MAINTENANCE AND SERVICES AGREEMENT

THIS MAINTENANCE AND SERVICES AGREEMENT is made and executed at Chennai on

this the _____ day of ___________ 2016

BETWEEN

M/s. ________________________________________________________________________)
a Private Limited Company incorporated under the provisions of the Companies Act, 20131956
and having its registered office at ____________________________________________India,
and having its Chennai office at ________________________________________________
____________________________, represented by its Authorised signatory, Mr __
________________________________aged about __ years duly authorized vide Board
Resolution dated _________ or ________, Son of _________, aged about __ years [duly
authorized vide Board Resolution dated ________], (hereinafter referred to as
“DEVELOPERPROMOTER” or “Maintenance Agency”, which expression shall, unless it
be repugnant to the context or meaning thereof, be deemed to mean and include its successors in
business, nominees, administrators and permitted assigns) of the PARTY OF THE FIRST
PART.
 2

AND

_____________________, S/o OR D/o. _________________, aged about _____ years residing

at _____________________________________ being the Allottee of the unit in the project in
Phase _________, Tower No. ____, _____ Floor, Flat No. ________. (hereinafter called the
“PURCHASER/S) include his/her/their heirs, executors, legal representatives, administrators
and assigns) of the PARTY OF THE SECOND PART.

WHEREAS:

(A) The OWNER (S) has purchased from the DEVELOPERPROMOTER Flat No.________
Floor ______, Tower ____ which is having a super area admeasuring ________ sq.ft,
(hereinafter referred to as the ‘FLAT’), in ”______________” as per Schedule B, a Residential
Complex developed by the DEVELOPERPROMOTER on a land admeasuring approximately
______ acres, which is part of the __ acres situated at __________, Chennai, Tamil Nadu, more
specifically described in the Schedule-A., (hereinafter referred to as the ‘SAID PROJECT).

WHEREAS tThe developerPromoter had proposed/ formulated a Scheme along with Land
Owner for the development and construction on the Schedule-A property in various phases and
this agreement pertains to Phase-I of the project hereinafter referred to as
”____________________” as per Schedule C thereof wherein Residential Apartments
complex have been constructed and developed, consisting of ____ numbers of Blockstowers
(Consisting of ___ vegetarian blocks _________ and _____ cosmo block _________ totally
having ______ numbers of Apartments Part of Phase-I of various Phases) , with common
amenities and facilities which are provided therein to be used in common (hereinafter referred to
as the Project).

(B) Pursuant to the terms and conditions of the Application Form, Agreement for Sale and
Construction executed by the OWNER(S) of the said Flat / Villa, the
DEVELOPERPROMOTER has presently nominated itself as the Maintenance Agency for
upkeep and maintenance of common areas and facilities of the said Project, and shall be entitled
to nominate any other agency for the said works in future, subject to the provisions of this
agreement. The DEVELOPERPROMOTER/Maintenance Agency herein agrees to maintain and
operate the Common Areas and/or services and facilities provided in the Project (more
specifically defined in Clause 2.1 to 2.09 and exclusion as per 2.10), until the same are taken
over to the local body.

(C) The Maintenance Agency shall accordingly maintain and operate the various common
services and facilities in the said Project. The internal maintenance of the Flat (including
insurance of contents, fixtures and articles lying therein) shall, however, be the sole
responsibility of the OWNER(S)/OCCUPANT(S).

(D) The Application Form, Agreement for Sale and Construction Agreement between the
Promoter and Owners herein, and agreement for sale of UDS and sale deed provides that the
OWNER(S) shall sign a formal Maintenance Agreement at the time of taking possession of thee
said Flat.
 3

NOW, THEREFORE, THIS MAINTENANCE AND SERVICES AGREEMENT

RECORDS AS UNDER:

(1) That the Maintenance Agency/Promoter agrees to provide maintenance and operation of
various services and facilities in the said Project viz. ”Abhinandhan_________” situated on a
land admeasuring approximately _____ acres, situated at Perambur Village, Chennai, Tamil
Nadu. The Flat owner agrees and binds himself / herself to pay the
DeveloperPromoter/Maintenance Agency, without demur, charges at such rates for maintaining
these services agreed from time to time.

(2) That the scope of maintenance of various common services, utilities and facilities outside
the said Flat/Villa but within the Project shall include
2.1. Sanitation
1.1 Cleaning of external area of development.
1.2 Cleaning of surface drains, sewage disposal system.
1.3 Operation/maintenance of Storm/Rain Water Harvesting System (as applicable).
2.2. Horticulture
Regular maintenance and upkeep of landscape in common areas.
2.3. Water Supply
1.1 Arrangement of water supply through tube wells, available metrowater
distribution supply lines and booster pumps.
1.2 Maintenance, operation and upkeep of Pumping sets / tanks / pipe lines etc.
2.4. Power Supply
1.1 Maintenance of power distribution network including transformers, switch gears,
cables, feeder pumps etc.
1.2 Operation and maintenance of street lights and lights in other common spaces.
1.3 Operation and Maintenance of Generator Sets.
2.5. Civil Maintenance
Periodic maintenance/pot hole repairs of roads, sidewalks etc.
2.6. General watch & ward
Watch and ward in the Colony and common areas shall also be the responsibility of
the maintenance agency
2.7 Signages
Repair/ replacement/ painting of signages, guide maps and gates.
2.8 Elevators
Operation and Maintenance of Elevators
2.9 Fire Fighting system
Operation and Maintenance of Fire Fighting System installed for the common areas.

2.10 Internal Maintenance/Insurance:

That it is understood by the Owner(s) that the internal maintenance of the Flat and also
the insurance & maintenance of the equipments installed / termite treatment within Flat
 4

shall always remain the responsibility of Owner(s) and the DeveloperPromoter /

Maintenance Agency shall in no way responsible.

(3) MAINTENANCE CHARGES:

The User agrees and undertakes to pay the Maintenance Charges in advance for the period of __
Months, initially through one current cheque for __ months and __post-dated cheques for
subsequent years maintenance to be encashable in ___ subsequent months calculated on the
basis of super area of the Flat and thereafter at the end of ___ months and, shall continue to pay
the applicable Maintenance Charges for the next ___ months in advance, as per the bills raised
by the Maintenance Agency in this regard. The User understands that as per the Agreement of
Sale of UDS and Construction Agreement, the Maintenance Charges are to be levied from the
date of issuance of offer of possession of Flat as informed at the time of offer of possession.

