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Form CAO
(Rule 29)
COMPLAINT BEFORE ADJUDICATTNG OFFICER AT HARYANA
REAL ESTATE REGULATORY AUTHORITY GURUGRAM
Complaint no: GRG/161 4/2021

Mr. Ajay Pal Singh

--------Com plainant(s)

VERSUS

M/s Blackberry Realcon Pvt. Ltd.

Respondent(s)

INDEX
SR. PARTICULAR DATED PAGE STATUTORY
NO. f{o. FEES

1. Complaint
Registration E- Form
I List of dates and
Events

3. Complaint in CAO rNR 1000/-

Form

4 Issues to be Decided

5 Relief Sought

6 Affidavit

7. Annexure C-1 r0.09.2020

(Copy of Order
passed by Hon'ble
Appellate Tribunal)

8. Annexure C-2 20t3

(Copy of Receipts)

9. Annexure C-3 30.08.2013

(Copy of Allotment
Letter)
10. Annexure C-4 3r.r2.2013
(Copy of Builder
Buyer Agreement)

11. Annexure C- 5 2013-2017

(Copy of Receipts)

12. Annexure C-6

(Copy of
construction Linked
Payment Plan)

13. Annexure C-7 07.02.2017

(Copy of Legal &.

Notice and receipt of 13.02.2017

the registered post)

13. Power of Attorney

THROUGH

Kamal Dahiya & Mukul Sanwariya

Counsel for Complainant
For & On Behalf of:-
Juris Axis Legal Consultants, PKL
# 5302,GH 4A, Jalvayu Vihar,
Sector-2O, Panchkula (Hry.)

E-mail - j urisaxi
: sr era@gmail. com

M:- 9l-9729902009
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3t2512021 https://haryanarera. gov.in/assista nceconirol/payment

REAL E STATE RE GUX-,ATORY AUTH ORITY, G{JRUGRAM

GURUGRAM, HAR}'ANA
PHONE | 0124-2583132

OI{LNE PAYMEI{T RECEIPT

DESCR.{PT{ON DETAIL

REFE,RENCE NUMBER RERA-GRGCI6T66'7ZO5I

TOTAL AMOUNT(RS ) 1000 00

TRANSACTION DATE 25-03-2021 17:10:5¿'

TRANSACTION {Ð 2r032s92809099

TRANSACTION STATUS SUCCESS

,MENT h\IET BANKING

MOÐE

PAYMENT FOR COMPLAINT

PAYMENT PURPÛSE FRESH COMPLAINT FEES (MIN RS.1000)

COMPLAINT NUMBER RERA-GRG-T6T4-2021

NAME AJAY PAL SINGH

BAI'{K NAME ICICI BANIK

THIS RECEIPT IS GENER.ATED ON 2021-03-25 17:10:55

 List of Dates &Events
Sr. Date Event
No.

1. 20r3 The "PARAS SQUARE" is a Commercial complex

(the "Project") being developed by Respondent,
situated in Sector 63 A, Gurugram, Haryana
(hereinafter referred to as the "Land") wherein the
complainant had booked a unit of 1225 Sq. ft
(herein after referred as "unit") in the said project.
The Director, Town and Country Planning (DTCP),
Haryana has granted licence No.23 of 2013 dated
|7'hMay, 2013 to develop and construct said

commercial complex in favour of the Complainant.

2. 30.08.2013 The respondent issued a confirmation letter and

allotment letter dated 30'h August 2013 through

which the respondent allotted a commercial unit
No.ST/0301 sq. ft. (approx.) in the said project.
a
J. 31.t2.2013 The Respondent also executed a Builder Buyer
Agreement ("BBA") with instant complainant vide
agreement dated 31't Dec. 2013, wherein, Unit
No.ST/0301, admeasuring 1225 sq. ft. has been
allotted.
4.', 3\.t2.2016 As per the clause 7(a) of the Builder Buyer
agreement the assured time period of possession
was 36 months from the date of execution of the
said agreement, therefore the due date was

December 2016. However, the Respondent has not

constructed the said Project as per the time assured
to the complainant thus failed to discharge his
obligations deliberately or for reasons known best
to them.

5 20r7 The Complainant had paid of INR 69,50,4441-

(approx.) i.e. nearly 62% of payment out of total
consideration agreed at the time of execution of
BBA till Feb 2017.

r -- /^- ì
 That the Respondent had taken the consideration
amount from the complainant on the basis of their
impressive pictures and false promises due to which
complainant have drained out from his hard earned
savings and by this way the Respondent have
cheated the complainant and there was no sign of
significant development in the project, thus the
complainant had issued a legal notice date
07.02.2017, wherein refund along with interest had
been demanded by the complainant. However, no
reply had been given by the respondent of such
legal notice.
6. 2017 to till The Complainant is aggrieved due to unreasonable
date delay to get possession, therefore, the Complainant
had filed a complaint no. 262 of 2018 titled as Ajay

Pal Singh Versus I\4/s Blackberry Realcon Pvt. Ltd.

before Haryana Real Estate Regulatory Authority
at Gurugaon, hereinafter referred as "Authority or
FIARERA" for seeking refund along with
compensation/interest against the paid amount.
The complainant had contested the case before Ld.
Authority, filed against the respondent, being an

allottee in one of their Project "Paras Square"

(hereinafter referred to as the "Project") situated in

Sector 634, Gurugram, Haryana, whichis

registered under RE(R&D) Act. The final
judgement had been passed by the Hon'ble
Authority vide order dated 30.10.2018, wherein
refund had been denied and possession had been
offered. Thus, the complainant had filed an appeal
against the order of Authority. However, it is

humbly submitted that the Hon'ble Haryana Real

Estate Appellate Tribunal had decided in Appeal
No. 237 of 2019 titled as "Ajay Pal Singh V Àzl/s

Blackberry Realcon Pvt Ltd." that since the

 (_
_)
--

appellant-complainant seeks refund along with

compensation, thus, complainant may file fresh

complaint before Adjudication Officer, in terms of

Sameer Mahawr Judgement passed by the Hon'ble

Appellate Tribunal. Thus, the new complaint

before td. Adjudication Officer is being present for
proper adjudication thereof.

THROUGH

Karnal Dahiya & Mukul Sanwariya

Counsel for Complainant
For & On Behalf of,-
Juris Axis Legal Consultantso PKL
' # 53O2,GH 44, Jalvayu Vihar,
Sector-20, Panchkula (Fltry.)

E-mail : -j urisaxi sr era@gmai l. com

M:- 9l-9729902009

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 Form CAO
(Rule 29)
Complaint to the Adjudicating Officer, Haryana Real Estate Regulatory
Authority, Gurugram

Date of Filing

Date of freceipt at the filing counter of the Registry/receipt by post/online

Filingl:-
Complaint No.:- PKL|l6t4 of 2021
Signature:-

Regi strar/Authorized Offi cer : -

BEFORE THE ADJUDICATTNG OFFICER, HARYANA REAL

ESTATE REGULATORY AUTHORITY, GURUGRAM

Ajuy Pal Singh

Complainant
VERSUS

Mis Blackberry Realcon Pvt. Ltd.

Respondent

COMPLAII\T UNDER SECTION 31 OF THF REAL

ESTATE (REGULATTO|{ AND DEVELOPMEI\T)
ACT, 2016 READ \ryITH RULE 29(l) OF HARYANA
REAL ESTATE (REGULATION AND
DEVELOPMENT) RULES, 2017 .

I, Ajay Pal Singh of the complainant submits following information:

Details of Claim
1. Particulars of the complainant(s):-
(i) Name(s) of the complainant: Ajay Pal Singh
 ''l---
(ii) Address of the resident of the Complainant: H. No. 837,
Block-B, Ansal Sushant City, Sector-l9, Panipat, Haryana
(iiÐ Address for service of all notices: H. No. 837, Block-B,
Ansal Sushant City, Sector- I 9, P aripat, Hary ana
(io) Contact details (phone number, e-mail, Fax number
etc.):- Mobile No:- 9729902009
E-mail :- j urisaxisrera@ gmail.com
(v) Particulars of the authorized representative, if any
(a) Name and Profession : Kamal Dahiya and Mukul
Sanwariya, Advocates
(b) Address of the existing office : 5302, GH-44, Jal Vayu
Vihar, Sector 20, Panchkula
(c) Address for service of all notices: 5302, GH-44, Jal Vayu

, Vihar, Sector 20, Panchkula

(d) Contact Details:
(e) Phone No.: 01724188770
Mobile No.: 9729902009
E-mail : juri saxisrera@gmail.com

2. Particulars of the respondent(s):-

(i) Name(s) of respondent: I\4/s Blackberry Realcon Privatè
Limited through its Managing Director/Chairman/Director.
(ii) Office address of the respondent:lWs Blackberry Realcon

Private Limited having its llth Floor, Paras Twins Towers

(Tower B), Sector-53, Golf Course Road, Gurugram-I2z}}I
. Corporate office address:- llth Floor, Paras Twins Towers
(Tower B), Sector-53, Golf Course Road, Gurugram-t2200I
(iii) Address for service of all notices: llth Floor, Paras Twins
Towers (Tower B), Sector-53, Golf Course Road, Gurugram-
122001

(iv) Contact details (phone number, e-mail, Fax number etc.):-

Telephone - 0124456 1 500
E-mai I :- in fo @p n asbuil dtech. com

(v) Particulars of the authorized representative, if any

(a)Name and Profession :

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 (

(b)Address of the existing office :

(c) Address for service of all notices:

(d)Contact Details:
(e) Phone No.:

Mobile No.:
E-mail:

3. Jurisdiction of the Adjudicating Officer:

"Paras Square" is a Commercial Complex (the "Project") being

developed by the Respondent(s), situated in Sector 63 A, Gurugram,

District Gurugram, Haryana. Thus, the complainant declares that the
subject matter of the claim falls within the jurisdiction of the

Adjudicating Officer. Moreover, the Complainant is aggrieved due to

uffeasonable delay to get possession, therefore, the Complainant had
filed a complaint no. 262 of 201,8 titled as Ajay Pal Singh Versus I\4/s
Blackberry Realcon Pvt. Ltd. before Haryana Real Estate Regulatory
Authority at Gurugram, hereinafter referred as "Authority or
FIARERA" for seeking refund along with interest against the paid
amount. The complainant had contested the case before Ld.
Authority, filed against the respondent, being an allottee in one of
their Project "Paras Square" (hereinafter referred to as the "Project")
situated in Sector 63A, Gurugram, Haryana, which is registered
under RE(R&D) Act. The final judgement had been passed by the
Hon'ble Authority vide order dated 30.10.2019, wherein issue of
subject matter jurisdiction has been dealt by the Authority by citing
judgement of Simmi Sikka verus Emaar MGF Land Ltd. However, it
is humbly submitted that the Hon'ble Haryana Real Estate Appellate
Tribunal had decided in Appeal No. 06 of 2019 titled as Sameer
Mahawar vs. MG Housing Pvt. Ltd.that the Hon'ble Adjudicating
Officer has jurisdiction to entertain the refund matters and Ld.
Authority has no power or jurisdiction to deal with issues of refund.
So, in view of settled 1¿ry, th€ order dated 30.10.2019, passed in
Complaint case no.262 of 2018 has become bad in law, being non-
est, due to lack of subject matferjurisdiction by Ld. Authority. Thus,

the appellant/complainant had rvithdrew his appeal no. 23712019

titled as "Ajay Pal singh V I\4/s Blackbery Realcon Pvt. Ltd." and
 sought liberty to file fresh complaint before Ld. Adjudication Officer,

in accordance with law. The Hon'ble Appellate Tribunal was pleased

to grant the liberty to file fresh complaint before Ld. A.O vide order
dated 10.09.2019. Thus, the new complaint before Ld. Adjudication
Officer is being present for proper adjudication thereof. The copy of
order dated 10.09.2020 passed by the Hon'ble Appellate Tribunal is
annexed herewith as Annexure C-1.

4. Facts of the case:-

That the Complainant is aggrieved due to unreasonable delay to
get possession, therefore, the Complainant had filed a complaint
no. 262 of 2018 titled as day Pal Singh Versus l\4/s Blackberry
Realcon Pvt. Ltd. before Haryana Real Estate Regulatory

Authority at Gurugram, hereinafter referred as "Authority or

HARERA" for seeking refund along with interest against the paid
amount. The complainant had contested the case before Ld.
Authority, filed against the respondent, being an allottee in one of
their Project "Paras Square" (hereinafter referred to as the

"Project") situated in Sector 63A, Gurugram, Haryana, which is

registered under RE(R&D) Act. The final judgement had been

passed by the Hon'ble Authority vide order dated 30.10.2019,
wherein issue of subject matter jurisdiction has been dealt by the
Authority by citing judgement of Simmi Sikka verus Emaar MGF
Land Ltd. However, it is humbly submitted that the Hon'ble
Haryana Real Estate Appellate Tribunal had decided in Appeal
No. 06 of 2019 titled as Sameer Mahawar vs. MG Housing Pvt.
Ltd.that the Hon'ble Adjudicating Officer has jurisdiction to
entertain the refund matters and Ld. Authority has no power or
jurisdiction to deal with issues of refund. So, in view of settled
law, the order dated 30.10.2019, passed in Complaint case no.262
of 2018 has become bad in law, being non-est, due to laek of
subject matter jurisdiction by Ld. Authority. Thus, the
appellantlcomplainant had withdrew his appeal no. 23712019
titled as "Ajay Pal Singh V l\4/s Blackberry Realcon Pr,t. Ltd."
and sought liberty to file fresh complaint before Ld. Adjudication
 Officer, in accordance with law. The Hon'ble Appellate Tribunal
was pleased to grant the liberty to file fresh complaint before Ld.
A.O vide order dated 10.09.2A19. Thus, the new complaint before
Ld. Adjudication Officer is being present for proper adjudication
thereof. The copy of order dated 10.09.2020 passed by the
Hon'ble Appellate Tribunal is annexed herewith as Annexure C-
1.

II. That the Respondent is a Private Limited Company which is duly

incorporated under the provisions of the Companies Act, 1956,
and is fully responsible for the acts, conduct business and carry on

day to day affairs through its Managing Director or Chairman or

Directors.

m. That the Respondent is in the business of Real Estate

Development business, thus the Company, in their usual course of

business, purchase the land, enter into joint ventures, enter in
collaboration agreement, enters into marketing and development
agreements etc. with various stakeholders including but not
limited to land owners. Both the respondent is in the business of
development, marketing and sale of the residential and

commercial projects.

IV. The "PARAS SQUARE" is a complex (th.

Commercial
"Project") being developed by Respondent, situated in Sector-
63A, Village Behrampur, Tehsil Sohna & District Gurugrama,
Haryana (hereinafter referred to as the "Land") wherein the
complainant had booked a unit of 1225 Sq. ft. (herein after
referred as "unit") in the said project. The Director, Town and
Country Planning (DTCP), Haryana has granted licence No.23 of
2013 dated ITthMay, 2013 to develop and construct said

Commercial complex in favour of the Owners.

V. The Respondent gave advertisement in newspapers as well as

through their channel partners and showed a rosy picture about the
project. The complainant relied upon the advertisements and
 visited the project site. The respondent representative's made
promise and commitments at the time of site visit and solicit the
complainant to invest their hard earned in Respondent's project.

u. That the Complainant relied heavily on the representations,

affirmations and commitments made by the Respondent's staff

and representatives and only on their asking has approached the
Respondent for purchase of unit in the said Project having an

approximate 1225 sq. ft. The complainant had made payment to

the tune of INR 2I,08,943l- through cheques as per the demand
raised by the Respondent before executing any agreement. The
receipt of such payment made is annexed herewith as Annexure
c-2.

VII. The respondent issued a welcome letter and allotment letter dated
30th August, 2013 through which the respondent allotted service

apartment i.e. residential unit No. ST0301 of 1225 sq. ft.(approx.)

in the said project. The copy of allotment letter is annexed
herewith as Annexure C-3.

VIII. The Respondent also executed a Builder Buyer Agreement

("BBA") with instant complainant vide agr-eement dated
31.I2.20I3, wherein, unit No. ST0301, Service Apartment
consisting of super area admeasuring 1225 sq. ft. has been
allotted. Moreover, such BBA consist of general terms and
conditions of allotment were prescribed. The copy of such BBA is
annexed herewith as Annexure C-4.

[X. The total consideration of the said unit was Rs. 1,12,35,5751-
towards the sale price for purchase of the said unit including
EDC, IDC, IFMS, Car Parking, Maintenance Charges etc. The
Complainant has paid INR 69,50,444l- (Sixty Nine Lakh Fifty
Thousand Four Hundred Forty Four only i.e. nearly 62 o/o of
payment out of total consideration agreed at the time of execution
of Builder Buyers Agreement. The copy of receipts has been
attached herewith as Annexure- C-5.
 X. It is relevant to mention here that the Respondent had provided
the complainant with a payment plan but demands were not made
by the respondent as per the payment plan as well as not as per the
construction work carried out by the respondent. The
Complainants kept paying such amount on each and every
demand of the Respondent meaning thereby such demanded
amount was not as per the payment plan because construction
work was not completed till the assured date as per the said
agreement. Therefore, the respondent has deliberately misled the
complainants to extort money on false and wrong grounds. The
Complainants had always fulfilled his liability in respect of the
payment of amount for the said allotted flat. However, the
Respondent failed to complete and develop the said Project as per

the timelines committed. The copy of construction linked payment

plan is annexed herewith as Annexure C-6.

XI. As per the timelines given in Clause 7(a)(i) of the Builder Buyer's
Agreement, the possession of the unit was committed to be
delivered within 36 months from the date of start of construction.
It is pertinent to mention that respondent has obtained the
approval of building plans vide Memo no. ZP-
892IAD(RA)12013147504 dated 30.07.2013, as mentioned in
clause B under Para of Land Details of the Agreement. So, as per

the terms of agreement and assurances given by the respondent,

the respondents were supposed to start the construction from
01.08.2013, i.e. next date after getting approval of building plans.
That, if the respondents had not started the construction by
01.08.2013 and started the construction at some later date then, it
was an intentional default on the part of respondent. So, the
committed date of delivery expired on 01.08.2016(without grace
period) and with a grace period of 180 days the due date of
delivery of possession was 01.02.20i7 but now in month of
March, 202I i.e. delay of more than 3 years and 11 months from
date of commitment, the respondent is using the money paid by
the complainant wrongfully, unauthorized and illegally for
 reasons known best to them. Such uncalled acl is leaving

complainant in a lurch where he has left with no option but to be

an aggrieved person/victim in the hands of the respondent.

XII. That it is pertinent to mention that the Complainant had booked

the said unit in 2013 and the project was not progressing as per
the assurances and representations made by the respondent at the
time of the booking. The Complainant had requested various
times to the Respondent, to provide update, regarding the status of
construction as well as handing over the possession of the said
Project within assured time period but all in vain. Further, in year
2016, complainant visited at the site of the project and found that
project could not be completed by any means within assured time
lines, as there was no construction going on at the project site.
Thus, the complainant was left with no option except to take a call
for cancellation of allotment of the said unit, which the
complainant did by sending the legal notice date 07.02.2017
through registered post, wherein due to various reasons mentioned
in the legal notice, the complainant requested for cancellation of
the allotment of unit and further requested for refund along with
interest. The copy of legal notice and the copy of registered post
receipt are annexed herewith as Annexure C-7.

XIII. That the respondent has neither sent any response to such legal
notice nor acknowledged such receipt of legal notice till date.
However, it is a settled principle of law, that where there is duty
to speak or reply and such duty is not fulfilled intentionally, then
such silence amounts of acceptance of the request made to such

person. Thus, by act of acquiescence, the respondent accepted the

cancellation request made by the complainant but even after

accepting such request, has not refunded the amount deposited by
the complainant, which amount to wrongful gain for respondent
and wrongful loss to the complainant. It is pertinent to mention
that after sending of such legal notice, the complainant stopped
making any payment to the respondent, as he was under bonafide
 ln

impression that such unit has been cancelled and now the
respondent is under obligation to refund the entire paid amount.

XIV. The complainant has suffered losses or damages by reasons false

and incorrect statement or commitment made by the Respondent
for delivering the possession of unit within stipulated time. The
said project has been abandoned by the respondent. Thus the
Respondent are liable to cancel the booking of the plot and return

the amount along with interest under Sec. 12 RE(R&D), Act,

2016.

XV. That the respondent has received a sum of Rs.2I,08,9431- before

execution of Builder Buyer Agreement dated 3lll2l20l3. The

amount received by the respondent before execution of agreement

is more than 20Yo of the total consideration amount. Thus, the

respondent has breached the specific provision of Sec. 13(1) of

RE(R&D)20|6.

XVI. That the complainant inquired about the status of construction and
other development work to be carried out by the Respondent but
they never share any such information which is gross violation of
Sec. 19(2) of RE(R&D), Acf,2016.

XVII. That the Respondent has misled the complainant by suppressing

the material information at all times i.e. before, during or after the
site visit or inspection of the documents. The Respondent has

played willful fraud and has been deceiving the complainant by

giving fake assurances to handover the possession within
prescribed time as per the order directed by the Ld. Authority.

XVIII. That in view of Section 18 and 19(4)RE(R&D) Act, 2016 the

instant Complainant is entitled to get refund along with delay
compensation from the Respondent. Furthermore, as per the
provisions of Rule 15 of Haryana Real Estate Regulatory Rules
2017 , the allottees including the instant Complainants are entitled
 for interest on the amount paid to the Respondent at the rate
prescribed.

xIX. That the Complainant is an aggrieved person and has right to take
plea for such illegal acts done by the respondent. The RE(R&D)
Act,2016 talks about the rights of the allottees under section 19. It
is pertinent to mention that as per section ß@) the allottee shall
be entitled to claim the refund of amount with interest at
prescribed rate from the promoter, if the promoter fails to
handover the possession within the prescribed time as per the
agreement for sale. For ease, section I9(4) reproduced herein

below:
Sectìon f9@ " The allottee shall be entítled to claim
the refund of amount paid along with interest at such

rate as may be prescribed and compensations in the

manner as provided under this ect, fro* the

promoter, if the promoter faíls to comply or ís unable

to give possession of the apartment, plot or buildíng,
as the case may be, in accordance with the terms of
.Agreement for sale or due to discontinuance of his
busìness as a developer on account of suspension or
revocation of his registratìon under the provísion of
this Act or the rules or regulations made
thereunder".

