other person or entity, I/We shall indemnify
the Promoter / Maintenance Agency against any theft, misuse, nuisance, delay or default in
payment of consumption and other charges due and payable by such person or entity.
15. I / We agree that in case of non-use of power backup services for a period of one month or
more, I / We shall pay the minimum per KWH of my/our connected load as per the circular /
guidelines issued by the Promoter / Maintenance Agency from time to time, provided prior
intimation thereof has been given to the Promoter / Maintenance Agency.
16. That I/We agree and affirm that I/We shall always comply with the applicable laws for the time
being in force including but not limited to electricity laws and shall throughout indemnify the
Promoter / Maintenance Agency against non-compliance of the same on my / our part.
DEPONENT
VERIFICATION
Verified this _______ day of ________________, 20_____ that the contents of Paras 1 to 16 of the Affidavit
are true and correct to my own knowledge and that nothing material has been concealed therefrom.
DEPONENT
PROMOTER ALLOTTEE(S)
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ANNEXURE - ‘L’
From:
_____________________________
_____________________________
_____________________________
To,
The Secretary,
“La Montana Phase II Flat Owners Organisation”,
Old Mumbai Pune Road,
Vadgaon,
Pune District,
Maharashtra.
Sir,
I/We have entered into an agreement with Tata Value Homes Limited to purchase the Unit bearing
unit No. _________, at _______ floor in ___________________ Building in the Complex “La Montana Phase
II”.
Please enroll me as a member of the “La Montana Phase II Flat Owners Organisation” ”, and I/We
herewith remit a sum of Rs. ___________________/- (Rupees __________________________________
_____________________________________________) towards entrance fees of the said Organization.
Kindly keep me/us informed of the activities of the Association from time to time.
Thanking you,
Yours faithfully
INSERT Re 1
REVENUE
STAMP
PROMOTER ALLOTTEE(S)
Page 66 of 68
(_________________________)
Allottee(s)/Member
Date :
ANNEXURE - ‘M’
Dear Sirs,
Enclosed herewith is a duly filled Membership Form and Declaration for enrolment as Member of
“La Montana Phase II Flat Owners Organisation ”.
I/We also authorize M/s ___________________________________ and / or its officers to process the
documents / papers for formation of the Association and take all appropriate steps / action in this
regard.
Thanking you,
Yours sincerely,
_____________________
Name: ________________________________
Address: ______________________________
______________________________________
______________________________________
______________________________________
Encls: As above.
PROMOTER ALLOTTEE(S)
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ANNEXURE - ‘N’
DECLARATION
I / We _______________________________________________________________________________
R/o_________________________________________________________________________________
or M/s. ______________________________________________________________________________ having its
registered office at_____________________________________________________________
____________________________ through its Authorised Signatory ______________________________ do hereby
declare that we are the ALLOTTEE(S) / owner(s) of Unit No. _________ at Floor________ in Building
_________________________, “La Montana Phase II”, and that we shall abide by the provisions of the
regulations applicable rules made thereunder and the Bye-laws of the Organization. We further
undertake to comply with the decisions of the “La Montana Phase II” Flat Owners Organisation taken
by it from time to time. We also undertake to pay monthly subscription / common expenses or
other fund or deposit in accordance with the decisions of the General Body / Board of Managers of
the Organization.
Date:……………..…….. Signature………..........………..............………………
PROMOTER ALLOTTEE(S)
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ANNEXURE - ‘O’
FLAT OWNERS ASSOCIATION
Detail of Property
Building:_________________
Residential Apartment No.: _________________
carpet area: ____________________
1. Name:
2. Son / Daughter / Wife of:
3. Resident of:
4. Permanent Address:
5. Office Address:
6. Telephone:
a. Residence:
b. Office:
c. Mobile:
7. E-mail:
PROMOTER ALLOTTEE(S)