The delivery schedule of different phases (_________________________) of the project will be

spread over a period of time. It is understood and agreed by the Flat owner that the maintenance
charges paid by him for the period of _______ years starting from Installation of Individual
Meter is provisionally calculated on the present rates and are subject to revision at the end of
maintenance period i.e. …………….. (date).

The rate of Maintenance Charges shall be revised at the end of ___months or earlier in case of
any drastic changes in the cost of various services including materials, and the same shall be
payable from the date of intimation. The said revision in the Maintenance Charges shall be
informed to the Flat Owner in writing or through ’ mail.

The basis for the Maintenance Charges to be billed to the User shall be as under:

A. Maintenance Services:

i) The Maintenance Charges shall be calculated by taking into account the entire
cost incurred by the Maintenance Agency for rendering total services including any statutory
charges/taxes applicable thereon and the bills for the same shall be raised. The charges which are
billed and collected separately from the maintenance charges as mentioned in this agreement,
will be excluded from the above calculations.

ii) The Maintenance Agency shall also bill the charges relating to the operation and
maintenance of various common services in the Said Project in which the Said Flat is located,
and also the expenses in maintaining the common road/area and pathways leading up to the said
Project, but within the project boundary.

B. Utilities:

i) Common Area Electricity charges & Power back up charges:

Common Area Electricity charges payable by owner(s) shall be computed on the
basis of total TNEB bill paid by maintenance agency and the Electric
consumption charges on account of common facilities like lights, lifts & power
for other essential services will be included in the maintenance charges.
However, power backup if provided to each flat will be charged based on the
consumption by a separate meter individually.
 5

Cost of fuel incurred on running DG sets for energizing the common area and
common services for the period of beyond ___ hours in a month shall be borne by
the owners proportionate to the size of the Flat and bill to be cleared by 15 th of the
subsequent month failing which, it will be adjusted from the maintenance
advance, if any held in the account of flat owner.

ii) Water and Sewerage Charges:

That the Water and Sewerage connection charges, addition/ modification charges, cost of
service cables, Security or other Charges/Deposits for common areas and common
services, as applicable, shall be borne and paid by the Owner(s) on demand. Moreover
the Water and Sewerage connection charges, Electricity Connection Charges, cost of
service Cables, Security or other Charges/Deposits for their individual units shall be
borne and paid by the owner(s)/ flat owner(s) directly to the authorities.

That the SECOND PARTY further agrees not to raise any dispute to this arrangement
either with regard to installation of DG Equipment or the charges demanded by the
FIRST PARTY/the Maintenance Agency/ Flat/Unit Owners Association.

That it is also agreed by the Owner(s) that the DG Sets and other equipments installed by
the FIRST PARTY for providing power to the Complex shall be subsequently utilized by
the FIRST PARTY/Maintenance Agency/RWA as the case may be to continue to provide
power back-up to common services/facilities in the Complex when regular supply is not
forthcoming.

The approval for water and sewer connection and connectivity is already obtained by the
developerPromoter/ maintenance agency from necessary Government authorities. In case
of additional requirement of water supply, which is to be procured from external agencies
to meet the requirement, the same shall be payable by the Unit/ Flat owner(s) on super
area basis, based on the bills raised by the maintenance agency.

The Unit/Flat Owner(s) undertakes to pay additionally to the

DeveloperPromoters/Maintenance Agency on demand the sewer usage charges and the
water procurement and consumption charges and / or any other charges which may be
payable in respect of the said Flat, if any demanded, by the Authorities.

Revision in Charges:
The rates of maintenance charges and power backup charges of the Flat have been fixed
in the context of the current prices of various inputs, services, official levies, fees and
taxes, cost of diesel, cost of running of machinery, equipments under AMC etc installed
in the Complex, prevailing Unit rates of power and minimum wages applicable as o as
on 01.___.201_. The Flat/Villa Owner(s) specifically agrees that the DeveloperPromoter/
 6

Maintenance Agency may suitably increase the aforesaid rates of maintenance from time
to time, as may be required, to cover any increase of present levies, wages, rates or
imposition of new ones by the Government/ Local Bodies. The assessment by the
Maintenance Agency of such increase shall be binding on the Flat Owner(s) and is
agreed by the Flat owner.

4. PROCEDURE OF BILLING AND PAYMENT:

i) The Maintenance Agency shall after the expiry of present agreement raise the bill
for further ____ months as advance Maintenance Charges as mentioned in clause 3A on the Flat
Owner(s). The Flat Owner(s) undertakes to pay the entire amount of Maintenance Charges as
stated in the bill on or before the due date specified. No part payment shall be accepted and even
if the Maintenance Agency accepts it, the same. shall, nevertheless constitute default by the Flat
Owner(s) and the payment can be effected by Cheque/Demand Draft/RTGS/Credit Card/Debit
Card.

ii) The Maintenance Agency shall raise bills for utilities as per clause 3B on the Flat
Owner(s) for actual consumption of utilities including but not limited to electricity and water
charges. The Flat Owner(s) undertakes to pay the entire amount of additional DG cost, backup
power to the flat & water charges and any other charges billed as stated in the bill on or before
the due date specified. No part payment shall be accepted and even if the Maintenance Agency
accepts it, the same shall, nevertheless constitute default by the Flat Owner(s).
iii) All payments shall be made by the Flat Owner(s) through Crossed Cheque/
Demand Draft / Credit Card only, drawn in favour of
“_____________________________________ Chennai”, payable at Chennai and shall be
deemed to have been paid only when the amounts are credited to the above account.

iv) In the event of delay/default by the Flat Owner(s) in payment of the Maintenance
Charges/utilities bills by the due date mentioned in the bills, the Maintenance Agency shall have
the right to adjust the unpaid amount from the principal amount of IFMD (Interest Free
Maintenance Deposit.)

v) In case due to the aforesaid adjustment, the principal amount of IFMD falls below
the required amount, then the Flat Owner(s) shall be liable to make good such short fall within
fIfteen (15) days of intimation from the date of intimation upon writing by the
developerPromoter/maintenance agency, failing which the Flat Owner(s) shall be liable to pay
interest @ 18% p.a. on, the unpaid amount for the period of delay in payment after the due date.