XX. That the Complainant is no more interested to continue with the

respondent's project. The respondents is habitual to break the

rules and regulations on their part and also violating the terms and
conditions of the said agreement which is made by them as per
convince.

XXI. That the Respondent has committed the breach of trust with the

Complainants on the basis of their impressive pictures and false

promises due to which Complainants have drained out from his
hard earned money and by this way the Respondent has cheated
the Complainants.
 XXII. That the Respondent after indulging in unfair trade practice had
intentionally grabbed the hard earned money of the complainant
and by this way also committed the offence of "criminal Breach
of Trust".

XXM. That by the wrongful acts, conduct and behavior as well as the
deficient services of the Respondent the complainant has suffered
the following losses/damages.
a) complainant has suffered the financial losses of the
consideration amount of the unit/ which had already paid to the
Respondent at the time of the booking in the year 2013.

b) complainant has also suffered the financial losses of the

amount of inflation which has taken place in the Real Estate
sector in Gurugram Region, from the date of booking till date.

c) Complainant has to spend a lot of his valuable time in pursuing

the above said matter with the Respondent and in the process
he has suffered the loss of his valuable time and energy.

d) Complainant has suffered the lot of mental agony, pain and

harassment which cannot be compensation by any means.

XXIV. That the Complainant has some proposed issues which shall be
adjudicated by the Hon'ble Adjudicating Officer:-

Whether the respondent has intentionally and willfully played fraud

upon the Complainant by wrongfully portraying the colorful picture
of the property?
b. Whether the respondent has intentionally and willfully
misrepresented the facts related to the project?

c. Whether the respondent has wrongfully accepted the payment to the

tune of INR 69,50,4441- (Sixty Nine Lakh Fifty Thousand Four
Hundred Forty Four Only) from the complainant?
 )'l
d. Whether the respondent has intentionally and willfully failed to
handover the possession of the said propeftylland to the allotted
apartment in due course of time?

e. Whether the respondent has intentionally and willfully failed to

deliver the possession of properly in due time as mentioned in the
Builder Buyer Agreement executed by the respondent?
f. Whether the respondent knew it beforehand that they would not be in
position to deliver the said land/property within the stipulated time?
g. Whether even after knowing that the developer would not be able to
handover the possession within in reasonable time period, knowingly
and malafidely raised demand letters along with a hefty amount of
interest?

h. Whether the respondent is liable to refund the entire consideration

amount along with interest for delay, as per provisions of RE(R&D)
Act,20l6?
i. Whether the legal notice dated 07.02.2017 sent by the complainant is
valid for the purpose of cancellation of the allotted unit?
j. Whether the act of not replying such legal notice dated 07.02.2017 by
the respondent amounts to acceptance of request of cancellation of
unit?
k. Whether the respondent is liable to refund the amount collected from
the complainant along with interest for delay in delivery of
possession?

l. Whether the respondents are liable to pay the penalty and interest on
the total amount received by them, as per the provisions of
RE(R&D), Act, 2016
m. Whether the respondent has committed cheating and fraud with the
Complainant by not fulfilling the terms of contract or the said
agreement?

Compensation (s) sought:

The Complainant pray for the following relief(s):-

i. To give necessary directions to the Respondent for refund

along with interest as per the provisions of Sec. 18 and Sec.
I9(4) of the RE(R&D) Act, 2016.
 ii. To impose penalty upon the Respondent as per the
provisions of Section 61 of RE(R&D) Act for contravention
of Sec.12,13, Sec.14 and Sec. 16 of RE(R&D) Act.

111. To direct the respondent to provide detailed account

statement against the amount collected from the
complainant in lieu of interest, penalty fbr delayed
payments under Rule 21(3)(c) of HRERA Rules,2017.

lV. To issue directions to make liable every offîcer concerned

i.e. Director, Manager, Secretary, or any other officer of the
respondent company af. whose instance, connivance,
acquiescence, neglect any of the offences has been
committed as mentioned in Sec.69 of RE(R&D) Act,20l6
to be read with HRERA Rules,2017.

V. To recommend criminal action against the respondent for

the criminal offence of cheating, fraud and criminal breach
of trust under section 420,406 and 409 of the Indian Penal
Code.

vi. To issue direction to pa1'the cost of litigation.

vll. To issue direction to pay the compensation of Rs.2,00,000/-

to complainant for compensation for his mental agony, pain
and harassment.

viii. Any other relief which this Hon'ble Adjudicating Officer

deem fit and appropliate in view of the facts ancl
circumstances of this complaint.

6. Claim not pending with any other court, etc.:

The complainant declares that the matter regarding which this

complaint has been made is not pending before any court of law or

any other Authority or any other Tribunal.

7. particulars of Demand Draft/bankers cheque or online payment in

respect of the fee in terms of sub-rule(l) of rule 29:

(i) Amount:
(ii) Name of the Bank on which drawn
(iii) Demand draft number/bankers cheque/ online payment

transaction no and date:

8. List of Enclosures:

Annexure C-1 10.09 .2020

(Copy of Order Passed

Hon'ble ApPellate Tribunal)

Annexure C-2
(Copy of ReceiPts)

Annexure C-3 30.08.2013

(Copy of Allotment Letter)

Annexure C-4
(Copy of Builder BuYer
Agreement)
Annexure C- 5 2013-2017

(Copy of ReceiPts)
Annexure C-6
(Copy of construction
Payment Plan)

Annexure C-7 07.02.2017 &.

(Copy of Lega| Notice and 13.02.2017

Receipt of the Post)

-, ¿¿/

Dated:- Signature of the comPlainant

Place:-
 Verification:-

I R/o H' No' 837' Block-B' Ansal

, Ajay Pal Singh, S/o Sh Jagvir Singh
132013 the complainanilauthorized
sushant city, Sector-19, Panipat, Haryana'
representative do hereby veriff that the
contents of complaint are true to
that I/we have not suppressed any
my/our personal knowledge and belief and
material fact.

Dated:- |;
Place: Signature of the comPlainant

THROUGH

Kamal DahiYa & Mukul SanwariYa

Counsel for ComPlainant
For & On Behalf of:-
Juris Axis Legal Consultants, PKL
# 5302,GlH- 4A, JalVaYuVihar,

S ector-20, Panchkula(HrY')

E-mail :j uri saxisr era@gmail' com

M:- 9I-9729902009
 BEFORE THE ADJUDICATING OFFICER, HARYANIA REAL
ESTATEREGULATORYAUTHORITY,GURUGRAM

Ajay Pal Singh

COMPLAINANT

VERSUS
M/s BlackberrY Realcon Pvt. Ltd'
RESPONDBNT

AFFIDAVIT
I, Ajay Pal singh S/o sh. Jagvir singh, R/o H. No. 837, Block-B, Ansal
sushant city, sector-l9, Panipat, Haryana do hereby solemnly affirm and

declare as under:-

1. That all the facts and submissions made in the complaint are true and
nothing material has been concealed'
2. Thatl have not filed any similar complaint is pending before any court

of law or any other authority or any other tribunal(s).

3. That a Draft bearing no" ' 'dated' of
bank of Rs... .........is annexed with this

complaint.
4. That my Aadhar no. Is 8556 7616 7973

Date:-
Place:- Deponent

VERIFICATION:.

Verified on this.... day of ",2021 that the contents of

and belief
the above affrdavit are true and correct to the best of my knowledge

and nothing material has been concealed there from or

suppressed'

Date:-
Place:' )/
I)eponent
 ânne,p¿tu- L- L

M/s Blackberry Realcon Rrt' Ltd'

Sh. Ajay Pal Singh V/s
AppealNo. 237 I 2ßI9
counsel for the
Present: Sh. Kamaljeet Dahiya, Advocate' Ld'
aPPellant.
ld' counsel for the
Sh. Pawandeep Singh' Advocate'
resPondent.

[Theaforesaidpresenceisbeingrecordedthroughvideoconferencingsince
in virtual court'l
the proceedings are being conducted

Ld.counselfortheappellanthasfiledthroughemailthe
copyoftheofferofpossessionletterdated2B.oT.2o].8.The
salne is taken on record

Ld.counselfortheappellantstatesthattheappellant
intendstowithdrawfromtheproject.Heseekstherefundof
possession was not
the amount deposited by him as the
deliveredtohimuptothedeemdateofpossession.Hestated
t}ratthepresentappeal.as-ffelj.as*'lrecompl.aintfiledbythe
appellantmaybedismissed'aswithdrawrìwithlibertytofile
the fresh petition before tlre Ld. Adjudicating
officer,

Gurugram-

Inviewoft}restatementmad'eatbarbyld.counselforthe
as the complaint filed by
appellant, the present appeat as well
theappellantisherebydismissedaswithdrawnwithlibertyto
fîlethefreshpetitionbeforetheLd.Ad"judicatingofficerin
accordance with law'

File b-e consigned to the records'

Justice Darshan Singh (Retd')

Chairrnarl'
'ïËsTHt)
Haryana Real Estate Appellate Tribunal'
Chandigarh
*
û4;6 5-J
ffio*,* nr¿l #''f '! í &?p¡ c
Inderjeet Mehta
TRIBUf¡ri\l. Member (Judicial)
S'.Å
T1"ñ^- /arrnfa
^-:1
 ffi
MM
æ¡
PARAS SQTJARE

RECEIPT
Mr. Ajay pal Singh
N/n
9802765555

Rece¡pt No.: 0217

Customer lD: pS000138 Dated: 5th August 2013

Received with thanks from

Mr' Ajay Pal singh, a sum of Rs.5,00,000.00/-
( Rupees Five Lac onry.
for unit No"'sr/0301" in paras ) on account of Booking Amount
Square, sector-63A,Gurgaon(HR).
as per fo'owing detairs:

S.No. Cheque No. Drawn On Dated Cheque,/DD Amount

lnstallment Amount(Rs.)
Punjab National
1. 9s3034 Ba n k, Pa ni pat- 21st August 20 13
5,00,000.00/_
5,00,000.00/_
132103

Total 5,00,000.001-
5,00,000.00/_

Pvt.Ltd,

U. This receipt ¡s subject to realization

of cheque/draft.
F. The receipts are not transfereble
w¡thout written consent ofthe company

"í3l.aClihe¡'r5¿ fteaÌcc¡n Fv?. L.trj :

Coi^pcratc Oftir:e: 'i Fiee¡ ¡:¡.¡¡;15-¡',.¡
3r:.::!r:i - l:l. Golf Cour-se Rcacl, Giir,;:;;,:t 122C)',)_ " iia;.,11::¡;. l'ûi. , j:ri .,2:¡ ,1:] ...'.
 ffi
mn
m
PARAS SQUARE

RECEIPT

Mr. Ajay Pal Singh

N/A
9802765555

Receipt No.:0216
Dated; 5th August 2013
Customer lD; pS00013g

Received with thanks from Mr' Ajay Pal síngh, a sum of Rs.5,00,000.00/- ( Rupees
Five Lac onry. ) on account of Booking Amount
for unit No'"sr/0301" in paras square, sector-63A,Gurgaon(HR).
as per foilowing detãirs:

5.No. Cheque No. Drawn On Dated ChequelDD Amount lnstallment Amount(Rs.)

Punjab National ---_---'--.
I
220817 Bank,Pan¡pat- 20th May 2013 5.C0,000.00/_ 5,00,c0c.0cl-
132103

Total 5,00,000.00/- 5,0c,000.00/_

Pvt.Ltd.

u. Thìs rece¡F,t is subject to realization of cheque/draft.

F. I¡e rece¡f,ts are not transferable without wr¡tten

consent of the company.

Blackberry Realcon Fvt. Ltd. Corporata Office: 11 Ficor. P;r¡as Twin To',^lerl i- foìr/e Ì' :jl
Sector - 54, Goli Course Road, Gurgaon - 1220C2. llaiyane; ic-i. l-l r24 456150C Fa:i: '+9i 1)1i 44.:',,
 ffiffiˡ*
5H
PARAS SQUAR"E

RECEIPT
'

Mr. Ajay Pal Singh

House No.-887, Block-B, Ansal Sushant City, Sector
-19 Panipat,
980276ss55

Receípt No.: 0342 Dated: LSth October 2013

Customer lD: PS000138

Recelved with thanks from Mr. Ajay Pal Singh, a sum of Rs.11,08,943.00/- ( Rupees Eleven Lac Eight Thousand lline Hundred

Fourty Three Only. ) On account of lnstallment Amount & Service Tax for Unit No."ST/030i" in Paras Square, Sector-
63A,Gurgaon(HR). as per following details:

lnstallment Amount
5.No. Chegue No. Drawn On Dated Cheque/DD Amount Service Tax
(Rs.)

Punjab National
1. 954826 Ba n k, Pa ni pat- L5th October 2013 r7,08,943.OC/- 7s,443.OO/- 10,33,s00.00/-

132103

Total LL,08,943.001- 75,443.O01- 10,33,500.00/-

alcon Pvt.Ltd.

u. Th¡s receipt ¡s subiect to real¡zat¡on of cheque/draft.

F. lhe rece¡pts are not tfansferable without wr¡tten consent of the company

Blackberry Reaicon Fvt" ["ttJ" corporate Or.ïcr:.1': ' Fioor, Paras Twin Toii'¡ri. í ' :'i''-rr'3j.
Sectc,r - 54, Gcll Oourse Road, Gui'çarn . Haryane, Tel.: 'r91 124 456150û " Fax. -,, . : r rÍiiì 1 :ì;41
"2?.G02.
 TT
il

PARAS SQUARb,
ALI.OTMENT LETTER
Dated: 30th August 2013
¡ -t '7
ttl/-s@.r. Ajay Pal Singl J'.t't1t,'¿L lL) f ç /,r' * \)
;' !!/ L -
l-louse No:-887, B'Block
Ansal'sushant City , Panipat ,Sec{or-'|9
Mobile:

studir
and Altotment of Studio Apartment No' ST/0301 'lln:Paraç Squaie,
Sub: Booking confirmationñ âñ¡{.Âilôlment
Sector'63 A,.Gurgaon (Haryana).

Dear Customer,

Greetings from Paras!

I .._
regarding booking of a studio Apartment in "Paras square", sector 63
At
This has reference to your request dated sb Aug. 20ri
Gurgaon (Haryana).
ST/0301, Unit Type: Stud¡o'.Supef area admeasuring 1225 Sq.
We are pleased to inform you that Studio Apartment'beaiíÍrg:Number
your name under Construct¡on Linked Payment Plan; as
ft. (approx.) in ,,paras Square,, has been confirmed and allotted in
per below mentioned Details:
ls shal æ

Párticulars Rate Per Sq. ft (Rs. TotalAmount

300 /. 10167500 /-
Bäsicsale Price
(
431 l- 5279751-
trrìll .ltrvlernal De-velooment Charqes)
Ft^.'al¡aman{ llharnac\ 71.1- L,
I
(Fer Bay) 300000 /-
î;¡ Þcr.kinn'¡ll, lsaoe Riohts)

1251- 153125 t- (
(
11235575t-
total Sale Gonsideration
of Bank Draft / Cheque / RTGS
Youarethereforerequesledtoremitallthedemandasandwhenduebyway
ãr.rîË;t crtsãoñ,ih favout of "Btackberry Realcon PvL Ltd'"'

Thanking You,
-
For BJçckberry Rgatcfivt Ltd.

,{nnnwiÅ(wí
Auth6-rízàd5igp.â*€qf

Annexure "{" for your refèrence & ¡ecord'

Pleasa find attached the Payment schedule as
-
NotsÊ
'- Ùl¡s c¡ese'
¡riofíng ámtimt-hæ-alHdy b€en Paid' kindv igrcG lvent of p".t*t ¡s pàr
non'lrmery payment
or non-timely t''' the opted payment plan lhe @¡npæy has
2. The cmÞany .¡ar ror i¡ä ¡nitiä'löil or.ihá 5"¡e p¡ce "s
eamest money CEamest Monev"). ln lhe event
mmv'
:- :':
å-;"*;l/#i;;i'; üt"book¡ng & fotr"ityoor cheque / DD'
th"-""mest
3- Pl8âsô me¡tion Cusbmêr Namå & Unit no' b€hind
4. Seruh€ tex shaü ¡" a"oJä"t"ã tpptieue'
"üi;il;Ë . .' ^ - -..- --
añerd!€ date'
5. lnwest @ 18% p.". "¡"ritã ãi-p¡*Ëld ånd pavable mtad-ou
6- lf vor accent" oo *t arú-ffãuiieór¿idéae offiæ ¡mmediately
;: äffiiläõä*î" iJlää'Lõio*¡i¡uã**ø*"'t' rrAprl 2013'

Ut!l'lÑG L^NÞM'\ixS

,
Blackberry"Realgon Prrt. Ltd, corpbrate office: 11"' Floor, Pa¡as lwin Towers i'lr:r've; l¡:
i'ì1 tì'^":v15"a':i
Sectr¡r-54,Golf Cù,.::sijRoad,Gurgaon -122A02'Haryana,'!-ei ;*91 12445615C0'F¡;';:

\ \ -LL--

'tÌ:È
-

,_J--' ).'rr¡¡'*r:,' \
 ffi
98ffi
!m

PARAS SQU^T'

trl02l20r4

To,

Mr. Ajay Pal Singh

House No.-887, Block-8, Ansal Sushant City,

Sector-19
Panipat, -132103

Contact No - 9802765555,

Dear Sir/lvla'am,

please frnd enclosed Original copy of the Builder Buyer Agreernent for the above said Unit duly
executed from Blackberry Realcon Pvt Ltd. for your records' " '

Kindly sign the acknowledgment copy of the same enclosed along with the Builder Buyer Agreement
and send back to our Corporate Offrce.

\.J .,

Thanks & Regards

For Blackberry Realcon Pvt. Ltd.

CRM DeBartrnent

Floor, Paras I win Tower:; llcv;er ts)'

tslackbeffy Realcon Pvt. !-tc{. Corporale office: 11"'

iecior.s4,GolfCoursefìo¿ìdGU.Car}rl122ao2'.Haryana.T€l':.i9.'1i244561500"f:;i;¡.':li1'?1.45()1|)!.i.:|
 11iÌ,:::t:lrriï(il,l?Ì;ai-ì'ilil.lw!$fffiæwsmî.ffffirõ.-{åfi$-B{1.Þi'ffitrdlKffim.s"'¡,ir¡fiæÏr'rõfiry};{

HARYANA L 513661

BUILDER BUYER AGREEMENT

çt
ij
refeffed to as "t the "Buyer's nsreem¡1tl:,:"::
This.Builder buyer's agreement (hereinafter
Ë- l; c ,2013 for service apartments I n¡tait_unit No' sT/03 01 on
Gurgþon on this .tJ-day of D
projeót "paras square" service
Type B Admeasuri ng 1,225 Square Feet super Area in
ThirdFroor
Haryana by and between:
Apartments & Retait, sector 63-4, Gurgaon,
¡i !,t

underthe Companies Act, 1956,

[4/s Blackberry Realcon Private Limited., a Company incorporated
TWin Towers (Tower B)'' sec - 54' Golf
course Road' Gurgaon
rravinq its office at 11th Floor, Paras
g Mr. Rajesh Kaul duly authorized vide Board
_122ôOz,Haryana through its Authorized signatory
which expression shat'
dated 1'th sep. 2013 hereinafter referre-d to as "Devefoler',
Resq{ution
its successors, legal
repugnant to the context or meaning thereof, be deemed to include
unless
of the First Part;
reprJsentativesand permittedassigns)

æn5
 AND / OR
Name AJAY PffL SST*C"þ{',
Fathãr/Husband Name Jn(rvft Sn{CrH
PAN êcqLPSo96,i N
Residing at T+uSE ¡ç.:.È8ï, 6- $!oeK, ANSñL SuSI,IÊNT C$TY, ..
SEg{_OR- !A, PfrNÇPÈT. 134ê3

Having Undivided Share

Email lD ÂJlt¿$lÅìn¿lì ar+6tr\ra,L[. .@H

Phone/Mobile No. QBo&?6S5 55

AND / OR

Name

Father/Husband Name

PAN

Residing at

Having Undivided Share

Email lD

Phone/Mobile No.

AND / OR

Name
Father/Husband Name

PAN

Residing at

Having Undivided Share

Email lD

Phone/Mobile No.

(hereinafter singly / jointly, :as the case may be, referrêd to as the "Allottee(s)", which expression shalf ,
unless repugnant to the context or meaning thereof, be deemed to include his/its legal heirs,
administrators, executors successcirs and permitted assigns) of the Second Part.
'

ïhe Developer and the

SFÊ6Þhall hereinafter be collectively referred to as "Parties" and.individually

lffis\*Nh{CIsY \.
 WHEREAS:
---"''
LANDDETAILSi ,
A. M/s Yule Propbuild Private Limi.ted,.a Company incorporated under the provisions of the Companies
Act, 1956 and having its registered office at 304, Kanchan House, Karampura Commercial Complex,
New Delhi- 110 015, alongwith M/s Commander Realtors Private Limited, a Company incorporated
underthe CompaniesAct, 1956 having its r:egistered office atA-11, lst Floo¡ Neeti Bagh, New Delhi-
110 049 (hereinafter referred to as the "Owners"), are the legal and beneficial owners of a piece of
land admeasuring 2.20 acres, situated at Sector - 63-4, Village Behrampur, Tehsil Sohna, Distt.
Gurgaon, Haryana (hereinafter referred to as the "Land").

The Developer has entered ínto an agreement dated 16th December2011, (hereinafter referred to as
the "Development Agreement") with the Owners for the development of the Land duly registered
with the Sub-registrar Sohna vide Vasika No. 6413, Bahi No. 1, Jild No. 2063, Page no. 51 on dated
16.12.2011. Subsequentthereto, the Owners have handed overthe absolute possession of the Land
to the Developer. As per the terms and conditions of the DevelopmentAgreement, the Developer has
conceived, planned and is in the process of constructing and developing a multi storied commercial
complex in the name and style as "PARAS SQUARE", and, inter alia, will be confirming to
international standards of architecture with adequate parking space afong with the state of the art
Units along with service apartments, (hereinafter known as the "Project"/ "Commercial Complex").
The Developqr proposes to complete the construction of the Commercial Complex in accordance
with the building plan(s)approved by DTCP, Haryana vide Memo No ZP-892|AD (RA) 120131 47504
dated 30.07.2013.
:

The Director, Town and Country Planning, Çovernment of Haryana, / DistiictTown Planne¡ Gurgaon
(hereinafter referred to as "DTCP / DTP'I has granted license bearing No. 23 of 2013 dated
1710512Aß (hereinafter referred to as the "License") undei tt'rê provisions of the Haryana
Development and Regulation of Urban Areas Act, 1976 in favor of the Owners to develop the Project

The Developer/Owner has obtained,the r:equisite consents and approvals Íor zonal plan from the
DTCP for developing and constructi ng the ProjecUCommercial Com plex.