If the Flat Owner(s) defaults in making the shortfall within a further period of fifteen
(15) days, the Maintenance Agency shall have the right to withhold/ discontinue the
Maintenance Services/ utilities for the Said Flat , at any time, without any further notice.

The Flat Owner(s) agree that the developerPromoter/ maintenance agency has the right to
publish the name(s) of the defaulters in the notice boards of the tower/society/Project.
Notwithstanding anything contained herein, the Maintenance Agency shall have the first charge
on the Said Flat for the recovery of the aforesaid unpaid amounts (including interest thereon).

vi) Without prejudice to the right of the Maintenance Agency to recover the
Maintenance Charges/ utilities bills in the aforesaid manner and to charge interest for the period
of delay, the unpaid bill shall be deemed to be a notice to the Flat Owner(s) to the effect that if
the amounts stated in the bill is not paid by the due date, the Maintenance Agency shall have the
right to discontinue the provision of Maintenance Services/utilities/ to run and operate the
equipments of utilities to the User till the date of payment of the unpaid amount along with
 7

interest.

(vii) All returned/ dishonoured cheques/ Demand Draftshall be subject to legal action
under the provisions of under Section-138 ofNegotiable Instrument Act, 1881 or any
modification thereof apart from civil action for recovery of the amount. The Maintenance
Agency shall be entitled to recover bank charges for the dishonoured cheques in addition to bill
amount, interest at the rate of 18% p.a. and other charges as provided in this Agreement in case
of dishonoured cheques.

(viii) The payment of bill shall not be held up/ delayed even if there are any differences
or disputes as to its accuracy. Any such difference or disputes regarding accuracy of the bill shall
be separately settled as provided in Annexure C, Clause 10 of this Agreement.

(ix) Notwithstanding any clause of this Agreement, the liability of the Maintenance
Agency to provide Maintenance Services is conditional on the Maintenance Agency getting the
Maintenance Charges/ utilities bills within the stipulated time from all the Flat Owner(s), in no
event less than 75-80% of the actual Flat Owner(s). In the event there is a default by more than
20-25% of the Flat owners to pay the Maintenance Charges/ utility bills the Maintenance
Agency shall not be obliged to provide any Maintenance Services and / or run or operate the
utilities equipments to any of the Flat owners till the date the unpaid amounts are received,
irrespective of the Maintenance Charges paid by any individual Flat owner. The user/Flat
Owner(s), who had paid the charges, agrees to bear the discomfort for some time, to ensure
recoveries from the defaulter(s) are ensured for efficient maintenance services.

(5) In consideration of the MAINTENANCE AGENCY carrying out the maintenance of

various services and facilities, as enumerated in Clause 2 above, the ‘OWNER (S)’ agrees to
pay lump sum Maintenance charges calculated @ Rs. ____/-per sq. ft. per month of the Super
Area of the Flat , plus applicable service tax, from the date mentioned in the notice of
possession, starting from Installation of Individual Meter, being __ months. The payment(s)
shall be made by cheque/ draft as under:

a) Cheque / Draft No._________ dated ________, Drawn on ______ for

Rs.___________/-

in favour of “_______________________________________________ Chennai.

(6) In addition to the payment of Maintenance Charges, the Purchaser/Owner/SECOND
PARTY shall pay Rs.___/-per sq. ft. of the Super Area of the Flat as Society Deposit. The
Society Deposit so collected will be deposited in a separate account as FD and not to be utilized
and to be handed over to the Owners’ Association as and when formed.

(7) That it is understood by the OWNER (S) that the Flat Owner(s) is required to make an
application for sanction/grant of power connection (Through PoA in favor of
developerPromoter) in the Project to ensure that the main supply from Tamil Nadu Electricity
Board (TNEB) in the Project is sanctioned in favour of the Association (for common
area/services), which alone shall be responsible for its operation.

(8) That an application for sanction of Power Connection in the Project shall be made by or
on behalf of the Association.
 8

(9) That it is also understood by the OWNER (S) that even though the power connection
maybe sanctioned for the Project in the name of the Association or the individual Owner(s) as
may be applicable, but actual (TNEB) Tamil Nadu Electricity Board supply/commissioning
thereof may take quite sometime having regard to the general shortage of power supply in the
area. The OWNER(S) authorizes the FIRST PARTY/Maintenance Agency and the FIRST
PARTY/Maintenance Agency agrees and undertakes to provide DG power on chargeable basis
to the personal use inside the apartment and use in common areas/services in the Complex
beyond 60 hours in a month in the Project in which the FIRST PARTY owns the Flat/Villa. It is
understood by the Owner(s) that DG power for inside the apartment use will be made available
only till the TNEB power supply is made un-available. Further the DG supply is restricted only
to the common areas and common facilities and on chargeable basis for individual use inside the
flat. The energy consumption charges on DG supply will be intimated to the residents from time
to time based on the input cost. DG will run for common purposes only for a maximum of 60
hours per month free by the maintenance agency. The energy consumption charges on DG
supply will be intimated to the residents from time to time based on the input cost and to be paid
by Owner(s).
(10) That the said Complex in the Project is equipped with Electricitynergy Meter for
common areas services & facilities, for recording payment/recharging of electrical energy inside
the Complex/ Project through TNEB Tamil Nadu Electricity Board. The Tariff per unit for Tamil
Nadu Electricity Board supply (As & When connected to the Project) shall be at the then
prevailing Tamil Nadu Electricity Board rate. The Tariff shall also include the meter hire charges
and a minimum demand charges if the consumption falls below the minimum demand.

(11) That the Maintenance Agency shall provide the maintenance services in the Project
3 years initially and extended yearly, subsequently. Thereafter, upon the Residents Welfare
Association (RWA) taking over maintenance and operation of services, the resident welfare
owner(s) association (RWA) shall be responsible for payment of Maintenance Charges at such
rates as may be determined by the Agency from time to time. The terms and conditions
mentioned herein shall continue to govern the relations between the Individual Owners and the
RWA and can be modified in future as per requirement.

(12) That in case second party intends to transfer/ sale of the said Flat/Villa, the Second Party
shall obtain a ‘No Dues Certificate’ from the DeveloperPromoter/ Maintenance Agency in the
first instance during the subsistence of this Agreement and any amendments thereof. The NOC
will be granted by the Promoter only after, Pending dues of maintenance charger, if any are paid
by the owners In case the said Flat is given on rent/lease by the Owner(s), the details of such
occupancy or the tenancy shall be intimated by the Owner(s) to the DeveloperPromoter/
Maintenance Agency. It is understood that the rules and regulations/ bye laws governing the
individual Flat are clearly spelt out to the tenant and he/she will abide by the same in all times.
However, the responsibility for the conduct of tenant in this regard lies with the owner. Payment
of Maintenance Charges shall always continue to be the responsibility of the Owner(s).

(13) That the maintenance charges including the electricity consumption charges and any
other charges billed to the Flat owner(s) stipulated herein and payable by the Second Party shall
 9

constitute the first charge on the Flat .

(14) That it is well understood by the Flat Owner(s) that the maintenance and provision of
services and facilities in the Project and the Flat as mentioned hereinabove shall always be
subject to payment of Maintenance Charges by the Owner(s).

(15) That the guidelines have been issued by the Maintenance Agency to be observed by the
Owner(s)/Occupant(s) who wish to undertake interiors in the Flat as also certain other do’s and
don’ts which the Occupant(s) are required to comply in their own interest as well as the interest
of the other occupants of the Project. These guidelines will continue to be provided from time-
to-time and are annexed herewith as ANNEXURE A and the Owner(s) undertakes to comply
with the same.

(16) That the Owner/s agrees that when the Clubhouse within the _________ Project
becomes functional, keeping in view the general requirement of the members, the quantum of
facilities available in the Club and other incidental factors effecting running and maintenance of
the Club, the Owner/s shall pay charges as prescribed from time to time by the
Club/DeveloperPromoter/Maintenance Agency and shall also abide by the rules & regulations
formulated by the Club/DeveloperPromoter/Maintenance Agency for proper & effective
management of the club. The club charges are separate and not to be clubbed with the
maintenance charges.

(17) That the Owner/s understand/s and agree/s that the Present Phase (________________ etc.)
is a part of the proposed ________ Project, thus maintenance of common areas/common
services/roads etc outside the Flat but within the ______________ Project would also need to be
maintained jointly by all Occupants/RWAs of various projects therein through the Maintenance
Agency and all the cost/expenses/charges thereof shall be borne by them proportionately and the
Second Party shall be obliged to pay his share thereof.

(18) OBLIGATIONS OF THE OWNER(S)/OCCUPANT(S) OF THE FLAT

a. The Owner(s)/Occupant(s) shall be bound by the guidelines issued by the Maintenance

Agency from time to time. In the event of non-observance of terms and conditions as mentioned
hereunder, the Maintenance Agency shall take such steps as it may deemed appropriate
including but not limited to discontinuance of maintenance services to be provided.

b. Additions/Alterations

No structural additions/alterations shall be made in the Flat. Further, no alterations are allowed
in the balconies, facade or external area and windows of the Flat.

c. Garbage disposal
No space/ open space of the Flat or the Project or the common areas thereof shall be used as
dumping ground for rubbish or for any type of waste. The Owner(s)/ Occupant shall, however,
use the composite Bins kept for the purpose inside the complex for further disposal by the local
authorities/maintenance agency, as the case may be. Proper disposal bags shall be used by the
occupants for garbage disposal.
d. Damage to common area & Utilities
 10

Owner(s) shall be responsible for repairing or replacing, under the supervision of the
Maintenance Agency, any damage to a building common element, which occurs during the
process of completing the contracted work. Owner is fully liable for any injuries to any third
party or their belongings, caused as a result of or in connection with the fit-out works carried out
by the Owner(s)/Occupant(s). This shall include fire, flooding, injury and all consequential
damages resulting therefrom.

e. Parking

i. For the general watch & ward of the Project and to prevent entry of outside vehicles,
Maintenance Agency will issue parking stickers to the Owner(s). No two wheeler/car
will be allowed entry into the said Complex unless the vehicle is bearing the parking
sticker, displayed prominently on the front windshield in case of car. The owner(s) will
only be allowed to park vehicles inside the premises equal to the number of car parks
allotted to him.

ii. Parking is permitted within the said Complex where the respective parking slot allotted
to the Flat is located.

iii. Parking inside the project shall be strictly at Owner’s risk.

iv. In order to curb unauthorized parking in the Project, the Maintenance Agency shall be
well within its rights to impose regulations including fines, towing of vehicle to outside
the Project area at the risk/cost of the car owner.

f. Signage

In order to maintain a high standard of appearance and design, all signage within the building
will be strictly controlled and regulated by the Maintenance Agency. No advertisement of any
kind shall be displayed, exhibited or erected on or upon any portion of the Flat/ Premises/
Project.

g. Damage to Common Areas or Property of Others

Any damage to any portion of a common area, property and/or equipment, or of the Flat/
property of another Resident, whether deliberate or accidental, shall be repaired at the expense
of the User/Unit Owner of the responsible Flat causing such damage.

h. Pets
No pets without prior and proper permission from the promoter are allowedleash shall be taken
out of the Flat. The Owners shall ensure that the pets are regularly vaccinated. Further, the
User/Owner shall ensure that the pets do not defecate in the common areas of the complex or
Project, or untidy the complex in any manner. The owners should ensure that their pets do not
enter into other flats in “Abhinandhan Apartments’ and do not harm other residents/owners in
any way living in “Abhinandhan apartment The maintenance agency will be within it’s rights to
take all necessary steps including raising fines, restricting, lodging complaints, as deemed
necessary.
 11

i. Traffic regulations
Traffic regulations within the said Project shall be strictly adhered to.

j. Watch & ward and Safety

The watch and ward of the said Project shall comprise of general supervision in the common
areas of the Project. For this purpose, the Maintenance Agency, through its agency will be free to
regulate entry of people into the Project. Watch & ward of the Project does not include the men,
material belongings, etc., within the respective Flat, which shall solely be the responsibility of
the concerned Residents/ Occupants.