The Developer has obtained other refiuisite consents and approvals from Govt. departments and
statutory authorities for. developinçj and constructing the ProjecíCommercial Complex as per law in
force. The Buyer has checked all the approvals at Developer's corporate / site'office.

F. The Allottee acknowledges that the Developer has readily provided all the information and
clarifications as required by the Allottee and the Allottee has not relied. upon and is not influenced by
any architect's.plans, sales plans, sale brochures, advertisernents, representations, warranties,
, statements or estimAtes qf an)¿ nature whatsoever whether
written or.oral made by the Developer, its : : '

: selling agents/brokers*or otherwise including but not limited to any representations relating to the
description or physical condition of the said Complex or the size or dimensions of the Said Service
ApartmengRetail Space therein or any other physical characteristics thereof, the services, if any, to
be provided to theAllottee, the estimated facilitíes / amenities to be made availableto theAllottee(s)or

, any other data except as specifically represented in this Agreement and Application and that the i,',

Agreement and to purchase the Said Service Anartment,/ Retail space (having the layout and
; ':'ÊVT.'LI1)
[lt; '--,1.ttnd\J'
For ir, ,r,',1''il'rãRY : Ì:
t\
 spec¡fications as set out in this Agreement). No oral or written representations or statements shall be
considered to be a part of this Agreement andfh-Et-tþis Ag e ment is self-contained and complete in
itsel: in all respects î ,

The said'Complex is so planned as to earmark the use of avaif able sþace/area for specific designated
purposeonly,soastomaintainthedecorumandprestigrous!tandardoftheComplex.

l-t _ The Developer has allowed the Allottee(s) the inspection of the site; bu¡lding/tower plans; ownership
records of the aforesaid land and other'documents relating to the title, areà, competency and all other
relevant details to the satisfaótion of theAllottee(s). TheAllottee(s) has been intimated tÁat though the
Project has various compgnents comprising of various ServiceApartments / retaù shops, car parking
spaces, landscaped gardens etc, this agreement shall be confined and limited in its scope to one such
Unit in the building/towerproposed to be constructed on the piece and parcel of the land admeasuring
2.20 acres (approx.). TheAllottee(s)after been fully satisfying with the title, area and all other stated
facts, has applied to the Developer for allotment of a Service apartments / Retail Shops in the said
project.

The Allottee(s) has shown interest in the Commercial Complex and has vide his/ ìts application no.
dated ("Application") applied for registration / provisional allotment of a UniUservice
apartment (hereinafter referred to as "the said unit"), as set out in clause 1:1"(a) hereinbelow, in the
Commercial Complex. The;Allottee(s) has understood and agreed to abide by,,the terms and
conditions as set out in Schedule appended to the said Application for the provisional allotment by
sale of UniVservice apartment in the said Commercial Complex which inter alia includes the
execution and signing of this Buyer'sAgreement.

Pursuant to the receipt of the Application by the Developer and upon completion of all procedural
formalities, the Developer has allotted/ provisionally allotted a Unit in the CommercialComplex to the
Allottee(s), atsuch Sale Consideration as described in detail in clause 1.1(a) hereinafter.

NOW THIS BUYER'S AGREEMENT WITNESSETH AND THE PARTIES HERETO MUTUALLY AGREE
AS FOLLOWS:

1. SALEOFUNITANDRIGHTSTHERÉTO

I Description of the Unit

(a) ServiceApartments / Retail shop / Unit No. ,,Q1....... Onr-........... Floor No.GS8'D, fyq" -,ß-..,.,,
Admeasuring .,.1.11å5.....,.,,. S-quare Feet Srlpgr Area in Project "Paqas Square", Sector 69 A,
Village Behrampu¡ Tehsil Sohna, Gurgaon, Haryana with CLP /DP / Fixgd Monthiy tncome Pla¡* (*for
selective Unitsonly), The Deveioper, r'elying upon the confirmations, r€presentations and assurances
of theAllottee(s) to fa[thfully abide by all the terms, conditions and stipulations in letter and in spirit, as
contained in this Buyer's Agreement, hereby agrees to allot to the Allottee(s), the' Unit in the
:',Commercial Complex as per detail mentioned in Annexure - I ("The Said Unit", as more particularly
' , demarcated on the floor plan attached herewith as Annexure . lV) for a total consideration + Service

' .;Tàx (as applicable) of as per detail mentíoned in Annexure - I (hereinafter referred to as the "Sale
;'i 'Consideration'i)'as per the schedule of payments/payment plan Annexed hereto as Annexure - tl
(hqreinafter referred t{"R: "Payment Plan").
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(b) The undivided proportionate shãre of,the Land underneath the said Unit (that is the land which is the
footprint of the Commercial Comp{ex in wh'iihlh"e- said unít is situated) shall be calcuiated in the ratio
of super area of the said unit to thê tótal super area of all the units situated within the said Commercial
Complex.
(c) It is made abundanl:ly clear by the Developer and agreed to by the Allottee(s;) that no other land shall
form part of this Buyer's Agreement and the Allottee(s) agrees and understands that he/it shall have
no right, title, or interest of any kind whatsoever,.on any other land forming part of the Commercial
Complex, except to the extent of using only such general commonly used areas and facilities within
the Commercial Complex'lirnited to and'precisely listed in Annexure lll, subject however to the timety
payment of maintenance charges by the Allottee(s) as stipulated in the Maintenance Agreement (as
defined below), the key terms of which are set out in the Maintenance Agreement appended as
Annexure Vl to this Buyer'sAgreement.
(d) Allotherland(s), areas, facilities and amenities, exceptthose specified here in this Buyer'sAgreement
, are specifically excluded from the scope of this Buyer's Agreement and the Allottee(s) agrees and
understands that he/itshall have no ownership rights, rights of usage, title or interest etc. in any form
whatsoever in such land(s), areas, facilities and amenities. Such land(s) areas, facilities and
amenities have not been included in the computation of super area for calculating the .Sale
Consideration and therefore the Allottee(s) has not paid any money thereto for use or ownership in
respect of such land(s), areas, facílities and amenities. The covered area shall be the sixty percent
(approx.) of the super area. The Allottee(s) agrees and understands that ownership of such land(s),
areas, facilities and amenities vests solelywith the Owners/Developer, its associates and subsidiary
companies and their usage in any manner, disposal, etc. shall be atthe sole and absolute discretion of
the Developerand its associates and subsidiary companies. lt is rnade clearthatthe superarea of the
said unit as defined in Annexure - lll is tentative and is subject to change till the time of completion of
construction of the Commercial Complex.

1.1 SaleConsideration of Unit/ServiceApartments

(a) Sale Price

(i) The Sale Consideration as more particularly reserved in Clause 1 .1(a) payable by the Allottee(s) to
the Developer constitutes the ba'åic'sale consideration, excluding the parking charges, external
development charges ("EDC'), infrastruçture development charges ("lDG"), Fire Fighting Char.ges,
Service Tax and other charges as more particularly defined in clause 1 .2 (d) and 1 .2 (e) respectively.

u, , by the existing regulations. lf, due to any subsequent legislation / government ordel directives,
: : , guidelines'or change/anrendments in the fire safety norms including the National Building Code of
., : , India, 2005, and any,subsequent arnendments thereof,or, in the event.if deemed'necessary by the
Allottee(s) undertakes to pay, without any protest or. demur, within [ten (10)] days from the date of
written demand by the Developer, such additional expenditure incurred thereon in proportion to the
super area of his/ its Unit to the total super area of all the Units in the said Commercial Complex as
determined bythe Developer, The Parties hereto agree that the Dev.eloper's decision in regard to the
amount payable by theAllottee(s) underthis clause shall be final and binding on theAllottee(s).

For BLACKBERIìY lr Lt\rv

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 (i¡¡) TheAllottee(s) agrees, understands and confirms that all othercharges and levies, as are specifically
delineated in this Buyer'sAgreement shall be paid qjparately over and above the Sale Consideration
payable by the Allottee(s) as per the fayment Plan. The dishonor of the any instrument issued bf
Allottee i.e. demand draft / pay order/ cheque for any reason, shall entitle the company to charge from
the Buyer, an additionalarnou¡lttowards administrative handling charges, in addition taany remedies
thattheCompanymayhaveinlaworequity. -,..i'] :

(iv) Further, it is clarified that the cost of charges for operation of generator sets, are not included in the
basic sale price and will be chaçeable extra

(b) PaymentPlan
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(i) The Allottee(s) agreéS and undertakes to pay the total Sale Consideration in time as per opted
payment plan - CLP /DP / Fixed Monthly lncome Plan* (*for selective Units only), upon receipt of the
demand notices, without any reminders from the Developer, through [account Payee cheque(s) /
demand draft(s)l made infavorof eitheT"B.LACKBERRYREALCON PRIVATE LIMITED"oT"PARAS
SQUARE' payable at New Delhi / NCR. The Allottee(s) agrees that the payments shall be made
prornptly as per the demand for payment of the scheduled payments on due dates as set out in the
Payment.Plan. ln the event the Allottee(s) fails, neglects and / or dglays the payment of installments
then, notwithstanding the right of the Developer at its sole discretion to cancel such allotment, at any
time, after such default in payment occurs, the Developer may without prejudice to any other rights
provided to it under this Buye/s Agreement, waive such failures, neglects and / or delays in the
payment of instâllments bytheAllottee(s) subjectto the condition thattheAllottee(s) shall be bound to
pay interest on the delayed period as per the terms of the delayed payment interest set out in clause
3(i). lt is made clearand so agreed bytheAllottee(s) thatthe exercise of such discretion to waive such
failures, neglects and / or delays in the payment of installments by any one Allottee(s) shall not be
construed to be a precedent and / or binding on the Developer to exercise such discretion, in case of
otherAllottee(s) as wel l.

(q) Adjustment of lnstallments

''

(¡) The Allottee(s) agrees and understands that the Developer shall have ihe right to adjust / appropriate
the installment amount received from theAllottee first towards the interest and other sums, if any, due
from the Allottee(s) and the balancÊ, if any, towards the Sale Consideration. Such adjustment /
appropriation of payments shall be donè at the sole discretion of the Developer and the Allottee(s)
under.takes not to object, protest or direct the Developer to adjust his/ its payments in any manner
otherwise than as decided by the Developer. The Allottee(s) hereby expressly waives the
requirement(s), if any, of service of any notice of such appropriation.

(d) Adjustment of lnstaltments

(i) The proportionate amount of the EDC levied by DTCPias on the date of grant of Lll issued by DTCP
is @ Rs.431/- persqfootand is exclusive of the Sale Consideration.

(¡i) The A,llottee(s) understands a1d undertakes that in the eventuality of any inclegse or enhancement
(including an increase wjth retrospective effect i.e. firom the date of issuañcé ôt'the LOI issued by
DTCP)I in the EDC, the same shall be payable by theAllottee(s) on pro rata bâsis of the super area of
the Unit. Any failure of the Allottee(s) to discharge the payment of said EDC. ,shall entitle the
to the
pngvfit-o,pi.Jú?,i\ç['ì,fmtg l cancef this Buyer's Agreement immediatelV;yvithout giú¡äg ä;iv ¡o!!ce

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 Allottee(s). Thereafte¡ the Devefopgr, shalf be free to deal with such Unit in any manner whatsoever,
without any objection, interferen,cA j obstructionor hindrance by the Allottee(s). The Allottee(s) fu¡therr
agrees that he/it would not be competent to challenge such termination/cancellation by the Developer
due to default or non-paymeRt, of, such increased / enhanced EDC and the Allottee(s) hereby
specifically waives his/its rightrgndgr çquity,a¡.d / or law to seek any remedy against the Developer
under these circumstances. Notwithstanding anything to the contrary contained herein, upon such
termination of this Buy-er's Ag,reement..,Dgveloper at ifs sole discretion, after deduction of and
retention of the earnest money together with all costs, expenses, taxes and service charges and all
other necessary administrative, brokerage and other charges as maybe specified by the Developer or
any other liability outstanding against.the Allottee. The said amounts (net of all deductions, as
specified above) shall be refunded (without any interest payments thereon) by the Developer to the
Allottee.

(e) lnfrastructure Development Charges

(i) The proportionatearnount of the lDC,levied by DTCP [as on the dale of execution hereof is
@ Rs. 711-
per sq foot aggregating which are exclusive of the Sale óonsideration. ln the eventuality of the
Allottee(s) failing, to make payment of: any increase or enhancement of IDC thereof, the
consequences and r:ights of the Developer shall be same as stated in Clause 1 .2 (d)(ii) above.

(0 Earnest Money

The Allottee(s) understands and agrees that out of the amount(s) paid / payable by the Allottee(s)
towards the total Sale Consideration, the Developer shall treat initial 20% of the total Sale
Consideration as earnest money.(':l¿rnest Money") to ensure fulfillment of the terms and conditions
as contained in this Buyer'sAgreement bytheAllottee(s).

(ii) TheAllottee(s)hereby agrees thatthe Developershall have the rightto forfeit, out of the amounts paid
/ payable by him/ it, the Earnest Money along with the processing fee, any interest paid, due or
payable, any other amount of a non-refundable nature including brokerage paid by the Developer to
the brokers (in case of booking done through a broker) in the event bf tne failure of the Allottee(s) to
perform his/its obligations or non fulfillment of all i any of the terms and conditions set out in this
Buyer's Agreement gxecuted by thp Allottee(s) or in the event of failure of the Allottee(s) to sign and
return this Buyer'sAgreement in its originalform tothe Developerwithin [thirty (30)] (check)days from
the date of íts dispatch bythe Developer.

(i ii) The Allottee(s) agrees that the conditions for forfeiture of Earnest Money with the processing fee, any
interest due or payable, any other amount of a non-refundable nature including brokerage paid by the
Developer shall remain valid and effective till the execution and registration of the sale deed /
conveyance deed for the Unit and that the Allottee(s) hereby authorizes the Developer to effect such
forfeiture withoutany noticè to theAllottee(s) tiTlsuch time.
'ti

(g) Preferential Location Gharges

The proportionate amount of the preferential location charges ('PLC') for certain units in the project
would be charged as mentioned inAnnexufe -l and if theAllottee(s) opts for any such Unit, the pLC for
the same shall be included ín the Total Consideration payable by theAllottee(s) as set out in clause 1 .2
(a)above forthe said fJnit.
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( ii) The Allottee(s) understands that if due to change in layout plan, the location of any Unit, whether
preferentially located or othen¡vise is changeQ -to a¡y other preferential location, where the PLC are
higher than the rate as mentioned herçinabovu, inän in such a case the Allottee(s) shall be liable td
pay the PLC as per the revised PLC decided by the Company within thirty (30) days of any such
commu n ication received by the Allottee(s) in this regarcf .

However, if due to the change in the layout plan the Unit ceases to be preferentially located, then in
such an event the Company shall be liable to refund only the amount of PLC paid by the Allottee(s)
without any interest and/or compensation and/or damages and/or costs of qny nature whatsoever
and such refund shall be adjusted in the followin g installment for the Un it.

2. COSTSAND EXPENSES

The Allottee agreês and undertakes to pay all addítional amounts, including but not timited to any
additional costs, expenses,'operation of generator sets, deposits, electricity meter installation
charges, distribution box installation charges, charges for bulk supply of elêctrical eneigy, installation
of additional transformers, sub-stations or any transmission line in respect of the Commercial
Complex, as demanded by the Developer and / or its nominee and / or the maintenance agency from
time to time. Deniarid letter,sent fiom time to time by the Developer shall be sent only as a matter of
courtesy.

DELAYINPAYMENTS:. , ..

(i) Notwithstanding anything contained in clause 27.1,in case of delay in making any payment herein by
the Allottee(s), the'Developer shall have the right to terminate this BuyerrsAgreement immediately
and forfeit Earnest Money, brokerage, pending interest, or any other dues / deposit of non-refundable
nature. The Developer shall also be entitled to charge interest @24% p.a. compounded at the time of
every succeeding.installment from the due date of installment, till the date of payment as per the
Payment Plan. The Allottee(s) further agrees, acknowledges and undertakes that upon such
termination of this Buyer's Agreement, the Allottee(s) shall have no right to claim a refund of the
Earnest Money or other charges forfeited by the Developer and accordingly he/it shall forgo all his/its
rights, title and claim in respect of the Earnest Money upon such termination

(¡i) However, the Developer rnay in its soþ discretion, waive its right to terminate this Buyer's,Agreement,
and enforce all'the outstanding payment'S and seek specific performance of this Buyer's Agreement.
ln such a case, the Partíes agree that the possession of the Unit will be handed over to the Allottee(s)
only upon the payment:ofralloutstanding dues, penalties along with interest, including payment of
starnp duty and registratîon charges etc,, by the Allottee(s) to the satisfaction of the'Developer. lt is
strictly noted that failurg. in deposit of stamp duty, registration charges, lggut ¡harges and
adrninistrâtion chaiges;,,mutatiôn charges if any or any other charges efc before taking possession
willbeconsideredasfailureintakingpossession.

4. PERMITTED USE '

(a) 'The Allottee(s) shall use the Unit only for the'designated purpose as specified in this Buyer's ,,, I

. ì : ' Agreement and not for other purposes: The Allottee(s) shall not store any goods of hazardous or
;.,'n .,
combustible nature orwhich can cause damage tothe structure and /or assets of the other occupants ,.' .l-
,|: '. or equipments installed in the Commerciál Complex or use the Unit for any activity other than foili ,

i desígnated use an{noll{t to use the Unít for any'ímmoral, illegal or hazardous activity which would
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in any mannerjeopardizethe,Develope;ls goodwill or reputation. TheAllottee's occupancy
and ilse of
the Unit shall be in such a manner so.ai nof to.c-guse any nuisance, annoyance
or d¡sturbance to the
other occupeints of the Commerçial, Connplex. The Allottee(s) hereby agrees to
indemnil)r the
Developer, its directors, agents,.gerva4ts., employees and representatives
against any penal action,
damages or loss losses and such othprcosts and expenses whích may arise due
to misuse of the Unit
for which the¡\llottee(s) shall be sof ely responsible. lf theAllottee(s) usès
or permits the use of the Unit
for any purpose other than as provided for in this Buyer's Agreement, then ihe Develo per ,,
I
maintenance agency appointed by the Developer r"y ."nd a notiJe to'tre A¡ott""ftli"
;¿r;t; .;r"
the defect within a period of lten (10)] days and use the unit in accordance
with the teims as stated in
this Buyer's Agreement. The Developeri Maintenance Agency will also be enti¡ed
to disconnect the
water anci electricity connection of the defaulting Allottee(s) in case the default
is r¡ot cured by the
Allottee(s) within aforesaid [ten (10)] days time period. Notwithstanding anything
else contained
herein, the Developer shall have the right, in the event of the Allottee(s) failing
to cure the default
under this clause wíthin a period of [ten] days, in its sole and absolute discretion,
to cancel the
: allotment of the Unit to theAllottee(s) and terminate this Buyer'sAgreement immediately.

5. PLANSANDCONSTRUGTION
:..
(a) The Allottee(s) represents that,he/it has seen, reviewed and accepted
the payment plan, tentative
planstypical floor plan i site plan as provided jn Annexure _ ll, Annexure _ lV
/ and tentative
specifications as also Developer provided in Annexure-V of this Buyer's Agreement.
The Allottee(s)
agrees and acknowledges that the sarne are subject to change as per the
directions issued by DïCp,
if any and/or HUDA guidelines. Any upgradaiion in specification and amenities provided
by the
developer or due to any reason by,virtue of statutory requirement or governmenVstatutory
body's
order/notification shall be payable extra by you over and above the basic sale price.

(b) The construction of the Unit in the Commercial Complex, including the materials,
equipment and
fixtures to be installed therein shaif be substantíally in accordance with the tentative
èpecificatións as
given in Annexure -V, subject to the ríghts of the Developer to amend
such specifications in order to
substitute materials and equipment or fixtures of similar quality or subject to any
direction from
competentauthorityand/orthe architectandAllottee(s) herebyagreês to this condition.

6. ALETER,ATIONS/ MODIFICATIONS IN THE LAYOUT PLANS AND DESIGNS

(a) The Allottee(s) hereby consents ånd' ugru"s that he/ít shall raíse no objection in
the event the
Developer, at íts sole option and discretion till the grant of an occupation certificate,
carries out any
additions, alterations, deletions and design modifications, as it may consider necessary
in its sole
discretion as directed by,any competent authority and / or the architect. Such cl"ranges
Tllo.: may
(. include, but shall not be limited to, change in the building plans of the Unit i tower
/ floor plans, location,
increase or decrease in super area,',nurber of Unit]floors, OlocX o, oes¡g;r
;; öffi;;;. ,',

, However, this shall be without any,p¡ejudice to thê rights of the Developer unOu¡.
clauså 6 (c) & lltr:i¡ ,
hereunder to construct additional floors / addiiional spaces u, ,"niìioned and
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competentäufl-rority.

(b) lf as a result of such changes, alterations, modifications etc. theie is any change in
the location,
number, boundary or area of the Unit, the Developer shall intimate the same to
the Allottee(s) who
shall not raise any objection to the same, provided that such changes in the area
shall inter alia entail
proportíonate in"::.1t:_?{ cjecrease in the total Sale Consideration',of the
Unit based on the original
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(c) TheAllottee(s) agrees and acknowledges that the Devefoþär shall have the right to make additions to
or put up additional structures in / upon tlre said Commercial Complex I tower / buildings as may be
permitted by the competent authoritiesand such additional structures shall be the sole property of thé
Developer, which the Developer shall be entitled to dispose off in any rnanner, without any
interference whatsoever on the part of theAllottee(s). :

(d) In case of any alteration / modification resulting in any inciease or decrease in superarea of the Unit at
any time prior to ánd upon the grant of occupation certificate, the,Developer shall intimate the
Allottee(s) in writing of such increase or decrease in super area thereof and the resultant change, if
any, in the total Sale Consideration calculated as per the or.iginâl rate ofrthe Unit. Further the
Developer shall be entitled to raise additional demand in case of an increase in the super area of the
Unit, and theAllottee(s)shall be liable and bound to paythe same within lien (10)] days of raising such
demand by the Developer, failing which, theAllottee(s) shall, without prejudice to any other right of the
Developer, be liable to pay delayed interest as per the terms set out in clause 3 (i) and clause 3 (ii).
For any decrease inthe super area, the said reduced amount shall stand,adjusted in the subsequent
installment(s) payable by theAllottee(s).