Unclaimed items from the common area will be collected and kept at the gate on the risk and
cost of owner(s)/occupant(s). The owner(s)/Occupant(s) will claim the same after presenting
necessary details to the maintenance agency.
k. Guests
All guests of Owner(s)/Occupant(s) are required to identify themselves at the main entry of the
Project Gate. Guests will be allowed entry only on confirmation from the resident(s) over
intercom. Agency may also ask guests to register themselves in an entry/Visitors record book.

l. Photography & Video

No photography/videography shall be permitted in the said Project except as permitted by the
Maintenance Agency.

j. Value Added Services:

Services like DTH/landline and broadband line etc., are to be taken only from the designated
agency appointed by the developerPromoter/maintenance agency, to maintain the aesthetics of
building elevation. It is understood by the Owner(s)/ occupant (s) that the installation and usage
charges for availing these services will be paid directly by them to the respective service
provider(s)

(19) INDEMNITY
The Owner(s)/Occupant(s) are solely liable for the men & materials employed by them for any
kind of work in the premises. The Flat Owner(s) shall indemnify & keep indemnified the FIRST
PARTY and/or the Maintenance Agency from any claim, losses or liabilities arising out or any
occurrence of accident while such work is being undertaken/carried out irrespective of the cause
of accident.

The Maintenance Agency shall not be liable and/ or responsible for any harm, loss, damage or
physical injury of any nature, suffered by the Owner(s)/ Occupant(s) or any of their spouses,
children, dependents or agents, for use and enjoyment of services under this Agreement
attributable to breakdown of power, failure of machinery, fault of human error, theft, fire, act of
God, riot or civil commotion and the like. The Owner(s)/ Occupant(s) undertake that they shall
keep their Flat and the belongings therein, duly insured.

(20) USE OF APARTMENT

The said Flat shall be used for purposes of residence only. The apartment cannot be used for any
commercial activity. No obnoxious, unlawful or offensive activities shall be carried out in the
Flat , which may become a source of annoyance or nuisance to the neighborhood.

(21) COMMON AREA EQUIPMENTS

 12

The equipments installed in the common areas of the Project shall be handled only by the
Maintenance Agency or its authorized person(s).

(22) Right of Entry and Inspection:

The Allottee(s) hereby agrees that the Maintenance Agency and/or its representatives
shall be entitled to enter the Allottee(s) Apartment without prior notice in the
following events of without prior notice:
i) Any mishap, accident, theft, fire and such other distress or emergency
situations;
ii) Disruption in services or utilities in Common Areas.
iii) Detecting/ setting right any fault in the fittings and fixtures within the
control of the Allottee(s), which have a bearing on the Common area
Infrastructure/services and other flats.
iv) To serve the collective interest of all the Allottees/ occupants.
v) In case of any illegal/Criminal activity taking place

The Maintenance Agency shall not however be liable to pay any compensation and /or damage
purportedly arising as a result of any of the above-referred circumstances.
(23) LIMIT ON THE RESPONSIBILITY OF THE MAINTENANCE AGENCY

(i) The User understands that the Maintenance Agency may engage their
agencies/contractors to provide one/more/all Maintenance Services under separate agreements.
The Maintenance Agency's responsibility will be limited only to the extent of supervision of
these agencies' work and to ensure that their operation is in conformity with the agreement
executed by them and to replace an agency if its performance is not upto the desired standards.
The Maintenance Agency accepts no legal liability whatsoever arising from acts of omission,
commission, negligence, defaults of the aforesaid agencies in providing the Maintenance
Services. The Maintenance Agency shall .not be liable for any delay, loss or damage caused by
agencies' failure or refusal to provide timely services. But the Maintenance Agency undertakes
to take it up with the above mentioned agencies/contractors in case of any acts of omission,
commission, negligence, defaults if any in providing the Maintenance Services.

(ii) The Maintenance Agency shall in no way be responsible or liable for any fire, electrical,
pollution, structural or any kind of hazard originating from the Said Flat/Said Building/Said
Project including those due to electrical devices installed in the Said Flat/Villa and also any
damage due to act of God, Climatetempest, lightening, earthquake, flood, riots, civil commotion,
war, enemy action, inundation or any other similar circumstances beyond the reasonable control
of DeveloperPromoter / the maintenance agency. The· hazards aforesaid originating from the
Said Flat/Villa/Said Building/Said Project shall not impose any kind of legal or financial liability
on the Maintenance Agency and the User(s) agrees to keep the Maintenance Agency indemnified
and harmless against any loss or damage that may be caused to the Maintenance Agency in this
regard. The User shall ensure that the internal air-conditioning and electrical systems and any
other work or thing done internally within the Said Flat or externally, shall not pose any fire,
electrical, structural, pollution and health hazard, for which the User/Owner(s) shall solely be
responsible for all legal and financial consequences arising thereon.

(24) LOCAL LAWS AND COMPLIANCES

 13

i. It is agreed that in case any of the acts of omission or commission of the

Owner(s)/Occupant(s) or their agent or employee constitute any offence, the FIRST
PART/ Maintenance Agency shall report the matter to the concerned regulatory authority.

ii. The Parties hereto shall observe and comply with the provisions of Tamil Nadu
Apartment Ownership Act, 1994 as amended from time to time and the guidelines /rules
issued thereunder.

(25) DISPUTE RESOLUTION BY ARBITRATION:

The Owner(s) will be represented ONLY by the representative(s) of RWA for taking up
issues/concerns of common in nature with the developerPromoter/ maintenance agency.

In the event of any differences or disputes arising between the Maintenance Agency and the
User in connection with or arising out of this Agreement including matters connected with the
accuracy of bills, supply of Maintenance Services or interpretation of any of the terms and
conditions hereof, which cannot be determined amicably, or settled through an agreement
between the Maintenance Agency and the User, the matter shall be referred to an arbitrator each
to be appointed by the Director(s) of the DeveloperPromoter or Head of Maintenance Agency
and the User whose decision shall be final and binding upon the parties. The Reference to
arbitration shall be without prejudice to the right of the Maintenance Agency to effect recovery
of arrears of dues (through disconnection of supply or otherwise). The arbitration proceedings
shall be held at an appropriate location in Chennai alone and shall be in accordance with the
Arbitration and Conciliation Act, 1996 or as per anyor statutory modifications thereto. The
Courts at Chennai alone and/or High Court at Chennai alone shall have the jurisdiction.

(26) GENERAL

1). The MAINTENANCE AGENCY shall have the right to assign this Agreement or any
part thereof to any other person / entity as it may deem fit to ensure continuity of Service.

2). All costs, charges and expenses payable on or in respect of this Agreement and on all
other instruments and deeds to be executed, if any, pursuant to this Agreement, including
stamp duty on this Agreement, legal fees, if any, shall be borne and paid solely by the
Unit/ Flat Owner(s)

3). Both the MAINTENANCE AGENCY and the Unit/ Flat Owner(s) shall be provided with
and retain an original of this Agreement which shall be prepared in two original.
4). The failure of the MAINTENANCE AGENCY to enforce at any time or for any period
of time any provision(s) hereof shall not be construed to be waiver of any provision(s) or
of the right thereafter to enforce any or each and every provision(s) of this Agreement.

5). If any provision of this Agreement shall be determined to be void or unenforceable under
any law such provision shall be deemed amended or deleted to the extent necessary to
conform to applicable laws and the remaining provisions of this Agreement shall remain
valid and enforceable.
 14

6). This Agreement is in consonance and not in derogation to the statutory approvals/
Buyer’s Agreement / Development Agreement and the conveyance deed.

7). Any notice, letter or communication to be made, served or communicated under these
shall be in writing and shall be deemed to be duly made, served or communicated only if
the notice or letter or communication is addressed at the aforesaid Chennai address and
sent by registered post.

8). It is clearly understood and agreed between the parties that all the provisions contained
herein and the obligation arising there under shall equally be applicable to and
enforceable against any and all occupiers, tenants/employees of the Unit/ Flat Owner(s)
and / or subsequent PURCHASER/S of the said Residential Flat, as the said obligations
go along with the said Residential Flat for all intents and purposes.

IN WITNESS WHEREOF the Parties hereto have signed, sealed and delivered this Agreement
on the place, day, month and the year first hereinabove written.

For and on behalf of

(AUTHORISED SIGNATORY) PARTY OF THE FIRST PART/PROMOTER(s)

PARTY OF THE SECOND PART/OWNER(s) OF FLAT

WITNESSESS:
1. ` DRAFTED BY :

2.
 15

SCHEDULE A

DESCRIPTION OF ENTIRESCHEDULE OF “PROJECT LAND”

All that piece and parcel of land being _____ Acres as per CMDA Approved Plan.

Item No.1

Item No.2

SCHEDULE B
(Description of Apartment of the owner)

A ________ bedroom apartment bearing Tower No _____ Flat No. ______ on the ____ Floor of
the residential complex known as “_____________________” constructed in Schedule A
property, having a super built-up area of ______ Sq.ft. (which is inclusive of the floors, ceiling
and walls between the apartments and proportionate share in all common areas) together with
Limited right to use ________________________________.

SCHEDULE C
Description of the Entire Apartment) – PHASE - ANANDA
This Apartment named “______________” phase of _________ is consisting of _____ numbers
of blockstowers out of which, ____ Nos of towers are vegetarian towers ______ and ___ Nos of
towers are Cosmo (Non Vegetarian) towers ________, totally having ______ numbers of Units/
flat(s) therein, with common amenities and facilities which are provided for common usage of
Unit/ Flat Owner(s).
 16

ANNEXURE A

The Owner(s)/Occupant(s) who desire to carry out the interiors in their Flat shall adhere to the
following guidelines:

i Owner(s) shall notify the Maintenance Agency in writing at least __ hours prior to start
of interior work in the Flat and shall give details of contractors and labour/ work force employed
for carrying out such work. For this purpose Owners shall submit a Contractor(s) Registration
Form along with police verification of all workers, proof of insurance prior to scheduling work.
Owner(s) shall also sign a Hold-Harmless Clause, and abide by the building regulations from
time to time.

ii Owner(s) will pay fixed charges towards electricity consumption during the construction
process and water will be provided free of cost.

iii Owner(s) shall contact the Maintenance Agency and seek permission before
commencing the following items of work:

(a) Installation, removal, and reconstruction of:

 Electric circuit or terminal device beyond his/her meter and connected to the feeder
pillar,
 Plumbing connected to common services outside their respective premises,
 Cable TV Network/FTTH.

(b) Any alteration to walls

(c) All the lights/ power points shall conform to the permitted/ sanctioned electric load.
Water pipe lines/ drains provided originally for the specific purpose shall not be
tampered/ distributed in order to prevent occurrence of seepage etc.

iv Permitted Timings of work

Construction work is permitted only between the hours of 9:00 a.m. and 8.00 p.m. Monday to
Saturday. No work shall be permitted on Sundays, holidays, or evenings.
Labour will not be allowed to stay in the apartment after the working hours. Night stay of labour
in the apartment is strictly prohibited.
v Construction Debris

The Owner(s) shall pay Rs. __________20000/- towards cost for removing construction debris
and trash from the buildings by the developerPromoter / maintenance agency. No trash may be
deposited in the Garbage bins, nor left in the hallway. Owner(s) will be charged for removal of
any debris left by the contractor in violation of this regulation. Owner(s) is responsible for daily
cleaning of the corridors and common pathways if soiled during the movement of materials or
trash. At the end of each day, the corridors and common pathways where contractor was working
 17

will be inspected by the Maintenance staff. If work areas are not left in a satisfactory condition,
the contractor/owner will be charged for the time and labor necessary to restore the areas to their
original condition. Proper care must be taken that the common area drainages are not blocked
due to any interior work. Dumping the material in drains is strictly prohibited.
vi Workmen Conduct
The Owner(s) shall ensure an orderly behavioral conduct of their workmen. Littering, defacing,
language, nuisance, use of radios & the other audio equipments shall be strictly monitored &
rebutted.
vii Fire Safety