(e) Ïhe Allottee consented that the Developer shall have the right, without further approval of the
Allottee(s) and I oi any other occupants ín the Commercial Complex to make any alterations,
additions; improvements or repairs whether structural or non-structural, interior or exterio¡ ordinary
or extraordinary in re-lation to any unsold Unit(s) within the Commercial Cornplex and the Allottee(s)
agrees not to raise objections or make any claims on this account at later stage

DATE OF COMPLETION : :

(a) Time of handing overthe Possession

(i) The date of'cornpletioi-r-of the Project sha{l be Thirty Six (36) months from'the,start of construction
hereof, subject to force rnajeure orland any other reason beyond the control of Developer, subject to
allAllottee(s) having strictly complied with all the terms and conditions.of this Buyer'sAgreement and
not being in default under any provisions of the same and all amòçnts due and payable by the
Allottee(s) under this Buyer's Agreement having been paid in time to the Developer, The Developer
immediately upon the receipt of OC/CC, shall give notice to the Allottee(s), in writing, to take
possession of the Unit for his/its fit:buts and occupation and use ("Notice of 'Possession"), on
furn ishing certai n docu ments by the Allottee(s).

('., The Allotiee(s)'agrees'anld:understands that the Developer shall be:entitled to a grace per:iod of one
hundred and Eighty:(180)days:overand above the period more particularly specified here-in-above in
sub-clause (a)(i) of clause 7, forcompletion of the Proleci.

(b) SubjecttorClause 37'and notwithstanding anything contained in sub.qlause (a) of clause 7 and clause
8, in the following,eircumstances, the date of completion of project shall get extended accordingly:
+"
., r' '

(i) lf, the completion of the Commercial Complex, including the Unit, is delayed by reason of non-
'availability of steel and / or cement or other building rnaterials, or water supply or electric power or on
.account of anyforce- majeure event or due to delay in sanction of any revised building / zoning plans,
due,to any restrictíon from Govt. /statutory authority or: for any.othef reasons beyond the control of the
Developer, th re^Allottee(s) agrees that the Deve.loper shall be entitled to a reasonable extension
t)
rof ti
ì
idVerof the possession of the said Urlit: .

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(¡i) The Developer, a result of su.ch a contíngency arising, reseryes the right
1s to alter or varythe terms
and conditions of this Buyer's Agreement or ifthe circumstances
beyond
the control of the Developer
so warrant' the Developer may suspend the construction
of the commercial complex and this duyers
Agreement for such períod as it may consider expedient.
The nllotteeis-l
compensation of any nature whatsoever underihis Buyer'sAgr""r"ni"rthe
ä"; ;,'ìo
"¡u¡,
period of suspen:sion of
I Prvr I ur
the construction of the commerciarcomprex and this euv"rrigÀ;;";
(¡i¡) lf as-.a result of any law that may be passed by any legislature or ruie, regulation or judicial order
or
notification that may be made and / or issued by the government
municipal authority or on account of delay ín sanctioning
or any otner autnårif ¡;;;;g;
of plans or any 61¡sr sanctions or approval
for development or issuance of occupation certificate by appropriate
whatsoever it may be, or due to force majeure the Developer
;;;""r""
authorities ;,.
is not in a position to hand over the
possession of the Unit withín the stipulated time, then
the Developer may, if so advised, though not
bound to do so, at its sole discretion challenge the validity,
applicability and / or efficacy of such
legislation, rule, judicial order or notification by moving petition
a before the appropriate courtls),
tribunal(s) and / or authority. ln such a situation, the money(íes) paid
by theAilottee(s) in pursuance of
this Buyerfs Agreement shall continue to remain with the
Developer and the Allotteeirl ånr"", not to
move fororto obtain specific performance of the terms
of this Buyer'sAgreernent, it being specifically
agreed that this Buyer's Agreement sþall remain in abeyance
tilif¡nat d"etermination by the court(s) /
tribunal(s) / authority(ies). However, theAllottee(s) may, if
he / it so desires, become a party along with
the Developer in such lítigation to protect Allottee(s) individuat
rights arísing under this Buyer,s
Agreement.

(iv) Further, in the event the Developer succeeds in its challenge

to the ímpugned legislation. rule,
regulation or order or any reason whatsoever it may be, as
the case may be, it is hereby agreed that
this Buyer's Agreement shall stand revised and the Parties
shall be tiaote to fulfill their respective
ob'!igations as provided in this Buyer'sAgreemeni.

(v) However, in the event the aforesaid challenge by the Developer

to the impugned legislation, order,
rule or regulatíori does not succeed and the said legíslation,
order, rule, of regulation becomes final,
absoiute and binding or any reason whatgoever it may be, causiàg
the prolect abandoned, the
Developer will refund the money(ie-s) paid by the Allottee(s) in pursuance
of this Buyer,s Agreement
[along with an calculated atJ,9 o/o)p.a(simple interest) on the amount(s) paid
1nt-e.1est by theAflottee(s)
for such period of delay, after making payments of the statutory
dues and secured creditors and after
deducting interest on delayed payments, processing fee etc
and any other expenses attribut"ot" to
thq said U¡[t' Save as othenvise províded herein, theAllottee(s)
shall not have any other right or claim
of whatsoeve¡'nature againstthe Developerunderorin relation
io this Buyer,sAgreement.

(vi) That the Allottee(s) agrees and accepts that in case of any default
I delay in payment as per the
Payment Plan, the date of handing over oJ the pospession
of the unit to the Allottee(s) shall be_
extended acgordingfysolely on the Devgloper's discretion tiil the payment
includingtheapplicableinterest,tothesatisfactionoftheDeveloper.
of aitoutstaro"i #"ä[,
(c) The Parties agree and acknowledge that the super:Area of the
unit is subject to variation and change
to maxímum extent of t10%, at the time of the offer of possession
tn;il;;;;;;
of tne'un¡t to
charges in relation to the same wilt be, payable 1 adjusted as
demand, suit and / or litigation, shail be raised by the Allottee in
specified hereinab""" N" ;;;,
relation to such variation in the Super
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8. PROCEDURE FORTAK¡NG POSSESSION

(a) Within a period of [30] days from the date-of Nstice of Possession sent by the Developer, the
Allottee(s) take possession of the Unit¡in the Commercial Complex from the Developer by executing
necessary indemnities, undertakings, and such other documentatien.,as the Developer may
prescribe. The Developer shall, after satisfactory execution of such documents and payment by the
Allottee(s) of all the dues under this Buyer's Agreement including the payment towards stamp duty
and registration chargeS, permit the:Allottee(s) to occupy the Unit, on the, terrns and conditions
contained in this Buyêr's Agreement. lf the Allottee(s) fails to take possession of the Unit as aforesaid
wíthin the time'lirnit'prescribed by,the Developer in herein, then the saidrUnit shafllie at the risk,.
responsibility and costof the Allottee(s) in relation to all the outgoing ceSs, taxes, levies etc and the
Developer shall.have'no liability or concern thereof and further the Developer shall also be entiled to
holding charges as provided under clause 10.1 (a).

(b) Subject to the Allottee(s) making all payments under this Buyer's Agreement to the satisfaction of the
Develope¡ the Developer shall prepare and execute along with the Allottee(s) a conveyance/safe
deed to convey the title of the Unit in favor of Allottee(s) but after payment of stamp duty, registration
charges, incidental expenses for registration, legal expenses for registration and all other dues as set
' forth in this Buyer's Agreemeni or as demanded by the Developer f¡om time to time prior: to.the
execution of the conveyance deed. The Developerwill make reasonable efforts to get the conveyance
deed registered within a reasonable time as per rules / direction of Law in force. The all charges
related to property, including but not límited to all demand from any Govt. department /'statutory
authority, Any/all tax(es), stamp duty, registration charges and legal charges for registration of this
present agreement or registration of Sub-Lease Deed will be the sole responsibitity of Allottee and'
shall be payable by the Allottee only. lf Allottee fails to pay any demand, tax, dug, stamp duty and get
this Agreement, or conveyance deed registered, any charges/penalty/damages/levy/interest in this
regard will be sole responsibilíty ofAllottee only.

(c) TheAllottee(s) agrees that if helit'is'in default of any of the payments as afore-stated, then the
Developer shall have the right to withhold the execution and registration of the conveyance / sale
deed in his / íts favor till full and final settlement of all dues to the Deveioper to its satisfaction is made
by the Allottee(s). The Allottee(s) undertakes to execute conveyance / sale deed within the time
stipulated by the Developer in its written notice, failing which the Allottee(s) authorizes the Developer
to cancel the allotment and terminatê this Buyer's Agreement in terms of Clause 10 of thís Buyer's
Agreement and to forfeit Earnest Money, brokerage amount paid, if any, processing fee, interest on
delayed payment, any interest paid, due or payable, any otheramountof a non-refundable nature and
to refund the balance amount deposited by the Aflottee(s) without any interest in the manner
prescribed in Clause 2T.

(d) TheAllottee(s) shall be solely responsible and liable for compliance of all applicable laws íncluding but
not limitecj to the Act, Transfer of Property Act , 1882,the provisions of lndian Stàmp Act, 1 899 (or any
modification or ameFdments thereof), including any actions taken or penalties imposed by the
. competent authoiity(ies). The Allottee(s) further undertakes to indemnify and'kéep and hotd the
Developer, its employees, directors, servants, agents and representatives indemnified and harmless
' against all claims; demands, actions, proceedings, losses, damages, recoveries, judgments, costs,
charges and expensès which may be made or brought or commenced against the Developer, for non-
F,,:r Bl¡rr;¡lgo:Bp{¡q}c,flrgl$.,.q¡1ymgyj:ions of law in respectof the Unit
: ,
:

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fl^r'^l^^^' Á'lïHåntecn êr^Àr^?,ìñ\/ 4e. Allnfteo/sl
 '?
..'
9. COMPENSATION

(a) subject to the Allottee(s) having complied'with

its obligations under this Agreement,
-
limited to timefy paynlent of the conside¡.ption inciudir.ig br.¡t r¡ot
and other charges as per thd payment pran
without any default during the payment optec
tenure ov tn" Allottee(s), in the event
handing over the pos-session subject to fo¡ce of any wi,fur cJeiay in
rr,ajeure and/orany situation,r¿u}ä
Devefoper' the Allottee(s) may demand
an interest calculqted at
tïnî"rr,-o, ,
fg %]pa. (gimple interest) on the
amount(s) tÎjl
the Allottee(s), fo¡ such period of delay,
subject io Û'å'Buyer having fulfi'ed af I his
?l towards
liabilities / obligation p"yr"nt of sare .onrio"r"t¡or-;;å""*roJ",ï,".
delay' The company will appropriately process ñ;rì rîu'jår,,
possession' lt is further clarified that
such a claim and the same will be pr,dti::; ".
r "*n".
the above said delay
e ,n"u vç pavable, suir
be vo.'¡.'ure. subject to
receipt of a written demand by theAilottee. ",r¡r
(b) TheAllottee(s) agrees and undergtands,thatthe
cornpensation as mentioned hereinabove,
become payable to theAllottee(s), will that may
be paid only if theAllottee(s) has
not defaulted and or breached
the terms of this Buyer's Agreement
or defaulted in payments as per the payment pran
maintained hisaccount in good order. and had

(c) Notwithstanding anything contained

hereinabove or elsewhere in this
Buyer,s Agreement, in the
event if there is delay in handing over possession
to theAù";(rioriì"in" deray
the occupation certificate, cômpletion o," non-r".",0i'fT
certificate and I or any other permission
competent authorities, then in such / sanctíon from the
an event no such delayed int",uri
compensation shail be payabre to theAilottee(s) ifu;;'oth".
"n;l
bythe Deveroper.
IO. FAILURETOTAKEPOSSESSION

(i) lt is agreed by the Allottee(s) that in

the event of the failure of the Allottee(s)
to take the possession of
the unit in the manner as aforesaid in clause 8, the Deveroper
shail have the option to cancer this
Buyer's Agreement and avaíl the remêdies
áè- stïputated n"oin ¡ninir*oir"u*unt,
defaults and consequences of this Buyer;s in the eu"Åfor
ngr"";unì àr ftre Deveroper mãy without prejudice
rights under any of the clauses of this to its
Buyerls Agreement and at its sole discretion
the delay by the Allottee(s) in taking decide to condone
over the possession of the unit in the
clause on the condition thattheAllottee(s) manner as stated in this
snait pay to the Dever;;;;" ;"toing
per sq ft' of the super area of the .t,urges @ Rs.30Å
unit per month for the entire period of
common Area Maintenance charsêi such delay. Applícabre
advance shall be paid by Allottee from
rçr rq. o. ;;;;;,r, rå;;;;;"
ror tn" charges per quarrer ín
Mínimum electric charges (fix chargesl
the date the nrntt""iri; ;öred ro take possession.
q"r xià *'tn 25% additionat administrative char.ges
"i""n
orhî;;il;;;
i

""* ;i::::i,*
over it shau arso be paid by rheÀroù.*
Ary etcwhich shau bà at 1
the rísk' responsibility ani cost of theApplicant,
Delay in payments' lt ís agreed by Allottee(s)
Delayåd payment interest as set
out in clause -3 _ ft
that *" ouí",op;; ;;s the righr to withhotd
ot handín-9,over fo'occupatio¡ and use ,l
l3ll-*"::"
overdue interests, are fully paid bytheAllottee(s).
sf the unit, tiil the time charges wìth
appricabre I
t
I
I
1

('i ) t
,iïi:",;,:lji:: ::1ï: as stipurated in crause (i) shail be a disrinct charse and +

::il:i,: :::tiiî:j",:i:':::::.: :'i'n11, ''n'',' k'"'""u'"-"*n"i"ä"."öi::if:å:i

a

;;; ;;ff ; # ;" ï ìil ï: il",ll;

: : il;ilï"ïLl;. ;,"ï::l:*iïT
thar in :l':
:li::.".l'-î: T of:,îhis/its
1' I : " :
::ii::ï:jf:nî(:l_"nreçs the event fairr* ," ,"r.ä;;JJ";;
For Bi-ncKBÉ[ ll have no right or any

i'r'!ì,.tRIS¡' t.r 5ltr,ur

 /t
claim in respect of any item of work in the said Unit which the Allottee(s) may allege not tci have been
carried out or completed or in respect cf any designspecifications, buildíng materials, use or any other
reason whatsoever and that the Allottqe(s) shall be deemed to have been fully satisfied in all matters
concerning construction woik related to the Unit in the Commercíal Complex.
.' ...'::
11. PARKINGSPACE . r ì' .

'
(a)
l:
The Allottee(s) agrees and understands that the Developer shall grant an exclusive right to gsg. ong
car park Spaoe allotted by the Developer in the Commercial Complex, at the cost as mentioneä in
' ', , Annexure'I, which is included in the Sale,Consideration,TheAllottee(siagrees and understandsthat
,the car park space assigned to the Allottee(s) is appurfenant to the Unit .and the same shall
not have
any independent legal entity, detached or independent, from the Unít

(b) lt is agreed between the parties that the Allottee(s) shall not have any title, ownership rights over the
said parking(s), and shall have only a right to use the parking for parking purpose only which shall
stand automaticallytransferred togetherwith anysale/transferof the unit. TheAllottee(s) undertakes
not to sell, transfer, and deal with such parking space independent of the Unit . ln case the Allottee(s)
has applied for and has been allotted an additional parking space, at such rate as may be determined
. by the Developer, then the same shall also
be subjectto the condition set out hereinabove. Howeve¡
such additional parking space can only be transferred to any other Allottee(s) in the Commercial
Complex onlywith the priorapprovalof the Developer.
' ',' ,.
(c) | ...,.
The,Allottee(s) undertakes to park his/ its vehicle(s) in the parkíng spqcê specifically allotted to hím/it
along with the Unit and nowhere else in the Commercial Compt"". if," rufoftee(s) frrtner agrees and
: understands that the Allottee(s) shall not be entitled'to use àny'othiir areas in the Commercial
Complex reserved for services, maintenance staff etc. for parking his/ its vehicles or for any other
usage.

(d)' ThêAllotteê(s) agrees and understands thatthe parkirìg spâces in the Commercial Complexshall not
form:part of common areas and facilities of the Unit forthe purpose of the declaration to be filed by the
Developer under Haryana Apartment Ownership Act, 1983 (hereinafter referred to as the "Act") as
amended from time to time. The Alfottee(s) agrees and confìrmò.,that the parking space shall
automatically be cancelled in the event of cancellation, termination, surrender, relinquíshment,
resumption, re-possession etc. of the Unit , under any of the provisions of this Buyer's Agreement or
otherwise.

i
12. TAXES
I!
ti

lr
(i) TheAllottee(s) agrees and undertakes to pay on demand all rates, taxgs, charges, and all other dues
u
$ç or'cess of all /,any kind whatsoêVêr'; escalation in price subject to force majeure, applicable service
tax; property tax or any other tax related to premises, unit, const¡uçtion etc if applicgble, whether
íi

levied or leviable, now or in future, on the Commercial Complex, or in relation to sale óf the Unit ,
including electrlcity charges; waterlcharges and any utility charges payqble to the requisite authorities
fromrthe date of booking of the Unit in'the Commercial Complex and the same shall be paid by the
Allottee in proportion to'the super area:of the said Unit . Any upgradatíon in specification and
amenities provided by.the''developer or due to any reason by virtue of statutory,;r'equírement or,1
goúernmenUstatutory body's' order/notification shall be payable extra by you ovef and rabqve the .

' basic sale price. Such an apportionment shall be made by the Developer and / or its:nominee and / or;
the nominated maintenance,agency, as the case may be, and the same shallbe conclwive,,fi¡aland
For Btbiûdiúre.ilppnlr?eôl!ßflefii:lir" - : .j i; .
.Ån,rlnl^úrlt :
.

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 ...

(ii) lf such charges / taxes / escalation in price subject to force majeure, are increased (inciucling r'ith
retrospective effect) after the conveyanceTbalé:'deed has been executed, then these chargesitaxes
shallbe treated as unpaid portion oitotulSale Consideration of the Unit in the Commercial Complex
and the Developer shall have lien on the Unit of the Allottee(s) for the recovery of such charges/taxes
with retrospective effect.

(íii) Further, the Allottee(s) shall be liable to pay property tax, fire fighting tax or any other fee or
cess, as
and when levied by a local bodyi authority. Till the time the Unit in the Commercial Complex
is not
separately assessed to such tax, fee.or cess, the same shall be paid by the Allottee(s) on pro-rata
basis, as determined by the Developer and / or its nominee and / or maintenance agency
and the
same shall be final and binding upon theAllottee(s) with retrospective effect.

(iv) Without prejudice to the generality of the above, in case any tax or levy is imposed by the government
or any local authority including without lirnitation in the form of VAT (i.e. value added
tax) or service tax
on amount payable in refation to sale of the Unit and on any charges payable by the Allottee(s)
to the
Developer and / or maintenance agency and / or its nominee or any other supplier of
utilities and
services in terms of this BuyertsAgreement, the same shallalso be payable bytheAllottee(s)from
the
date of its applicability and theAllottee(s) agrees and undertakes to keep the Developerfully
harmless
and indemnified ín respectof such liabílity

13. MAINTENANCE AFTER POSSESSION

(a) The Allottee(s) shall, after taking possession of the Unit , be solely responsible to majntain
the said
Unit at his / its own cost, in a good condition and shall not do or cause to be done anything
in or to the
said Unít in the CommercialCornplex, orthe staircases, lifts, common passages corridors,
circulation
areas, atrium or the compound, which may be in violation of any laws or rules of any authority
or
change or alter,¡r make additions to the unit. lt has been further agreed by the Allottee(s) to keep
the
Unit, its walls and partitions, sewers, drains, pipes and.appurtenances thereto or belonging
thereto in
good, tenable and proper condition and ensure that the support, shelter etc. of the
tower or pertaining
to the said Commercial Complex in which the Unit is located ii not in any way damaged or
jeopardized. ln case of any violation of this clause by the Allottee(s), he/it
shall indemnify the
Developer, its directors, agents, servants, employees and representatives for anylall such
loss/damage suffered by the Develcipeç due to such violation.

(b) TheAllottee(s) shall not change the color scheme of the outer walls, facade or painting of the exterior
side of the doors and windows etc or carry out any change in the exterior elevation or design. The
non-
observance of the provisions of this clause shall entitle the Developer or the maintenance agency
to
enter the Unit , if necessary and remove all non-conforming fittings and fixtures at the cost and
expense of the Allottee(s). The Allottee(s) shall be responsible for any loss or damages arising out
of
breach of any of the aforesaid conditions.

(c) That the Allottee(s)Iecognizes and assents to the fact that the Unit in the Commercial Complex
is
being serviced by the maintenance agency as appOinted by the Developer and that any external
agency would be detrimental to the interests of the Commercial Complex's maintenance and upkeep.
It is further agreed by the Allottee(s) of the Service Apartments that services, if any, shall be provided
to the owners/Allottee(s) of the Service Apartnients by the Developer / Maintenance Agency at an:

sincld*qilRhq¿Uq Þef.egç.ed, as perthe sole <-Jisc¡eticn of the Developer/MaintenanceAgency.