Following fire precautions shall be taken while carrying out any interior work in the premises.
These demand a strict level of adherence & the Maintenance Agency shall on regular basis
monitor the implementation & any violation shall result in immediate suspension of work.
i. No inflammable material including highly inflammable materials such as diesel,
petrol
etc. shall be stored in the premises.
ii. Use of open flame, cooking etc. is not permitted.
iii. No smoking
iv. Fire safety systems must not be interfered or covered up.
v. Construction work, which produces dust, must be sealed off from the common
area
hallways. Fire alarms can be activated by construction dust.
vi. Refuse & debris must be removed on regular basis.
vii. Owner(s) shall ensure that their stock, goods etc. do not cause any obstruction
to the
common corridors & fire escape routes etc.
viii. No work involving use of any welding equipments shall be permitted without
HOT
PERMIT issued by the maintenance agency.
ix. All electrical works must be carried with utmost care & adherence to basic rules
of fire &
life protection. Use of sub standard wiring, naked wires etc. shall not be permitted.

viii Emergency Repairs

Owner(s)/Occupant(s) should report as emergencies the water leaks from any source, which can
damage their Unit or a neighboring Unit. The Maintenance Agency will take the initial
corrective action necessary to stop the emergency, however since this function is not covered in
the estate managers’ duties, the Owner(s) may require to call for licensed plumbers.
Maintenance staff will respond to calls about electrical problems and will assist Owner(s) in
determining the cause of the problem. However, since the role of the maintenance staff is limited
to the common area only, Residents may be instructed to call a licensed electrician.
 18

ix Repair of Damage Caused by Malfunction of Common Element Systems

The Maintenance Agency’s responsibility for repairs resulting from such damage is limited to
restoring the original standard Unit elements, and repair of damages relating to gaining access to
the malfunctioning common elements. Since the Maintenance Agency does not repair or restore
any improvements or upgrades therefore, the Owner(s) and Tenants shall INSURE personal
property within their Units, as well as all betterments and improvements.

x Repair of Damage Caused by Malfunction of Unit Owner's Property

The Owner(s) whose Unit is a source of damage to another Unit is liable for those damages. This
includes but is not limited to damage caused by water flowing between units resulting from
clogged drains, broken fixtures, and from bathroom tiles, which are not watertight. It is
recommended that residents insure against liability for such occurrences.

xi Hallway Obstacles

Hallways shall be kept free of obstacles, including bicycles, tricycles, carriages, strollers,
packages, door mats, overshoes, and umbrellas. In compliance with the fire code children’s toys,
bicycles, furniture, wall paintings etc., shall not be left at the entrances to the building or in the
hallways.

xii Access in the Project

All Flat/Villa Owners' contractors and their employees must register the entry in the
maintenance office in order to obtain visitors' badges, which must be worn in plain view at all
times while on the complex. Identification badges will be issued daily and must be returned at
the end of each working day. Workmen/Contractors not wearing an identification badge will not
be permitted entry into the buildings.

xiii Drivers & domestic servants

Drivers & domestic servants are required to register themselves with Maintenance Agency who
shall on receipt of the requisition and the police verification, (which shall be the duty of the
Owner(s)/Resident to submit) issue gate passes to them, which will be duly signed by the owner
also along with maintenance agency. Every resident shall be responsible for the behavior and
conduct of their employees/ domestic help inside the property. No drivers/domestic servant shall
be allowed entry to the said Project without the security pass. The Owner(s) shall on termination
of service of any of the above employees shall collect back the passes & inform and return back
the passes to the property management office.

xiv That it is further agreed that the responsibility for maintaining and repairing the
following items (not forming part of common area services & but located inside the Flat)
shall solely vest in the Owner(s)/Occupant(s):
(a) Floors, walls, and ceilings, including settlement cracks.
(b) Electrical appliances.
(c) Plumbing fixtures and water & drain connections to the floor or wall.
(d) Electrical fixtures and circuit breakers.
(e) All electrical services located within the interior partitions.
(f) All telephone and television cables within the units.
(g) Bathroom and kitchen exhaust grills.
 19

(h) All hardware, including entrance door hardware.

(i) Wooden floors & carpeting

ANNEXURE - B

COMMON AREAS & COMMON FACILITIES

List of Common Areas and Facilities as may be applicable for use of the Owner(s) within the
Said Project.
1. Common passage / corridor including lighting and fire fighting equipments thereof.
2. Lift machine rooms.
 20

3. Overhead water tanks.

4. Electrical / plumbing / fire shafts and service ledges.
5. Mail room / security room.
6. Security / fire control room.
7. Maintenance office / services areas.

List of general common areas and facilities proposed to be located on ground for all Owner(s) in
the said Project.
1. Underground domestic & fire water
tanks and pump room & pumps with accessories
2. Electric sub-station / transformers
3. Electrical panels.
4. Fan rooms and equipments.
5. Maintenance stores and circulation areas.
6. Sewage treatment plant.
7. Lawns & play areas, including lighting & services etc.
8. Road & driveways, including lighting & services etc.
9. Fire hydrants & fire brigade inlet etc.

Save and except use of the Common Areas and Facilities as above, and the Undivided Share of
the Land, it is specifically made clear by the DeveloperPromoter and agreed by the Owner(s)
that he/she shall not have it any right, title, or interest in any other lands), areas, facilities and
amenities within the said Project, as these are specifically excluded from the scope of this
Agreement and the Owner(s) agrees and confirms that the ownership of such lands, areas,
facilities and amenities shall vest solely with the DeveloperPromoter, its associates and the
DeveloperPromoter shall have the absolute discretion and the right to decide their usage, manner
and method of disposal etc.

It is specifically made clear by the DeveloperPromoter and agreed by the Owner(s) that this
Agreement is limited and confined in its scope only to the Said Flat/Villa, areas, amenities and
facilities as described in this annexure and the Undivided Share of Land. It is understood and
confirmed by the Owner(s) that all other land(s), areas, facilities and amenities in the said
Project, and outside the periphery/boundary of said Project, in and anywhere else are specifically
excluded from the scope of this Agreement and the Owner(s) agrees that he / she shall not have
any ownership rights, rights of usage, title, or interest in any form or manner whatsoever in such
other lands, areas, facilities and amenities as these have been excluded from the scope of this
Agreement.