!r,@:
ror

(TUI'
íÞ.1 .* u&t
 14. ALLOTEESHALL HAVE NO CLAIM AGAINST PROMOTERAFTER TAKING POSSESSION

(¡) Upon possession of the Unit being given t-o'tñê'?LLOTEE, he shail have no claim against the
DEVELOPER as to any ítem of work, 'iluality of works, materials, installations etc, in the said Unit or
any other ground whatsoever and the claim, if any, shall be de.emed to have been waived. All such
.cornplaints; defect, if any, are,to be got removed by the AI.LOTEE from the DEVELOPER
before
taking possession,'lf after taking over the possession of Unit, any leakage/damage occurs then it will
be the absolute responsibility of the ALLOTEE himself to get done the repairs of his portion at his
own
cost.Thet}EVELoPERwíllnotberesponsíbleunderanycircurnstanceswhatsoeVer.
':
(ií) The DEVELOPER'shall in no way be held responsible, or liable for any damage, loss etc. to the said
Unit orTHE COMMERCIAL COMPLEX orany harm, injury etc. to the ALLOTEE/OCCUptER, visitor
or user thereof whatever may be the cause after possession of any of Unit handed over to the
ALLOTEE.

15. RULES AND BYE-LAWS

Notwithstanding anything to the contrary contained herein, Allottee(s) shall be subject to Rules and
Byelaws of Complex and'all amendments, made bythe Developer/ MaintenanceAgency from time to
time. lt is hereby clarified that the Allottee(s) ownership rights and right to use and occupl the,Unit '
shall be in accordance with,'and be subjectto and subordinate in all respects to the piovisions of the
rules and byelaws of complex and to such other rules and regulations as the Developermayfrom time
totimepromulgate. , : ..,.. .:. ...:
16. HARYANA APARTMENT OWNERSHTPACï 1983

(a) The Allottee(s) hereby confirms and assures the Developer that prior to entering this Buyer's
Agreement he/it has read and understood the Act and its implications thereof in relatíon to the various
provisions of thiS Buyer'sAgreement and theAllottee(s) is ín full agreement wíth the provisions of this
Buyer'sAgreement in relationto theAct and shallatalltimes comply, as and when applicableand from
time to time, with the provisions of theAct orany other laws dealing withlhe matter.

(b) The common areas and facilities and the undívided ínterest of theAllottee(s) in the common areas and
facilities as specified by the,Developer in the declaration which may be filed by.the Developer in
compliance with the Act, shall be cønclusive and binding upon the Allottee(s) and the Allottee(s)
agrees and confirms that his/ its right, title and interest in ttre Unit in the Commercial Complex shall be
limitedto and governed bywhat is specified bythe Developerin the declaration, which shall be in strict
consonance with this Buyer'sAgreement.
,
.

17. RESIDUARY RIGHTS OF THE COMPANY I. ' .

i ,
(¡) ., ..,
That even afterAllotment/ assignment of the Developer's right ín favour of its nominee inóluding Body
cr'Association of the Allotteeis¡, tfre Developer wili cont¡nue to have as before, the right to"maf<å
additiond, raise storeys or put up additional structures in the Building comprising the complex, as may
be perrnitted by the competent aüthorities and such additional structures and storeys shall be,the sole
' property of the'þsvs¡eper which the Developer will be'entitled to dispose off in any way it chooses,
without any interference on the part of the Allottee(s) individuatly or with one or more of the rest of the
' Allottee(s) and theAllottee(s) hereby consents to the same. The Developer at its cost, shall be entitled

@\-q3i
 the existing electric, watel sanitary rand:drainage sources. Further, all the terraces of the Bi-riqiing
including the parapet walls of the terraces anä þä-rt<ing areas in the basement have not been included
in the super area allottecJ to the Alloftee(s) and shall always be the property of the Developer and all
theAllottee(s) in the said Building.shall .be subject to the aforesaid rights of the Developer.-t-he
Developer shall be ¿:ntitled to use the saíd terraces including the parape{.wafls for all purposes
including the display of advertisements and signboards or operation of Open Air Restaurants or any
otheruseandthe Develcper'"villal'"vays have rightof easementtothe roof, parapet'walls,'etc.

(ii) That it is clearly understood and.agreed by and between the parties hereto that the,Developer shall
have the unqualified and unfettered-right to assign or lease the space in the atrium to anyone of its
choice or use the space in the atrium as deemed fit and theAllottee(s) shall not be enti¡ed to raíse any
objection or clairn any compensation on that account.

(iii) The Developer alone shall have the right & be entitled to get the refund of various securities deposited
bythe Developerduring orafterthe constructionof the building with various GovernmentAuthorities.

(iv) Except for the floor area allotted, all the.r:esiduary rights in the said plot of land and the buildíng shall
vest with the Developer.

(v) Notwithstanding the fact that a portion of the common areas has been included for the purpose of
calculating the area of the premise comprised in a unit, it is specifically made clear that it is only the
inner space in the unit/ premises that has been agreed to be allotted and the inclusion of the common ,y

areas in the computation does not give any interest or: r:ight therein as such to the Allottee(s), except as
,1
.,

provided hereunder. lt is however, agreed that if the maintenance and upkeep charges j
are paid
regulaily by the Allottee(s), the Allottee(s) will have a right to use the common facilities as agreed 'I
I
'i
hereín ln default of such payment, it shall not be open to the Allottee(s) to claim any right of use of ,l
ri

common facilities, and no such right has ireen agreed to be Allotted to the Allottee(s) (uniess as
i;:
agreed hereín)' Further, if theAllottee(s) commíts any breach of any of the covenants herein, no right I
l
'.!

of use of common facilities shall be,permitted until the breach is recJified and the Der¡eloper or any i

other body or association in-charge / appoínted for the purpose are aòsured that there will be no future i
i
repetition of such breach.

(vi) Roof Right: Right over the area 9f open roof will be considered as the roof right. Roof right will not be
included in the common area / super: area and will remain with the Developer under the residuary right
and which can be used bythe Developeras perhis discretion.

(vii) Basement Right: Right over the basement will be considered as the basement
right, it will not be
included in the common area lsuper area, it will remain with the Developer under the residuary right
which can be used bythe Developeras perhis discretion.

l8.l.oAN/F¡NANcE:,:
. ^,:

The Devetoper shall have the right and authority to'raise finance, lo:an from any financial institution
/
bank by way bf'rnortgage / charge / securitization of receivables or in ahy other mode or manner
by
charge / mortgage of the Unit / tower / building / Commercial Complex, subject to the condition
that the
Unit shall be free'and clear of all encumbrances. lien and charges at the time of execution of
conveyance /,sale':deed.'subject'to the undertaking above, such finaílcial institution / bank
shail
always have the ärsi charge on the said unitforalltheirdues.

FOr I]LAIJ¡.TENRY REALÛON P\J T.,11û

fl ^ -ll^ ll lL-P t" ,.-:-'ì \
 . {^

19. LEASE OF OPEN SPACE ON THE ROOFTOP :

.l
The Developer reserves the rignt to giç
.

;;ense or hire any part of the roof óp/ terraces

".
,
';;;;
above the top floor, including terraces formÍng a part of Unit of the Commercial Çomplex for
installation and operation of antenna, satellite dishes, communication towers; or othei microwave
equipment / v-sat link equipment / tower / other communicatíon equipment or to use; h[ie, ìease the
same for advertisement purposes and theAllottee(s)agrees that he/ it shall not object to the same and
makeanyclaimsonthisaccount. '.''
'.,'' :

20. SALE DEED

The sale deed / conveyance deed shall be executed and got registered in favor of the Allottee(s) within
months from the date of receipt of occupation certificate , full Sale Consideration, including
but not limited to PLC, additional EDC, additional lDC, if any, delayed payment charges, interest and
other charges as reserved herein in this Buyer's Agreement along with the compliances of all other
terms and condition of this Buyer's Agreement by the Allottee(s). The cost of stamp duty, registration
charges,.and other incidental charges and expenses will be borne by theAllottee(s) in addition to the
full Sale Consideration of the Unit, as and when demanded by the Developer. The Allottee(s) shall
also bear all duties, taxes and charges that may be levied by the government on this Buyer's
Agreement. The Allottee(s) may, with the pr:ior approval of the Develope¡ raise and or avail loan from
banks for this purpose only. For sake of clarity, the Developer herein specifies and the Allottee(s)
hereto agrees that the stamp duty shall be payable on the total Sale Consideration, car parking
charges and any amount of enhancements towards EDC and lDC, which takes place subsequent to
the execution hereof. The Allottee(s) agrees that the provisíons of this Buyer's Agreement are and
shall continue to be subject of and subordinate to the lien or any mortgage heretofore or hereafter
made / created by the Developer and any payments or expenses atreaOy Àaoe or incurred, or which
, hereafter may be made or incurred pursuant to the terms thereof or incídental thereto, or to protect the
security thereof, to the fullest extent. Such mortgage(s) or encumbrances shall not constitute an
objection to the title of the said Unit or excuse the Allottee(s) from completing the payment of the total
Sale Consideration of the said Unit or performing all the Allottee(s) other.obligations hereunder or be
the basis of any claim or liability against of the Developer. lf Allottee'fails to get the sale deed
registered the Developershall have rightto execute the sale deed unilaterally andithe Developershall
,have right to retain the original sale deed and recover the expenses incurred (which shall be
consídered as unpaid part of sale consideration) including but not limited towards the stamp duly,
,r€gistration,,legal and administrative expenses. The Developer shall also have the right to lease out
the premises to recover its dues. TheAllottee subrogates all his/her/its rights in favor of the Developer
forthe same.
:',
l

21. REPRESENTATIONS AND WARRANTIES OF THE DEVELOPER

(a) The Developer represents,that it is entitled to.enter ínto this,Buyer's,Agreement and tq transfe¡,the
right, title and interest and orialienate any portion of the Commercial Complex constructéd or to be
constructed upon by way'.gf sale, lease, conveyance, mortgage, and / or handing.gver possession
including, but not limited to, executing:all documents such as allotment letters, sale deed/conveyance
deed etc infavourof the intending purchasersi Allottee(s).

(b) The Developer repreSentsand theAllottee(s)specifically agrees and acknowledges:thätthe building

'.
complex have been approved by DTCP vicle memo no.

J\ndfrU]P
F'rBlf¿?,,tÌÅ?i.ffi¡S$æf 1f;þswmercial
:,,:æ^ùGt<=
 zP-892lAD (RA) I 20131 471!+dated
3Q-a7.2013. The Developer represents and tt-re Ailottee(s)
specifîcally agrees and acknowledg-es that the
þêrformance by the Developer of its obligation uríder
fhis Buyer's Agreement is continie¡t' upon:such approval being subsequen¡y, maintained
and
remaining valid and any subsequent amendments, additions, alterations
and modifications in the
building plans, as may be made byorat instance of the relevant authorities and /orthe
Developer ancl
approved bythe DTCP/ DTp, Haryana, from tirne to time.
.i. .t

(c)
1

The Developer represents and clarifies to the Allottee(s) that the building plans
and the floor planà
' have been prepared on the basis of the guidelines issued by the DTCp l-.laryana
/ urban Development
Authority (HUDA)'ahd while preparing the building plans and the ttoor
þtans, all the essential
' requirernents as per the applicable law have been complied with. f-{owevèr,
in case the DTCp or
HUDA or' the relevant state government authorities direct to make any
additions or alterations, the
Developershall carry outthe same in accordance with law.

22. REPRESENTATIONSAND WARRANTIES OF THEALLOTTEE

TheAllottee(s) covenants,, represents, agrees, declares and

undertakes to the Developerthat:
(a) TheAllottee(s) has read and under:stood theAct and íts implications thereof
in r:elation to the various
.. provisionsof.thisBuyer'sAgreementandfurtherconfirmsthattheAliottee(s)isandshallremaininfull
consensus with the.provisions of this Buyer's Agreement in relation to the
Act and shall at all times
comply-with,the'provisions of the;Act or any statutory amendments;,or,modifications
theieof or the
provisions of anyotherlaw(s)dealing with the matter.
:

(b) TheAllottee(s) has understood thatthe Developer may nominate any agency/maintenance
/BOl as a
property managerto maintain the common facilities / common area
in accordance with theActand the
rules framed there-underJ as and when the same are made applicable
to the Unit in the Commercial
Cornplex'or under the provision of any other law thát mäü ne apptiõabte
,o inl ,*
tne sa¡o
Commercial Complex. ',
(c) TheAllottee(s) confirms that he/it haE,rçad, understood and agrees to deflnition
of the super area as
stated in Annexure lll hereof and the Allottee(s) assures the Developer
that the Allottee(s) shall not
raise any dispute or make any'claim in this regard at a later date. Further
Allottee confirm, assure
undertake that he is well aware ttìgt-any.structural column inside the premises (if
any) shall be
considered as part of his/her premises and counted in the covered/carpet
area of thà or.í'rur. tn"
Allottee shall not raise any objection orclaim deduction of area of column.

(d) The Allottee(s) shall become a mernber of any association / society

of Aflottee(s) as may be formed by
the Developeron behalf ofAllottee(s) of the Units in the Commercial
for the time being in force and shall pay any fees, membership ot
Comptex'as stipulåteo ,n0",. t.*
subscript¡";
complete such documentation and formalities as may be deemed
n".""ruf "h";;, "rirnl'i
;; itdrr;'*;;;;;;;;
purpose. ' i '
.il

(e) The Allottee(s) understands that perforinance by the Developer

of its obligations under this Buyer,s
Agreementissubjecttoanyadditions,alterätio}1sor,môdifications,subsequentamendmentsthåreoT
etc', in the plans as made by the Developer ahd approved by the DTCp
and any othei competent
authorities. ,. , ,. : : :

ttll:|."_"(t) has full kloyledge of theappiicable laws, notífications, statutes, rutes and regutätions
9 I tl"
-- --"- -''r'|vi YrF'rve!

''r l-it*,-uü¡tr rv i. r-ld.

Fcrr BLACKBEHiìY l-it*,-vü¡rr

h^*llnna$'^
r-trÄ
'
 7
(l) lf the Allottee(s) iS non-resident lndian, or;a foreign national of
lndian origin,'tfren ii shall be hisi its
responsibility to,fully comply with all'tha,provisions of Foreign
Exchangl management Act, 1099
("FEMA"), Reserve Bank of [ndia
Sct, 1934 ("RBl Act"), ,rt"" anct/ Jr guioeliñe,
-remittan.u*ro" I is5uecj
there-undel all other. applicable laws "ny
including those relating to
9no ot 0"y,,,,..,"nt,
acquisition / sale/ transfer of irnmovable pr,operties in lndia. The
Af lotteulr¡ .nutt be solely r.esponsible
foranyfailureto cornplywith tneappticabte FEMAprovisions, RBtil;; i;;;;;;"¡"];r|]uil,
made there-under. rneAilottee(s)snatt indemniry åro o"ãpãro
;á ¿"ìi;å;;¿Ë¡;ä;ãüä"","rr,
employees / associates. aoents etc. full¡i indemnified and harmless j"i"*.,
againsf"i, i;¡r¿r,
impositions or lÍabilit¡"t, inJrroing Jr, nåi";;;;;;;;r statutory riabirity, craim, action, charge, costs.
expenses, etc due to such failur"e. ln the event of the change
of the residential status cf theAllottee(s)
subsequent to the execution of thls Buyer's Agreement, they shall
immediately intiniate the same to
the Developerand complywith necessaryformalities, if any,
underthe applicable laws.
(m) rhe Allottee(s) agrees that the Developer shall not be responsible towards
any third party making
payment / remittance on behalf of the Allottee(s) and such
third party shall not have any i.íght in the
application / allotment of the unit applied for herein, in any
way. The Developer shall be issuíng the
payment receipts in respect of payments received
under this Buyer's Agreement in favor.of the
Allottee(s) onty.

(n) The Allottee(s) agrees to abide by and comply with the

bye-laws or building rules or such rules and

ì
notifications issued from timê to time by ihe Developer or the
interests of the upkeep, cleanliness, security, etiquettes
designateo mã¡nter,r#;;;;;;ï;
and maintenance of the ð"r-rår.,.,
Complex and the Unit' Any non-compliance wÍth such bye
laws, rules and notifications would be
deemed to be an event of default underthis Buyer,sAgr.eement.

(o) This Buyer's Agreement shall constitute a legal and binding

obligation upon the Allottee(s),
enforceable agaínst him/it in accordance with its terms.

(p) The execution of this BuyerËAgreement and the performance

of theAllottee,s obligations fl-rereunder
do not violate any governmental rule, permit, consent or any provision
of the j"*r'
a *i|"f,' ;;
Allottee(s) is subject to

(q) There is no action against theAllottee(s) outstanding, pending,

or, to the knowledge of theAllottee(s),
threatened or anticipated seeking to delay, limit, prevent,
hinder or enjoin tn"i"rrorrrrr"
obligations under this Buyer's Agreêment. "i'i,
(r) The Allottee(s) isiare neither insolvent nor bankrupt,
and is not the subject matter of any proceeding
foríts liquidation, winding up ordissorution, as appricabre.

(s) Allinformation provided bytheAllottee(s)rwhetherstated herein

the Devqloper:, is true,
orin anyotherdoeumentprovided
and accuratg to the best of his/its knowledge in all
- ' to -
lomolete respeet
(t) All necessar)!,3pd applicable statutot uoo,.ouâls and permission" i*rnl
respect to the business
proposed to be car$ed out by theAllottee(s) ín
the Unit have been validly obtained.

(u) The Allottee further a'ssures that if the buyer does not take possessign
of the unit on scheduled date
for any reason, the Allottee shall. be liable to pay holding
charges'@ ào¡- pn, ,o ;"fiiffi;äil
delaved pgriird,and after taking,possession, buyer *iu ;"
Ë;i";ï;u *il""i,ã ¡är*;;;r",
yT"lîf:-^lharses rererred as cAM anc otner t"*"rr.iuis;J
possesston date.
;;, i*;ï;;;;;r' ;c vyer

í:or ÐL;ICI(3ÊRRY REI\LC0l.l PVi. LrDll

, i\
t n rjrt/"
"'
.{\nwuvlry= '
 f
applicable to the Unit, Land and Commercíal Complex. Ihe Allottee(s) has carried
out physical
inspection of the Plot and the sanctioned lay out plans, licenses, ownership records,
etc. of the said
Plot and other documents relating to the r¡dfits ä"no competency of the Oevetoper to'á"u"rop,g,"
ProjecU Commercial Complex and haé further agreed that the Plot shall be subject
to he;provisions of
the Act or any statutory enactn¡e¡ts or modifications thereof. The Allottee(s)fr¡rther apknowledges
that the Developér has readily.,provided all information/ clarification required by him/it tÀi,
"n
The Allottee(s) further agrees he/it shall '.uf'ãrO.
lhat not demand or raíse, any objections in this regard at any
time vvhatsoever hereinafter..The Allottee(s) has also perused and is fully satisfied with the
maintenance services, if any, to be provided to them which are mentioned in the Maintenance
Agreement.

(g) TheAllottee(s) is aware of the terms and conditions contained in this Buyer'sAgreement and
that hei it
has clearly read and understood his/ its rights, duties, responsibilities, obligations under each
and all
the clauses of,this BuyeÍs Agreement and undertake tq abide by and adhere to the same at
all times.
The Developer reserves right to change any of the terms and conditions. TheAllottee agrees to abide
by the same failing which Allottee shall be liable to indemnify the developer.

(h) The Allottee(s) confirms that he/ it has not relied upon and is not influenced by any architects plans,
sales plans, sale brochures, advertisements, representations, warranties, statements or estimates
of
any nature whatsoever, whether written or oral, made by the Developer, its selling agents/brokers or
othen¡vise including, but not limited to, any reprêsentations retatíng to description or physical condition
of the Unit or the size or dimensions of the Unit or a.ny other physical characteristics thereof, the
sen¡ices, if any, to be provided to the Allottee(s), the estimated facilities/amenities to be made
available to theAllottee(s), or any other data except as specifically represented and referred to in this
Buyer'sAgreement.

Ïhe Allottee(s) is/are entering into this Buye/s Agreement for the allotment of the Unit wíth the fuil
knowledge of all applicable laws, rules; regulations and notifications applicable to the Unit and the
Commercial Complex and hereby undertakes to comply with and carry out, from time to time after
he/it has taken over for occupation and use the said Unit, all the requirements, ¡equisitions and
demands which are required to be complied with by any development authoríty/ municipalauthority/
governmentoranyothercompetentauthorityin respectof the said Unitand the CommercialComplex
and / or the PIot on which the Commercial Complex is situated at his/ its own cost, The Allottee(s)
shall at all times indemnify and kêep and hold the Developer and its directors / employees /
associates, agents etc. indemnlfied, secured and harmfess against all costs, consequence,
damages, arising on account of non-compliance with the said requirements, requisitions and
demands. ':i :'

TheAllottee(s)confirms and undertakes that in no event he/it shall put on display or put any placar:d of
any merchandise in the common corridors, central courtyárd and/orany commänty used areas of the
Complex except at a specified area, if a¡y, demqqqated for the said purpose by the
lommercíal
Developer or the Maintenance Agency with the due and príor permissión of the Developer /
MaintenanceAgency.

(k) The Allottee(s) häving the Uhit onrthe ground and first floor of the Commercial;Complex undeitakes
and confirms that he/ít shall not use and shall not permit any of his/its transferees to utilize the Unit for
any activity which require.Eexhaust f-or smoke and/or cooking, without obtaining p1i9¡written approval
from the Developer. :' .'"

'
For BLÄCr(EËiliìl HEALCulrl pVT},i-ir,r.
,.r
 23. RTGHTSAND OBL|GAT|ONS OF THEALLOTTEE(S)

(a) FireSafety ''''"'

1i
The Developer shall provide fire safety measures in the Commercial Complex as per the existing fire
safety norms. lf; howeveç due to any subsequent central or local legislation(sì / government
regulations / order and or directives or any change in the existing guidelines it becomÞs obligatory on
the'Developer to undertake additional fir:e safety measures, the Allottee(s) agr:ees that he/ii shall be
liabletopayproportionatechargesinrespectthereof.

(b) ExpressRights / .))

, \-,
I Save arid except in respect of the Unit to be allotted, tl'reAllottee(s) shall have no claim, right,,tifle cir
interest of any nature whatsoever except the right of ingress / egress over or in respect of the Land,
Gommercial Complex, open spaces and all or any of the common areas and the common basement
ärea of the Commercial Complex, the possession whereof shall always remain with the Developer /
maintenance agency who will maintain and upkeep the same the provisions and the rules framed
thereundershallsupersede and govern the rights and obligations of the Parties.

(c) GommonAreaPossession

Thè possession of the common area shall remain with the Developer who shall through the
malntenanceagencyappointedbyit, supervisethemaintenanceof and upkeepof thesame.

(d) Electricity, Waterand Sewerage Charges

(i) The Allottee(s) shall be liable to pay to the Developer any charges /deposits required to be deposited
/incurred towards installation of meterand /ordístribution box.

(¡¡) The electricity, water and sewerage charges shafl be borne and paid by the Allottee(s). This will be
overand above the sale consideration.
.l
(iii) The Allottee(s) shall plan and distribute its electrical load in conformity with the electrical systems
installed by the Developer.

(¡v) The Ælottee(s) undertakes to pay additionally to the Developer on demand the actual cost of the
: electricity, waterand sewerconsunTþtioncharges and I or any ottìer charge whích may be payable in
respect of the said Unit.
(v) TheAllottee(s) undertakes that ít shall not apply to DakshÍn Haryana BijlíVitran Nigam ("DHBVN") or
any other electricity supply Developer in his / its individual capacity for receiving any additional toad of
electiicity other than that being provided by the Developer / maintenance agency. The Ailottee(s)
further agrees and confirms that in case of any demand of deposit or similar other charyes for the bulk
electricity supply by DHVPN, the same shall be borne by theAllottee(s) in proportion to the load of the
.said Unit. The Allottee(s) shall also pay,the meter hire chgrges as. specified by the Developer at.the
timeofpossession. .. : . :: :

(e) EntryRegulations
ñ ' tt'
l

the interest of theAllottee(s) to help Developer/ maintenance agency in effectively keeping the
It is in
Unit in the Commercial Complex secured in all ways. For the prrpor" oi securíty, thå Oeveloþer I

23

I l, ¡ ,:, \rr.:{-L'ìt
.-..^..uL:

---|
!i&1i"47,1-{jtif f,ìYì#,à.';ti

maintenance agency wottld be free to restrict.and regulate the

entry of visitors into the commerciai.
no objection to the same. ,
complex and theAllottee agrees and undertakäs'Înat he/itshalf raise
i
(f) lnteriorMaintenance and lnsurance
i

.:

TheAllottee(s)shall, with priorwritten appr:oval and consent from the

Develope¡ carry out all the work
to be done in relation to the interiors and refurbish the unit at its
own cost and expense ano sna¡ aLc
have the ríght to change flooring, wallfinísh, install partitions,
air-conditioningunít(s), other electrical
or electronic appliances so long as the sarne does not affect
the structure of the commercial Complex
/building / or cause any damage to the structure of the unít and
Commercial complex in any way. The
Allottee(s) agrees and understands that the insurance and the
interiors of the unit shall be his/ its
responsibility and the Developer shall not in any case be held
liable for any loss or damage arising out
of or on account of any negle'ot or omission of the Allottee(s), his/its
agents, contractors or any one
claiming underhim/ it.

(g) Signage

The Allottee(s) agrees and undertakes that he/it shall not display
any names address, signboard,
advertisement material, billboards, hoardÍng, oradvertisements etc
on the externalfacade of the Unit,
tower and/or the commercial cornplex..The Allottee(s) would
be permitted to place his/its name only
at the designated place specified by the Developer in thís regard
and theAllottêe(s) further confirms
and understands that the decision of the Developer in this regard
shall he finat and binding upon the
Allottee(s) and/or his/its nominees. The Allottee(s) shall not be permitted
to change tne uirit'front ¡n
any mannerwhatsoever.

(h) Alterations in the Unit

(i) TheAllottee(s) shall not make any such additions or alterations in the
Unít so as to cause blockage or
obstruction in the common areas;and facilities within the commercial
complex and / or to cause any
structural damage or encroachment to the structure of the building(s)
/ tower in the commercial
Complex.

(ii) TheAllottee(s) shall not demo-lish any.str:ucture of the Unit or any portion
of the same or cause to make
any new constructíon in the Unit without the prior approval and consent
of the Developer. The
Allottee(s) further. undertakes,that,ihelit,shall not divide/sub_divide the
Unit ín any manner. The
Allottee(s) shall not change the color and structure of the external facade
of the Unit in any way
whatsoever.

(¡) RegistrationofAddress

ln case of joint allotment, all communication, demand notices etc.

shall be sent by the Developer to
the Allottee(s) whose name appears first and at the address given by
hím/ it, which shall for all
purposes, be considered as served on alltheAllottee(s) and no
se-parate;"r;r;;";,,"" ,n"i o" i*,
to the other named jointAllottee(s). Any consent and / or discharge
by the fiist named Allottee(s) shall
be deemed to be a valid discharge / consent on behalf of all other joint
Allottee(s) to the Developer in
relation to such unit. Further, lt shail be the responsibility of theAllottee(s)
to inform the Developer by
registered post, acknowledgement due, about alt subseiuent changes
in his/its address, if any, faíling
which all demands, notices and letters posted at the address as filled
in the Application of the
Allottee(s) shall be deemed to be the address forany correspondence.

For BLACKBËRHY RËALCON PVT. t

r rÞr/A¡^frôr
H {'/

ü) Fermitted Use & No Nuisance and Annoyance

: The Allottee(s) shall use the Unit for commeiciãiþutposes in accordance with the Act and shall not
store any goods of hazardous or combustible nature or which can cause damage to the structure and
/or assets of the other occupants or equiprnents in the Project / Commercial Complex or use the Unit
for any activity other than for commercial purpose and not put to use the Unit for any immoral, illegal or
hazardous activity which would in any manner jeo pardize the Developer's goodwill or reputation and
indemnify and keep and hold the Developer indeninified from all losses, damages and such other
costs and expenses which may arise out of such non-compliance by the Allottee(s). The Allottee(s)'
occupancy and use of the Unit shall be in such a manner so as not to cause any nuisance, annoyance
or disturbance to the other occupants of the Project / Commercial Complex.

24. BULKSUPPLYOFELECTRICITY

(i) The Allottee(s) herein undertakes to abide by all the conditions of the sanction of the bulk supply of
electricity and undertake to pay proportionate share of all deposits or charges paid or payable by the
Developer and / or, maintenance agency, to whom the permíssion to receive and distribute bulk supply
of electricity is,granted, in accordance with the due dates of the same as communicated to the
Allottee(s) by. the Dêveloper/ maintenance agency. Subject to the foregoing, Allottee(s) may be
required by the Developei and / or'maintenance agency to execute appropriate documents for such
pui"poses, as may be deemed necessary by the Developer and / or any concerned authority and the
Allottee(s)herebyundertakestòexecuteallsuchdocuments

(¡¡) PowerBackup
The Developer/rnaintenance agency shall install adequate equipment for-power backup.facility in
common area and the other units/area at no additional installation cost to the Allottee(s). The said
power back up facility shall be usage based and theAllottee(s)shall regularly pay his/its proportionate
share of costs, charges, expenses etc. incurred by the maintenance agency in providing the same. lt
is accepted by theAllottee(s)that the availability of the said power back-up shall be on terms as may
be specified by the Developer and / or maintenance agency. The Allottee(s) accepts that he/it shall not
claim any damage / loss, whether direct or consequential, from the D-eveloper / maintenance agency
or body providing the same in the event of default on the part of the máintenarìðê agency / association
of owners / such body províding the same and / or low voltage, low frequency, inconsistent or non
availability of the same, for reasonsþeyond the control of the Developer / maintenance agency / any
other body providing the same:

ZS. The Allottee(s) shall from time to time sign ali applications, papers, documents, Maintenance
Agreement and all other relevant papers, as required in pursuance to this Buyer's Agreement and to
do all the acts, deeds and things as the Developer may require for safeguarding the inteiests of the
Developerand otherAllottee(s) in the Commercial Complex.
:

26. TIMEISTHEESSENGE
r . lt is,specífically and'categor,ically rinderstood and agreed by the Allottee(s) that time is the essence
.with respect to the Allottee(s) obligations to perform or observe all the other obligations of the
Allottee(s) under this Buyer's Agreement and / or to pay the entire Sale Consideration along with other
, payments such as applicable stamp duty, registratíon fee and other charges stipulated under this
: Buyer'sAgreement to be paid on or before due date or as and when demanded by the Developer, as
the case may be.

For BLACr(BËilRy REALCON pvr. LtD,

G}^*x'-
-Ãìiottee(s)
 27. EVENTS oF DEFAULTSAND CONSEQUFN9SS

27.1 ltisspecificalty made clear.to.the,Allottee{s)and theAffottee(s) hereby

agrees, ackno,ruieCges and
undertakes that theAllottee(s)'shall perform, comply, abide with and
adhere to all covenants and
obligations required to be per-formed or complied with under this Buyer's
Agreement. Any default,
breach, or non-compliance of any,.qf,the terms and conditions of ;,å ;;u"r,,
Agreement shall be
deemed to ire an event of default which shall be liable for conseqúencás
stipiat"o i"r-'". tn" t
following are the events of default, which shali ínclude but not be limited to
the following: -

(a) Failure to perform and observe any or all of the Allottee's. obligations
as set forth in this Buyer,s
Agreement or any other related document or agreement or to perform
any other occupancy
obligation, if any, setforth in this Buyer'sAgreement or any other related
agreement.

(b) Failure to make the payment as per payment plan.

(c) Failure to take over the Unit for occupation and use within the time
stipulated by the Developer in the
Notice ôf Possession.

(d) Failure to execute the conveyance / sale deed within the time stipulated
by the Developer or the
relevant authorities.

(e) Failure to execute Maintenance Agreement and / or to pay on or before

its due date the maintenance
charges, maintenance security or any increases in respect thereof, as demanded
by the Developer
and /or its nominee and / orotherbodyfrom time to time.

(f) Pursuant to a request by the Developer, failure to become a member

of the association of Allottee(s)
or to pay subscription charges etc. as may be required by the Developer
or such association of
Allottee(s), as the case may be.

(g) Assignment of this Buyer's Agreement or any interest of the Allottee(s) in

this Buyer's Agreement,
without prior written consent of the Developer or without payment of.lransfer
charges or not executing
prescribed documents as asked by the Developer for any such
tränsfer, as may be fixed by the
Developer from iime to time. Such assignment / transfèr shall be treated
as null and void in Developer
record.

(h) Dishonor / stoppage of payment of any cheque(s) including post dated cheques given
by Allottee(s)
for any reason whatsoever.

(i) Sale /transfer/ disposal/ dealing with, in any manner, with the reserved parking
space independent of
the Unit.

Any otheracts, deeds orthingswhich theAliottee(s)may commit, omit orfailto perform

in terms of this
Buyer's Agreement, any other undertaking, deed etc. as demanded by
the Developer which, in the
opinion the Devéloper, arnounts to an event of default and such opinion of the
3f Developer s'n", ;"
final and binding on theAilottee(s).

(k) Any bi:each of anyof theAllottee(s) obligations and duties underthe MaintenanceAgreementand
any
building rules'as may be prescribed by the association / the Developer / maintJnance
agency in
respect of the use and occupation of the Unit.

o"'*^'*uffitäffi*''
fJarroiri.,o.
,6)*
 (l) lf the Allottee becomes insolvent or bankrupt or if the Allottee(s) becomes subject nratter of any
proceeding for its liquidation, winding up ordissotution;
. t

(m) Breach of anyof the representations and warranties of theAllottee(s) underthis Buyer'sAgreement.
':::
27.2 Upontheoccurrenceof anyof evenì1s¡of defaultonthepartof theAllottee(s)in:respectof covenants
and obligations under this Buyeris Agreement or Maintenance Agreement, oi any violátion of bye-
laws/house/buildingrulesasmaybeprescribedtheDevelopermay: : ..,. - .-.., :,., _l
:.
(a) the possession has not been handed overto theAllottee(s) due to the defautt qnvisaged under
l:."t:"
thisclause: :

(f ) The Developer may give notice to theAf lottee(s)for rectifying the default within [fifteen (1S)] days from
the receipt of notice, ("Default Notice"). Unless and until the Allottee(s) rectífies the event of default
within this time, the Developershall not be obtiged to execute a sale deed and theAllottee(s) shall be
liable to pay charges as provided herein. The Allottee(s) specifically agrees and covenants that if the
default is not cured / rectified withín such ffifteen (15)l days, this Buyer's Agreement shall be
automatically cancelled without any further notice or acts and the Developer shall have the right to
forfeit the entire Earnest Money as specífied in this Buyer's Agreement along with the processing fee;
. interest on delayed payments, any interest paid, due or payable, any other amount of a non-
refundablenatureasperclause27.3(iii).'

(i¡) The Allottee(s) agrees that upon cancellation of this Buyer's Agreement, the Developer shall be
released and discharged of all liabilities and obligations under this Buyer's Agreement and the
i Developershall have the rightto resellthe Unit and the.car parking space to any third party or deal with
the same in any other manner as the Developer may in its sole and absolute discretion deem fit, as if
this Buyer'sAgreement had never been executed and without accounting to theAllottee(s)for any of
the proceeds of such sale. lt is clarified that after cancellation of this Buyer's Agreement, the
Allottee(s)shall be leftwíth no right, title,-interestorlien overthe Unitand the parking space in any
mannerwhatsoever.

'(i¡¡) ln the event of the Developer electing to cancel this Buyer's Rgruer"r,t, the Developer will refund the
amount received from the Allottee(s) after deducting the Earnest Money, along with processing fee
and ínterest paid due or payable, a[y other amount of non-refundable nature íncluding brokerage
paid by the Developer to broker, but onfy after realising such refundable amount on further saie /
resale of the Unit to any other: parÇ. The Allottee(s) agrees that in such an event of canceliation, all
refund shall be made only after realisation of such refundable amount on further sale / resale to sale of
the Unit to any other party. lt is clarified that after refund of amount, theAllottee(s) shall be left with no
right, title, interest or lien over the said Unit and the parking space in any manner whatsoever. lf the
dues payable to the Developer exceeds the aggregate:amount paíd by the Allóttee(s), the Developer.
shall take appropriate. steps to recover such dues as it may deem fit in its sole discretion at the cost of
Allottee(s)
'É'
:

'; "
(b) ln case the possession of the Unit has been handed over to the Allottee(E)., thg,Developer,may
" send,
Default Notice to the Allottee(s) to cure / rectify the default within a period gf fifteen (15) days. ln case
the default as stpled in the Default Notice is not cured / rectified by the Allo,ttee(s), tlreAllottee(s) shall
be required topay.penalty @ Rs, 100/- (Rupees One Hundred Onty) þersquare ft per month, as
decided by the Developer, of the super area of the Unit per day to the D-eveloper till the time such

Develooer 27
 :

default is not cured / r,ectified..:Fhe Dweloper shall also be entitled to disconnect the elect¡-icity / water
connection, as also other amenities; of the deTáÏiltíng Allottee(s) in case the default is not cured,by the
Allottee(s) within ffifteen (15)l dayd. The Allottee(s) also agrees and understands that the Devetoper
shall have first charge / lien on the said Unit irì respect of any such non-payment of penalty / damages
as stated above.

27 .3 The exercise'of above remediesiswithor.rtpiejudice to the other rights of the Developer as stated here
--
undeï
(i) The Allottee(s) agrees that the Developer shall have the right to make additíons to or put up additional
st¡:uctures,ín / upon the said Commercial Gomplex /
tower/ building or anywhere up,:n the said Land
as may be permitted by the competent authorities. Such additionai structures shall be the sole
property of the Developer, whieh the Developer shall be entitled to díspose off in any way ít chooses
without any interference by the Allottee(s).

(ii) The Allottee(s) agrees that the Developer, at its own cost, shall be entitled to connect the electric,
water, sanitary and drainage fittings on the additional structures/ stories with the existíng electric,
water, sanitary and drainage fittings. TheAllottee(s)further agrees and undertakes that he/ it shall not
objectto the Developer constructing orcontinuing with the constiuction of the other building(s)/ blocks
insíde and / or outside / adjacent to the Commercial Complex or claim any compensation or withhold
the payment of maintenance and other charges as and when demanded by the Developer on the
ground that the infrastructure required for the said Commercial Comple¡ is not yet complete. Any
violation of this condition in terms of breach, non-payment, defaufts etc shall entitle the Developer to
seek'remedles provided under this Buyer's Agreement, including the cancellation of this Buyer's
Agreement.

(iii) The Allottee(s) agrees that upon such termination of this Buyer's Agreement, the Deveioper shall be
released and discharged of all liabilities and obligations under the same and the Allottee(s) hereby
authorises the Developer that the Unit in the Commercial Complex may be sold to any other party by
the Dèveloper subsequent to the receipt of the cancellation notice or dealt in any other manner, as the
Developer may, in its sole and absolute discretion, deem fit as if this Buyer's Agreement had never
been executed and without accounting, to the Allottee(s), for any of the proceeds of such sale. ln the
event of ,the Developer electing to cancel this Buyer's Agreement, the Developer rvill refund the
amount received from the"Allottee(s) after deducting the amounts Earnest Money, alongwith
processing fees'and interest paid due or payable, any other amount of non-refundable nature
includíng brokerage paid by developer to broke¡ but only after realizing such refundable amount on
further sale/ resale to any other party: lt is clarified here that after any such refund by the Developer to
the Allottee(s) of the above-said amount, the Allottee(q) shall have'no right or interest under this
Buyè/s Agreement in any man ner whatsoever.

28. MAINTENANCEAGREEMENT

(a) The Allottee(s) hereby agrees and undertakes that he/ it shall enter into a separate tripartite
maintenance agreement, if'applicable, and deposit the IFMSD as per demand of the maintenance
agency as may be appoínted cr nominated bythe Developer for the maintenance of the Commercial
Complex and the common areas, therein ("Maintenance Agreement", the key terms and conditions
of which are set out in the draft agreementAnnexed hereto asAnnexure Vl). :

For BLACKBËRRY REALCON PVT. L

f-)evalnner
)*"1
¿.;.,',à-,<ì
 :-1
ffi
i

(b) The Allottee(s) agrees that any violation of the terms of the Maintenance Agreement shall
, automatically be construed as an event of default under the terms of this Buyer's Agreement. The
Allottee(s) hereby conveys his/ its no objection-in'.respect of the right of the Developer to appoint or
nominate the maintenance agency forthe mainienance and upkeep of the Commercial Complex. '

29. PURCHASE NOT DEPENDENT ON FINANCING CONTINGENCY

The Allottee(s) may obtain finance from any,financial institution/bank or any other source but the
, Allottee's obligation to purchase the Unit and making of all payments in time under this Buyer's
Agreement shall not be contingent on his/ its abílity or competency to obtain such financing, and the
Allottee(s) shall remain bound under: this Buyer's Agreement, whether or not the Allottee(s) has been
able to obtain financing forthe purchase of the Unit.

30. INSURANCE

The structure of the Commercial Complex shall be insured against fire, earthquake, riots and civil
commotion, militant action etc., by the Developer or the maintenance agency, on behalf of the
Allottee(s),and the cost thereof shall be payable by Allottee(s) as the part of the maintenance bill
raised by the maintenancê agency. However, the contents inside the Unit shall be insured by the
Allottee(s) at hislits own cost. The cost of insuring the building structure of the Cornmercial Complex
shall be,reoovered proportionately from theAllottee(s) as.a part of the total maintenance charges and
the Allottee(s):shall not do or: permit to be done any act or thing which may render void or voidable
insurance of any Unit or any part of the Commercial Complex or cause increased premium to be
payable in re-spectthereof, failing which theAllottee(s) shall be solely responsible and liable.

31. BINDING EFFECT

(a) Forwarding this Buye/s Agreement to the Allottee(s) by the Developer does not create a binding
oblÍgation on the part of the DeveloperortheAllottee(s) until firstly, theAllottee(s) signs and delivers
this Buyer's Agreement with all the Annexures and Schedules along with the payment(s) due as
stípulated inthe Payment Plan atthe address ofthe Developerwithin [thirty (30)]days from the date of
dispatch bythe Developer.
,

(b) lftheAllottee(s) fails to execute and deliverto the Developer this Buyer'sAgreement within [thirty (30)]
days from the date of its dispatch by the Developer, then the Application of the Allottee(s) shall be
treated as cancelled and the Earne$tMoney paid bytheAllottee(s) shall stand forfeited.

32. ASSIGNMENT

Subject to clause 23 $), any interest of Allottee(s) herein shall not be assigned by the Allottee(s)
without prior, written consent of the Developer, which consent may be given'or'denied by the
Developer in its sole discretion and shall be subject to all applicable ìaws and notifications or any
government'directions as may be ín force and further shall be subjectto this Buyer's'Agreement and
ihe terms,''conditicins and charges as the.Developer may impose. For every transfer/ assignment of
ownership, an NO@ is cornpulsory to be taken from the Developer and. appropriate administrative
transfer charges to be paid as fixed from time to time, on complying documentary formalities required
by Developer. The Allottee(s) shall be solely responsible and liable for all legal, monetary and any
other consequences that may arise from such assignment and the Developer shall have no direct'or
indirect involvement in any manner whatsoever. Any purported assignment by the Allottee(s) ín

For E LACtri-rI R tì y F EALCON LTD.

æ)'-"{
Develope¿-j lil ¿v Allottee(s)
.rl¿l'..'..1'i.' ...
A{ lTlJñÞlqËrr êi/) . ::;:!.. -i.:-
w:#
¡rrrlT.Rsf;''f¡1rf,lr$i'ú
:lí,?iT$:I; 1:ìi.:.rr.,:::l;i.fi:,fr¡

"Ç{
violation of this Buyer's Agreemen{shalt be deemed to be an everrt of default on the part oÍAilotteels)
entitling the Developer to çancel'thig Buyei'SAgÎeement and to avail of remedies as set fcrih in clause
27 hereof.

33. ENTIREAGREFMENT
''
This Buyer's Agreement along with all its Annexures and Schec]ules is the only agreement touching
upon the purchase of the Unit by the Allottee(s) and constitutes the entire but*";; i;;
"gr"å"nt
Parties with respect to the subject matier hereof. This Buyer's Agreement alång with its Annexures
supersedes any and all understa¡dings, any other agreement, or arrangement
"orr".ponoenães
whether written or oral, if any, between the Parties. This Buyer's Agreement or any provision hereof
cannot be orally changed, terminated or waived. Any change* o¡. áddit¡onal provisions must
be set
forth in writing in a separate agreement signed between the parties.