The Owner(s) agrees and confirms that the ownership of such other lands, areas, facilities and
amenities, shall vest solely with the DeveloperPromoter, its associates, its subsidiaries and the
DeveloperPromoter shall have the absolute discretion and the right to decide on their usage,
manner and method of disposal etc. A tentative list of such other lands, areas, facilities and
amenities is given below which is merely illustrative (as Applicable) and is not exhaustive in any
manner.

1. The Shops within the Said Project, including but not limited to convenient shopping
Project, health centre and car parking allotted for inter alia the convenient shopping
Project and health centre.
2. The Dwelling units for economically weaker section and dwelling units for service
personnel.
 21

3. The Areas for club / community centre and club / community building(s) and inter alia its
related amenities and facilities and allotted car parking.
4. Areas reserved for dispensary and dispensary building(s).
5. Areas reserved for creche and creche building(s)
6. Areas reserved for religious building and religious building(s)
7. Areas reserved for health centres and health centre building(s).
8. Areas reserved for police posts and police post building(s)
9. Areas reserved for electric sub-stations (ESS) & ESS building(s).
10. Areas for telephone exchange, telecommunication facilities, post-office etc. and building
constructions thereof.
11. Areas for all commercial buildings / premises.
12. Area for sports, recreational facilities etc. including inter alia, tennis courts, squash
(badminton courts etc.)
13. Roads, parks area reserved for Open Space Reservations (OSR) & Roads.
14. All Areas, building, premises, structures falling outside the periphery / boundary of the
Said Project.

ANNEXURE C
(To be executed by First Owner only)

AFFIDAVIT CUM UNDERTAKING

I, __________________, S/o ________________, aged about _____ years residing at

 22

____________________________________ do hereby affirm and declare as under:

1. That I have purchased an Apartment No ______ Floor No: ____ having a super area of
_____ sq.ft. and the Terrace Area of ……NIL….. sq. ft. (hereinafter referred to as the
‘SAID APARTMENT’), in “___________”, a Group Housing Complex developed by
________________________., in a land admeasuring approximately _____ acres, which is
part of the 70 acres situated at Perambur Village, Chennai, Tamil Nadu, more specifically
described in the Schedule-A (hereinafter referred to as the ‘SAID COMPLEX) from M/s
________________.

2. That the DeveloperPromoter in the interest of Owners & Residents of the Complex has
offered to install requisite equipments in order to make available power backup to the
common areas/ services in the said Block/Colony.

3. That without any precondition and reservation I accept the above offer on the broad terms
as envisaged herein below.

4. That I hereby agree to avail the common areas/ common facilities Power Backup services
when I shall be offered possession of the Apartment by the DeveloperPromoter.

5. That I do hereby affirm and declare that I shall use the Power Backup services in
conformity with the conditions, rules, regulations, circulars, instructions, notices and
information as may be provided by the DeveloperPromoter or any statutory authority from
time to time.

6. That I do hereby agree, affirm and declare that I shall regularly pay the proportionate
consumption charges calculated on per unit meter reading basis, that may be installed by
the DeveloperPromoters/Company.

7. That I do hereby agree and affirm that I shall accept the bill by the
DeveloperPromoter/nominated Maintenance Agency based on meter reading and that I
undertake to pay the same by the date stipulated by the DeveloperPromoter/Company in
each bill sent to me.

8. That I agree that in the event the DeveloperPromoter installs a separate electric meter for
such purpose, I shall have no objection to the same and that the cost of such
installation/repairs/replacement of the meter shall be borne by me.
9. That I hereby agree and affirm that in the event of non-payment of the aforesaid bills by
the due date, the DeveloperPromoter/Maintenance Agency shall be at liberty to disconnect
the said Power Backup services and demand interest on the delayed payment @18% per
annum along with other surcharge at applicable rates which I 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 agree that the cost of reconnection shall be borne
by me.

10. That I shall pay all the aforesaid charges billed to me and I shall not hold or delay the
payment of a bill or amount of any difference/dispute as to its accuracy or otherwise. I
further agree and undertake that in the event of any difference/dispute, I shall first pay the
requisite bill in full and thereafter seek to resolve the dispute within seven days of the due
 23

date as stated in the bill.

11. That I do hereby agree and affirm that all installations including but not limited to
electrical wiring inside the Premises shall be done in conformity with the standards
provided by the DeveloperPromoter/Maintenance Agency/Company. I/We shall be solely
responsible for any accident, injury, damage to the building, mishap etc. and shall not hold
the DeveloperPromoter/Maintenance Agency/Company responsible for any default or non-
compliance of any nature in this regard.

12. That in the event the said Apartment is Leased/Licensed to any other person or entity, I
undertake to indemnify and continue to keep indemnified and harmless the
DeveloperPromoter /Maintenance Agency/Company for timely and adequate payment of
bills and/or the interest thereon towards the aforesaid Power Backup services and also for
the safety of the Abhinandhan Premises.

13. That in the event the Premises are Leased/Licensed to any other person or agency, I shall
indemnify the DeveloperPromoter / Maintenance Agency/Company against any theft,
misuse, nuisance, delay or default in payment of consumption and/or other charges due and
payable by such person or agency.

14. I/We agree that I shall pay the Common Area Electricity and other charges as per the
Circular/Guidelines issued by the DeveloperPromoter/Maintenance Agency/Company
from time to time.

15. That I agree and affirm that I shall always comply with the applicable laws for the time
being in force including but not limited to electricity laws and shall throughout keep the
DeveloperPromoter/Maintenance Agency/Company indemnified against any action or
consequence for non-compliance of the same on my part.

DEPONENT
(Flat Owner)
VERIFICATION

Verified this on ___ day of _______, 201_6 that the contents of Paras 1 to 16 of the
accompanying Affidavit are true and correct to my own knowledge and that nothing material has
been concealed there from.