34. PROVTSIONS OF THIS AGREEMENT APPLICABLE TO OCCUPIERS / SUBSEQUENT

ALLOTTEE(S)

It is clearly understood and so agreed by and between the Parties hereto that all the provisions
contained herein and the,obligatlons arising hereunder in respect of the Unit in the Commercial
Complex shall equally be applicable to and enforceable against any and all occupants tenants;
licensees and /or subsequentAllottee(s) / assignee(s) of the Unit, as the said obligations go
alongwith
the said Unitforallintents and purposes.

35. WAIVER NOTALIMITATION TO ENFORCE

,onstitute a waiver of any

prior, concurrent or subsequent breach of that provision or any other provision of
this Buyer,s
Agreement. No waivershall be effective unless made in writing and signed by the waiving party or its
authorizedrepresentative.. _

36. SEVERABII-ITY

lf any provision of this Buyer's Agreement is determined to be ittegal, invalid or unenforceable

under
any applicable law, such provision shall be deemed amended or deleted in so far as reasonably
inconsistent with the purpose of thi$ Buyer's Agreement and to the extent necessary to conform to the
applicable law and the remaining provisions of this Buyer's Agreement shall remain valid and
enforceable as applicable atthe time of execution of this Buyer'sAgreement.

97. FORCEMAJEURE

(a) The Parties agree ånd acknowledge that where the completion of the construction of the unit
and/or
the handing ove-r.of th.e possession, of the unit is delayed by any reasons
þeyond the control of the
Developer including without limitation to the Force Majeure, the Developer shall not be held
¡e5ponsible or,liabþ.for not performing any obligation or undeñaking provided for in this Buyer's
Ag¡eement if such peformance is pr:evented, delayed or, hindered by.an act of God, fire
flood,
explosion, war, riot, terrorist acts, sabotage, inability to procure or generai shortage of energy,
labouç
egufpment, facilities, materials or supplies, failure of transportation, strikes, lock outs, action
of labour
uniong, change in law or any acts of government (including Local and municipal authorities)
or other
cause (whether similar or dissimilar to the foregoing), not within the reasonable control of the
N PVT
FOT BLACKBË-[ì

rì...'::' ..
30
 "
;t,
''

Developer. Then the Buyer shall have no claim against the Developer by way of any damages /
compensation, and the Buyer hereby waive,ç qll.rights and claims in this rqgard

(b)
f

Further, where there occurs any dela'y in possession being handed over io the Buyer in on account
of
the reasons specified hereunder, the Developer shall be entitled to a reaqonable extension of tíme for
handingoVerposséssionofthesaidUnittotheBuyer...'..'
j.,

(c) For the purposes of thisAgreement, "Force Majeure" which inter alia includes delay on account of
non-availabílity of the steel and/or cement and/or other building materialg,
ryqter supply or electric
power or completion certificate or slow down strike or any inflated construction cost payable
due to a
dispute with the construction agency employed by the Developer, civil commotion or ty reasons of
I war, enemy action, earthquake or any act of God shall mean any event or circumstance or a
I combination of events and circumstances, whether occurred or likely to occur, which satisfies all the
4
r following conditions:
I
f
rì,:
i. materially and adversely affects the Project and lor the performance of an oblígation of the
Developer; and are beyond the controlof the Developer;
.¡i.non-availabilityofthesteeland/orcementand/orotherbuiIdingmaterials,
' dueitofldisputewith the constructíon agency, if any, employed bythe Developer
iv.
i¡¡,
any unreasonable escalation in price of labor, steel and/or cement and/or other buíldíng materials.
v. and includes (without imitation), subject to satisfactíon of the above conditions, the fóllowing events
f

and /or circumstances:

vi. watersupply, electricsupply, completion certificate.
vii. war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy;
viii. revolution, riot, insurrection orothercivilcommotion, actof terrorism orsabotage;
ix. strikes, industrial disputes and i or lockouts and / or interrupting supplies and services to the projeit;
x. change in governmental policy, laws (including, any statute, ordinance, rule, regulation, judgment,
notification, order, decree, permission, license or approval), including but not limited to, expropriation
orcompulsory acquisition by any Government orany part of the Housing Project or rights therein;
xi. acts of God orevents beyond the reasonable controlof the affected party whích could not reasonably
have been expected, including any effectof the natural elements, including lightning, fire, earthquake,
unprecedented raíns, landslide, subsidence, flood, storm, cyclone, eþidemics or plagues oranyother
similareffect; or
xii. any judgment or order of any court of competent jurisdiction or Government in lndia made against the
Developer in any proceedings. .¿,

38. INDEMN¡FICATION

(a) TheAllottee(s) hereby undertakesto keep and hold the Ðeveloper, its directors, agents, employrees,
servants and representatives indemnified and harmless against all costs, expenses, claims, liabilíties
and proceedings which may be caused to or suffered by the Developer or made òr taken agaínst the
Developer, directly or índirectly arising out,of breach of this Buyer's Agreement or breach of
representations and warranties made b¡¿ the Allottee(s) or by any act or omission, negligence or fault
of the Allottee(s), misrepresentations or willful misconduct, or due to non-compliance or: violations of
any applicable laws, rules, procedures or any other laws, rules, regulations or directions, policies,
guidelinesandthelikeinrespectofthisBuyer'sAgreementorotherwise.

(b) The Atlottee(s) agrees and understands that the employees, officials, and or any'other authorized
Pêrson'' of the Developer shall provide relevant and necessary assístance for completing the
For BLACKBERffy
RFALCON pV

31
';.ã1.,-,,".-,i
Allottee(s)
 proceduralformalities in executing
this Buye/sAgreement. However, theAllottee(s) understands
that
such assistance rendered by the Deuelopár's e*itny"ur,
officials and or any other authorízecl perspn
shall be provided for and on behalf of'the Developer
and such employees, officials or the authorized
person shall in no way be responsible ín
their indivíduaf capacity. The Allottee(s) agrées
and
undertakes to indemnify and keep and hofd such
employees, offícials and or authorized person
harmless and indemnífied from arry íoss, arísing out,
in reration or. in or *"0"r,"g ;;"n
assistance. "onn""tion
.''''':
39. ARBITRATION

All or any dispute arisíng out of ortouching upon

or in relation to the terms of this Buyer,sAgreement
its termination, including the interpretation and validity or
thereof and the respective ríghts and
obligations of the Parties shall be settled amicably by
mutual discussion, failing which the same shall
be settled through arbitration- The arbitration proceedings
shall be governed by the Arbitratíon and
conciliation Act', 2007, or any statutory amendments,
modifications or re-enactment thereof for the
time being in force. A sore arbitrator shafr be nominated
by the Deveropeç who shail hord the
arbitration proceedings at the registered office.of
the Deveroper or at any other place as may be
decided by such arbitrator in English language.
The Expense for arbitration process shall be
borne by
both the parties equally. lt is also further agreed
that arbitrator can be ahanged by the Developer
stage of arbitration,forwhich allottee shall not have at
any objection. TheAllottee(s) hereby confirms
that
he/it shall have no objection to such appoíntment
even if the person so appointed, as the arbitrator,
is
an employee or advocate of the Developer or is othen¡¡ise
connected with the Developer and the
Allottee(s) confirms that notwithstanding such relationship
/ connection and the holding of hearings
at
the register:ed office of the Developer, theAllottee(s)shalr
have no doubts as to tÀe independence or
impartiality of the said arbitrator and shall not challenge
his appointment or award made by him. The
Arbihation award shall be finaland binding on the parties
and the parties agree to be bound thereby
and to act accordingly' The parties shall contínue
to perform such of their respective obligations
that
cio not relate to the subject matterof the dispute,
withouî piejuáice to the nnal oåtermination.

40. COPIES OF THEAGREEMENT

Two copies of this Buyer'sAgreementghallbe executed

in the originals and the Developershaf I retaín
the first copyand send the second exeouted copyto
theAllottee for his/ its reference and record.

41. PLACE OF EXECUTION

The execution of thís Buyer's Agreement will be complete

only upon its,execution by the Developer
through its authorized signatory at
þe Developerls officel at Gurgaon, Haryana afterthe copies duly
executed b'¡4 the Allottee(s) are received by the Developer.
Hence, thís Buyer,s Agreement shall be ,

deemed to have"been executed at'Gurgaon even

if the Allottee(s) may have executed this:Buyer,s
Agreement atany place(s) otherthan Gurgaon.

42. NOTICES

be in writing and shail be deemed to,beproperty

1:::t:i:::"ïi:".i_,1'?ïçrsAgreementshail
given and served on the party whom
!o such grven ifI sent eith
notice is to be given either,by registered post or
speed post. acknowl gntdue, to the Party at their respective addresses specified
RTRI-COI'I berow:
FOr BLACKBERNV

;'t'¡iîiì Fi
ÅutrtlcR t sEr, s |û
Developer
w / t-r

'
Party Address
Developer
Blackberry Realcon Private Limited 11th Floor, Paras Twin Towers (Tower B),
Sector - 54, Golf Course Road,
Gurgaon - 122002, Haryana
Authorised Signatory.

Allottee
88+, B- ßtocK , F\xsAL gosu Êñr
H. ¡co .
f4R. ñJfry ?fi L wCnþr CçT/ r SÈcTo R -t9, PANSfñ'T.

It shall bee the dutytof

of the Allottee(s) to inform
re Al mth e Developer of any change, subsequent to the
executionr of this
this Bu :r's Agreement, ín the
Buyer's tl above address by registeredi speed post,
acknowledg rdgement
ent due
rdue, failing
ailin, which all corilmr nications and letters posted at the above address
nunir
I
shall be d eemedd to have been duly received byth thelAllottee(s).
JOINTALLO rrEE(s)
-LOTTEEI

ln case there areJointAl lottee(

s(s ))al
ailI com munical
untrícations shall be sent by the Developer to the Allottee(s)
whose name appears first arnd at Jdn'ess givr
at the address iven by him/ ít, which shall for all purposes be
considered as duly served on allrsuch Joí Joínt Allrlottee(s)
s).

LAWS OF INDIA

ions of thnet 'anles

That the ríghts and obligtations ìder or arisíng out of this Buye/s Agreement shall be
rti ¡s und
accorda nce withth
construed and enforced ín accc the lal
aws of lndia alone.

JURISDICTION

ïhe courts at [Gurgaon ll alone have the jurisdiction in all matters arising out of or concerning this
Buyer'sAgreemen t.

INTERPRETATIO N

Unlessthe context othen¡rise¡ in,

ndicr
cate)S:

(a) A reference to this Buyer's Ag )em(ent includes any varíation, amendment or repfacement of the
,qrge
same.

(b) Headings are inserted for convenience only and do not affect the interpretation of this Buyer's
Agreement.
li'
(c) lf a provision ofI this IBsUyeri
r's Agreemenl
reeme-.nt is
ts tnco
nconsistent wi th provls-io n of another agreement
vith the
between the. Pa rties n cda l rof this
mirade þbe¡fore-" the date thir Buyer's Agree?em ent,, the provision of this Buyer's
Agreementshall prevaail¡t.
''.
(d) A reference to atrtute o r
other law nclude s regulatíon
rw ínr íons an d instru ments under it and all
iaft? ¿

fsr'ÊqjHâftiì\8, ments re-enactme

nents
ts or replacemen
re tt same.
rts of the
For BLAÇKBE'

33 Allottee(s)
(e) A ieference to this Buyer''sA¡iÉëêñienfîtrtorpoTates a reference to
the Annexures and schêdules to

this Buyer'sAgreement
plural and vice versa and to a person
(0 Referenòes $ñduding defTnêd terrirs) to the singular.inclqde thê
includiis body cor:porate and Více versa. Reference to n'lasculine
gelder includes reference to the
fqminine gendg¡ald vice versa.

lN WTTNESS-,WHEREoF.1he partiês'hereto have hereunder and to a duplicate copy hereof

year mentioned under their
subscribed,their respective hands atthe places and on the day, r'nonth and
respectivesignatures. ,,?,/
\ --"
Signed and Delivered bythewithin namedAllottee(s) in the
presence of witness

Passport Size Passport Size

Photograph Photograph
'(Second
' ,Allottee) Allottee)

Signature (of the Signature (of the

Second Allottee) Third Allottee)
First / Sole Allottee)

Witnesses 1: Witnesses 2:

Signature: Signature:

Name: Name:

Address: Address:

Signed and Delivered by the within named Ðeveloper in the

presence of witnesses at

': i -,

of 1BLACI6BERRY REALGON PRMArE LIMITED'

:

For andlön behatf

AuthorisedSignatorç..'......ij'',-'.''

ÍftiiÊäíåË" - o",",," of the commeroial coinprex

',
:

ANNEXURE ll:- Details of the Payment Plan ' ,:,r,.

ANNEXURE lll - Definition of Common Areas ' ,' ,

ANNEXURE lV - Tentative Floor Plans

V - Tentative Specifications
' ANNEXURE Vl
ANNEXURE - Main[qnance.Agreement
iGÚii\ection Apprication
,"ållN5óUnn YolTifi*
 ii'.1
Annexure- I & ll

CLIENT NAME Ajay PalSingh

UNIT NO" sT/03 0l ,

SUPER AREA 1,225 sq. ft. (Approx.)

TYPE B
P¡YMENT PLAN Gonstrirction l-ink payment Flan

STAGE
Basic Rate
Basic Sale Price AMOUNT (Rs.

:, ).
8,300
chargeileDõl--
Externa¡ oevetopmént 10,167,500.0(
,)
,nt"rnalD"velopm@ 431
527,975.0( I
Parking .- 71
86,975.0(
FMS % 3;00,000 300-fìoo nf
125 153,125.0(
TOTAL 11,235,575.0(
Total Unit Cost: Rs. ll,23S,SZS.O0

PAYMENT PLAN:-

PERCENTAGE
AMOUNT tRs.ì
)n Booking {s Applicable I,000,000.0(
rlrr eu &rays 0f.ÞooKlflg l0% of BSP- Less Bookinq Amounl I,033,500.0(
start of Excaralion l0% of BSP I,016,750.0(
Comoletion of lJnn¡'r
of,BSF + Car parkinq
Ft,
lQ%
1,316,750.0(
....-
or lsr t-toor Roof Sláb 0% of BSP I,016,750.0(
.of 3id Flcor Roof Slab 0% of BSP + s0r; af EÐc & rpc 1,324,225;0(
On Comþtetîor of 6th Ft.ioriRôôf Stab
0% of BSP + SOot of EDC & IDC 1,324,225.0(
On Completior 09ü Floor Roof Slab
0% ofBSP 1,016,750.0(
On Completior of Top Floor
0% of BSP 1,016,750.0(
On lnstallatl'on
% ofBSP 508,375.00
Cn of ,/o of BSP + IFMS 661,500.0c

- TOTAL
11.235.s7s-of

A sum of Rs' 2,033'500-00- ftas already been pâid to M/s

Blackberry Reatcon pvt. Ltd. as on 30-Nov-13
against the part paymeht of the said Apärt-ã"t.

G service tax on sare consideration shalt be paid extra

by Ailottee(s).

r-T
O SIGN ÀTORY
AUTHORI.S.E.
AIIottee(s)

i;---'ì -'' ,ì'ì

,'\t*-.'i '!\¡*
' ,tP'
i

ANNEXgRç.'t¡t
t;
DEFINITIONOFCOMMONAREAS ' ',

Conrmon Area shall mean and ¡nclude all such parts/areas pf the Commercial Complex which shall
be
used by sharing with other Allottee(s)/occupants of the Commercial Complex, including entrance
canopíes, lobby, passages, corridors, atrium, common toilets, f¡re controlroom(s)/securit-y room(s),
lift shafts, lift machine rooms, all electrical shafts, DG shafts, pressurization shafts, plum'bing,
electrical and fire shafts on all floors and rooms, staircases, mumties, refuge areas, lift machine
rooms, water tanks (both underground and overhead), electricaí sub.station and transformers. ln
addition to the entire services areas in the basement(s) including but not limited to DG rooms, plant
rooms, underground water and other storage tanks, pump rooms, maintenance and servíces rooms,
fan rooms and circulation areas, Drive ways, path ways etc., shall be counted towards common
areas.

It is specifically made clear by the Developer and agreed by the Allottee(s) that he shall
have no right,
no title, no interest in any other land(s), facilities and amenities within the Project as theAllottee(s)
has
not paid any money in respect of such land, areas, facílities and amenities, save and except
the
common areas and facilities as described above, the covered car parking spaces on stilt floor
level/common basement area of building/Commercial Complex andior around the
building/Commercial Complex and the undivided pro-rata share in the land underneath the said
building/Commercial Com:plex. TheAllottee(s) agrees and confirms that the ownership of such lands,
areas, facilities and amenities shall vest solely with the Developer, its associates, its subsidiaries for
which the Developer shall have the absolute discretion and the right to decide on their usage, manner
and method of disposaletc.

DEFINITION OF SUPERAREA .'.'-'.'

(i) The Allottee(s) agrees for the purpose of cafculating the basic sale price the super area shaf I mean
and include the sum of covered area of the said premíses and the pro-ratâ share of common areas in
the entire Complex. Whereas the super area of the said Unit shall mean and denote the covered area
of the said unit inclusive of the entire are,a enclosed by its periphery walls including areas under walls,
columns, half the area of walls comr¡on with other premises, cupboards, lofts, balconies, etc. which
forms integral part of said Unit and where in the common area shall mean all such parts / areas in the
said Complex which the Allottee(s) shall use by sharing with other Allottee(s) including entrance
canopy and lobby. Balcony, projection for services, other projections, pillars in common area, stilt floor
for: machines and maintenance, atrium, corridors and passages both open and covered, pathway,
"
roads, green area if any, landscaping, ramp, common toilets, security / fire control room(s), if
provided, lifVescalator lobbies on all floors, lift shafts, all'electrical, plirmbing and fire shafts
on all
floors and rooms if any, staircases, mumties, refuge areas, lift machine rooms and overhead water
tanks, etc. ln addition, ãrea provided in the basement to hoqsekeeping services including but not
limited to, electric substation, transformers, DG set rooms, underground water tanks, pump rooms,
maintenance and service rooms, Gate House, Main Gäie,tGrárdtioom, HT Meter Room, Security
'ìl rooms, security check room if any, administration office, management office, fire fighting pumps and
jl
ir equipment, circulation area, etç., shall be counted torygrds common area. The decision of the
fi

M-
For BLACKBËRRy REArc0ru
lj dr[r. mo.
¡:,

ij
li'
í"
i:)
 Notwithstanding the fact that a port¡on of the common area has been included for the purpose of
calculating the super area of the said Unit, inis nas been done on account of the structural design of
the building without which thère can be no support to the Unit. lt is reiterated and specified that jt is
only the inside premises area in the Unit that has been agreed to be allotted and inclusion of óommon
areas in computation does not create any interest therein in favour ofAllottee(s)
(iii) Super area of the Units provided with exclusive open terraces shall also include 50o/o area of such
terrace area. The Units Allottee(s).shall however not be permitted to covér such terraces and ttie
ac-tiv¡tyto be conducted in such terrace space will need priorwritten approval of the Developer.
(iv) It is further clarified that the super area mentio¡"rêd in this Buyer's Agreement is tentative and for the t2 'i'
purpose of computing the total Sale Consideration [n,¡especj of said Unit only and the inclusion of
common area within the said Commercial Comple4{ buildíng / tower: fo¡ the,purpose of calculating
supef area does not give any right, title or interest in common areas by sharing with other occupants /
Allottee(s) in the said Commercial Complex / building; The tgJgl Sales Consideration payable shall be
recalculated upon confirmation by the Developei of the final super area of the said Unit and any
increase or reduction in the super area of the said Unit shall be payable or refundable, without any
inter€st,.at:the same. rate per square meter as agreed between.the Parties, lf there shall be an
increase in super area, the Allottee(s) agrees and undertakes to pay for the increased super area
irnmediatèlyon demand bythe Developerand in theeventthere shallbe a reduction in the superarea,
then:the'refundable amount due to the Allottee(s) shall be adjusted by the Developer from the final
instaiimentassetforthinthePaymentPlan. ' -'1
{v) Super area and the percentage of Unit area to super area may undergo changes due to any change in
the lioense condition'granted by DTCR anychange in building qa¡ctigr,r plan, BIS Codes or NBCC etc
till the completion of the,building / Commercial Complex and fiñal''superArea shall bè intimated upon
completionofconstructionofthesaidCommercialComplex/building(s), .

FoT BLACKBERRY REALCON T, LI IJ.

Éontsro slcNAToRY
Developer :: '.. I

' -¡l
 , .j;
.i

ANNEXURE IV
TENTATIVE FLOOR LAYOUT'

5'-l " \À/lDtr BALCOI.JY

1

RAWING & DINING

19'-'7.5" X 14'-4"

SERVICE APARTMENT LAYOUT PLAN. TYPE B

'+ SUPER AREA : 1225 SQFT

, This is a typical unit layout plan and orientation w¡llvary as perthe floor cluster plan and location of the tower.
. Thissketchisnottoscale.
. 1 Sq.Meter= 10.764Sq. Ft.

' All plans are indicative and subject to change as deemed appropriató by the company or statutory
authorities.
' The furniture and its anangement is indicative andrnot included'in the apartment.
ii
r)

' Final Plans v¡ill be developed based on the'these concept plans and keeping in mind the structural stability
and
jjl
\':

other architecturalfactors including overall development patiern of the comþlei. l

. Service shaft have not been shown t
i,:
ä.

The Buye(s)-shall not

|rY" 3lv ownershíp rights over the space / right granted under any pLC, Terrace area and
å
Lawn area (if any)' right to.use the said spaieirìght onty which snall siano automaticãtry
H
d
transferred together "1,9:I?llhave.only.a
with the,sale / transfer of the Apartment. No constrt¡ction/ad¿it¡on /alteration is allowed in if
'*
the ll:
terrace/Lawn ãrea. The unit holderwillnot be alloweOio mate ãnycnlnges to the "Facade,,orfence
the lawn area. rdì

I For BLaCKË]ÊRHY REALCON Pr,lt,lf n. F¿

-tl
x
i
N

i o""","0"dhßhJMå']l i.' ' -\".

38
!ì¡
i.i
y',!-;'l lrirllls[r) Ê
iit
 i
w
ANNEXURE V

FOR RETAIL SHOPS

(Tentative S¡ió-ðifications) ,

RETAIL SHOPS:.
Retoil Floors - Ground & First
,ii Lorge slore fronts with glozing
rr i.
\i
,i:ll
Arcode olong oll Retoil Units
ri:tl Dedicofed Signcge orec¡s for oll Units os per design
' .:,a;t
r!!,
.tl
,
.j:
STRUCTURE:-
..¡.
.it); t RCC slob ond column siruclure wilh mosonry porlitions
Possenger & service Elevotor ond stoircoses connecting Retoii levels
'.Ètn LANDSCAPE:
j4f, ll

.mJ
Richlylondscoped cenkol plozo with poving ond decorqrive feqrures
,åt*. Pedestrion plozo designed with seoting oreás ond food kiosks
tßÞ Ded¡coted dropoff zone ond enkonce for Serviced Aporlmenl
irff FINISHES:
.üd,
sü*.
; Combinolion of Glozed Stone fronts, windows, stone,/metol ponels & poinled
ffi !],Y:"t
Lobbies : Combinotion of Slone ond pointed surfoce
surfoce
ffi
li*. Bosemenl : Broom f¡nish ConcreTe
*H Tenont floor finish : Concrete floor
dfi
ffij common Toilets : Finished toilets with modern {ttings ond fixfures
w#
ps
PARKING:-
:f'.j''Ë'
,å'i' å;.
Bosemenl for porking ond Services
.ìiitd
:!i:ie
¡,istj
Adequoie surfoce porking provided
. -.1:. Provision of occess controi ond video
ill' i$
Surveillonce
SECURIW:-
Video surveillonce - Bosemenl porking ond Bosemeni & Ground floor
lobbies
Monned security - Boom borrier ot oll Vehiculor entry & exit points
LIFE SAFEW:
wet Riser/Hose Reels/sprinklers/Fire extinguishers provided os per norms
ExTernol Fire Hydront provided os per norms
HVAC:.
AC Systems - Provision for Split AC Uniis
Ventilotion ond Exhousi provided for Common toirefs ond Bosemeni
ELECTRICAL:- 'ê

Disiribution - Provision of coble up to tenonts D¡srr¡bution Boord

Metering - Tenonf iood will be metered
Lighfening Protection & Eorthing - pits provided
Emergency Lighting - Emeçenry lighting in selected common oreo
-
DIESEL GENERATORS:.
I O0% Power bockup provided for Lighring, power, ond AC

SIGNAGE:-
lnlernol - Moin lobby equipped with Tenonf Directory ond Directionol
signs
Exlernol- ExTernol sigñoge os per developers design ond Conditions

d.ecided by th.e Develope¡ or by any compelent?id

"3'li:LlJ,lï:;::iîl;:?1,:::::Í::g::]!:,1!gr
as l1"g"l inrhis brochure are indicative and are subject to chanse
authori"ty in tfre ¡est interests of the d evelopment. Soft furnishing,
furniture and gadgetsare noi of the offering.
For BLACKBERRY REALCON PVT.

Developer {Ì¡ise I slüNAîoBY 39

::iriì¡tl!LÌi",:$f .!1îî r:¡läW$å&llàrülf ili;'.

 ::.

FOR SERV¡CE APARTMENTS

(SPECTFTCATIONS)

SPECITICATIONS AMEI\IîirS

BED ROOM Doub,le Bed

Woll : PLASTIC EMULSICN PAINT Sofo
Floori ng : LAMI NAIE D WCODEN FLOORI NG/VlTRl FI E D Centre Teble
TILES/CARPET Curïoin Drope:
Doors:SKIN PANELED Wordrobe
Wi ndows :ALUMI N UM I / UPVC Split nC
Kitchen Cobìnet
LIVING & DINING AREA Microwove
Woll. PLASTIC EMULSICN PAINT Refrìgerofor
Flooring:VITRIFIED TILES/ LAMINATED WOODEN HOB
FLCCRING/CARPET Chimney
Doors:LAMINATED FLUSH tCD TV
Wi ndows :A!-UMl N UM / UPVC
I

PANTRY
Woll:CERAMIC TItES
Flooring:CERAMIC TILESi VITRIFIED TILES/ LAMINAIED
WCODEN FLOORING
Doors:SKIN PANELED
Wi ndows :ALUMI N UM / UPVC
I

Sonìtory Wore Fixiures: STAINLES STEEL

Sonitory Wore Fitlings:BRANDED - -,'

BALCONY
Woll:EXTERNAL PAINT
Flooring : CERAMIC TILES
Doors:ALUMINIUM/UPVC
Wi ndows :ALUMI N UM / IPVC
I

. TOILET
Woll:CERAN4IC TILES

Flooring :CERAMIC TILES

Doors:SKIN PANELED
Wi ndows :ALU,MI N UM/U PVC
I

Sonitory Wore Fixtures:WC & WASH BASIN

Sonitory Wo re Fittings : BRAN DED
*Allfloor plans, specifications, artistic renderings and images
in this brochure are indicative and are subject to change
as decided by thå Developer or by any competent authority in the best interests of the development. Soft furnishing,
furniture and gadgets are notpart of the offering.
TI
L¿
tr¿
tei
"i. -
Allottee(s)
 W
wsw,
gør@$

PARAS SQTJARE

RECEIPT

Mr. Ajay Pal Singh

House No.-887, Block-B, Ansal Sushant City, Sector-l9
Pan¡pat, - 132103

9802765555, 94t6223L38

Dated: 10th February 2014

Receipt No.:0510
Customer lD: PS000138

seventy
Received with thanks from Mr. Ajay pal singh, a sum of Rs.10,54,471.00/- ( Rupees Ten Lac Fifty Four Thousand Four Hundred
in Paras square, Sector-63A,Gurgaon(Haryana)'
one only. ) on account of on the start of Excavation & Service Tax for unit No."5T/0301"
as per following details:

lnstallment Amount
Drav,/n Cn C!:eque/DD A!:ìc'.:;ìt Service Tax
S.I{o. Cheque l{o. (Rs.)

Punjab Nat¡onal
6th February 2014 r0,54,47r.001- 37,72r.00/- 10,16,750.00/-
954828 Bank,Panipat-
132103
Total 10,54,471.901- 37,721.001- t0,76,750.001-

u. Th¡s receipt ¡s subject to real¡zation of cheque/draft'

]herece¡ptsarenottfansíerabiewitilÙUtwtiltellcùñsenicíilt¿i:crnpêl¡y.

BlaCkhefry ReelCOn FVt. L-td. Corporate aftice. 1í'' F;co¡, r;1;¡25 T',1:; ; ,,r¡rrs íîcr¡çi-,B)
Seclor-54,Gc¡if ücur-s¿ËioàÙ,Guiç¡acn-1220A2"Haryat''::,Teì.: +9'i 1244i'i,;'-'. .: ' :. 1111 'f .ii::"f
 t,

/tJ
,/- (/
/

il
II
n
PARAS SQUARE

RECEIPT

Mr. Ajay Pal Singh

House No..887; Block-B; Ansal Sushant City, Sector'
G
19 Pan¡pat, - 132103

9802765555, 9 4L6223t3A

Receipt No.: 0767 Dated: 8th November 2014

Customer lD: PSOOO138

fieceived with thanks from Mr. Ajay Pal Singh, a sum of Rs.13,65,602.00/- ( Rupees Thiiteen Lac Sixty Five Thousand S¡x Hundred Trvo
Only. l On account of Upper Basement Roof Slab & Service Tai for Unit No."STy'0301" in Paras Square, Sector-63A,Gurgaon(Haryana):
as per following details:

lnstallment Amount
S.No. Cheque No. Drawn.On Dated Cheque/DD Amount Service Tax
(Rs.)

Punjab National
1. 954831 Bank,Panipat- tth November 201¿ 13,65,602.00/- 48,8s2.00/- 13,16,7s0.00/-

132103
Totàl t3,65,6A2.001- 48,852.00/- t3,16,7SO.Ool-

Pvt.ttd.

o This receipt is subject to realizatioñ ofchei¡ue/draft'

o The receipts are nottransferable w¡thoutwrfüên consent ofthè compány.

Blackberry Realcon Pvt. Ltd.

Corp. Office : 11ù Floor, Paras Twin Towers fiower B), Sector - 54, Golf Course RoadiGurgeoif.122002 + Haryana r Tel: +91 124 4561500 . Fax : +91 124 4561540
Regd. Ofüce : Room No. 205, Welcome Plaza 5-550/551, School Block (ll), Shakarpua Delhi - 110C92
Site Office : Paras Square, Sector - 634, Gurgaon ' Haryana
Ë-mail : info@parasbuildtech.com. Wêbsite : www.pai'asbuildtech.cÒm ¡ CIN - U70101DL2011PTC224577
I ,r. l:ì.,..rr,:'1

l15il'to\-
/\ \
 {--
L/
rf
II
n
PARAS SQUARE

RECEIPT

Mr. A¡ay Pal Singh

House No.-887, Block-B, Ansal Sushant City, Sector-
19 Panipat, - 132103

9802755555, I 4L6223138

Dated:15th APril 2015

Receipt No.: 093? '" r'

Customer lD: PS000138

( Rupees Ten Lac FiftY Four Thousand Four Hundred Seventy

Received with thanks from Mr. Ajay Pal singll,.a sum of Rs.10,54,47!'OO/-
Íor Un¡t iio."5iiÛ301" i¡r Fa¡a¡ 9<¡uaie, Scctor-'53,4,€urg;c::
oneonty.)onaccountofonCompletiolrollstFloorRoofslabâi5'.i.
(Haryana). as per following details:

lnstallment Amount
Drawn On Dated Cheque/DD Amount Service Tax
S.No. Cheqúe No. (Rs.)

Punjab National
t0,54,471.00/- 37,72tßA/- ro,t6,750.0a/-
1. 954844 Ban(Panipat- 15th April 2015

132103
Total to54,47L.OOl- 37/Ll.Ûol- 10,16,750.00/-

Pvt.ttd.

a This rece¡pt ¡s subject to realizaiion of cheque/draft'

a The rece¡pts are nottransferable without written consent ofthe company'

Blackberry Realcon Pvt. Ltd'

corporrice:1''iFroor'Paras'üJ:ää:l'äll3;,,Ìî!ii,,î1,:',[ïi:;i:1if¡ï:iHi1::í;iiï:,;f;jÏl',1'J;:"00'Fax +e11244561:6{c

S¡te Office : Paras Square, Sector'63A. Guigacn llaryana

"
:-,r : : E-mail :info@parasbuildtech.com.Website:wvrw.parasbuildtech.cora'CIN'U70101D-2011P-|C224577

lltìi:tiilf- ffi#Í{$åi
 m
Yffi
II
E

PARAS SQUARE

RECEIPT

Mr. Ajay pal Singh & Ms. Surekha

House No.-887, Btock'B, Ansal'Sùshant City, Sector-19
Panipat, - 132103
9802765555, 94t6223738

L
Dated: 15th APril 2015
Rece¡pt No.: 1020

Customer lD: P5000138

Received with thanks from above aliottee(s), a sum of Rs. 55,835/- ( Rupees Fifty Five Thousand E¡ght Hundred Îhirty rive only ) on
paras Square, Sector-63A,Gurgaon(Haryana). as per following details:
account of TDS payment for Un¡t No."sT/b301" in

S.No. Ðaieci
L

1.
., . -.
I
.--J"-.
3rd July 2015 ss,83s/- ss,83si-
,
I
Total ss,83s/- _ _1111s/__
i

Pvt.Ltd.

o Th¡s rece¡pt is subiect to realization of cheque/draft

a The rece¡pts are not transferable w¡thout wr¡tten consent ofthe company'

Blackberry Realcon Pvt. Ltd.

*""JåJ:ff:i'läi1i,ìil'åi:,ä:i.Ti#5:1i,fi:3:i;ii::l;iä:ll.Ji';Jil
. corp office: Fax:+e1
11"F'|oor' ' 1?.4 4564544
'ü,;::'uoo
Site Office : Paras Square, Sector- 634, Gurgaon . Haryana
E-mail : info@parasbuildtech.com r Website :ur'rw.parasbuildtech.com . CIN - U70101DL2011PTC224577
 ffi
/ Ë"9
PARAS SQUARE

RECEIPT

Mr. Ajay pal Singh & Ms. Surekha

House No.-887, Block:B, Ansal Sushant C¡ty, Sector-lg
Panipat, - 132103
9802765555

Receipt No.: 1042 Dated: 14th September 2015

Customer lD: P5000138

Received with thanks from above allottee(s), a sum of Rs, L3,LL,722/- ( Rupees Thirteen Lac Eleven Thousand One Hundred Twenty Two
Only ) On account of On Completion of 3rd Floor Roof Slab & S.T. for Unit No."ST/0301" ¡n Paras Square, Sector-63A,Gurgaon(Haryana).
as per following details:

S.No.
llilli
i Cheque No. I Drawn On I Oatea I Cheque/OD Amount j ServÍce Tax
lnstallment Amount
(Rs.l
il¡
I

i ¡ Puniab National i i
j

I gS¿aqs I i lsthseptember
L3,tt,t22/- ,
!. i |
:

lBank,Panipat- i _-_ 42,704/- !2,68,4r8/-

ìi12015i;
111321031,:
.. _._-_._-
i
! .-___-.-__-l i ---
---___i
- i rotar 'i
_.__'.-----
tg,tt,tzzl- ', +z,toì+¡- t2!?8,:t8l-

Pvt.Ltd.

a Th¡s receipt is subiect to real¡zation of cheque/draft.

a The receipts ¿re not tran5ferable w¡thout written consent of the company.

Blackberry Realcon Pvt. Ltd.

i.ìorp. Office ' 1i"' Floor, Paras Twin Towers (Tower Bj. Sector - 54, Golf Course Road, .Gurgaon.' 122A02 .Haryana e Ïel.: +91 t24 456i500. Fax : +9'i ",rO OUOI?:;ti.)

Regd. Office: Room No.205, WelcÕme Plaza S-550/55i, School Block (ll), Shakarput, Deliti - 110092
Site Office : Paras Square, Sector- ô34, Gurgaon . Haryana
E-mait : info@parasbuildtech.óom . Website :www.parasbuildtech.com . CIN - U70101ÐL2011PTC?'¿4ï77
;''¡
@
trE
PARAS- SQUARE

ANNEXURE - A

PAYMENT SCHEDULE

Studio Apartment

Rs. torõõþõG
rn 60 Days or gõõf¡nõ

on thèitartãr
of Basic sãã priõ

+ Car park
n c;ompletíon orìEfroõi
Ba
on cornþreffiffia¡i6;
e Frice + s¡zoofEDõ¿--ioc
on com-þiõtrb-ñãi
of Basic-ãiãÞñã;
compte@
10% of eãSçle-
n compretìõi-ãlE!
l07o of Bãiid
on ln sta tiãtiiñ-ãEÇiiã.

Sale priõãil + Registratr,cn-ãñã

ble

Æ
Blackberry Reatcoi.l*
^
sector - 54' Golf course aro.
"i,.*"ïffi,rÃr,,, Froo(1.Aparas.r_':ln Towers (Tower B)'
Road, Gurgaon - ,rrõari'i^*ânâ
Lo.
'.^-
 i.,

RAT{DEEP SI¡¡GIT GHå.NGA.S, I?ES. r84-R, RAn4 I.AL CHOWK,

B.COI\4. LI*B. Á,DVOCATÞ, MOÐSL lOU¡$, p¿nrp*r.
SHAMAER.Tvû.230_23 r.,
rIND F.LOOR, NEW DISI?, MoB.1ïo.99549û99?9.
COURT LAIr:TÞRS,
CTIÁMBÞRS COI{PLEX,
ÐIS?T. couRTg, PANIP,AT:

Þatedr07.OZ,ZOLT.
To

M/s.Black Berry Ralcon pvt. Ltd.,

, 11rh Floor, paras T$n
Towers iTower_B),
Sector_S5, Golf Course Road,
ciurgaon through íts authorieed signatorv
*{r.Ra.,esl:
Kaul.

Subject:- Legal Notice.

Respected Sir,

I l:ave been authorized. and instructect by r::,/

client:
sh. Âjav Pal singh Advocate son of shri Jagvir singh,
reside*t of
House No.B87, B-Brock, Á,nsal sushant city, $ect *r-rg, panipat as
mentionecl in the builder buyer agreement, but at present ¡esiclent
:

of lJouse Nc¡.837, B-Block, Ansar sushant ciry, pånipat,

¡6 serîe
you with the fol1or,,r,ing nolice :-

d'7-
1' /' n r-4
-2-t
a"*"-\.,JÞr, (-\.. 1--- I

#-:>ï'"r \
\<5-.-''
L. That m)' client was allotted a unit No.sr/09û1, !.tr Floor,
TVpe-B, measuring 1225 sq. Feet in project paras square.
sector 63-4, Gurgaon by ¡rou addressee vide builcler br,ryer

agreement executed on 31.12.20LA at Gurgaon.

ã.That th.e cost of the said unit rvas Rs.1,IZ,SS,S75/- i.e.

Rs.83ûù/- per squaîe feet. It is pertínent to mention here tl:at

the first instalment of Rs,5 lacs ivas made by n:y client vide

cheque No.220817 dated 20.s.2013 and similarly, before the

agreement r¡ç,âs made, my client made payment of Rs.S iacs

again vicle cheque No.953034 datecl 2L.g.2a13 and similarty.

agai' made a payment of Rs.l1,08,g4A/^ vicle chequ.e

No.954826 dated 15.10.2013 to be drawn on punjab Naricrnal

Bank, Panipat. In that arnount, service tax .o¡âs included i.e.

to the tune of Rs.75,343/-. So, in this way, before the

agreement was executed in favour of my clíent by ]¡oll

addressee, a total sum of Rs.20,33,S00/- was pâlcl to ¡,6ç
excluding service tax which was Rs.75 ,44s 1 - ancr after that a

builder buyer agreement was made at Gurgaon on s t.12.2o13

in favour of my client and he was allotted t}re above saicl unit

¡'l
I!
¡,
¡'- ¡.*"*- i
't I
 as mentioned above in the notice and in that agreement, the
time for handing over the possession as
mentioned in i,,our
clause No.7 of your ag'eement was s6
months from the date of
construction and even if it is presumed from the date of
agreement i.e' 31 '12.2073,36 months
have been passed, but
till today, tlr.ere rvâs ro srgns of handing-over
the possession of
the above said apartment to. my client ancl
my client has
aireadv made the pa3rment of Rs.6 g,50,44,4 _.
f
3' That even one cannot reach at the site
because there is no
road which ieads to the said tower and
only towers ar-e
erected, i:ut there is sígn for handing over the possessir:*
'o
and you have charged the amounr inciuding
EDc a:rd IDC
from my client ancl according to the supreme
court and o,r.
r:rvn Hon'ble High court, there are certain
guiderines and raw.
have been laid dor¡m that tåe buyer has
to hand-o'er the
possession of the apartment/unit within
the stþulateci perir:d
.as agreed in the agreement, otherwi$e, he wili be liable to
refund the amount along with interest
@ 240/o per âfìnum to
the aliottee. ß
ll
l^
\f.. "l

'è>r'"(-
4' That you have viorated the terms and conditions
of rhe
buiider-buyer agreement and there are no
chances of handing
over the possession of the said apartment
in near future zurd
in this $.'ay, you have cheated rny client.

5' That as according to the agreement, you

have to demand the
amount according to your payment plan as
mentioned in the
agreement, br¡t you âre not complylng with
the terms ancl
conditions of your agreement and inspite
of that, you are
demanding an amount of Rs.3Z,2Z,IOT/:
from my client,
q'hich is iilegal in the eyes of
law and you are not entitlecl tcr
ask for the said amount as there is nothing
at the site.

So, yÕu are, therefore, requested ,through this

notice that kindry refund tfre amounti to my crìent
u,hicrr
has already been paid by my client along r¡,ith interest
,@,

24a/o per ar¡num from the date of payrnent made b¡,

¡r¡;
client till its realization, ls days from the date of tl:e
'vithin
receipt of tåis notice, failing il,hich, my client
would be
compelred t' bring a civil as well as criminal proceedings
against you in the ccimpetent court of raw and in
that event

\,-4
 (

you \¡/ould be responsible for all the costs, expenditure anrl

other incidental charges incurred therein the litigations.

A copy of this notice is kept in m¡* office l'or reacly

reference and for proof and further action.

Sir:cerely yours,
i)
K. *--'-"t. V
(Randeep Siugh Ghangas)
Advocate, Panipat.
 r,JJi.lr'\ - '-
,' \ l
.\; I
i *. i\
.,' - ¡,r*\'-
--.
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 iTORNEY

BEFORE THE HON'BLE ADJUDICATING OFFICER HARYANA REAL

ESTATE REGULATORY AUTHORITY AT GURUGRAM, HARYANA
ComPlaint No. of 2021

AJAY PAL SINGH ...Complainant

VERSUS

I\{/S BLACKBERRY REALCON Pvt. lTD .....Respondent

I AJAY PAL SINGH S/O SH JAGVIR SINGH RESIDENCE OF HOUSE NO. B-837

ANSAL SUSHANT CITY , PANIPAT ,132103 in the above matter do hereby appoint
and retain Advocate KAMAL JEET DAHIYA (P 3312N2007) & MUKUL
SANWARIYA (P12535120!5) R/o # 5302, GH 4A, Jalvayu vihar, sector 20,
Panchkula, HarY ana 13 4l I7 .

To act appear for me/us, to conduct and prosecute/defend the same

in this Court or in any

court in which the same may be tried and also in the appellate courts and in all

proceedings that may be taken in respect of any application compared with the same or
proceedings in taxation
any decree or order passed there including execution proceedings,

and application for Review, to withdraw or to compromise,

to fîle and obtain return of
matter and to represent
documents and receive any money or my/our behalf in the said

me/us and take all necessary steps on mylour behalf in

the above matter in all stages and

to appoint and instruct any other LegalPractitioner authorizing him

to exercise the Power

and authority hereby conferred upon the Advocates whenever

they think fit to do and

I/We agree to ratiff all acts done by the aforesaid Advocate or

any other Advocates

authorized by them in pursuance of this authority'

Dated:

Accepted By:-
KAMAL JEET DAHIYA (P 3312-A12007)
MUKUL SANWARIYA ( D/ I )
ADVOCATES :

9r-9729902009
j urisaxisrera@ gmail'com
Client's Signature